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1997-10-06 REGULAR TOWN BOARD MEETING OCTOBER 6, 1997 6:00 P.M. MTG#47 RES#358-387 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CONTROLLER, HENRY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, JOHN GORALSKI WATER SUPERINTENDENT, THOMAS FLAHERTY DEPUTY WASTEWATER DIRECTOR, MIKE SHAW DIRECTOR OF PARKS & RECREATION, HARRY HANSEN TOWN HISTORIAN, MARIL YN VAN DYKE SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 358, 97 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss appraisal Niagara Mohawk property. Duly adopted this 6th day of October, 1997, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 359,97 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 6th day of October, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pu1ver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAROL PULVER PUBLIC HEARINGS TO LOCATE MOBILE HOME OUTSIDE OF A MOBILE HOME COURT - JAMIE BROWN OPENED 7:02 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak for or against this? You are? JAMIE BROWN SUPERVISOR CHAMPAGNE-You plan to locate a mobile home this is a new location there is no mobile home there at the present time? MRS. BROWN-No. SUPERVISOR CHAMPAGNE-Can you tell us a little bit about what you are planning to locate there, type of trailer? MRS. BROWN-It's a 1984 two bedroom mobile home. SUPERVISOR CHAMPAGNE-Anything more you want to add to that? MRS. BROWN-The reason for why I want to put it there? SUPERVISOR CHAMPAGNE-Yes. I guess there has to be a hardship case. MRS. BROWN-My mother recently got ill in Ju1y she was in the hospital for over three months. I'd like to be there to help her because my father needs to be able to go out and work and I want to be there to help take care of her. SUPERVISOR CHAMPAGNE-Anyone else in the audience interested in this particular issue locating a mobile home on Mallory? Any comments from the board? COUNCILMAN TURNER-Do you have a contract to buy the land from Mrs. Hermance? MRS. BROWN-No, she is my mother and is going to let me place one there. SUPERVISOR CHAMPAGNE-Are we all familiar with the placement of this mobile home? TOWN BOARD-Yes. SUPERVISOR CHAMPAGNE-Is there a Jim's Glass? COUNCILMAN PULVER-Fred, does she have to go for a variance after this? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN PUL VER- This is for the application then she stills has to go for the variance right? SUPERVISOR CHAMPAGNE-Yes. EXECUTIVE DIRECTOR, MR. GORALSKI-That's correct. COUNCILMAN MONAHAN-This is a separate lot? COUNCILMAN TURNER-Yes. It's right there on the corner it is a vacant lot. Her mother owns this lot she wants to put the trailer on this lot to take care of her mother. COUNCILMAN MONAHAN-Where does her mother live? MRS. BROWN-Right next door. SUPERVISOR CHAMPAGNE-There is Jim's Glass.... UNKNOWN-Roofing. SUPERVISOR CHAMPAGNE-I'm sorry, Jim's Roofing. Then it's the house that would be west of that your parents would live in? MRS. BROWN-Yes, I think it's west on Feld Street. COUNCILMAN TURNER-Has she ever had this lot for sale at any time? MRS. BROWN-No. COUNCILMAN PULVER-We do have some correspondence. SUPERVISOR CHAMPAGNE-Yes we do. Do you want to read into the record for us Karen please. DEPUTY TOWN CLERK O'BRIEN-Letter dated October 6,1997. Dear Mr. Champagne & Members of the Town Board: Regarding the application for Jamie Brown for placement of a mobile home on the corner of Mallory Avenue I would like to go on record as being opposed. I own property at 29 Mallory Avenue. Previous requests for mobile homes in this area have been denied (see attached). Building permit records indicate a number of building permits issued for construction of new single family dwellings as well as many upgrades of existing residences in this area. A drive through the neighborhood will certainly verify this information. Thank you for your consideration of this information as you make your decision. Yours, truly, Pamela L. Whiting COUNCILMAN MONAHAN-Karen, I think really you should read into the record the previous actions by the Zoning Board relative to this lot, too. DEPUTY TOWN CLERK O'BRIEN-Motion to deny Use Variance No. 57-1995 Barbara 1. Mallaney, Introduced by Fred Carvin who moved for its adoption, seconded by Chris Thomas: The applicant is proposing to place a mobile home on a vacant parcel outside of a Mobile Home Overlay Zone, as described in Section 179-29, and therefore a Use Variance in order to accomplish this would be required. The applicant has not demonstrated, by the submission of competent financial information, that this lot could not be marketed or developed in compliance with the Ordinance, and has not demonstrated that a reasonable return is possible if the land is used as zoned. This particular parcel is not unique, in that the vast majority of the area is Single Family homes, and the only unique characteristic might be considered that there is an existing mobile home on an adjacent lot, which was granted by variance in 1986. It is felt that if we granted this relief, that the ongoing attempts of the neighborhood to improve its condition would be jeopardized, and that a detrimental and adverse effect on the character of the neighborhood would be created. It is also considered that this would be a maximum relief to address the unnecessary hardship, if proven by the applicant, but more importantly, we should protect the character of the neighborhood and the safety, health and welfare of the community. COUNCILMAN MONAHAN-There is another one behind that one also. DEPUTY TOWN CLERK O'BRIEN-Motion to Deny Use Variance No. 58-1990 Taylor and Lisa Stevenson, The owner has not demonstrated conclusive evidence as to financial hardship combined with the difficulties of clearing title to this property. Further, I think that granting of this variance would be detrimental to the neighborhood. SUPERVISOR CHAMP AGNE- That one is Sherman Avenue and Mallory. Barbara Mallaney we are going to located that one where, Indiana Avenue. COUNCILMAN GOEDERT-Mallaney's where is that suppose to go? I see it it's her address. COUNCILMAN TURNER-That is just where she lives. SUPERVISOR CHAMPAGNE-I see the Section 179-29, therefore Use Variances. You know, you go back to the Use Variances for hardship cases are they identified in the Ordinance, I don't know that EXECUTIVE DIRECTOR, MR. GORALSKI -You mean what is the criteria for a U se Variance. Financial hardship. SUPERVISOR CHAMPAGNE-Financial hardship that's the principal one. TOWN COUNSEL, MR. SCHACHNER-There are a list offive of them and that's the principal one for any Use Variance. COUNCILMAN GOEDERT-What are the other four? TOWN COUNSEL, MR. SCHACHNER-I think one is.... EXECUTIVE DIRECTOR, MR. GORALSKI-No negative impact on the neighborhood. TOWN COUNSEL, MR. SCHACHNER-No negative impact on the character of the neighborhood. EXECUTIVE DIRECTOR, MR. GORALSKI-I think we just list State Law. TOWN COUNSEL, MR. SCHACHNER-Just the State Law. You mean reference the State Law. SUPERVISOR CHAMP AGNE-I also have a list of building permits that have been issued in that neighborhood for upgrading that area. In ninety-six there were three. In ninety-one there were two, I take that back, excuse me there were three in ninety-one. In ninety-two there were four. That neighborhood is beginning to really re-surface and come back upgrading. This is a lot that has never had on it a mobile home is that correct? MRS. BROWN-Right. SUPERVISOR CHAMPAGNE-And this lot has never been for sale so that we don't know..... MRS. BROWN-No. SUPERVISOR CHAMPAGNE-It is a buildable lot? EXECUTIVE DIRECTOR, MR. GORALSKI -Yes. TOWN COUNSEL, MR. SCHACHNER-I can answer Connie question if you want. SUPERVISOR CHAMPAGNE-Please do. TOWN COUNSEL, MR. SCHACHNER-I happen to have the State Statue with me. The four criteria for granting of a Use Variance are: That the applicant cannot realize a reasonable economic return. That the alleged hardship according to the property is unique and does not apply to a substantial portion of the neighborhood. That the requested Use Variance would not alter the essential character of the neighborhood and that the alleged hardship has not been self-created. SUPERVISOR CHAMPAGNE-Anything else from the audience. COUNCILMAN GOEDERT-In reference to the location of this mobile home over on Nathan and Mallory. All the denials that we have in our pile are for that area? EXECUTIVE DIRECTOR, MR. MARTIN-I didn't put that together. It sounds like they are for that area they are not for that lot. COUNCILMAN GOEDERT-The Mallaney one the address for the person is 35 Indiana Avenue. That is quite a distance away from.... EXECUTIVE DIRECTOR, MR. GORALSKI-Like I said, I didn't put that together. That's not from my office I never seen those before. I know there have been a couple of variance applications in that area that has been denied. COUNCILMAN GOEDERT-Can you tell me off the top of your head what Section 179-29 is? EXECUTIVE DIRECTOR, MR. GORALSKI-I can tell you off the top of the book. COUNCILMAN GOEDERT-Never mind I know what it is. EXECUTIVE DIRECTOR, MR. GORALSKI-Mobile Home Overlay District. COUNCILMAN GOEDERT-Mrs. Brown do you work? MRS. BROWN-No. COUNCILMAN GOEDERT-Your mother needs your care so you want to live outside their residence? MRS. BROWN-Right. COUNCILMAN GOEDERT-If this is approved here tonight then it goes on to the Zoning Board? EXECUTIVE DIRECTOR, MR. GORALSKI-Right. COUNCILMAN GOEDERT -And at the Zoning Board what will be done there? EXECUTIVE DIRECTOR, MR. GORALSKI-The Zoning Board will have to find that those four tests are met in order to grant the variance. TOWN COUNSEL, MR. SCHACHNER-Then there is a public hearing at the Zoning Board as well. PUBLIC HEARING CLOSED 7:10 P.M. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JAMIE BROWN ON THE CORNER OF MALLORY AND NATHAN STREETS, QUEENSBURY RESOLUTION NO.: 360, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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, Jamie Brown 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 the corner of Mallory and Nathan Streets, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on October 6, 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 6th day of October, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: Mrs. Monahan, Mr. Turner ABSENT:None PUBLIC HEARING - LOCATE MOBILE HOME OUTSIDE OF A MOBILE HOME COURT RICHARD SAWYER C/O WILLIAM WHIPPLE ON 8 KATHERINE STREET OPENED 7:15 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Is someone here to speak to that? MR. WHIPPLE-We have an existing trailer on the lot now. All we're looking to do is really update and move in a newer one. It's my grandfather's lot just making it more liveable for him. It's a 1985 two bedroom. SUPERVISOR CHAMPAGNE-What's on there right now. There is a 1954 trailer with a little addition on it. I've got some pictures. SUPERVISOR CHAMPAGNE-Are you going to tear that addition down or does that stay? MR. WHIPPLE-No. Everything existing on the lot will be removed. Just roll in the new one and put on a nice deck for hirn. COUNCILMAN GOEDERT-You are doing this for your grandfather? MR. WHIPPLE-Yes. COUNCILMAN GOEDERT -And his name is? MR. WHIPPLE-Richard Sawyer. EXECUTIVE DIRECTOR, MR. GORALSKI-I point out that this one will not go to the Zoning Board of Appeals. SUPERVISOR CHAMPAGNE-Right, it is a replacement. EXECUTIVE DIRECTOR, MR. GORALSKI-Right. COUNCILMAN GOEDERT -It meets all the boundary requirements and everything because it's probably bigger also. MR. WHIPPLE-Yes and no. Square footage it's about the same but it's longer than the existing because of the addition. But if you put the two together. COUNCILMAN MONAHAN-Is it going to meet the setbacks that are required in that zone? MR. WHIPPLE-Yes and then some. The way the house is sitting now for the trailer it's actually a little too close for comfort to the existing house that's next door to it. Where this way, it will even it a little more appropriate onto the lot, I think it will look a little bit better. SUPERVISOR CHAMPAGNE-Anyone in the audience care to speak? I was there today to kind of talk to the neighbors. The only complaint that I got was that the yard is not, it's not me to judge, but I'm just passing the word on from the neighborhood that the yard is not always kept up in an orderly fashion. MR. WHIPPLE- I find that hard to believe. Only because between my grandfather and I we take care of it. I plow it in the winter make sure she's shoveled out and he does the mowing. SUPERVISOR CHAMPAGNE-Just passing on the word. MR. WHIPPLE-Maybe he's not weed whipping it enough in that chain link fence I'll have to keep tabs on hirn. Actually he's usually pretty good we'll let him slide a little bit he does have gout so sometime he can't get out there. SUPERVISOR CHAMPAGNE-Any other questions from the board? COUNCILMAN TURNER-New septic Mr. Whipple? MR. WHIPPLE-When the new trailer's in my assumption on it, it's going to need it. The other one a little bit too close I think when we put the new trailer in to the new setbacks. IBM Septic been working with me I'd show them how we'd set it out and everything. He's pretty sure along with mine it's going to need the new septic. COUNCILMAN TURNER-It will be a new tank new leach fields? MR. WHIPPLE-New everything. SUPERVISOR CHAMPAGNE-Anymore from the board? Close the public hearing. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION AUTHORIZING 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.: 361,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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, Richard Sawyer, on behalf of William Whipple, 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 at 8 Katherine Street, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on October 6, 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 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 362, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Town Board of the Town of Queensbury and enters into the Queensbury Board of Health. Duly adopted this 6th day of October, 1998, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None PUBLIC HEARING - SANIT ARY SEWAGE DISPOSAL VARIANCE RICHARD CAROT A OPENED 7:21 P.M. NOTICE SHOWN DAVE KLEIN, NORTH COUNTRY ENGINEERING-Representing Richard Carota on a holding tank variance (Plans presented to board). SUPERVISOR CHAMPAGNE-We've all seen that drawing I believe. MR. KLEIN-Currently there are two tanks they are about four foot deep below grade. We believe they are metal tanks and they have holes in the bottom and sides of it that is typically what they did years ago with leaching facilities. The well is located about twelve, fifteen feet away from the tanks. The neighbors well is pretty close and it's also close to the lake. We pumped the tanks out and we noticed that after we got them pumped out it was leaching back into the bottom of the tank and filled up about one foot eight into the bottom of the tank. The tank is basically leaching into the ground water. We could propose a new disposal system, but we couldn't meet the setbacks for the lake. We couldn't meet the setbacks for above groundwater. We've had a difficult time meeting the setbacks to the wells. Mr. Carota would like to do what's right for the lake and put in the holding tank. We understand that we have to come for a variance for that and that's why we're here tonight. SUPERVISOR CHAMPAGNE-Anyone from the audience care to speak to that issue? COUNCILMAN GOEDERT-We have that letter from Dave Hatin do we not. TOWN BOARD-Yes. COUNCILMAN MONAHAN-Mr. Klein, I'm assuming since this is one that is going to be built on the site that it will still have all the safety features that are required in spite of our holding tank ordinance. MR. KLEIN-Those and then some. We're going to have more sophisticated alarms system, a monitoring system. The setbacks are a little bit short for the lake and some of the well but it's going to be a completely sealed system going out of our way to make sure it's a sealed system. SUPERVISOR CHAMPAGNE-Would you care to come up and ask that same question. KAY GRAY-Neighbor. There has been another septic system above ground installed very close to my property. I was just wondering how is the ventilation system being done on this one? MR. KLEIN-We don't plan on having any ventilation system it will be tied into the plumping system that is already vented. There will be a pipe above ground that will be sealed off so in the winter time they don't have to remove the covers to be able to empty the system. SUPERVISOR CHAMPAGNE-You know the system I take it. MR. KLEIN-We've done several septic systems in the area. MRS. GRAy-It does omit smells that is something you are going to have to be thinking about. Thank you. SUPERVISOR CHAMPAGNE-Thank you Any other questions from the audience, concerns? JOHN SALV ADOR-Ijust wonder if the high ground water would endanger the system of floating? MR. KLEIN-We calculated the buoyancy forces on it. We're going to be down as deep as we can get bedrock. We anticipate it's about four and a half feet down. We're having a wider tank that's going to be fairly shallow and will be designed for the buoyancy forces and truck loading because we anticipated to be in the driveway Alternate # 1 on the plan. MR. SALVADOR-And it will be below existing grade? MR. KLEIN-Yes it will. SUPERVISOR CHAMPAGNE-Anyone else care to speak? If not anything more from the board? PUBLIC HEARING CLOSED 7:30 P.M. RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR RICHARD CAROT A RESOLUTION NO.: 28,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Plliver WHEREAS, Richard Carota previously filed a request for four (4) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that an applicant must apply for a variance in order to have a holding tank, that the holding tank be a "pre-cast" tank, that there be a 50' separation between the holding (septic) tank and a well, and that there be a 50' separation between the holding (septic) tank and Lake George, 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 four (4) variance requests on October 6, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been dlliy 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 Carota, allowing a holding tank, that the holding tank be "cast in place" (built on-site) rather than the required pre-cast tank, allowing a 10 feet distance between the holding (septic) tank and owner's well in lieu of the required 50 feet distance, and allowing a 40 feet distance between the holding (septic) tank and Lake George in lieu of the required 50 feet, on property situated at 30 Plliver Road, Kattskill Bay in the Town of Queensbury, New York, and bearing Tax Map No. 18-1-14. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR BYRON RIST AS APPLICANT FOR OWNER LEON W. DAVIS RESOLUTION NO.: 29,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, 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, Byron Rist, applicant for Leon Davis, has applied to the Local Board of Health of the Town of Queensbury for two (2) 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 holding tanks; and 2) the holding tanks be installed at the existing grade and then filled around and over, rather than be installed below the grade as required, and NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 20, 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 Byron Rist as applicant for Leon Davis to allow holding tanks and that the holding tanks be placed at the existing grade and filled around and over rather than installed below the grade as required on property situated on Assembly Point Road, Queensbury and bearing Tax Map No. Section 8, Block 3, Lot 5, 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 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR PHILLIP H. AND SUSAN K. MORSE RESOLUTION NO.: 30,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is, 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, Phillip and Susan Morse have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136-11A, such application requesting that the applicant be allowed to have holding tanks, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 20, 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 Phillip and Susan Morse to allow holding tanks, on property situated at Bay Parkway, Assembly Point, New York, and bearing Tax Map No. Section 9, Block 1, Lot 19, 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 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 31, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Plliver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and enters into the Town Board of the Town of Queensbury. Duly adopted this 6th day of October, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None CORRESPONDENCE DEPUTY O'BRIEN-Noted Supervisor's Budget presented to Board Members, copies available in Town Clerk's Office. Read following letter into the record. (On file Town Clerk's Office) Letter dated September 28, 1997 Susan Cipperly Senior Planner Town of Queensbury 742 Bay Road Queensbury, New York 12804 Re: 48.-3-22.4 Dear Sue, Thank you for your fast and professional response to our request relative to the status of the parcel referenced above. Your willingness and ability to prepare a brief letter made the sale of this property move smoothly. Your office regularly assists the real estate profession, owners, and buyers. We do appreciate your efforts. Cordially, Stephen Borgos Licensed Real Estate Broker COUNCILMAN MONAHAN-Read following letter into the record. (On file Town Clerk's Office) Letter dated September 2, 1997 Dear Mrs. Monahan: We the undersigned, are residents and/or boaters at Sandy Bay are writing to you requesting you propose to the Town Board an amendment of Local Ordinance No. 34 regarding the 5 mph zone at Sandy Bay on Lake George. The present location is 1800 feet north of the southerly shore. As rude and inexperienced boaters enter Sandy Bay they race to get to open moorings and don't actually slow down until they are well inside the 5 mph zone. As a result we get some nasty wakes that cause our boats to bank into the docks causing damage. This is almost continuously! It also makes it very difficult to dock our boats because we have to wait until the wakes subside. It is a very congested area with numerous boats entering and leaving the Sandy Bay area, particularly on weekends. We propose the zone be extended at least an additional 500 feet to let the wakes subside. Other bays on Lake George have a substantial distance of 5 mph to protect boaters and property, why not Sandy Bay? We would appreciate any prompt action you can take to ease or eliminate the problem. Sincerely, Anthony Edwards, Lake George, New York (several co-signers) RESOLUTIONS RESOLUTION RETAINING O'BRIEN & GERE ENGINEERS, INC. FOR DEVELOPMENT OF SEWER DISTRICT ENCOMPASSING QUEENSBURY SCHOOL PROPERTIES RESOLUTION NO.: 363,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is considering the development of a sewer district to encompass the Queensbury School properties located on Aviation Road in the vicinity of John Burke Apartments, and WHEREAS, O'Brien & Gere Engineers, Inc., in their letter to Thomas Flaherty dated September 12, 1997, has offered to prepare preliminary cost estimates for the project and develop a Map, Plan and Report for the areas to be served at a cost not to exceed $7,500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of O'Brien & Gere Engineers, Inc., to perform those services outlined in their letter dated September 12, 1997, at a maximum sum not to exceed $7,500, a copy of said letter being presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town's authorization shall be contingent upon written authorization by the the Queensbury School Board, and BE IT FURTHER, RESOLVED, that $7,500 be transferred from the Serial Bond Interest Account #32-9710-7010 into the Engineering Services Account #32-8120-4710 to pay for the cost of the engineering services and that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT -Questioned if a commitment letter has been received from Queensbury School in reference to the sewer being part of their building project? WATER SUPERINTENDENT, THOMAS FLAHERTY-Doesn't have anything in writing. Met with Dr. Gee and Engineers they have indicated they want to do this and move ahead. Meeting is scheduled with Attorney Hafner and Larry Paltrowitz who is the Attorney for the school board for Wednesday. COUNCILMAN GOEDERT-Noted that this should be in writing from the school that this is part of their building project. SUPERVISOR CHAMPAGNE-Noted the resolution could be contingent upon that approval. COUNCILMAN GOEDERT-Questioned if this ties in the $141,000 that the Town has to come up with? BOARD-Yes. SUPERVISOR CHAMPAGNE-Questioned if it is important that we do the Map, Plan, and Report now? WATER SUPERINTENDENT, MR. FLAHERTY-Personal opinion doesn't think it's necessary right up front. COUNCILMAN GOEDERT-Noted she would like something in writing tieing it into something in writing from the school that the sewer is part of their building expansion. COUNCILMAN PULVER-Noted make it contingent upon written verification. TOWN COUNSEL, MR. SCHACHNER-Noted add a resolve, that the Town's authorization shall be contingent upon written authorization by the Queensbury School Board. VOTE TAKEN RESOLUTION AUTHORIZING NORTH COUNTRY SPCA TO USE TOWN PROPERTY FOR "PEDAL FOR PETS" FUND RAISER RESOLUTION NO.: 364,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the North Country SPCA has requested permission to use the Town's parking lots at 742 Bay Road for their "Pedal for Pets" bike-a-thon fund raiser scheduled for Saturday, October 11, 1997, from 9:00 a.m. to approximately 1:00 p.rn., and WHEREAS, the North Country SPCA has provided a hold harmless agreement and Certificate of Liability Insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the North Country SPCA to use the Town's parking lots at 742 Bay Road for their "Pedal for Pets" bike-a-thon fund raiser scheduled for Saturday, October 11, 1997, from 9:00 a.rn. to approximately 1:00 p.rn., and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further directs that North Country SPCA shall have the responsibility to clean and/or repair the site after the "Pedal for Pets" fund raiser. Duly adopted this 6th day of October, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING APPLICATIONS TO THE STATE UNDER THE CLEAN WATER/CLEAN AIR BOND ACT OF 1996 FOR CLEVERDALE ROAD STORMW ATER IMPROVEMENT PROJECT RESOLUTION NO. 365, 97 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER WHEREAS, the Town of Queensbury, herein called the "Municipality", after thorough consideration of the various aspects of certain stormwater run-off problems on Cleverdale Road and study of available data, has hereby determined that certain stormwater improvement work, to be described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project, and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury: 1. That John Goralski, Executive Director of Community Development, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany Office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments; 4. That this Resolution take effect immediately. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned if the Municipality is the Town? EXECUTIVE DIRECTOR, MR. GORALSKI -Correct. COUNCILMAN GOEDERT-Questioned the portion of the cost? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted the cost estimates for design and construction of the project is approximately $400,000. Of the $400,000 the grant is for fifty percent approximately $25,000 from the Lake George Association for design work that would go towards the Towns matching fund, can also add in administrative cost, legal fees. The original plan was for the Highway Department to do the work. There is an extra $16,000 left in the Lake George Association Grant that can be used for design service, final construction documents. COUNCILMAN PULVER-Questioned where the rest of the money is coming from? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted it is a project started at least a year ago. The understanding was that the Highway Department would contribute the labor for the project. The grant money would be used for materials and equipment. SUPERVISOR CHAMPAGNE-Noted the deadline for the project is October 20th for application. Ifwe have the money we will proceed with it if we don't we can reject the funds. JOHN SALVADOR-Questioned if the Stormwater Committee report has been adopted? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted it is in draft forrn. MR. SALVADOR-Noted the Cleverdale area in number three on the list. SUPERVISOR CHAMPAGNE-Noted he feels comfortable in putting the application in. EXECUTIVE DIRECTOR, MR. GORALSKI-Noted they have the best chance of getting funds for this project because not only is it identified in the Stormwater Management Plan that is being worked on it is also in the design stages already. Also have grant money that has been given for things that add points to the application. MR. SALVADOR-Questioned if the $360,000 estimate is based on Mr. Naylor doing the work or independent contractor? EXECUTIVE DIRECTOR, MR. GORALSKI-Independent contractor. MR. SALVADOR-Questioned if the $360,000 covers the cost of easements? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted there are no easements proposed all the work is proposed in the right-of-way. VOTE TAKEN COUNCILMAN GOEDERT-Noted she is voting only on the application. SUPERVISOR CHAMPAGNE-Noted he is voting on the application only not the funding. RESOLUTION ACCEPTING DEDICATION OF PARCEL OWNED BY HUDSON POINTE, INC. RESOLUTION NO.: 366,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Hudson Pointe, Inc., has proposed dedicating a 4.11 acre parcel located in the vicinity of Corinth Road (the "Parcel"), to the Town of Queensbury, and WHEREAS, the parcel to be dedicated will become part of a dedicated road in the Town of Queensbury running from Corinth Road through the commercial lots of the Hudson Pointe Planned Unit Development and eventually tieing in to the southern cul-de-sac of the Development, and WHEREAS, Town Counsel has reviewed the proposed Warranty Deed and related forms and have determined them to be in a legally acceptable form, and WHEREAS, the Town Board of the Town of Queensbury desires to authorize acceptance of the deed for the property dedication, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and accepts the dedication of the 4.11 acre parcel from Hudson Pointe, Inc., and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury approves the recording and filing of the Warranty Deed and further authorizes and directs the Town Supervisor to execute all documents necessary to complete the recording of the Deed on behalf of the Town of Queensbury, affix the seal of the Town to said documents, and take such other and further action as may be necessary to record the Deed with the Warren County Clerk's Office. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR PROFESSIONAL AUDITING SERVICES RESOLUTION NO.: 367,97 INTRODUCED BY: Mrs. Connie Goedert SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is interested in soliciting proposals from qualified certified public accounting firms to audit the Town of Queensbury's financial statements for the fiscal year ending December 31, 1997, with the option of auditing the Town's financial statements for the subsequent two (2) fiscal years, and WHEREAS, the Town Controller has presented at this meeting a memorandum of notification to potential bidders and has advised the Town Board that he is preparing a Request for Proposals to be in form recommended by the Government Finance Officers Association and in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Controller to advertise and send out a Request for Proposals for professional audit services to qualified municipal auditors located in the Capital District extending from Albany through Warren Counties, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Controller to review the proposals with the Town Board so that the Town Board may select a firm before the end of December, 1997. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION REQUESTING THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO PERFORM MUNICIPAL BETTERMENT PROJECT - INSTALLATION OF 328 METERS OF 4NPHS SANITARY FORCED SEWER MAIN ON THE AVIATION ROAD BRIDGE - PURSUANT TO HIGHWAY LAW ~1O(27) AND APPROPRIATING FUNDS THEREOF RESOLUTION NO.: 368,97 INTRODUCED BY: Mrs. Carol Plliver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, pursuant to Highway Law ~ 10(27) the Commissioner of Transportation ("Commissioner") may, upon the request of a municipality, perform for at the expense of such municipality, any work of construction or reconstruction, including the removal and relocation of facilities, provided the Commissioner deems it practicable to perform such work for such municipality in connection with the performance of any work of construction, reconstruction or improvement under the Highway Law, and WHEREAS, the Town of Queensbury ("Town") is a municipality within the meaning of such section of the Highway Law, and WHEREAS, the New York State Department of Transportation (DOT) is progressing a project to replace the existing two (2) lane bridge carrying Aviation Road over Interstate 87 at Exit 19, State Highway 9379 in the Town of Queensbury with a new five (5) lane bridge at an increased vertical clearance including reconstruction of the Interstate ramps up to the new grade, and improvements to 1,070 meters of Interstate 87 mainline and pedestrian/bicyclist accommodations on Aviation Road, and WHEREAS, pursuant to Highway Law ~ 10(27), the Town wishes NYS DOT to perform a "Municipal Betterment Project" consisting of the installation of 328 meters (1200 LF) of 4NPS Sanitary Forced Sewer Main on the bridge and the north side of Aviation Road from a junction at Burke Drive easterly to just east of the Interstate ramp connections of ramps C and D, and the replacement of sidewalks, lighting and water lines, and WHEREAS, NYS DOT has estimated the cost of the Municipal Betterment Project to be $141,000, and WHEREAS, in connection with this Resolution and no later than NYS DOT's award of contracts inclusive of the work contemplated by this Resolution, the Town shall deposit with the State Comptroller, subject to the draft or requisition of the Commissioner, the amount of the cost estimate, to be expended on the costs of the Betterment so requested and approved, and WHEREAS, upon completion and payment of the Municipal Betterment project contemplated herein, the Commissioner shall determine the costs thereof to be borne by the Town and any excess of the deposit shall be paid to the Town on the warrant of the State Comptroller on vouchers approved by the Commissioner, and in the event such costs exceed the amount of the deposit, the Town shall, within 90 days of the receipt of notice from the Commissioner, pay the amount of such deficiency to the State Comptroller, and WHEREAS, the Town is receiving the costs of the Municipal Betterment Project from the Queensbury Union Free School District and will support this Project if such School District agrees to pay all of its costs, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Municipal Betterment Project described in this resolution, and BE IT FURTHER, RESOLVED, that the Town will provide the sum of ONE HUNDRED FORTY ONE THOUSAND DOLLARS ($141,000) received from the Queensbury Union Free School District for deposit with the State Comptroller pursuant to this Betterment Resolution with NYS DOT and expenditure on the draft or requisition of NYS DOT for Betterment costs in accordance with Highway Law ~ 10(27) and such Betterment Resolution, and BE IT FURTHER, RESOLVED, that the Town of Queensbury will operate and maintain the Municipal Betterment Project, including the sidewalks, lighting and water lines and will make ample provision each year for such operation and maintenance and the State shall have no operating or maintenance responsibility therefor after construction, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute any necessary agreements or other instruments on behalf of the Town of Queensbury in connection with the advancement or funding of the Project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to file a certified copy of this Resolution with the New York State Comptroller and the New York State Commissioner of Transportation, with the understanding that upon completion of the Betterment Project by NYS DOT, that NYS DOT shall transmit to the Town of Queensbury a statement showing the actual costs and expenses of the Betterment Project and shall notify the fiscal officer of the amount due from or to be returned to the Town, as the case may be, and that any sum due to NYS DOT shall be paid by the Town within ninety (90) days after the date of transmittal of such statement, and the funds therefore shall be raised according to laws of the State of New York, as applicable and that such funds are to be provided by the Queensbury Union Free School District. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None COUNCILMAN GOEDERT -Noted she is voting yes if it is tied in that they have it in writing from the school. RESOLUTION REGARDING MAINTENANCE OF SEWER LINES, SIDEWALKS, LIGHTING AND WATER LINES ON AVIATION ROAD BRIDGE RESOLUTION NO.: 369,97 INTRODUCED BY: Mrs. Carol Plliver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the New York State Department of Transportation (DOT) is progressing a project to provide improvements to Aviation Road over Interstate 87 at Exit 19, State Highway 9379 in the Town of Queensbury, and WHEREAS, New York State will include as part of the construction, reconstruction or improvement of the above-mentioned project, the construction of sewer lines pursuant to Section 10, Subdivision 22, Section 46 of the Highway Law and will provide for the replacement of sidewalks, lighting and town water lines pursuant to Section 10, subdivision 24 of the Highway Law, as shown on the contract plans relating to the project, and WHEREAS, the New York State Department of Transportation has requested that the Town of Queensbury execute a Maintenance Agreement whereby the Town of Queensbury would assume maintenance responsibility for sewer lines, sidewalks, lighting, and water lines installed and/or improved as part of the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the Town of Queensbury shall maintain such highway appurtenances, including sewer lines, sidewalks (on the bridge and approaches), lighting and water lines, including lighting costs performed on the project and shown on the contract plans relating to the project, including the control of snow and ice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Maintenance Agreement presented at this meeting and to take any such further actions as may be necessary on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to furnish five certified copies of this Resolution to the New York State Department of Transportation. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING MANAGEMENT AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND BEA VERKILL CONSERVANCY, INC., AN AFFILIATE OF THE OPEN SPACE INSTITUTE RESOLUTION NO.: 370,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Beaverkill Conservancy, Inc., an affiliate of the Open Space Institute (hereinafter "BCI"), has entered into a contract to purchase approximately 80 acres of land owned by the Faith Bible Church in the Town of Queensbury, said property located between the Hudson Pointe Nature Preserve and open space land owned by the Town, and WHEREAS, the Town of Queensbury desires to use the property for public recreation and enjoyment, and WHEREAS, BCI and the Town of Queensbury wish to enter into an agreement so that the Town may manage the premises, in cooperation with BCI, for public recreation, and a copy of the proposed agreement has been presented at this meeting, and WHEREAS, the parties desire the term of this agreement to be for a period often (10) years, subject to renewal for two (2) additional ten (10) year terms, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to sign an agreement with the Beaverkill Conservancy, Inc., an affiliate of the Open Space Institute ("BCI") regarding the Town of Queensbury's management and maintenance of the property owned by BCI for passive and active public recreation, said agreement in substantially the form presented and approved by Town Counsel. Duly adopted this 6th day of October, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN BLANKET FEDERAL EXCISE TAX EXEMPTION CERTIFICATE FOR WARREN TIRE SERVICE CENTER, INC. RESOLUTION NO. 371, 97 INTRODUCED BY: MRS. CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, Warren Tire Service Center provides tires to the Town of Queensbury for Town vehicles pursuant to State contract, and WHEREAS, Warren Tire has presented to the Town a proposed Blanket Exemption Certificate to exempt the Town from paying federal excise tax on tire purchases, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the blanket Federal Excise Tax Exemption Certificate relative to Warren Tire Service Center, Inc. on behalf of the Town of Queensbury and to place the seal of the Town of Queensbury on said document. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION OF TOWN BOARD ORDERING DEMOLITION AND REMOVAL OF BUILDING OWNED BY LARRY R. DAVIS, JR. RESOLUTION NO. 372, 97 INTRODUCED BY: MRS. CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER WHEREAS, the Town Board of the Town of Queensbury, after holding a hearing on August 5, 1996 by resolution no. 322, 96, determined that upon reviewing all available information, that the building owned by Larry R. Davis, Jr., and located on property identified as tax map no.: 93.-3-6 located on East Drive in the Town of Queensbury appeared to be unsafe and dangerous, potentially an object of attraction and a danger to minors, unfit for the purposes for which it may be lawfully used and irreparable, and further ordered that the building be repaired or demolished and removed, and in the event that the resolution of the Town Board was not complied with, that the Town Board would take action to have the property demolished, and WHEREAS, the Town Board was advised that notice of the hearing and a copy of Resolution No. 322,96 was served on the property owner and others having an interest in the property, pursuant to ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, and WHEREAS, by Resolution No. 488, 96, the Town Board ordered the demolition and removal of the unsafe building, and WHEREAS, Hon. John Dier, by Court Order and Judgment dated August 26, 1997, authorized the Town of Queensbury to demolish and remove the building and the debris and garbage on the property, and WHEREAS, the Director of Building and Codes Enforcement solicited four (4) bids for the necessary demolition and removal work, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Director of Building and Code Enforcement to retain the services of Kruger Concrete, Inc., to perform the demolition and removal work specified herein for an amount not to exceed $1,200, and to take such further steps as may be necessary and appropriate to accomplish demolition and removal of the building, so long as the terms and provisions of the Court Order and this resolution are adhered to, and BE IT FURTHER, RESOLVED, that Town Counsel is authorized and directed to take such further steps as may be necessary to have the expenses of demolition assessed as a lien against the property, and BE IT FURTHER, RESOLVED, that the Director of Building and Codes Enforcement shall send a copy of this resolution registered mail to the property owner. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF COOL RISK MANAGEMENT SERVICES TO PROVIDE OCCUPATIONAL SAFETY ADVISORY SERVICES RESOLUTION NO.: 373,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury wishes to engage Cool Risk Management Services to provide occupational safety advisory services to the Town of Queensbury for the year 1997, and WHEREAS, Cool Risk Management Services has offered to provide these services for an amount not to exceed $8,000, and WHEREAS, the Town Board of the Town of Queensbury budgeted for these occupational safety advisory services in its 1997 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes engagement of the services of Cool Risk Management Services to provide occupational safety advisory services for a sum not to exceed $8,000 and to be paid for from Account No. 01-1910-4400-1910, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any agreements that may be necessary, in form approved by Town Counsel, for these services. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: Mrs. Goedert ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN PULVER-Questioned if there was someone in-house that could do this? SUPERVISOR CHAMPAGNE-No. COUNCILMAN GOEDERT -Spoke to the board regarding a letter received from Mr. Plunkett, questioned if board recalled letter? SUPERVISOR CHAMPAGNE-Doesn't recall letter, but will check into it. COUNCILMAN GOEDERT -Questioned why he has to have a Right to Know, Blood Borne Pathogens, First Aide Topics all separate noting they all come under one under the State. SUPERVISOR CHAMPAGNE-Noted this goes over and beyond what the State requirements are. COUNCILMAN GOEDERT-Noted she doesn't think there is enough information. SUPERVISOR CHAMPAGNE-Requested that the Supervisor get the additional information that Councilman Goedert feels that necessary. VOTE TAKEN RESOLUTION AUTHORIZING MDI ASSOCIATES, LLC TO PREP ARE COMPREHENSIVE APPRAISAL CONCERNING THE NIAGARA MOHAWK ARTICLE 7 PROCEEDINGS RESOLUTION NO.: 374,97 INTRODUCED BY : Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY :Mrs. Carol Pulver WHEREAS, by Resolution No. 329,97, the Town Board of the Town of Queensbury retained the services ofMDI Associates, LLC to prepare the preliminary appraisal and report for use in settlement negotiations in the Niagara Mohawk Power Corporation Article 7 Real Property Assessment Proceedings against the Town of Queensbury for the Tax Years 1994, 1995, 1996 and 1997, and upon further authorization from the Town Board to prepare a comprehensive appraisal as set forth in the consultant contract, and WHEREAS, MDI Associates, LLC prepared the preliminary appraisal and report, and WHEREAS, the Town Board of the Town of Queensbury wishes to authorize MDI Associates, LLC to prepare the comprehensive appraisal, NOW, THEREFORE BE IT RESOLVED, that the Town hereby authorizes MDI Associates to prepare the comprehensive appraisal and report for a cost not to exceed $24,000 as set forth in the consultant contract, and BE IT FURTHER, RESOLVED, that MDI Associates shall not actually commence the work authorized by this Resolution until receipt of further written authorization from the Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Supervisor is authorized to execute any documentation in form approved by Town Counsel to implement the intent of this resolution. Duly adopted this 6th day of October, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, MR. SCHACHNER-Noted the addition to the resolution. Add a resolve clause that would state, Resolve that MDI shall not actually commence the work authorized by this resolution until receipt of further written authorization from the Town Counsel. VOTE TAKEN RESOLUTION TEMPORARILY EXTENDING MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES RESOLUTION NO.: 375,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pu1ver WHEREAS, on April 7, 1997, by resolution no. 137,97, the Town Board of the Town of Queensbury enacted Local Law NO.2 of 1997 entitled, "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adult Uses and Adult Entertainment Uses," which law authorized a moratorium on the conduct of new adult uses and adult entertainment uses within one- thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury while the Town contemplates regulation of such uses through further Local Laws, and WHEREAS, the Local Law stated that the moratorium would expire one-hundred eighty (180) days after its effective date, and WHEREAS, the Town Board of the Town of Queensbury wishes to temporarily extend the moratorium an additional thirty (30) days, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby extends the moratorium on adult uses and adu1t entertainment uses another thirty (30) days until early November, 1997 and no such uses shall commence or be authorized during such time period. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, MR. SCHACHNER-Noted to add a clause at the end of the resolution to read. And no such uses shall commence or be authorized during such time period. VOTE TAKEN RESOLUTION SETTING PUBLIC HEARING ON PROPOSED EXTENSION OF THE TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES RESOLUTION NO.: 376,97 INTRODUCED BY: Mrs. Carol Pu1ver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on April 7, 1997, by resolution no. 137,97, the Town Board of the Town of Queensbury enacted Local Law NO.2 of 1997 entitled, "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adult Uses and Adult Entertainment Uses," which law authorized a temporary moratorium on the conduct of new adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury while the Town contemplates regulation of such uses through further Local Laws, and WHEREAS, the Local Law stated that the moratorium would expire one-hundred eighty (180) days after its effective date, and WHEREAS, the Town Board of the Town of Queensbury subsequently adopted a resolution to extend the moratorium by another thirty (30) days or until early November, 1997, and WHEREAS, the Town Board of the Town of Queensbury desires to conduct a public hearing to consider amendment of Local Law NO.2 of 1997 by extending the moratorium by an additional ninety (90) days or until on or about the end of January, 1998, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 20th day of October, 1997, to consider the amendment of Local Law NO.2 of 1997 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the amendment of Local Law NO.2 of 1997 in the manner provided by law. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO. 377,97 INTRODUCED BY: MRS. CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER 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: SUPERVISOR: FROM: TO: $ AMOUNT: 001-1680-4070 (Equip. Repair) 001-1680-2031 (Hardware) $ 2,000. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ACCEPT BID FOR PURCHASE OF BRASS SERVICE CONNECTION MATERIALS AND COPPER TUBING RESOLUTION NO. 378, 97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of brass service connection materials and copper tubing, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has made recommendations in connection with the bids, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the brass service connection materials to L & C Municipal Sales, Inc., the lowest responsible bidder, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the copper tubing to Vellano Bros, Inc., the lowest responsible bidder, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account(s). Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPROVING AND AUTHORIZING SALE OF SURPLUS CHLORINATOR TO VILLAGE OF FORT EDWARD RESOLUTION NO. 379,97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Water Superintendent has requested Town Board approval to sell one surplus Wallace & Tiernan Chlorinator that was left over when the Town converted from chlorine gas to Hypochlorite to the Village of Fort Edward for the amount of $500.00, and WHEREAS, pursuant to ~64(2-a) of the Town Law of the State of New York, the Town Water Superintendent 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 Water Superintendent has deemed that the Town Water Department has no further use for this chlorinator, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Wallace & Tiernan Chlorintor is of no use to the Town and is therefore obsolete, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the sale of one surplus Wallace & Tiernan Chlorinator to the Village of Fort Edward for the sum of $500.00, and BE IT FURTHER RESOLVED, that the proceeds of the sale will be deposited in the appropriate Town account in accordance with Town policy and Law of the State of New York. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO. 380, 97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT WHEREAS, certain departments have requested transfers of funds for the 1997 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3620-4090 (Conf. Expense) 01-8020-4220 (Training/Education) $ 400. 01-8020-4090 (Conf. Expense) 01-8020-4220 (Training/Education) 95. 01-8030-4400 (Misc. Contractual) 01-8020-4220 (Training/Education) 943. TOWN COURT: FROM: TO: $ AMOUNT: 01-1110-4150 (Steno Services) 01-1110-2010 (Office Equipment) $ 400. WATER: FROM: TO: $ AMOUNT: 40-8340-4291 40-8320-4500 $10,000. (Meter) (Fuel Oil/Gas) and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING CHRISTINE DASHON TO HOOK-UP TO BERKSHIRE-QUEENSBURY, L.L.C. SANITARY MAIN RESOLUTION NO. 381, 97 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER WHEREAS, the Town Board of the Town of Queensbury by resolution no. 188,96, authorized an agreement between the City of Glens Falls, the Town of Queensbury, and Berkshire-Queensbury, L.L. C. authorizing Berkshire-Queensbury, L.L.C., on certain real property located at 5 Main Street, Queensbury, tax map no.: 130-3-18, to hook-up and transmit wastewater to the sewage facilities owned and maintained by the City of Glens Falls, and WHEREAS, such resolution and agreement contained provisions prohibiting any other entity from connecting to the sewerage facilities being constructed by Berkshire-Queensbury, L.L.C., without agreement of the other parties, and WHEREAS, by resolution no. 386, 96, the Town Board of the Town of Queensbury amended resolution no. 188, 96 to allow and authorize the West Glens Falls Fire Company to connect to the above sewerage facilities to provide sanitary discharge to the City of Glens Falls Sewer System, and WHEREAS, by resolution no. 99,97, the Town Board of the Town of Queensbury amended resolution no. 188, 96 to allow and authorize Adirondack Coffee Service, Inc., to connect to the above sewerage facilities to provide sanitary discharge to the City of Glens Falls Sewer System, and WHEREAS, Christine Grisby Dashon, who lives at 114 Bluebird Road in Fort Edward, owns a house and property located at 3 Luzerne Road, Queensbury, bearing tax map no. 117-11-6, and WHEREAS, Ms. Dashon has a failed septic system and wishes to connect to the Berkshire- Queensbury, L.L.C., private sanitary sewer system, and WHEREAS, Berkshire and the City of Glens Falls have verbally agreed to permit such a connection providing that the Town Board of the Town of Queensbury approves such connection as set forth in the 10/3/97 memo from Mike Shaw accompanying this Resolution, and WHEREAS, the Town of Queensbury is willing to give its approval to the said hook-up and transmission of wastewater under conditions designated in an agreement between the Town, City of Glens Falls and Berkshire-Queensbury, L.L.C., and WHEREAS, Christine Dashon agrees that she will hook-up to a sewer district in the event that the Town of Queensbury establishes a sewer district which includes the property designated as tax map parcel 117-11-6, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Christine Dashon (tax map parcels 117-11-6) to hook-up to the sewerage facilities of the City of Glens Falls, subject to the formal approval of Berkshire and the City of Glens Falls, and BE IT FURTHER, RESOLVED, that the agreement for such hook-up be amended in a form to be approved by Town Counsel and executed by the Town Supervisor. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED, "MOBILE HOMES" TO AMEND, REVISE AND/OR ADD CERTAIN PROVISIONS THERETO RESOLUTION NO. 382, 97 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, draft Local Law No. _ of 1997 entitled, "A Local Law to Amend Chapter 113 of the Code of the Town of Queensbury Entitled, 'Mobile Homes,' to make a minor amendment concerning notification to the Zoning Board of Appeals Chairman and to amend the mobile home fees, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.rn., on the 20th day of October, 1997, to consider said Local Law No. of 1997 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _ of 1997 in the manner provided by law. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION ACCEPTING BIDS FOR THE ADDITION/ALTERATION PROJECT AT THE PINEVIEW CEMETERY COMMISSION OFFICE BUILDING RESOLUTION NO. 383, 97 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT WHEREAS, the Town Board of the Town of Queensbury previously authorized the addition/alteration project at the Pineview Cemetery Commission Building, including initial professional architectural services, and the project was duly advertised, and WHEREAS, bids were received for the construction and site work contract, electrical contract, plumbing contract, and HV AC contract, and WHEREAS, the Town of Queensbury Cemetery Superintendent has recommended that the bids be awarded to the low bidders for each contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby sets appropriations for the addition/alteration project at the Pineview Cemetery Commission Office Building at $111,330 and sets the estimated revenues as follows: 1997 Capital Project Appropriation $75,000 1997 Budget Transfers: 02 8810 2899 Misc. Capital Constr. (roads) 028810 4070-0011 Equipment Repair 0288204110 Vehicle Repair From Town Appropriations 5,500 1,000 1,000 82,500 Boychuck Savings Account Balance 4,525 Perpetual Care Fund Interest Earnings 24,275 (est) and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids for the additional/alteration project at the Pineview Cemetery Commission Building to the low bidders in each category as follows: 1. Construction and Site Work Contract to MOSS BROOK, INC. in the amount of $79,000; 2. Electrical Contract to BROWNELL ELECTRIC CORP. in the amount of $ 3,675; 3. Plumbing Contract to MONROE MECHANICAL, INC. in the amount of $6,730; 4. HV AC Contract to MONROE MECHANICAL, INC. in the amount of $6,985; and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Paul E. Cushing Associates, Architects, P.C. to perform the necessary further architectural services in the maximum approximate amount of $10,200, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Chairperson of the Town of Queensbury Cemetery Commission to execute any agreements that may be necessary for the construction project in form to be approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the necessary funds be transferred for the 1997 budget as follows: FROM: TO: AMOUNT: 028810 2899 108-8810-2899 5,500 Misc. Capital Constr. 02 8810 4070-0011 Equipment Repair 108-8810-2899 1,000 028810 4110 Vehicle Repair 108-8810-2899 1,000 and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JAMES HITCHCOCK ON 373 PINELLO ROAD, QUEENSBURY RESOLUTION NO. 384, 97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 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, James Hitchcock 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 373 Pinello Road, 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 20, 1997 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by James Hitchcock for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 373 Pinello Road, 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 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING LICENSE AGREEMENT AND WORK ON WELCHER PROPERTY ON SWEET ROAD RESOLUTION NO. 385, 97 INTRODUCED BY: MRS. CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town of Queensbury Highway Department has recently engaged in reconstruction and improvement of Sweet Road, and WHEREAS, such reconstruction and improvement resulted in raising of the road elevation in front of the Welcher property, and WHEREAS, the raising of the elevation caused certain impacts on the Welcher property relating to driveway steepness and stormwater runoff, and WHEREAS, Nace Engineering, P.C., consu1ting engineer on behalf of the Town, recommends certain further work on the Welcher property in order to restore access and runoff as closely as possible to the previously existing situation, as discussed in the Memorandum dated October 6, 1997, a copy of which is presented at this meeting and attached to this resolution, and WHEREAS, the recommendation of Nace Engineering, P.c. indicates its professional opinion that the recommended improvements are the minimum necessary to return the Welcher property to its previously existing situation, and WHEREAS, it is appropriate for the Town to enter onto the Welcher property to perform such improvements pursuant to an Access Agreement with the Welchers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute an appropriate Access Agreement in form approved by Town Counsel, authorizing the Town to enter on to the Welcher property with the express permission of the Welchers for the purpose of performing the work recommended by Nace Engineering, and BE IT FURTHER, RESOLVED, that the Town Highway Department is hereby authorized to perform such work or such work will be performed by an independent contractor on behalf of the Town. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Noted they should have an agreement that is acceptable to the Welcher family. SUPERVISOR CHAMPAGNE-Noted the agreement allows them to get on their property to do whatever work is necessary whether the work is done by the Highway Department or an outside contractor is yet to be determined. COUNCILMAN GOEDERT-Questioned if they are using the plans that they have received from Nace Engineering? SUPERVISOR CHAMPAGNE-Ninety five percent, noting there is a question now of cutting across the lawn and a question of going all the way up to the garage entry way rather than cutting back where the driveway slopes towards the road. MRS. WELCHER-Spoke to the board noting her concern for her property that the Town is going to make her property the way is was. Questioned if the Town will be following the plans or are they going to make an amendment? Noted her Attorney said yes, Mr. Nace said this is the way it should be done, they had a second opinion and they said this is the way it should be done. SUPERVISOR CHAMPAGNE-Noted legally speaking it has yet to be resolved if the Town can go up to the Welchers garage door. MRS. WELCHER-Feels if this is what Mr. Nace says and the Town has hired him then this is what should be done as written on the plan. Noted before she agrees to anything wants to know exactly what is going to happen. Feels her property has been devalued needs to be done before the winter. SUPERVISOR CHAMPAGNE-Has received information from Mr. Nace. Mr. Nace's opinion was that the turn around section is required because of the hazard of going up the incline. Supervisor Champagne noted it is his opinion that they should go all the way to the garage if the full board agrees to that has no problem following the plan. MRS. WELCHER-Questioned who would be doing the work? SUPERVISOR CHAMPAGNE-Doesn't know. Will have outside people look at it, will get prices. TOWN COUNSEL, MR. SCHACHNER-Noted if they are not sure the Town Highway Department will do the work recommended adding something to the final resolve. Add, or such work will be performed by an independent contractor on behalf of the Town. DISCUSSION HELD COUNCILMAN PULVER-Noted on the resolution for James Hitchcock when the applicant comes in make sure the description of the mobile home is filled out. PRESENTATION MARIL YN VAN DYKE, TOWN HISTORIAN Presentation made by Town Historian Marilyn Van Dyke. Presented to Supervisor Champagne and Town Board Members A Certificate of Appreciation Gratefully Given to the Town of Queensbury for Generous Support of and Assistance to New York State Historians from 1993-1997. OLD BUSINESS COUNCILMAN GOEDERT-Questioned the status regarding Queensbury Forest, questioned if the engineer report is concluded? SUPERVISOR CHAMPAGNE-Need to have time period extended. Has spoken with Fraser Engineering they have continued their work out there the report should be in sometime this week. NEW BUSINESS SUPERVISOR CHAMPAGNE-Spoke to the board regarding the request to change the name of Bay Breeze Hill to Grey Ledges Drive, noting board does not have a problem with it. Memo on file in Town Clerk's Office. Councilman Monahan noted her concern that everyone on the road should be consulted regarding the name change of the road. TOWN BOARD-Scheduled budget meeting dates for October 10th, 14th, 15th and the 21st. TOWN BOARD MEMBERS MATTERS COUNCILMAN GOEDERT-Two personnel issues for executive session. OPEN FORUM PLINEY TUCKER, QUEENSBURY-Spoke to the board regarding the resolution hiring O'Brien and Gere, questioned how much money is involved? SUPERVISOR CHAMP AGNE-Seventy-five hundred to do Map, Plan, and Report for Aviation Road Sewer. MR. TUCKER-Questioned if they have any local engineers qualified to do this work? SUPERVISOR CHAMP AGNE- They might have. Supervisor Champagne noted he has full confidence in O'Brien and Gere. COUNCILMAN MONAHAN-Noted the knowledge that O'Brien and Gere already has of the Water Plant these engineers that have been on board have prior knowledge that any new engineer would have to come up to speed with. MR. TUCKER-Spoke to the board regarding the Resolution Accepting Dedication of Parcel owned by Hudson Pointe, Inc. Questioned what this involves? EXECUTIVE DIRECTOR, MR. GORALSKI-There was a future road right -of-way delineated in the approval for Hudson Pointe that goes from the end of Kettles Way out through to Corinth Road where the commercial property was zoned. In the PUD Agreement it was agreed that the parcel would be turned over to the Town for future road if the Town deemed it necessary to build that future road. MR. TUCKER-Questioned who was awarded the job for the alternations/additions to the Cemetery? SUPERVISOR CHAMPAGNE-Construction and site work to Mossbrook Inc. Electrical Contract to Brownell Electric Corporation. Plumbing Contract to Monroe Mechanical. Heating Ventilation Contract to Monroe Mechanical. MR. TUCKER-Questioned the status regarding the cost overruns regarding Sweet Road? SUPERVISOR CHAMPAGNE-Noted they have spent time going back through the books trying to identify specifically those cost overruns. At this point there are still some outstanding bills, trying to bring them together. To meet with Highway Department, Board, Mr. Nace, and Controller to try to put together those specifics. MR. TUCKER-Questioned if there is a lease law in the Town, noted his concern regarding dogs in his yard. SUPERVISOR CHAMPAGNE-Yes. MR. TUCKER-Noted it should be advertised in the paper that the Town has the law on the books. SUPERVISOR CHAMPAGNE-Noted they could run a display ad, will check into this. MR. SALVADOR-Questioned if the Town would be hearing from other neighbors regarding access to their driveway regarding Sweet Road. COUNCILMAN GOEDERT-Noted she knows of one other complaint of where they pull out of their driveway because of the swale they hit bottom on their car. SUPERVISOR CHAMPAGNE-Noted they are taking care of it. MR. SALVADOR-Questioned the cost of repairing the driveway? SUPERVISOR CHAMPAGNE-Approximately four thousand dollars. MR. SALVADOR-Spoke to the board regarding the cost of sewer project in North Queensbury noting his concern that the previous cost estimates should be known, noted he will get the estimate. Questioned the status of Dunahams Bay Road. COUNCILMAN GOEDERT-Noted they haven't received anything from the engineer. SUPERVISOR CHAMPAGNE-To check into matter. MR. SALVADOR-Questioned if the paving schedule has been established? SUPERVISOR CHAMPAGNE-Noted they are ninety percent done with paving. MR. SALVADOR-Questioned if there will be extra cost concerning the Queensbury Forest Study? SUPERVISOR CHAMPAGNE-It's possible. LOU STONE, QUEENSBURY-Spoke to the board regarding his concern with the board for their reluctance to help the lake regarding the Cleverdale Clean Water/Clean Air Bond Act. COUNCILMAN GOEDERT-Noted her concern was with the way the resolution was written. SUPERVISOR CHAMPAGNE-Noted the board voted yes contingent on they are not voting the approval for funding for next year. RICH DALLEK, BAY ROAD-Spoke to the board regarding road improvements for Big Boom Road noting the intersection of Big Boom Road and Main Street the curve is dangerous in the winter. Noted his concern with Bay Road and the heavy flow of traffic recommended moving Meadowbrook Road north of Haviland Road. OPEN FORUM CLOSED 9: 15 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 386, 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 adjourns from Regular Session and moves into Executive Session to discuss three personnel matters. Duly adopted this 6th day of October, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr, Turner, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND MEETING RESOLUTION NO. 397,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 6th day of October, 1997, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None Absent:None No further action taken. On motion the meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury