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1998-05-18 REGULAR TOWN BOARD MEETING MAY 18,1998 7:10 P.M. RES #196-210 BOHRES #17-22 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH (entered meeting at 7:14 p.rn.) COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Henry Hess, Town Controller Executive Director of Community Development, Chris Round PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Supervisor Champagne called meeting to order.... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 196,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby enters as the Queensbury Board of Health for the Town of Queensbury. Duly adopted this 18th day of May, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Irish QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - CHARLES & LILLIAN ADAMSON NOTICE SHOWN 7:11 P.M. SUPERVISOR CHAMPAGNE-Is there anyone here, yes, Sir. MR. TOM NACE-For the record my name is Tom Nace of Nace Engineering representing the Adamson's requesting a variance from the property line set back which is for a septic field which is ten feet by standard we are asking for a seven foot variance in the front adjacent to the town road so that set back again be three feet instead of ten. SUPERVISOR CHAMPANGE-I do not have my plan here in front in me, Tom, is that border that is off the road, is that correct? MR. NACE-That is off the road, SUPERVISOR CHAMPAGNE-The distance is off the road. MR. NACE-That is the distance from the property line. The distance from the road is another it looks like seven maybe eight feet. COUNCILMAN TUCKER-Where is it at now? MR. NACE-It is approximately the same location but it is a smaller deal and a little closer to the house. It is an older field consisting of a pit and a couple leach lines sort of put in piece meal. It has not failed yet but they are adding another person to the household so even though they are very conservative water users they would like to update the system, to current standards. MR.NACE- Their water usage is infinitesimal. SUPERVISOR CHAMPANGE-I will never forget when he said the night we were talking about water usage in the North Queensbury Sewer Plan where he would always rather than just letting the cold water run until the warm water started flowing through that he would save that and use it to water his flowers. That always left an impression on me. Ok. You have heard the proposal anyone here this evening to speak against this proposal? Sure. MR. JOHN SALVADOR - I just have one question, reference was made to the boundary of road, is the road a deeded road? Do we know where that boundary is? SUPERVISOR CHAMPANGE-Why are you asking that? MR. SAL V ADORE-Well, you are setting back from a boundary line. COUNCILMAN TUCKER-He said the property line. SUPERVISOR CHAMPAGNE-Property line, we have to go by property line. MR. SALVADOR-So, the property line is coincident with the road boundary lines? COUNCILMAN TUCKER-No. SUPERVISOR CHAMPAGNE-No. You can see it here John it is seven or eight feet, the property line is seven or eight feet back away from the regular road. MR. SAL V ADOR- What is in between? No mans land? COUNCILMAN TURNER-No mans lands. If that is a road by use, that is where the boundary is. (showed the map) MR. SALVADOR-Who pays taxes on this? SUPERVISOR CHAMPAGNE-Probably nobody. I got the same problem over where I am building right now. The property line is what you go by. MR. SALV ADOR-I would assume from this that Mr. Naylor has jurisdiction over all of this right here? SUPERVISOR CHAMPAGNE-Yes, that is it, that is all. Okay. Any other questions? Anyone here to speak for or against this proposal? Any questions from the Board? Questions from the Board? Hearing none, close the hearing. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR CHARLES AND LILLIAN ADAMSON BOARD OF HEALTH RESOLUTION NO.: 17, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Charles and Lillian Adamson previously filed a request for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a ten feet (10') distance between the absorption field and the property line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on May 18th, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Charles and Lillian Adamson allowing the placement of the absorption field three feet (3 ') from the property line in lieu of the required ten feet (10') distance on property situated at Lake Parkway - Assembly Point, Town of Queensbury, New York, and bearing Tax Map No.: 9-1-10. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR MRS. MARY TRELLO BOARD OF HEALTH RESOLUTION NO.: 18,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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, Mrs. Mary Trello has 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 Tables 5 & 6, such application requesting that there be 300 square feet of absorptive area rather than the required 600 square feet, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 1st, 1998, 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 the variance of Mrs. Mary Trello to provide 300 square feet of absorptive area rather than providing the mandated 600 square feet on property situated at 1353 Assembly Point Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 7, Block 1, Lot 22, 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 18th day of May, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None COUNCILMAN MERRILL-I do have some questions on this application, I would like to arrange to inspect the site before we have a public hearing. RESOLUTION DETERMINING THAT PROPERTY OWNED BY GERTRUDE SMITH (TAX MAP NO.: 117-2-37) IS A HEALTH HAZARD BOARD OF HEALTH RESOLUTION NO.: 19, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, David Hatin, Director of Building & Codes Enforcement for the Town of Queensbury, has advised the Local Board of Health for the Town of Queensbury that he has received complaints from neighbors concerning garbage and other debris on property owned by Gertrude Smith and located at 23 Alta Avenue, Queensbury (Tax Map No.: 117-2-37), as more specifically set forth in Mr. Hatin's letter to Ms. Smith dated April 1st, 1998, and WHEREAS, Dr. Robert L. Evans, the Town Health Officer, has investigated and inspected the property and has advised the Town that in his opinion the property is a health hazard and a nuisance to the neighborhood, with refuse, partially demolished buildings and debris scattered throughout the property, easily accessible to children, the general public and animals, and is unsafe to the general public, and therefore has strongly recommended that the property be cleaned up, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property bearing Tax Map No.: 117-2-37 appears to be: I.A potential object of attraction to rodents and animals; 2.A nuisance, health hazard, unsafe and dangerous and therefore the refuse, partially demolished buildings and debris should be removed and the property cleaned up; and and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing concerning the nuisance and/or unsafe condition of the property owned by Gertrude Smith on June 1st, 1998, at 7:00 p.rn., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the contents, service and filing of the Notice of Hearing shall be in accordance with the provisions of the New York Public Health Law. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT None COUNCILMAN TURNER-Noted he had driven by the site and it appears that they have started to clean it up. COUNCILMAN IRISH-Questioned if there has been any correspondence from the owners? SUPERVISOR CHAMPAGNE-Not to my knowledge. RESOLUTION DETERMINING THAT PROPERTY OWNED BY GLYNN AND RUTH HARRINGTON (TAX MAP NO.: 119-4-20) IS A HEALTH HAZARD BOARD OF HEALTH RESOLUTION NO. : 20, 1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, David Hatin, Director of Building & Codes Enforcement of the Town of Queensbury, has advised the Local Board of Health for the Town of Queensbury that he has received complaints from neighbors concerning garbage and other debris on property owned by Glynn and Ruth Harrington and located at 30 Wintergreen Road, Queensbury (Tax Map No.: 119-4-20), and WHEREAS, Mr. Hatin has further advised that Glynn and Ruth Harrington are both deceased and their daughter, Pamela Harrington, is now occupying the residence, and WHEREAS, Dr. Robert L. Evans, the Town Health Officer, has investigated and inspected the property and has advised the Town that in his opinion the property is a health hazard and a nuisance to the neighborhood, with garbage and debris scattered throughout the property and easily accessible to children, the general public and animals, and is unsafe to the general public and therefore has strongly recommended that the property be cleaned up, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property bearing Tax Map No.: 119-4-20 appears to be: LA potential object of attraction to rodents and animals; and 2.A nuisance, health hazard, unsafe and dangerous and therefore the garbage and debris should be removed and the property cleaned up; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing concerning the nuisance and/or unsafe condition of the property on June 1st, 1998, at 7:00 p.m., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the contents, service and filing of the Notice of Hearing shall be in accordance with the provisions of the New York Public Health Law. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION DETERMINING THAT PROPERTY OWNED BY MATTHEW AND SHANNON CARPENTER (TAX MAP NO.: 47-4-5) IS A HEALTH HAZARD BOARD OF HEALTH RESOLUTION NO. : 21, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, David Hatin, Director of Building & Codes Enforcement for the Town of Queensbury, has advised the Local Board of Health for the Town of Queensbury that he has received complaints from neighbors concerning garbage and other debris on property owned by Matthew and Shannon Carpenter and located at 15 Country Colony Drive, Queensbury (Tax Map No.: 47-4-5), as more specifically set forth in a Queensbury Building and Codes Department Inspector's Report dated May 4th, 1998, and WHEREAS, Dr. Robert L. Evans, the Town Health Officer, has investigated and inspected the property and has advised the Town that in his opinion the property is a health hazard and a nuisance to the neighborhood, with garbage and debris scattered throughout the property and easily accessible to children, the general public and animals, and is unsafe to the general public and therefore has strongly recommended that the property be cleaned up, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property bearing Tax Map No.: 47-4-5 appears to be: LA potential object of attraction to rodents and animals; and 2.A nuisance, health hazard, unsafe and dangerous and therefore the garbage and debris should be removed and the property cleaned up; and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing concerning the nuisance and/or unsafe condition of the property owned by Matthew and Shannon Carpenter on June 1st, 1998, at 7:00 p.m., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the contents, service and filing of the Notice of Hearing shall be in accordance with the provisions of the New York Public Health Law. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 22.98 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Queensbury Board of Health is hereby adjourned. Duly adopted this 18th day of May, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None 2.0 PUBLIC HEARING 2.1 PUBLIC HEARING TRANSIENT MERCHANT MARKET - DEXTER SHOES NOTICE SHOWN 7:24 p.m. SUPERVISOR CHAMPAGNE-We will open the Public Hearing on a Transient Merchant Market Dexter Shoes Anyone here to speak for or against, with or without? Public Hearing Dexter Shoes, Chris, tell us a little bit about what their plans are up there, just for the record. EXECUTIVE DIRECTOR CHRIS ROUND-The same proposal you have seen the last several years in regards to Americade, they are going to propose sale or service of merchandise on the properties same as they have done in previous years. It also goes through site plan review process, it is something that we are looking at modifying it I have heard some suggestions from Town Board Members that maybe once we have gone through site plan approval and go through this public hearing process. If the Town Board ever could have an annual renewable license if there were no major changes to the project, basically they are proposing the same thing. SUPERVISOR CHAMPAGNE-Ok. Anyone else? Questions from the Board? Close the public hearing. RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES (TERRY HEINZ) FOR DISPLAY AREA FOR 3-WHEEL CONVERSIONS FOR MOTORCYCLES FROM JUNE 1ST THROUGH JUNE 6TH, 1998 RESOLUTION NO.: 197,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Terry Heinz, on behalf of Dexter Shoes, has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license for a display area for 3-wheel conversions for motorcycles at 1499 State Route 9, Queensbury from June 1st through June 6th, 1998, in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, on May 19th, 1998, the Town of Queensbury Planning Board will review Mr. Heinz's application for recommendation and site plan approval, and WHEREAS, on or about May 13th, 1998, the Warren County Planning Board recommended approval of the proposal, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and a public hearing was duly held by the Town Board of the Town of Queensbury in connection with the license application on May 18th, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in ~160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant and/or Transient Merchant Market license to Dexter Shoes (Terry Heinz) for a display area for 3-wheel conversions for motorcycles at 1499 State Route 9, Queensbury, subject to the following: 1. Queensbury; Mr. Heinz must pay all fees as required by Chapter 160 of the Code of the Town of 2. Mr. Heinz must submit a bond in the amount of $10,000 as required by Chapter 160 of the Code of the Town of Queensbury; 3. Mr. Heinz must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 1st through June 6th, 1998, and the license shall expire immediately thereafter; 5. This approval is conditioned upon Mr. Heinz obtaining favorable site plan recommendation from the Town of Queensbury Planning Board at its meeting on May 19th, 1998 and compliance with any conditions of such recommendation; 6. The Transient Merchant License shall not be assignable; and 7. Mr. Heinz must comply with all of the regulations specified in ~ 160-8 of the Code of the Town of Queensbury. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None 3.0 CORRESPONDENCE Ltr. Dear Mr. Naylor, Just a note of appreciation for the wonderful job your crew did in Dixon Heights! The edges of our property have never looked so good! We really are delighted with what you people have done and will make every effort to maintain it. My lot especially is much improved! Please thank your crew! Carol Thompson SUPERVISOR CHAMPAGNE-I would just like to add to that I have tried to follow the work that was being done up there and I think from the day that I came into office Dixon Heights has been a real serious problem and not only have we heard from the individuals there but certainly from the Association Executive Committee, it was a major undertaking. I too would want to compliment Paul Naylor and the work that he and his crew did there. We uncovered a man hole probably close to two and a half feet under top soil, graded over, covered over with a metal piece of material and the lawns were coming down intersecting with the road at a sleight angle which meant that everything coming off the top of the hill just drained right down into those houses that were at the lowest point and there was some serious problems. Water to the extent actually flowing inside some of the homes. It was a major project, I am glad it is behind us, it looks nice and it went very, very well. 4.0 TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN IRISH-CounciIman Tucker and myself met with the Recreation Director Mr. Hansen and Sharron Simmonds, Jim Miller and Tim Barber with respect to the Hudson River Park. We discussed whether to have Nutech finish the park or not. Mr. Barber would like a meeting in Executive Session with regard to the contract. Meeting scheduled on May 20th, 1998 at 2:30 P.M. It was requested that Harry Hansen and Jim Miller be present. COUNCILMAN TUCKER-Street lights proposed from Big Boom Road, submitted prices to the Board...4 lights two eleven and change a piece per year. . . COUNCILMAN TURNER -Cemetery Commission ... May 6th meeting. . . buy back of lot from Mary Renaud, a resolution before the board tonight. . . there will be some new rules as to ornamentation in the cemetery and signs posted as soon as the commission makes their final decision in June. 5.0 OPEN FORUM ON RESOLUTIONS NO ONE SPOKE 6.0 RESOLUTIONS RESOLUTION APPOINTING CHERIE SHARKEY AS SCHOOL TRAFFIC OFFICER (CROSSING GUARD) RESOLUTION NO. 198,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Cherie Sharkey to the vacant position of School Traffic Officer (Crossing Guard) until Rebecca Robertson is able to return to the position in September, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Cherie Sharkey as School Traffic Officer (Crossing Guard), effective May 19th, 1998, at the current rate of pay for the School Traffic Officer (Crossing Guard) position, such salary to be paid from the appropriate Town of Queensbury Payroll Account, and such appointment to terminate in June 1998 on the last day of the 1997-1998 school year. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION ENGAGING GENERAL ENGINEERING SERVICES OF NACE ENGINEERING, P.C. RESOLUTION NO.: 199,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a professional engineering firm to provide general engineering services to the Town and be available to assist the Town Board and various Town Departments with miscellaneous projects on an "as needed" basis, and WHEREAS, Nace Engineering P.c., in their letter dated April 27th, 1998 has offered to provide the desired general engineering services, at a cost of $65 per hour for engineering time, $36 per hour for drafting time, and reimbursable expenses to be billed at cost, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Nace Engineering, P.c. to provide the general engineering services described above for the fees delineated in their letter dated April 27th, 1998 presented at this meeting, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the fee for engineering services shall not exceed the total amount of $1,500 without further Town Board approval, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION RETAINING SERVICES OF BAUER APPRAISAL GROUP, INC. TO APPRAISE PORTION OF BANK STREET ADJACENT TO NORTHWAY PLAZA RESOLUTION NO. 200, 98 INTRODUCED BY Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to have a portion of Bank Street located adjacent to the Northway Plaza appraised, as the parcel is proposed for abandonment as part of a land development proposal previously approved by the Queensbury Planning Board, and WHEREAS, Howard Carr, Manager of Queensbury Plaza, by letter dated March 3rd, 1998 from the law firm of Lemery & Reid, P.c., has confirmed that he will reimburse the Town of Queensbury for the cost of the appraisal, and WHEREAS, Bauer Appraisal Group, Inc., as offered to appraise the parcel for an amount not to exceed $500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Bauer Appraisal Group, Inc., to appraise the parcel of land referenced above at a cost not to exceed $ 500, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that it is the Town Board's understanding that Howard Carr, Manager of Queensbury Plaza, will reimburse the Town of Queensbury for the appraisal services. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Executive Director Round-Noted Mr. Carr received approval last June for a forty thousand square foot expansion a free standing retail unit at Queensbury Plaza and as part of the approval he is requiring a forty by fifty piece ofland of the Bank Street property. Bank street dead ends onto Northway Plaza property the right of way does and it hammer head cui de sac it is a portion of a paper street right there that he wants to occupy, he will pay for the appraisal services. The Town is hiring an appraisal firm $500. to come up with the cost of that property. Once we come up with a cost then you would be able to negotiate a purchase price. The Water and Highway Departments both look at it and they have no reservations but we will run it by them again prior to you entering into a contract. RESOLUTION APPROVING THE REPURCHASE OF CEMETERY LOT RESOLUTION NO.: 201,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, cemetery lot #48, a two (2) grave lot in Section Mohawk of the Pine View Cemetery, was previously sold to Mary F. Renaud, c/o Regan & Denny Funeral Home, and WHEREAS, Mrs. Renaud has indicated that she would like to sell the cemetery lot back to the Cemetery Commission if agreed upon by the Town Board of the Town of Queensbury, and the Cemetery Commission has requested approval for repurchase from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it has no objection and approves of the repurchase of the two (2) grave lot by the Cemetery Commission and hereby further authorizes the Town Supervisor to arrange for the refund of $267.00, the amount of money paid, and make such entries and adjustments to the books and records of the Town of Queensbury as may be necessary or appropriate. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SUMMER INTERNSHIP PROGRAM FOR COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 202,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, Christopher Round, Executive Director of Community Development, recently advertised for a GIS/computer services summer intern position for the Community Development Department, and WHEREAS, Nathan Brimmer, a college student studying computer engineering at the Rochester Institute of Technology submitted his resume and application for the internship and Mr. Round has recommended that the Town Board approve Mr. Brimmer as the summer intern for his Department, and WHEREAS, Mr. Round has proposed that the Town pay Mr. Brimmer the amount of $12 per hour for a 40 hour work week for the 13 week internship period, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes Nathan Brimmer to work as a summer intern in the Community Development Department for an amount of $12 per hour for a 40 hour work week, for 13 weeks, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Christopher Round to make any necessary arrangements and sign any necessary documents to effectuate the terms of this Resolution. Duly adopted this 18th day of May, 1998 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Requested that Chris explain why we are paying the intern... Executive Director Round-Noted he had posted an advertisement at RPI and SUNY Albany, we had two applicants, Mr. Brimmer is a Jr. in the Computer Eng. Program and a local individual from Glens Falls... it is an extremely competitive market right now... RESOLUTION ENGAGING GENERAL SURVEYING SERVICES OF VAN DUSEN AND STEVES, LAND SURVEYORS RESOLUTION NO.: 203,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a professional surveying firm to provide general surveying services to the Town and be available to assist the Town Board and various Town Departments with miscellaneous projects on an "as needed" basis, and WHEREAS, VanDusen and Steves, Land Surveyors, has offered to provide the desired general surveying services, at the rate of $85 per hour for a two man crew for field time and the rate of $50 per hour for office time, with reimbursable expenses to be billed at cost, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of VanDusen and Steves, Land Surveyors, to provide the general surveying services described above to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the fee for the surveying services shall not exceed a total amount of $1,500 per year without further Town Board approval, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 1998 A LOCAL LAW OF THE TOWN OF QUEENSBURY REGULATING THE CONDUCT OF ADULT USES AND ADULT ENTERTAINMENT USES RESOLUTION NO. 204. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _ of 1998 "A Local Law of the Town of Queensbury Prohibiting the Conduct of Adult Uses and Adult Entertainment Uses," which Law shall regulate the conduct of 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, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law and Article 16 of the Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on the 1st day of June, 1998, to consider said Local Law No. _ of 1998 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 proposed Local Law No. _ of 1998 in the manner provided by law. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING CHANGES IN CERTAIN EMPLOYEES' GROUP HEALTH INSURANCE COST -SHARING FORMULA RESOLUTION NO.: 205,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, at the present time, all employees of the Town contribute 9% of the premiums for basic health insurance and prescription drug coverage provided under the Empire Blue Cross Blue Shield Matrix plan, the Community Health Plan HMO plan or the Blue Choice HMO plan, and WHEREAS, the cost of dental insurance is shared according to a different formula, and WHEREAS, the Town wishes to suspend the contribution toward basic health insurance and prescription drug coverage made by all management and non-union employees enrolled in either the Community Health Plan HMO plan or the Blue Choice HMO plan beginning July 1st, 1998, and WHEREAS, the changes described above would not affect (a) union employees, (b) employees enrolled in the Matrix health insurance plan, (c) retirees, or (d) the cost-sharing formula for dental coverage, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall indefinitely suspend its requirement that all management and non-union employees shall contribute 9% toward the cost of basic health insurance and prescription drug coverage if such employees are enrolled in either the Community Health Plan HMO plan or the Blue Choice HMO plan, and BE IT FURTHER, RESOLVED, that the requirement for such 9% contribution shall continue for management and non-union employees who are enrolled in the Empire Blue Cross Blue Shield Matrix plan and for the Town's union employees and Town's retirees, and BE IT FURTHER, RESOLVED, that the Town Controller's Office is hereby authorized and directed to take all steps necessary to implement the above Resolutions. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None DISCUSSION HELD BEFORE VOTE: CONTROLLER HESS-The town has been looking for a way to try to contain Health Insurance costs for its employees without necessarily impacting the offerings that they have to choose from. Many of our employees have the higher cost plan, Empire Matrix Plan which the Town shares the cost at 91% and the employee 9% we also have two HMO's which are a lot less expensive serves the needs of many of the employees very well which the town pays 91 % and the employees pay 9% . The town is proposing that the town waive the 9% contribution by non union and management employees toward the HMO's as an incentive for the employees to consider switching to that cover, it would save the Town funds and also the employees. RESOLUTION REAFFIRMING TOWN'S HEALTH INSURANCE ANNIVERSARY DATE RESOLUTION NO.: 206,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby affirms the Town's health insurance anniversary date as January 1st, and BE IT FURTHER RESOLVED, that a mid-year open-enrollment period on July 1st is hereby established, and BE IT FURTHER RESOLVED, that the Town Controller's Office is hereby authorized and directed to take all steps necessary to implement the above Resolutions. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: CONTROLLER HESS-The purpose of this is to re-affirm the January 1st. original anniversary date, and sets up a second enrollment date.. RESOLUTION AUTHORIZING PAYMENTS FOR BANDS FOR QUEENSBURY MEMORIAL DAY PARADE RESOLUTION NO.: 207,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury sponsors an annual Memorial Day Parade, to be held this year on Monday, May 25th at 6:00 p.rn., and WHEREAS, three bands are scheduled to perform at the Parade, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payments up to the following amounts for the following bands: 1. Capital Brass Band - $900 2.Sons & Daughters of Liberty Band - $285 3.Adirondack Pipes and Drums - $500 and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or Town Controller are hereby authorized to make payments to these bands from the appropriate account. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT None ABSTAIN Mr. Merrill 7.0 PLANNED DISCUSSIONS 7.1 OLD BUSINESS A. WEST GLENS FALLS EMS LIFE PACKS (PULLED) B. VEHICLE-QSBY. CENTRAL CHIEF SUPERVISOR CHAMPAGNE-The fire company would take funds not from the vehicle fund but from the internal operational fund including maintenance, some savings in fuel and it appeared to be around sixteen more payments of $300 per month on the lease.. BOB WESCOTT-Noted that the lease runs out in April. Held discussion until the treasurer can be present.. . approximately at 8:30 P.M. 7.2 NEW BUSINESS COUNCILMAN TURNER-We have a letter from the constituents from Ward II relative to the church on Montray Road going in, ... it states that this has been a long established single family zone and a school, church or cemetery would be inappropriate for a quiet residential neighborhood. Therefore the committee wants the zoning code modified to reflect the current change, they want the delineation of church out of that zone. TOWN COUNSEL SCHACHNER-It is pretty difficult to flat out prohibit it certain special uses in New York State and those include educational uses, school and various types and religious uses, churchs and places of worship. It is not to say that we cannot regulate them and the current zoning ordinance does that by not allowing these uses as of right but by indicating that they are subject to site plan review. That means that the Planning Board has authority to review proposed uses such as this and at the very least to impose appropriate conditions on conducting these uses if necessary and if there is overwhelming evidence of detrimental impact on public health safety or welfare the Planning Board even has the authority to deny the site plan approval. It is pretty difficult to prohibit through zoning these types of zoning in New York State. SUPERVISOR CHAMPAGNE-I would have to subscribe to that, to be very honest with you having talked to Mark and also following up on some of the other regulations at this point in time for the Town Board to get involved in eliminating a allowed use of churches and schools in an established neighborhood in SFR one acre I think is dangerous. COUNCILMAN TUCKER-It would not change the situation that is in place up there right now anyway. SUPERVISOR CHAMPAGNE-The application is in. COUNCILMAN TUCKER-You could not change that at all could you? TOWN COUNSEL SCHACHNER-Somebody is not just grandfathered merely by virtue of having submitted an application if that is what you are asking. COUNCILMAN IRISH-I do not believe that they have submitted an application at this point. EXECUTIVE DIRECTOR ROUND-There is no application. COUNCILMAN TURNER-There is no application, they have been before the Planning Board and discussion was over the cutting of the trees. COUNCILMAN TUCKER-That was entirely volunteer, they didn't have to come to do that. COUNCILMAN TURNER-But their resolve is to put the church there and the neighbors obviously have objected very strongly to it, there was quite a turn out at that meeting and it took some two hours and a half. COUNCILMAN MERRILL-Mark, if we did exclude churches from SFR zone where would churches be allowed or would they be excluded? TOWN COUNSEL SCHACHNER-That is not a legal question I have not the slightest idea it is up to you, you are the Town Board it is up to you. COUNCILMAN IRISH-Can you make them a special use... TOWN COUNSEL SCHACHNER-You can certainly make them a special use, I am not saying you certainly do, you currently do not allow them as a right and there is absolutely no New York State law or cases that you need to allow them as of right in fact there is a bunch of cases that say a special use permit happens to a particularly good vehicle for this type of thing. Our Zoning Ordinance to the best of my recollection doesn't have any special use permit provisions but to be honest our site plan review provisions are pretty thorough and pretty detailed and they are not that different than a special use permit. That is what is currently allowed as far as I can recall, Chris correct me if I am wrong, there is no place that these uses are allowed as of right with no site plan review I do not believe. EXECUTIVE DIRECTOR ROUND-They are all site plan review uses and I have not looked at the complete Zoning Ordinance but they are allowed in the URI0, MR5, SR zone, most of the residential zones it is identified as compatible use, also needs site plan review. TOWN COUNSEL SCHACHNER-That is a very standard, very lawful manner of regulating these things. COUNCILMAN TURNER-The major issues at this location is traffic, noise, and density, the proposed tremendous use of the property. COUNCILMAN TUCKER-Those could all be looked at under site plan, right? COUNCILMAN TURNER-They would come under site plan review, and alternating the character of the neighborhood is the other strong one. That is a permitted use under the ordinance but not an allowed use. You have to go to site plan review and if they identify some real criteria that is detrimental to the neighborhood they do not have to approve it. EXECUTIVE DIRECTOR ROUND-That is correct the Planning Board has since I have been here has denied a particular use. There is an established set of criteria that meets that the Board is obligated to review as Mark has indicated. COUNCILMAN TURNER-There are some residents here from the area. MR. JAY MAYER-MONTRAY ROAD-We have hired as an organization or group of property owners in the area an Attorney, and our Attorney has represented other situations of similar type cases where they have changed the zoning for just one particular area. Not taking the whole SFRl and changing that throughout the Town. COUNCILMAN IRISH-That would be spot zoning wouldn't it? MR. MA YER-I do not know. I am not a lawyer. TOWN COUNSEL SCHACHNER-It certainly could be but I think a more substantial concern perhaps and by the way their counsel has spoken with me, I feel that his questions, Fred directed me too so I did that. The only, I am not sure but the only example that I am aware of that the gentleman may be referring to involved the use that was neither an educational nor a religious use, it was a use that was not what I would call a favored use under New York State Law. Generically the statement is true, generically you can change zoning ordinances to delete certain uses and especially if they are allow elsewhere in the municipality as the gentlemen has indicated it would be, that is generally ok. But, we are not talking generally here we are talking about educational and or religious uses. Those types of uses are different type of classification under New York State case law and planning use and zoning law. Now, maybe the gentlemen is referencing an educational use or religious use case that I am not aware of but the only one that I am aware of was a use that is quite a far leap from those things that would actually, their Attorney was involved in a case involving an asphalt plant. An asphalt plant typically does not achieve what I will call favored status as you might imagine. MR. MAYER-But it was a zoning change after the fact and for a particular one spot area. TOWN COUNSEL SCHACHNER-When you say after the fact not after it was in place but after the application I believe that is correct. I can tell you a dozen other examples that did that but none of them are involving educational or religious uses. MR. MAYER-And I think that is what we are kind of like looking for as you know as a group of people in that neighborhood basically that neighborhood not the whole town or not a change in the whole town situation. COUNCILMAN IRISH-That is the part that I would think would be I can understand if it was the entire town SFRlO that use was excluded, but the way I understand it they are only concern with, and that would be spot zoning wouldn't it? If you were only excluding it from that neighborhood? TOWN COUNSEL SCHACHNER-You are getting pretty dangerously close to that, there is not bright line, black, white dividing line as to what is or isn't stop zoning and courts review those things on a case by case basis. But, I think your concern is very well placed. SUPERVISOR CHAMPAGNE-Anyone else here to speak on that? MR. BOB RUGGLES- Wincrest Drive-First of all we do not have anybody here tonight because we kind of discouraged people from coming because we did not know this was would be on the agenda, it wasn't on the agenda but we did not know if it was going to be discussed or not so there are only four or five of us here, six maybe. This is going to be a very, very serious negative impact on our neighborhood I would believe which should have some consideration as far as the Town Board is concerned. I feel, we're going to have a horrendous traffic pattern. I don't know if anybody is familiar that much with our area up there but there's areas that you know of and cross streets that are a problem right now with very few cars. Corners of, like Kendrick Road and Montray Road, ecetera and getting out onto Route 9 which, when the church is out if they go in there, they're going to be several, probably several hundred cars eventually trying to get out of there at one time with three services and they won't get out to Route 9 so they're going to go down Wincrest Drive. This is all old hat probably but it's a very, very serious thing as far as where all the neighbors are concerned and we're very, very well united and we're all affected by this. I'm affected personally of course as of several people on Wincrest Drive that we're going to be looking at a parking lot, a lighted parking lot which is a vast change, a tremendous change to what we've been used to. But it's a quiet neighborhood, there are not that many cars and so many people have said that they've come up here because of the quiet neighborhood. As I said, we're going to be looking at a lighted parking lot and cars are going to pull in and park and they're going to be shining into my back door and one of the big things is the lower, I'm sure it's going to lower valuation of all of our properties. It's something, we're hoping that this could be changed, this phrase be removed from the zoning ordinance concerning churches, schools and cemeteries. I don't know how it got in there in the beginning in a residential area like that. One that's been there for so many years and is all built up, I don't think there's hardly any lots left that I know of in Twicwood, Wincrest, Orchard Park, ecetera, it's all been built up. So I was hoping we could find some way to get rid of this. I'll be very frank, I have an appointment tomorrow at one-thirty with the Pastor of the church and it was kind of a mutual agreement on sitting down and talking. So, we'll see what develops from that. Anything you can do, we'd love it. Thank you. SUPERVISOR CHAMPAGNE-Anyone else? Okay, anything from the board? COUNCILMAN TURNER-Well, I've got to tell you, that's about a six acre site and Montray Road probably at the most is twenty foot wide. There's a hundred and forty parishioners right now, they're looking at seven hundred and fifty down the road and that's going to have a real negative impact on the neighborhood and on the value of the property that's up there. That is a single family residential zone. COUNCILMAN TUCKER-Under the present circumstances, doesn't our system, the Planning Board will be taking that all into COUNCILMAN TURNER-They will once the application is submitted but it's not submitted yet. COUNCILMAN TUCKER-Yea but they'll be taking that all into consideration. COUNCILMAN IRISH-But they can't do anything there. COUNCILMAN TURNER-No, they can't do nothing until it comes to site plan review, no. COUNCILMAN IRISH-Now, what about the, there's nothing in the site plan that says they can't, they sat up here the night they came in front and said they could clear cut the lot if they so desired, is that true? COUNCILMAN TURNER-No, they can't. COUNCILMAN IRISH-Can they clear cut that lot? COUNCILMAN TURNER-I think Chris has sent them a letter. EXECUTIVE DIRECTOR ROUND-Yea, we have identified that the clearing activities associated with the development proposal and under SEQRA, you can't initiate, you can't segment any portion of the work. So, they have to, as soon as they commence the action, we'd have to make a determination. So I did send them a letter, they received it and to the best of my knowledge they don't propose to proceed with any cutting or clearing other then some limb work around their existing residence. COUNCILMAN IRISH-Okay. COUNCILMAN TURNER-There's a residence on the property that the church bought also that was part of that. COUNCILMAN TUCKER-Our present system recognizes their concerns, correct? COUNCILMAN TURNER-Yea, they should. COUNCILMAN TUCKER-When the Planning Board meets on it, guys, fill this room with your people. Don't tell them to stay home, fill the room. COUNCILMAN TURNER-But I guess the other, Pliney the other side of the coin is that they don't want to be faced maybe with going down the road and looking at maybe a decision that doesn't favor thern. So, maybe they would like that stricken from that one particular zone. I think that's where they're coming from. DAN SCHERMERHORN-My name is Dan Schermerhorn, I live at 96 Montray Road right next to the lot in question. I just wanted to add to your comment that we don't want to be faced, if this site plan application were to go through and be approved or disapproved, then we don't have to face the same routine down the road if another church proposed to build on the same lot. That's another reason why we're asking for the zone change. COUNCILMAN TUCKER-Well me personally, I'd feel comfortable after, if this got turned down, doing something like this. We'd have to look at the question of spot zoning. SUPERVISOR CHAMPAGNE-Where would you put churches in the town? Where would you identify to place a church or a school. COUNCILMAN TUCKER-Yea, right. COUNCILMAN IRISH-I think it would come back to, Dick recommended a professional cultural zone that we don't presently have, maybe that could be included in that. COUNCILMAN TUCKER-Yea but where? COUNCILMAN IRISH-WeIl, I mean you'd have to, it would have to be some type of buffer zone. COUNCILMAN TURNER-I think the real problem here is going to be the intense use of the property, the intense traffic that's going to be created by the church and there's going to be other concerns. The value of the property is a major concern. COUNCILMAN TUCKER-Well if it goes there, yea but it's up to the Planning Board to take a look at it. COUNCILMAN TURNER-There's a gentleman in the back. SUPERVISOR CHAMPAGNE-Yes sir. CHARLES T ALL-Thank you, I'm Charles Tall, I live on 4 Apple Lane. Some of the information we've received is to the extent that they intend to have a church capable of seating as many as seven hundred and fifty people. COUNCILMAN TURNER-That's correct. MR. TALL-Now earlier, a single family residential one acre where you typically have six people per acre. That would be about a hundred people per acre and concentrated at certain times and of course in along the property. I think it would be extremely heavy impact on us. I looked for eighteen months to find, I'm here now, after having lived here for ten years and been away for eight years, I came back up and I spent all my vacations and found this. I looked in Washington, Saratoga and Warren County and I found this place and I bought it for us to get our last years in up here right where we are and the way we are. This whole thing, I just didn't consider that someone would want to come in with large church school, large congregation, large parking lot, lighted, work at night type of operation which is literally in my back yard. I mean just like in that parking lot. Thank you. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? BETTY MONAHAN-Betty Monahan, Sunnyside. Listening to these people here and knowing your SFR zone is the most restricted zone and ... zone in this town, I think they've raised some legitimate concerns but I would not look at one just SFR zone because I think you've got a problem with spot zoning but I think you may want to look at that zone allover town. DENNIS BROWER-I grew up in that neighborhood and I can tell you this a tremendous proposed change to the whole atmosphere of the area. The proposed development of that parcel which has been pretty much undeveloped for years and years only occurred as a result of the death of a hermit type of gentleman whose name was Mr. Clifford Hartman who lived there all my life, that I grew up there and I'm sure my neighbors, former neighbors were absolutely shocked as I was to learn that a large church was proposed for that facility with a very large paved parking lot. Right behind one of the nicer residential developments in the whole area. I mean it goes right up Wincrest Drive right to the apple orchard and it's a beautiful area, one of the nice areas in Queensbury and I really believe it will impact the neighborhood in a detrimental fashion from everything I've listened to. The Reverend has some immense plans and I did some research, they are currently on Staple Street in Glens Falls and they applied for an increase to their parking capabilities down there and the neighbors turned out rather strongly and as a result, the Planning Board or the Zoning Board or whatever group they went before, I think it was the Planning Board of the City denied the increase in parking use and they've been there for forty years I think. Personally, I know a lady who lives across from the church currently. She has moved to Queensbury, she has her house up for sale there and she said it's primarily because of the noise and all of the bologna that went on with that church because it's not a typical church. They have services every single night from like seven until whenever and it's not like seven until eight. It's seven until eleven, seven until twelve. It's a very unusual church by church standards. Now, that's coming from her mouth, Dave Herrigan's mouth and other neighbors that live near that current church facility. So I think if, I don't know as my neighbors would like any church in that spot but this particular church as Daria put it, they have guitars, drums is their type of music. I mean, it's not your normal organ, organ music, it's quite loud and she said it was quite disturbing and this would go on all week as well as on Sundays. So, for my neighbors, former neighbors, my Mom still lives in the neighborhood, I just believe that this could have a real detrimental affect on that neighborhood and frankly any other neighborhood of that type in Queensbury. I often thought when I first found out that it was approved, an allowed use in a residential zone that possibility that was a mistake, maybe it should be a commercial zone and then I said, wait a minute, no they wouldn't allow a church in a commercial zone because they don't pay taxes. So that's why it's not in a commercial zone. COUNCILMAN IRISH-Good point, Dennis. MR. BROWER-Because a good spot in that neighborhood where the pastor could actually walk or ride his bike would be JeRay's Restaurant which is right on Route 9 and that's commercial zone. However, I'm sure the Town Board doesn't want to see a church in a commercial zone which could be SUPERVISOR CHAMPAGNE-I think the price of property goes up too. I don't think the concern, at least it wouldn't be on my part, a church in a commercial zone in terms of sales tax or for whatever, I don't think it has a real impact. If it fits, it should be there but I think that the price of property might MR. BROWER-Yea, I don't know what the price of that property is right now. But in any case, I felt I should voice my concerns on behalf of my neighbors and it's in your hands. SUPERVISOR CHAMPAGNE-Thank you. It's in the hands of the Planning Board. MR. TURNER-Just to back Dennis up, the night that they were here discussing cutting of the trees, the cutting of those trees was kind of a way to get at some of the other issues but the one issue that did come up, in fact the Pastor of the church indicated that they use that church every night of the week but one night as Dennis eluded to and those hours are late. So you can see the impact that this is going to have on that neighborhood. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN TURNER-But I would, before you get started, I would like to move that we schedule a public hearing and that we consider rezoning the property, delineating the church out of that particular area due to the issues that have been made. COUNCILMAN MERRILL-I'll second that motion. SUPERVISOR CHAMPAGNE-You've heard the motion. COUNCILMAN TUCKER-To hold a public hearing? SUPERVISOR CHAMPAGNE-Hold a public hearing, is that correct? COUNCILMAN MERRILL-Schedule a public hearing. COUNCILMAN TURNER-Schedule a public hearing. COUNCILMAN MERRILL-To redefine the allowed uses. COUNCILMAN TURNER-Redefine the allowed uses in the SFR zone in that particular area. COUNCILMAN MERRILL-In that particular area. COUNCILMAN IRISH-I don't think you can do it in that particular area but that's your motion, go ahead. COUNCILMAN TURNER-We'll try it. DEPUTY TOWN CLERK BARBER-Is that a motion or you're just SUPERVISOR CHAMPAGNE-No, it's a motion, I mean a motion made and seconded, it's on the floor. Any other discussion? COUNCILMAN TURNER-Open for discussion. SUPERVISOR CHAMPAGNE-Any other discussion? COUNCILMAN IRISH-Open for discussion? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN TUCKER-What's the legal ramifications here? COUNCILMAN IRISH-I'm more concerned with the spot zone. I don't want to just take care of Twicwood. If we're going to do something with regard to creating a special zone or special use, it should encompass all of the SFR zoning, not just Twicwood. I think you're going to be open to a lawsuit if you do that. I have no problem with the public hearing, I think it's a good idea but I think you should encompass all of the SFR zoning in that public hearing. I mean, I mean because somebody has got two hundred thousand dollar house, do we want to exclude a use there versus somebody that lives in a trailer park for nine thousand dollars. I don't think that's fair. SUPERVISOR CHAMPAGNE-Is that open for consideration from you? COUNCILMAN MERRILL-I would agree to that. COUNCILMAN TURNER-Yea. SUPERVISOR CHAMPAGNE-I think I would too. If we're going to look at it, we've got to look at it town wide. I don't think this is a single issue. I think the allowed use in that area, in that single family wherever it is, multifamily. I obviously don't have a good answer as to how to rewrite the book so to speak but I think that we need to look at it and possibly now is the time to do it. So, any further discussion? COUNCILMAN TURNER- Well let me just change the motion then. I'll withdraw my motion. COUNCILMAN MERRILL-I'll withdraw the second. COUNCILMAN TURNER-I'll reintroduce the motion to include all SFR, all zones that are church related, including places of worship and including cemeteries that are listed under the uses. COUNCILMAN MERRILL-And schools. COUNCILMAN TURNER-And schools. SUPERVISOR CHAMP AGNE- That's fine with me. COUNCILMAN MERRILL-I'll second it. SUPERVISOR CHAMPAGNE-Second by Dick. Now any further discussion? COUNCILMAN IRISH-When do we want to set the public hearing? SUPERVISOR CHAMPAGNE-We'll do it June 1. COUNCILMAN TURNER-No, I don't think you better do it June 1. DEPUTY TOWN CLERK BARBER-We can't. SUPERVISOR CHAMPAGNE-We can't. Too tight? DEPUTY TOWN CLERK BARBER-We can't get it in to the paper in time. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN TUCKER-You better not have anything else on the agenda when you do this. DEPUTY TOWN CLERK BARBER-You have quite a few public hearings too that night. COUNCILIMAN TURNER-No, you want, you're almost going to have to have a special meeting. SUPERVISOR CHAMPAGNE-Do you want to set a special meeting for that or do you want to EXECUTIVE DIRCTOR ROUND-Can I just get some input, I haven't participated in the Comprehensive Plan Committee but isn't that something that our Comprehensive Plan would be addressing, uses in particular zones? I guess I'll defer to Dick. COUNCILMAN MERRILL-It will but it will be a while before that's out. COUNCILMAN TURNER-That won't be for a while. EXECUTIVE DIRECTOR ROUND-Is there, I mean I should give sufficient time to that committee then to identify their position on that process. COUNCILMAN IRISH-Maybe we should, I don't know if you want to put a moratorium in on that use. COUNCILMAN TURNER-What's that? SUPERVISOR CHAMP AGNE-A Moratoriurn. I don't think we'd want to do that, just arbitrarily shock it out. Let's think about this. What are the ramifications there, counsel, what do you see down the road by moving in this direction? Do you see TOWN COUNSEL SCHACHNER-I already expressed my opinion and the board evidently doesn't want to take it, that's fine, that's your prerogative. It's not my personal opinion, it's my legal opinion and you know, you don't like it, don't follow it. COUNCILMAN TUCKER-Are you speaking about the whole board? I want to know the, this action that we're taking right here, what the legal ramifications are? TOWN COUNSEL SCHACHNER-And the answer I give you, Mr. Tucker is that, as I said several minutes ago, it's our opinion that it's very difficult to lawfully prohibit certain types offavored uses in residential zones in the State of New York. The types of favored uses that the cases seem to indicated are difficult to lawfully prohibit are educational uses and religious uses. When I gave that opinion a few minutes ago, I thought some of the board members said, yup, we agree with that. Now, you want to schedule a public hearing to do just that. Help yourself, feel free but that's our legal opinion. COUNCILMAN TUCKER-Me personally, I don't think I need them kind of problems. TOWN COUNSEL SCHACHNER-It's not my personal, it's not my personal opinion. COUNCILMAN TUCKER-I've already expressed my views to some of these people here, I don't think it's the right place for the church but I believe we ought to let our system take it's course and then take a look at it. It's built into the system and the minute you step into the system and start jerking around with it, a lot of people are going to get hurt. Enough said. Where do we go? SUPERVISOR CHAMPAGNE-Do you have something to say? MR. LEW STONE-Yea, I'm hearing what Mark is saying but you certainly don't want a community without churches and schools. COUNCILMAN TURNER-Not at all. Not at all. MR. STONE-And if you don't identify where you can't have them, you certainly can't say where you can't have them. So, you've got to be very, very careful, this is not something you do quickly and arbitrarily. I think Pliney has got the right idea. You do have the Planning Board in place to look at site plan approval. Give them a chance. If they say okay, I would think the Town Board can put, I don't know that part of the law but the Town Board should be able to say, please wait with granting any permits because we think that we should look at this further. But certainly, you've got to be very careful in zoning out schools and educational facilities and that sounds like what you're doing, possibly. COUNCILMAN IRISH-No, I don't think the question was to zone them out. I think it was more, what's an appropriate zone for them. MR. STONE-Well if you don't have an appropriate zone, Doug for them, if you're going to take COUNCILMAN IRISH-That's what the public hearing would be for to determine what type of zone we would want to establish for that. MR. STONE-Okay. COUNCILMAN IRISH-UnIess I misunderstood. COUNCILMAN MERRILL-And we're only looking at SFR zones and there are other zones less restrictive that would permit thern. MR. STONE-Okay, that's all, just a question because I'm listening to your legal advice. His advice is, he's your lawyer and sometimes it's good to listen to your lawyer before you jump. I'm not saying you can't ignore it but just be careful. I mean I appreciate what these people are feeling. There's no doubt that none of us want certain things in our back yard but we have to look at the whole community. You can't do, as Doug says, you can't spot zone, you've got to be very, very careful and I only ask the board to be cautious before they jump. That's all I'm really saying. Think about it. SUPERVISOR CHAMPAGNE-There is a motion on the floor. COUNCILMAN TURNER-I know, but this is an issue you're going to have to face down the line, sooner or later. Now this one has popped right up, hit us right between the eyes. COUNCILMAN IRISH-Isn't it really a planning issue, though? COUNCILMAN TUCKER-But we're not at the end of the rope, Ted. COUNCILMAN TURNER-No, we're not. No we're not. I'm not saying that we are. COUNCILMAN TUCKER-No. Our system has been put together so I got a feeling it's going to work. COUNCILMAN TURNER-Well I hope it would. COUNCILMAN TUCKER-I've got a feeling that it's going to. The amount of time that was spent on this the other night when they didn't even have to have it, they spent two and a half hours and COUNCILMAN MERRILL-Well in the Zoning Book it says, single family residential zones are established residential neighborhoods where character is strictly single family detached residences on standardized lots. Do cemeteries, churches and schools fit into that purpose? COUNCILMAN TUCKER-They are, all over the place. COUNCILMAN IRISH-According to New York State. COUNCILMAN TUCKER-They are, all over the place. EXECUTIVE DIRECTOR ROUND-I would hesitate to act on this. Let me just step forward, I think you're going to have a difficult time distinguishing between your residential zones. As Doug said, is that, how do you identify use that's allowed in single, SFR zone versus SR versus a, all the purposes for the residential zones are, they're very similar. The character of the residential community and I think you're going to have to look at all the residential zones versus just the SFR zone. You said all the SFR zones, I think you have to look at all residential. What distinguishes the characters of those and then how and then, you're facing the even larger issue with what Mark indicated, is what New York State recognizes as favored uses, being educational and religious and before you make any action that you would get, maybe you would want a legal brief on the applicability of restricting those uses to certain residential districts. SUPERVISOR CHAMPAGNE-I guess that's where I'm coming from, you know. Evidently, we've got something on the books here that we have not encountered, at least in my time and it appears to me as if it stretches even beyond the single family residence whether it's across the road here in multifamily, it's going to have the same impact. Wherever you've got a mature established neighborhood when you bring in this type of a project, you're going to create a problem with traffic and everything that these folks have already said. I just believe that, as Pliney is trying to say very eloquently, the facts are, you know let the system work and that's why it's an allowed use and not a permitted use. For the site plan review and if the Planning Board is doing what they're supposed to do, isn't that the check and balance system in this process. Or am I wrong? Somebody help me here? That's how I see it. COUNCILMAN TUCKER-No, I really think it's going to work. You've got seven intelligent people sitting on that board and as some of these folks can verify, they really hashed things over the other night when they didn't have to for two and a half hours. SUPERVISOR CHAMPAGNE-I'm going to tell you, I'll listen to counsel and you know, if history repeats itself, schools and cemeteries and churches have some, what's the right word there? TOWN COUNSEL SCHACHNER-Favored status. SUPERVISOR CHAMPAGNE-Favored status and they're tough to deal with. Tough to keep it up. But anyway there is a motion on the floor. COUNCILMAN TURNER-Take a vote. SUPERVISOR CHAMPAGNE-Let's vote. (vote taken) RESOLUTION TO SCHEDULE PUBLIC HEARING RESOLUTION NO. 208, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill I would like to move that we schedule a public hearing and that we consider rezoning the property, delineating the church out of that particular area due to the issues that have been raised and redefine the allowed uses in the SFR Zone in that particular area. MOTION WITHDRAWN BY: Mr. Theodore Turner SECONDED BY: Mr. Richard Merrill RESOLUTION NO. 208, 98 (VOTED DOWN) INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Richard Merrill I'll reintroduce the motion to include all SFR zones, all zones that are church related, including places of worship and including cemeteries that are listed under the uses and schools. Duly adopted this 18th day of May, 1998, by the following that vote: AYES: Mr. Merrill, Mr. Turner NOES: Mr. Irish, Mr. Tucker, Mr. Champagne ABSENT: None DURING VOTE: Supervisor Champagne-I just don't see it working at this point, I really don't and I think that we're going to have to further investigate it through the legal ramifications and I think there's much more to be said and done before this action. I have no problem with the public hearing some time in the near future but I think it needs to get started in the Planning Office and that's where these decisions are going to have to be made and if the town is in a position to make the right judgment, it will. 7.1 OLD BUSINESS VEHICLE FOR QUEENSBURY CENTRAL CHIEF (continued discussion) Mr. Chris Hickey, Treasurer spoke to the board regarding their proposed amendment to existing contract with the town for fire protection in the Queensbury Central Fire District. Noted, Fred called asking me specifically where we, as a fire company would intend to come up with the funds available to help fund this. We can make this change in the contract with no affect to our contract, no additional funds to be paid out by taxpayers or by the town, by reallocating some dollars that you approved previously. We have looked to do this in areas that would have the least affect if none on the fire protection and obviously the service that you're contracting for us to do. We anticipate or estimate the cost of the vehicles are approximately four thousand dollars a year. We have it on a lease and we think we can come up with that four thousand dollars by taking a thousand dollars from each one of four categories in our current contract. A thousand from our professional services, building improvements, utilities, and repairs and maintenance (buildings & grounds). Those four categories would allow us to come up with the four thousand dollars that we would like permission to reallocate to fund the cost of our existing vehicle which we, more accurately think is a first response vehicle as much as it is a quote, unquote chiefs vehicle. Supervisor Champagne-I guess I need some time. If you were coming to this board during negotiations to further pursue this request, I think we'd sit at the table and hammer it out... I'm not against this proposal but I guess where I come from is, I just need time to give it some real serious thought and what the implications will be in the future and what will drive this down the road and what impact it will have on the fire tax in 1999 and the year 2000. Is it an essential piece of equipment? I absolutely believe that it is... I think the real time to do this is at the negotiating table. Councilman Irish-Is it imperative that you have this taken care of before the end of this lease? Mr. Hickey-No, it's not imperative. Councilman Irish-If it's not a situation where you someone's going to repossess the vehicle or something, we've got some time to sit and talk with Henry. I mean Henry is going to be an interracial part of it. I haven't looked at the contracts that you signed with the prior Town Board, I'm sure Dick probably hasn't either. Supervisor Champagne-Let us spend some time with it. I think you've presented us with enough good evidence here. We need to take this, document it and go back into the contracts, spend a little time with it so that we can go out and justify it. Town Board agreed. TOWN BOARD WORKSHOP Councilman Turner referred to the Meadowbrook Road Sewer Extension and noted that we need a resolution to move forward... board agreed. Councilman Irish referred to other towns in the area that have passed resolutions with regard to the Lake George Park Commission... recommended the town conduct a public informational meeting in order to get some input from the property owners.... Town Board held discussion, agreed it was beneficial to the town and it was recommended to schedule hearing some time in July at the North Queensbury Fire House. Councilman Turner referred to the Cronin Road Drainage situation and noted that they're stilling working on some options. ATTORNEY MATTERS Town Counsel Schachner noted there are five items for executive session. OPEN FORUM 9:05 P.M. Dennis Brower questioned the status of the Queensbury Forest Drainage situation. Supervisor Champagne noted that the town met with NIMO regarding right -of-way privileges to use their property to send the water down through there... still waiting to hear back from NIMO. Mr. Brower referred to earlier discussions regarding the church's proposal and questioned whether the Town Board has the power to overrule the Planning Board? Town Counsel Schachner noted that the Town Board does not have the authority to overrule a Planning Board Site Plan Review decision. Councilman Turner noted that whether the application gets approved or disapproved, either party could file an article 78 and pursue it in Supreme Court. Suzanne Seay, Post Star questioned whether the discussions scheduled with Nu- Tech regarding their contract would be appropriate for executive session? Councilman Irish noted, it's based on whether or not the town is going to continue their employment with the town. Town Counsel Schachner noted, for the board's benefit, I'll read the specific language of the particular exemption we're talking about and that specific language reads as follows and what comes before it is, these are the numerous reasons that you can conduct things in executive session if you wish and this particular one reads, the medical, financial, credit or employment history of a particular person or corporation, which I don't think we're talking about. Or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation and there, I think it's a closer call. You could arguably take the position that you're talking about the potential removal of this particular corporation from this particular job that the Town of Queensbury is currently in a contractual relationship with. Town Board held discussion, agreed to schedule a special meeting of executive session for May 20th at 2:30. Jeremy Hammond referred to the Hudson River Park and questioned whether the boat launch was open? Councilman Irish-People are using it now, the park is not open but the gate is open during construction work on the bridge and people are using it. If the gate is open, go ahead and use it. Mr. Hammond-Okay, thanks. John Salvador- I'm glad to hear of the scheduled hearing regarding the Park Commission. The Lake George Park Commission has been in business for about ten years. (held up for the board a thick volume of regulations they've produced) They have sapped out of the Lake George community roughly six million dollars in ten years in fees, permits, that sort of thing... all they do is harass the recreation community... their most recent budget that I'm aware of, a couple of years ago was eight hundred and thirty-seven thousand dollars, their operating budget. OPEN FORUM CLOSED 9:20 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 209, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss five matters of litigation. Duly adopted this 18th day of May, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION AND REGULAR SESSION OF THE TOWN BOARD RESOLUTION NO. 210, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board hereby adjourns Regular Session. Duly adopted this 18th day of May, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None No further action. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY