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1998-06-01 REGULAR TOWN BOARD MEETING JUNE 1, 1998 7:00 P.M. MTG#25 RES# 215-227 LL#3 B.H. 23-26 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND CONTROLLER, HENRY HESS DIRECTOR OF BUILDING AND CODES, DAVE HATIN PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRED CHAMPAGNE SUPERVISIOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 215, 98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 1st day of June, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR MARY TRELLO RESOLUTION NO.: 23.98 INTRODUCED BY: Mr. Pliney Tucker 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, 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 136-1 lA, such application requesting that the applicant be allowed to have a holding tank, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 15th, 1998, at 7:00 p.rn., 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 allow a holding tank 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 1st day of June, 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 APPLICATION FOR VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR KATHRYN CROSSE RESOLUTION NO.: 24. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish 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, Kathryn Crosse has applied to the Local Board of Health of the Town of Queensbury for four (4) variances from the Town of Queensbury On-Site Sewage Disposal Ordinance standards set forth in Chapter 136, Appendix A, such application requesting that there be: 1.two 4' x 8' seepage pits in lieu of two 8' x 8' seepage pits; 2.a 1,000 gallon seamless septic tank five feet (5') from the house in lieu of the required ten feet (10') distance; 3.two 4' x 8' seepage pits five feet (5') from the front property line in lieu of the required ten feet (10') distance; 4.a 4" sanitary line from the house to the septic tank, four feet (4') from the property line in lieu of the required ten feet (10') distance; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 15th, 1998, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider Kathryn Crosse's application for four (4) variances from the Town's Sewage Disposal Ordinance on property situated at 33 Mallory Avenue, Queensbury, New York and bearing Tax Map No.: 117-2-9 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 five-hundred feet (500') 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 1st day of June, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCES FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR JANET AND JAMES BARCUS RESOLUTION NO.: 25.98 INTRODUCED BY: Mr. Pliney Tucker 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, Janet and James Barcus have applied to the Local Board of Health of the Town of Queensbury for four (4) variances from the Town of Queensbury On-Site Sewage Disposal Ordinance standards set forth in Chapter 136, Appendix A, such application requesting that there be: La leach field installed eighty feet (80') from the well in lieu of the required one-hundred feet (100') setback; 2.a leach field installed fifteen feet (15') from the house in lieu of the required twenty feet (20') setback; 3.a 1500 gallon septic tank installed five feet (5') from the property line in lieu of the required ten feet (10') setback; and 4.245 LF ofleach field installed in lieu of the required 312 LF ofleach field for a five (5) bedroom home; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 15th, 1998, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider Janet and James Barcus' application for four (4) variances from the Town's Sewage Disposal Ordinance on property situated at 5 Lakeview Drive, Queensbury, New York and bearing Tax Map No.: 46-3-21 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 five-hundred feet (500') 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 1st day of June, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None HEARING DETERMINING THAT PROPERTY OWNED BY GERTRUDE SMITH (TAX MAP NO. 117-2-37) IS A HEALTH HAZARD DIRECTOR OF BUILDING & CODES, DAVE HATIN-Ifthe board recalls this is located between Alta Avenue and Veterans Road. I did show you pictures the last time I had them again if you would like to see them. Mrs. Smith has tried to comply understanding that the board was going to take some action against her. She has removed the garbage, but there still remains a lot of debris and rubble there that still can be conducive to rodents, insects, whatever. Unfortunately, I was out of town today so I wasn't able to get over there and see how much she has come last week she was progressing but still a lot to go. SUPERVISOR CHAMPAGNE-Is there anyone here to speak for or against this effort? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-What's the pleasure of the board? COUNCILMAN IRISH-Do you want to give her another week to check on it Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-I think you have a resolution before you tonight to give her thirty to sixty days to complete it. I think if you follow through with that order I believe I can get her in compliance. SUPERVISOR CHAMPAGNE-Is that all we need? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. I think that will take care of the situation. Let me just back up one on Gertrude Smith are you going to pass that resolution? DEPUTY TOWN CLERK O'BRIEN-We don't have a resolution. There are no resolutions for any of the hearings. TOWN COUNSEL, MR. SCHACHNER-These are just hearings? DIRECTOR OF BUILDING & CODES, MR. HATIN-Do the resolutions for the next board meeting then Mark? SUPERVISOR CHAMPAGNE-You are going to have to generate that yourself. If you feel that nothing has been done. DIRECTOR OF BUILDING & CODES, MR. HATIN-For some reason I thought it was in your packet. HEARING DETERMINING THAT PROPERTY OWNED BY GLYNN AND RUTH HARRINGTON (TAX MAP NO. 119-4-20) IS A HEALTH HAZARD DIRECTOR OF BUILDING & CODES, MR. HATIN-In the Ruth Harrington, Glynn Harrington hasn't seen any change since the last time I showed you the pictures. We still have approximately thirty bags of garbage in the garage, six to seven outside plus some more debris. COUNCILMAN IRISH-That property is vacant, right? DIRECTOR OF BUILDING & CODES, MR. HATIN-It is in foreclosure. As far as I know I don't know who the bank is. We have no whereabouts for the daughter, I would ask the board to take an emergency action here to get this property cleaned up. It has gone on for almost two months trying to go through the legal menagerie. To me the emergency action is the way to take care of this which the board can do I believe. COUNCILMAN TUCKER-How do we collect for that. DIRECTOR OF BUILDING & CODES, MR. HATIN-It is billed through the taxes. The Attorney's Office will file the paperwork to go through the taxes. SUPERVISOR CHAMPAGNE-Do we have a written resolution on record authorizing that? TOWN COUNSEL, MR. SCHACHNER-Typically we would. I wasn't aware that Dave wanted us to take emergency action. We already enacted the resolution at your May 18th meeting declaring it to be a hazard giving the property owner the sixty days cleanup, scheduling the hearing for tonight. I don't know if anybody is here to be heard tonight, I assume not but I don't know that we've asked that question. You do, he is correct you do have the authority as a local board of health to take what's called emergency abatement measures if there is a public health emergency threat to public health. I was not aware that that's what the Director was going to request. DIRECTOR OF BUILDING & CODES, MR. HATIN-Ifwe don't take the emergency action the garbage will sit there for another thirty to sixty days that's the problem. SUPERVISIOR CHAMPAGNE-Has the Health Officer been out there? DIRECTOR OF BUILDING & CODES, MR. HATIN-We do have a letter in the file from Dr. Evans. TOWN COUNSEL, MR. SCHACHNER-We had that on file prior to the determination of May 18th, I believe. SUPERVISOR CHAMPAGNE-We can make a motion right from the floor on this and move it? TOWN COUNSEL, MR. SCHACHNER-If you that is an emergency situation you can. COUNCILMAN TUCKER-I'll move it. SUPERVISOR CHAMPAGNE-Seconded by? COUNCILMAN TURNER-I'll second it. DIRECTOR OF BUILDING & CODES, MR. HATIN-Can I ask the board to hold off one second Mrs. Harrington is here I didn't realize she was here. TOWN COUNSEL, MR. SCHACHNER-These are hearings we should be affording people an opportunity to speak. SUPERVISOR CHAMPAGNE-I asked that I didn't see.... PAM HARRINGTON - I was living there when my mother past away my father was living with my sister. The reason the garbage wasn't taken care of is that I was out of work since October of 1997, I didn't have a job. I've been trying to find a job I didn't have any money to get rid of the garbage I had no way of getting rid of it. My brother wouldn't help so my sister couldn't afford it cause of her and her family so that's why the garbage stayed there. COUNCILMAN IRISH-Do you have anyway to get rid of it now? MRS. HARRINGTON-I have ajob now I can get rid of it. SUPERVISOR CHAMPAGNE-What kind of timing goes with that? MRS. HARRINGTON-I don't know how long it will take to get the garbage out of there. I know there is debris left in the backyard because my brother decided to take stuff out of the backyard because they were going to foreclose on the house. He left the backyard a mess when he took the stuff because he took it when I wasn't there. SUPERVISOR CHAMPAGNE-Do you want to let it go for another fourteen days is that reasonable? We'll take another look at it after fourteen days, Dave help me with this. DIRECTOR OF BUILDING & CODES, MR. HATIN-Ifwe see some progress, I would say so far up to date we've seen none. Mrs. Harrington I believe you were the one that was taken to court or your sister. This has been on going for about six months now on and off. We did get it cleaned up under court order and a fine, but it went right back to the same way again. I would say fourteen days should be plenty of time if not.. .... SUPERVISOR CHAMPAGNE-We'll have to take action. Can you give us a resolution to allow that to happen off the floor. TOWN COUNSEL, MR. SCHACHNER-It sounds like you want to give them more time don't take any action. COUNCILMAN TUCKER-I've got one on the floor that I better rescind. TOWN COUNSEL, MR. SCHACHNER-Pliney is right you have to withdraw the current resolution. Don't take any action and we'll just have it on for the fifteenth for further action if necessary. SUPERVISOR CHAMPAGNE-Let's do that. COUNCILMAN TUCKER-I'll withdraw my resolution. COUNCILMAN TURNER-I'll withdraw my second. SUPERVISOR CHAMPAGNE-Let's do that. We got until the fifteenth then of June to correct it. MRS. HARRINGTON-Okay. HEARING DETERMINING THAT PROPERTY OWNED BY MATTHEW AND SHANNON CARPENTER (TAX MAP NO.4 7 -4- 5) IS A HEALTH HAZARD SUPERVISOR CHAMPAGNE-Is there anyone here representing the Carpenter's? DIRECTOR OF BUILDING & CODES, MR. HATIN-Actually this is very similar to the previous one. We have a house that's been abandoned garbage and other debris have been dumped outside. I was able to get a hold of the Real Estate Company that does hold the mortgage and is foreclosing on the property, however, I see no action unless they took it today. I would say go through the thirty, sixty day notice I don't know if you already done that for this or not. It was to set a hearing for tonight that is it. Go through the thirty, sixty day notice or do the emergency is nothing happens by the fifteenth. I think the better way is that is nothing happens by the fifteenth to authorize me the fifteenth to clean it up. SUPERVISOR CHAMPAGNE-Okay that works for me. DIRECTOR OF BUILDING & CODES, MR. HATIN-In the meantime, I will try to get the foreclosure company to comply if I can. SUPERVISOR CHAMPAGNE-That's the one over here off of Bay Road. DIRECTOR OF BUILDING & CODES, MR. HATIIN-Country Colony. SUPERVISOR CHAMPAGNE-Okay, I guess we're ready to come out of the Board of Health. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 26. 98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLOVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 1st day of June, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING - LOCAL LAW OF THE TOWN OF QUEENSBURY REGULATING THE CONDUCT OF ADULT USES AND ADULT ENTERTAINMENT USES OPENED 7: 17 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Chris can I call on you to walk us through this. EXECUTIVE DIRECTOR, MR. ROUND-As you recall last meeting we did review our current moratorium is in effect until July 30th. This moratorium is identical to our previous moratorium that expired prior to reenactment of a moratorium. The proposed Local Law is identical to the current moratoriurn. It restrict those adult uses and adult entertainment uses to limited geographical areas within the Town. We identified four areas where it would be allowed and those are adjacent to the industrial parks in Town. Ciba Geigy Industrial Park Facility, and Glens Falls Watershed properties which in effect it would not be allowed in that area. That's it, I'm open for questions we've talked it around for a while. SUPERVISOR CHAMPAGNE-Anyone from the public have any comments on where we are with law? JOHN SALVADOR, QUEENSBURY-I didn't understand Chris could you repeat please. Is this a law we're passing that will specifically allow or disallow something that happens in specific zones, areas? EXECUTIVE DIRECTOR, MR. ROUND-The law is constructed to prohibit adult uses and adult entertainment uses within thousand feet of religious worship institutions, schools and zoning districts which allow residential uses. Also prohibits adult uses within a thousand feet of another existing adult use. It does not specifically allow it in any zone and through the thousand foot separation distance it does not prohibit it in four areas. It does not specifically allow for that use but it prohibits from occurring within a thousand feet of those sensitive land uses. MR. SAL V ADOR-I think it would be justified to show a plan of the Town and shade those areas where this sort of activity will be precluded so we can see what's left over. When you start talking about a thousand feet of residential zones. . . . COUNCILMAN IRISH-It might be easier to shade them where they would be allowed. EXECUTIVE DIRECTOR, MR. ROUND-Here it is. (Presented map to board of areas where it would be allowed) We had displayed last month, I had worked up a full size copy and I'll post another one on the board here. The shaded areas allows where the uses of the area where it is not prohibited. This is just a portion of the Town. This is the Halfway Creek Reservoir and it would not allow it in the whole area there is only a small portion of this area. It is allowable in a small portion of the Carey Industrial Park. It is allowed within a portion of Ciba Geigy Facility. It is also allowed within a portion, it is not prohibited within a portion of the Warren County Lands that constitute the Warren County Industrial Park and the area around it. SUPERVISOR CHAMPAGNE-So for the most part can we say that it is an allowed use within the light industry. EXECUTIVE DIRECTOR, MR. ROUND-I don't think that would be fair. SUPERVISOR CHAMP AGNE-I realize it doesn't cover it totally, but at least for those sections. EXECUTIVE DIRECTOR, MR. ROUND-It would be restricted to areas that are generally zoned light industrial. SUPERVISOR CHAMPAGNE-If! lived a thousand feet in my home, thousand feet from a church or a school and someone wanted to come in a thousand and ten feet from there in a residential district you are saying that is not allowed? EXECUTIVE DIRECTOR, MR. ROUND-Correct. MR. SALVADOR-At the present time in our business we don't offer such things as HBO or Pay Preview. How would this law affect that if we found it necessary to offer that service? COUNCILMAN IRISH-I think those are regulated by the FCC. EXECUTIVE DIRECTOR, MR. ROUND-I could answer that as well. It restricts the Town from issuing a permit that would allow a particular use. The Town doesn't issue permits for HBO hookup or Cinemax hookup. It restricts us from issuing a permit whether it is a variance to allow an activity to occur or a site plan review to occur, building permit or another discretionary approval from the Town that's generally how we restrict the activities. Mr. SALVADOR-At the present time we qualify every year for a liquor license. I think my wife will support me in this. I believe that application or notice of that application has to come to the Town Clerk. That is a State Agency, State fee, everything is done there by the State. We don't get that license without, what do we get from the Town Clerk? MRS. SALVADORE-We just have to send her a certified letter. SUPERVISOR CHAMPAGNE-I don't think we act on it. MRS. SALVADOR-Notifying you that the corporation is applying for a liquor license. COUNCILMAN IRISH-Are you looking for the same thing for an adult use to notify the Town? MR. SALVADOR-I'm just wondering. As I say we don't do this now we don't offer this. We are in competition with other facilities and if they begin to offer it we're going to have to offer it to stay competitive. A lot of things we do in business we don't particularly like to do but we have to do that's my only concern here. What you've effectively done with this thousand feet from a residential area it's the whole town. Who the hell is going to locate an adult entertainment facility in a watershed area that's protected by other regulations you can't even build a building there let alone. SUPERVISOR CHAMPAGNE-You got the message John, I guess Queensbury is trying to zone it out it is as simple as that that's where we're at. COUNCILMAN MERRILL-In which case you won't have any competition. SUPERVISOR CHAMPAGNE-There is Lake George Village and there is the Town of Lake George they are our competition. There is Boston, Buffalo, and the Thousand Islands they are our competition. If they can offer these activities for people and that's what the people want that's where they are going to spend their dollars. SUPERVISOR CHAMPAGNE-Thank you. COUNCILMAN TUCKER-Can I ask Chris a question. Chris what would be the process in areas where this would be allowed what kind of a process would they have to go through? EXECUTIVE DIRECTOR, MR.ROUND-I was discussing this with Mark Schachner just prior to our meeting. If a particular applicant wanted to conduct this type of business they would have to apply for site plan review because all uses within our light industrial zone require site plan review they would have to go to the Planning Board. It would make sense to amend our light industrial section of our Ordinance to specifically allow the use. It is not prohibited in light industrial as you know the schedule of allowed uses are merely representative in our Ordinance by taking care of that bookkeeping it would clean up the process. Basically, site plan review, public hearing some approval process with any other land development activity. COUNCILMAN IRISH-Can we make it a special use Mark even though this law is enacted or no? TOWN COUNSEL, MR. SCHACHNER-We don't have uses in Queensbury dominated special uses. COUNCILMAN IRISH-SpeciaI permit or whatever you want to call it. TOWN COUNSEL, MR. SCHACHNER-We don't have those either. It would be a site plan it would ultimately be a site plan approval. COUNCILMAN IRISH-I think what I want to get away from as saying it is an allowed use. EXECUTIVE DIRECTOR, MR. ROUND-It will go through site plan review. I know with mobile homes outside a mobile home court the application is made to the Town Board and is referred to the Planning Board. I think effectively it is not an allowed use it would go through a review procedure as it is. SUPERVISOR CHAMPAGNE-I think that's the way it should be that's our intent really. TOWN COUNSEL, MR. SCHACHNER-To make that clear. Currently it would through a review procedure at the Planning Board not at the Town. EXECUTIVE DIRECTOR, MR. ROUND-Correct. SUPERVISOR CHAMPAGNE-Right. Anyone else from the audience? JEFF SCARINCIO, QUEENSBURY HIGH SCHOOL-It's one thousand feet from a church or school right? COUNCILMAN IRISH-Or a home. MR. SCARINCIO-Or a home. The adult video place that's there near Sokol's right across the street is a Stewart's right and they have porno stuff there like Hustler, Playboy, magazines how are you going to outlaw that? Mobile right down the road you know what I'm saying. SUPERVISOR CHAMPAGNE-Yeah, I hear what you are saying very clearly. MR. SCARINCIO- This guy is dealing with the videos I mean, I think that's all right. If you have something like a peep show or something I can understand that's a little too much, but videos you can see it on TV, you can go look in a magazine, books, whatever you know. Do you have anything to say about that? EXECUTIVE DIRECTOR, MR. ROUND-The law restricts new businesses from coming in or new businesses within a thousand feet of an existing business. I don't think the law was crafted specifically to address what we see as over the counter magazines etc., specifically for the more proto-typical adult entertainment uses. Anybody that's in existence now will be grandfathered per sa. These existing uses as discussed the Stewart's, the existing video store, and other store aren't going to be prohibited from conducting business as they are today. COUNCILMAN IRISH-If he closed his business and moved out of there there wouldn't be another store moving in there. MR. SCARINCIO-But he is okay now though? SUPERVISOR CHAMPAGNE-Yes. MR. SCARINCIO-I remember we were talking about that in government about how they were going to tell him to beat it, tell him to get out of there because he had that back room. COUNCILMAN TUCKER-He's the reason this law came about. People came in there and wanted to restrict where these places could locate that's what we're doing here. As long as he stays where he is he can do the business if he closes that's the end. MR. SCARINCIO-Has there been others that have come in. SUPERVISOR CHAMPAGNE-No. COUNCILMAN IRISH-Chris he can't expand that room that room because he has a floor plan for that right? EXECUTIVE DIRECTOR, MR. ROUND-It would generally restrict us from..... COUNCILMAN IRISH-I'm talking about Mr. White's site plan that he got approval for. EXECUTIVE DIRECTOR, MR. ROUND-It would restrict him from expansion of those services a floor plan that would alter that floor plan to increase that area I believe. MR. SCARINCIO-Doesn't he already have this room though? COUNCILMAN IRISH-He had it originally when he got his approvals before any moratorium or any law was talked about it was already on his floor plan for review. SUPERVISOR CHAMPAGNE-He's okay. MR. SCARINCIO- That's what we were talking about in government I was just wondering. SUPERVISOR CHAMPAGNE-Government can't throw a person out after the fact that they've been established there prior to any new law. We did not have this law on the books at the time when he established his operation up there so obviously he is clean and clear. MR. SCARINCIO- That's all I want to know. Thanks. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? JEREMY HAMMOND, QUEENSBURY HIGH SCHOOL-Mr. Tucker, I sent you some mail last time this came up in the moratorium. Just the one thing I want to stress is that as a citizen I've got money in my pocket, well usually I do. If I want to go out if I want to buy whatever then I should have that right. I don't think you should limit businesses. I think as Mr. Tucker said dealing with the other topic that came up the last meeting I don't remember what it is but you said, let the system work, let it go through the system it was about the church going up in the neighborhood. Let the system take care of it and that's all I like to stress is let the citizens with their dollars take care of the shops. Thank you. SUPERVISOR CHAMPAGNE-Anyone else? Anything more from the board? COUNCILMAN TURNER-If we care to add to this we can add to it by amending it. SUPERVISOR CHAMPAGNE-We can amend this. COUNCILMAN TURNER-Because there is some literature that I gave to Chris in reference to this that is more detailed than this maybe we might want to incorporate it later on. EXECUTIVE DIRECTOR, MR. ROUND-I have it here. PUBLIC HEARING CLOSED 7:33 P.M. LAW RESOLUTION TO ENACT LOCAL LAW NO. 3 OF 1998 A LOCAL OF THE TOWN OF QUEENSBURY REGULATING THE CONDUCT OF ADULT USES AND ADULT ENTERTAINMENT USES RESOLUTION NO. 216. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury feels that adult uses and adult entertainment uses in proximity to religious institutions, schools, residential uses and other adult uses constitute a detriment to the health, safety and welfare of the people of the Town of Queensbury and therefore, the Town Board wishes to regulate such adult and adult entertainment uses in the Town through Local Law, and, WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting Local Law NO.3 of 1998 entitled "A Local Law of the Town of Queensbury Regulating the Conduct of Adult Uses and Adult Entertainment Uses," which Law shall prohibit 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, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set the date and time for the public hearing, and WHEREAS, a public hearing with regard to this Local Law was duly conducted on June 1st, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the Local Law Regulating the Conduct of Adult Uses and Adult Entertainment Uses to be known as Local Law NO.3 of 1998, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 1st day of June, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None TOWN OF QUEENSBURY - LOCAL LAW NO.3, OF 1998 A LOCAL LAW OF THE TOWN OF QUEENSBURY REGULATING THE CONDUCT OF ADULT USES AND ADULT ENTERTAINMENT USES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: The Code of the Town of Queensbury is hereby amended by adding the following local law as follows: SECTION 1. Purpose. The Town Board hereby finds that the conduct of adult uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses, results in decreased property values, increased loss of business for non-adult businesses and deterioration of residential neighborhoods. This Local Law will protect the general welfare, health, safety and well-being of the persons and property of the Town and the integrity of the Town Master Plan and Zoning Ordinance by regulating the conduct of adult uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses. This Local Law is adopted pursuant to ~1O of the Municipal Home Rule Law and Article 16 of the Town Law. SECTION 2. Definitions. As used in this law, the following terms shall have the meanings indicated: ADULT ENTERTAINMENT USES: A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult arcade; adult cabarets; adult motels; adult motion picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult Use and Entertainment Establishments customarily exclude persons seventeen years of age and younger. "ADULT" ARCADE: Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by depicting or describing "specified adult activities" or "specified anatomical areas." "ADULT" BOOKSTORE or "ADULT" VIDEO STORE: A commercial establishment which offers for sale or rental for any form of consideration anyone or more of the following: A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified adult activities." B. Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with "specified adult activities." ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified adult activities;" or C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas. " "ADULT" MOTEL: A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas," and has a sign visible from the public right -of-way which advertises the availability of this adult type of photographic reproductions. "ADULT" MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas." "ADULT" THEATER: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified adult activities." ESCORT: A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person. ESCORT AGENCY: A person or business association who furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration. NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York. NUDITY or a STATE OF NUDITY: The appearance of "specified anatomical areas." PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity. SEMI-NUDE: A state of dress in which clothing covers no more than the "specified anatomical areas," as well as portions of the body covered by supporting straps or devices. SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi- nude. SPECIFIED ANATOMICAL AREAS: This means and includes any of the following: A. Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top of the areola; and B. Even if completely and opaquely covered, male genitals in a discernibly turgid state. SPECIFIED ADULT ACTIVITIES: This means and includes any of the following: A. Actual sex acts, normal or perverted, including intercourse, oral copulation or sodomy; B. Masturbation; C. Excretory functions; or D. Actual acts of dismemberment, mutilation or torture of humans or animals. SECTION 3. Applicability. After the effective date of this Local Law, no Town official, Department or Board may accept, review or approve any applications for the conduct or expansion 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, nor shall any such uses be undertaken by any person in such areas during the effective period of this Law unless such use is a pre- existing lawfully established use as of this date. SECTION 4. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 5. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the Municipal Home Rule Law. CORRESPONDENCE NONE TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN TURNER-Noted that Councilman Merrill and himself met with Assessor, Helen Otte noting Ms. Otte would like to do some updating in her department. Would like to meet with the board and make some specific recommendations as to what is needed. Recommended doing this in workshop. Asked if Supervisor Champagne has received anything from Van Dusen & Steves in reference to Cronin Road? SUPERVISOR CHAMPAGNE-Noted he had a request to do some preliminary studies of Cronin Road drainage. Received call from Matt Steves noting estimate for this project would be $4,500.00. COUNCILMAN TURNER-Would like this put on for workshop. COUNCILMAN TUCKER- Noted he was under the impression the Town Board was going to be interviewed by Compro. Received a phone call from the Supervisor's Secretary on Friday noting he was to prepare something for Monday. SUPERVISOR CHAMPAGNE-They can either do that this time around or they can do it during the second Issue. COUNCILMAN TUCKER-Questioned why they changed the process? SUPERVISOR CHAMPAGNE-Doesn't know that they changed it. It is a late start because of the contract that was trying to be put in place and they weren't able to get done everything for the first publication. Can set up another time so they can sit down with each one of us if the board wants that or wait for the second publication. COUNCILMAN IRISH-WouId like them to come in and talk to the board. SUPERVISOR CHAMPAGNE-Noted he thinks what they were asking for is some thoughts and ideas to generate some background in their minds and then they can come in and interview. COUNCILMAN TUCKER-Asked to have a meeting setup with Niagara Mohawk over Queensbury drainage. OPEN FORUM (RESOLUTIONS) JOHN SALVADOR, QUEENSBURY -Spoke to the board regarding the Resolution Engaging the Services of Nace Engineering to design drainage improvements to DunlIam's Bay Road. Questioned if Nace Engineering has been given a scope of work? SUPERVISOR CHAMPAGNE-Doesn't think there has been a scope identified. COUNCILMAN TURNER-Only by hirn. COUNCILMAN MERRILL-He has defined it and it is very general. Design and detailed drainage features to intercept side hill drainage between DunlIam's Bay Road and Route 9L and to collect surface runoff which outlets from 9L to DunlIam's Bay Road. MR. SALVADOR-Noted right now the way the drainage takes place there is no drainage that occurs over his lands into DunlIam's Bay. Does not want the drainage pattern changed so that it flows over his lands. SUPERVISOR CHAMPAGNE-Questioned if he has a problem with the design the board needs to listen to that. Mr. SALVADOR-What will the design do, what are you trying to accomplish? COUNCILMAN MERRILL-Noted Mr. Salvador has described the problems. MR. SALVADOR-Noted the only problems he sees is that the culvert pipe is plugged up across DunlIam's Bay Road and the water is running across the surface of the road into the lake. COUNCILMAN MERRILL-Questioned if Mr. Salvador is saying nothing can be done to correct the situation? MR. SALVADOR-Noted to correct that situation only need to unplug the pipe. COUNCILMAN MERRILL-They are investing in a engineering study to see what they can do to improve conditions there. MR. SALVADOR-Questioned what they see as the problem? COUNCILMAN MERRILL-Sees the problem being farther up the hill by the boat company. MR. SALVADOR-Noted that is a natural occurrence. COUNCILMAN MERRILL-Where it flows down through and eventually flows through his facility.? MR. SALVADOR-It is a natural occurrence. It is undeveloped land, noted he owns half of it, three to five acres. COUNCILMAN MERRILL-Right down through onto the paved road through the boat company picking up oil carrying salt, sand, everything into the lake? MR. SALVADOR-It's been doing it since 1930. COUNCILMAN MERRILL-It's about time to correct it. MR. SALVADOR-Noted his concern that he doesn't want the water running over his land to the lake. It doesn't do it now it didn't do that in times past wouldn't want to see it happen in the future. MRS. SALVADOR-Questioned where will the water go? COUNCILMAN MERRILL-That is why we hired an engineer. Hopes this will be a positive thing, it is meant to improve the water quality that is in front of your property. RESOLUTIONS RESOLUTION APPROVING SALE OF OBSOLETE ITEMS AT AUCTION RESOLUTION NO.: 217.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Facilities Manager has requested permission to sell miscellaneous obsolete items, and WHEREAS, pursuant to ~64(2-a) of the Town Law of the State of New York, the Town Facilities Manager may, with the approval of the Town Board, sell any such items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Town Facilities Manager has submitted a list of Town equipment and furniture to be sold at the Queensbury Office Building on June 20th, 1998 at 9:00 a.rn. (viewing of items to begin at 8:00 a.rn.) by Seelye's Auction Center, and WHEREAS, the Town Facilities Manager has indicated to the Town Board that the miscellaneous items sought to be auctioned are either no longer needed for Town purposes, obsolete, or worn out, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the sale of the obsolete items at the Queensbury Office Building on June 20th, 1998 at 9:00 a.m. by Seelye's Auction Center as set forth on the list that has been presented at this meeting, attached to this Resolution and included with the minutes of this meeting, and BE IT FURTHER, RESOLVED, that all proceeds of the auction will be deposited in accordance with the Town Code and Laws of the State of New York. Duly adopted this 1st day of June, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF THE ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO. 218. 98 INTRODUCED BY: MR. DOUGLAS IRISH MOTION WITHDRAWN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL DISCUSSION HELD SUPERVISOR CHAMPAGNE-Received memo from Town Clerk, Darleen Dougher noting the insurance certificate has not been received. It will have to be past on contingent of receiving the insurance certificate. TOWN COUNSEL, MR. SCHACHNER-Noted the race is not until June 20th, there will be a meeting held on June 15th recommended doing it then. TOWN BOARD-Agreed.. COUNCILMAN IRISH-Withdrew motion. COUNCILMAN MERRILL-Withdrew second. 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. : 218. 98 INTRODUCED BY : Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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 such a contract, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury: 1. That Christopher Round, 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 Mr. Round send one (1) certified copy of this Resolution 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 1st day of June, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF APPLIED GIS, INC. TO PROVIDE GIS SUPPORT SERVICES RESOLUTION NO.: 219. 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 wishes to contract for various GIS (Geographic Information System) support services for the GIS software presently used by the Town of Queensbury Departments of Community Development, Water, Wastewater, Assessment, Highway and Recreation, and WHEREAS, the Town of Queensbury previously contracted with Applied GIS, Inc., in 1997 for these services, and WHEREAS, Applied GIS, Inc., has offered to provide these services for a total yearly amount of $7,650, as indicated in a copy of their proposal dated April 13th, 1998 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the engagement of Applied GIS, Inc. to provide GIS support services through June 1st, 1999 for a total amount not to exceed $7,650, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Town Supervisor to execute the Customer Authorization Form for the services on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of the services shall be paid for from the Central Data Processing Account. Duly adopted this 1st day of June, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE FOR CRACKER BARREL OLD COUNTRY STOREFROM SFR- 10 (SINGLE F AMIL Y RESIDENTIAL - 10,000 SQUARE EET) TO PC-IA (PLAZA COMMERCIAL - 1 ACRE) RESOLUTION NO.: 220.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY : Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically, considering a request for an amendment to the Town of Queensbury Zoning Ordinance by the Cracker Barrel Country Store whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No.'s 98-2-1; 98-3-1; and 98-3-5, located at the corner of Aviation Road and Greenway North and currently zoned SFR-1O (Single Family Residential- 10,000 Square Feet) be rezoned to PC-IA (Plaza Commercial- 1 Acre), and WHEREAS, on or about October 20, 1997, the Town Board of the Town of Queensbury adopted a Resolution authorizing the submission of the aforesaid request to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 13th day of January, 1998, the Planning Board for the Town of Queensbury adopted a Resolution to recommend to the Town Board approval of the Petition for a Change of Zone, with a number of specified conditions, and WHEREAS, on or about the 14th day of January, 1998, the Warren County Planning Board adopted a Resolution to recommend to the Town Board disapproval of the Petition for a Change of Zone, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and Map, it is necessary pursuant to Town Law ~265, the Municipal Home Rule Law, and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed Zoning Amendment has submitted a Long Environmental Assessment Form and completed Petition for a Change of Zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No. 's 98-2-1; 98-3-1; and 98-3-5, located at the corner of Aviation Road and Greenway North and currently zoned SFR-1O (Single Family Residential- 10,000 Square Feet) would be rezoned to PC-IA (Plaza Commercial- 1 Acre) or such other suitable zoning classification as the Town Board may determine, and BE IT FURTHER, RESOLVED, that said public hearing on the issues set forth in the preambles of this Resolution and proposed Local Law, shall be held on Monday, June 29th, 1998 at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting the notice on the Town bulletin board outside the Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Community Development Department to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Community Development Department to arrange for notification to all said property owners of the proposed Zoning Amendment and that a public hearing will be held by mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Community Development Department is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, Warren County Planning Board, and such other communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agency for purposes of SEQRA review, and BE IT FURTHER, RESOLVED, that the Community Development Department is hereby authorized and directed to forward the Application for Rezoning and a copy of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary. Duly adopted this 1st day of June, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION ENGAGING SERVICES OF NACE ENGINEERING, P.c. TO DESIGN DRAINAGE IMPROVEMENTS TO DUNHAM'S BAY ROAD RESOLUTION NO.: 221.98 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 design drainage improvements to DunlIam's Bay Road, and WHEREAS, Nace Engineering P.c., in their letter-form proposal dated May 6th, 1998, has offered to perform the proposed engineering services for an amount not to exceed $2,500 for design and pre-construction services and $65 per hour for engineering services provided during the construction phase of the project, 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 engineering services described above at a cost not to exceed $2,500 for design and pre-construction services and $65 per hour, up to a total amount of $1,500, for engineering services provided during the construction phase of the project, to be paid for from the appropriate account, 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 1st day of June, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:None RESOLUTION AUTHORIZING INSTALLATION OF FOUR (4) STREET LIGHTS ALONG BIG BOOM ROAD RESOLUTION NO.: 222.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to arrange for the placement of four (4) street lights along Big Boom Road in Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the installation offour (4) 150 watt high pressure sodium lights (16,000 lumens) at Niagara Mohawk Pole #'s: 21,23,25 and 27 along Big Boom Road in the Town of Queensbury, with payment for the lighting to be from the appropriate Town account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to make all necessary installation arrangements with Niagara Mohawk Power Corporation. Duly adopted this 1st day of June, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None PLANNED DISCUSSION OLD BUSINESS COUNCILMAN TUCKER-Spoke to the board regarding memo received from the Department of Transportation regarding the increase in CHIPS money questioned how this works? SUPERVISOR CHAMPAGNE-Ordinarily you get funded on your previous years expenditure the further you want to invest the more the CHIPS will pay. COUNCILMAN TUCKER-Questioned if Councilman Turner received an answer regarding the roads in his Ward from the Highway Superintendent? COUNCILMAN TURNER-Noted he is not going to pave it, will be paving what is on the schedule. COUNCILMAN TUCKER-Asked to test the piece of dirt road at the end of Big Boom Road for PCB's noting every road in the Town has had PCB's used on them to keep the dust down. COUNCILMAN MERRILL-Noted PCB's have not been used since the early seventies late sixties maybe in the fifties. COUNCILMAN TUCKER-In 1992 PCB's were found along Peggy Ann Road when they did the curve and when Niagara Mohawk was digging for gas it was found then. COUNCILMAN MERRILL-Questioned how long has Big Boom Road been in existence? COUNCILMAN TUCKER-Have been collecting CHIPS money on it since 1963 even though he didn't have it on his list as a Town road in Ward 4. COUNCILMAN MERRILL-Questioned if Councilman Tucker has any reason to believe that PCB's were used on that road? COUNCILMAN TUCKER-They have been used on all the roads in the Town. COUNCILMAN MERRILL-Noted if Councilman Tucker has any reason to believe they are there then they have an obligation to test. SUPERVISOR CHAMPAGNE-Who does the testing? COUNCILMAN MERRILL-It is an independent test lab. SUPERVISOR CHAMPAGNE-It would be a Town expense. Questioned what was the board's pleasure? Noted if they are going to test one road every dirt road in the Town of Queensbury would need to be tested or paved. Asked if the board wanted him to contact labs for price? TOWN BOARD-Yes. COUNCILMAN IRISH-Questioned what were the Highway Superintendent's intentions on paving just the roads on his priority list? COUNCILMAN TURNER-On the priority list. COUNCILMAN IRISH-Went over the roads and there is only one that we would pave. Noted the people he has talked to on those roads want to know why we're spending this kind of money to pave those roads? COUNCILMAN TURNER-These are roads that haven't been done in ten years. SUPERVISOR CHAMPAGNE-If you look at the paving schedule the schedule reads that every town road gets repaved every ten years. COUNCILMAN IRISH-They should be careful and make sure what they are spending their money on absolutely needs to have money spent on it. It doesn't make a lot of sense to pave a road that could just as easily be cracked filled, noting he hasn't seen a Town road in Queensbury cracked filled. SUPERVISOR CHAMP AGNE-Queensbury has the reputation of having the finest roads in upstate New York. The schedule for every tens years has worked it continues to work. Maintains that spending the dollars to maintain Town roads and keep them in the condition that they are in is not doing a disservice to the taxpayer. COUNCILMAN MERRILL-They can review it at the Highway Committee, but is the Superintendent's call. COUNCILMAN TUCKER-Questioned how much the drainage project is costing up on Pickle Hill Road? COUNCILMAN MERRILL-It is out of the Town Highway funds, doesn't know. COUNCILMAN TURNER-Spoke to the board regarding a memo received from Water Superintendent, Ralph Van Dusen regarding the natural gas line extension for the Water Treatment Plant. Noted last year the Town spent $27,590.00 for propane to heat the Treatment Plant Buildings. If they had been burning natural gas the cost would have been $15,817.00. Mr. Van Dusen has had conversations with Niagara Mohawk regarding extending the gas line up Corinth Road to the facility. It would require us to pay for a portion of the cost approximately $11,000.00. An alternative would be that they would install the pipe at no cost and we perform all site restoration along Corinth Road from Revere Road to the plant, still evaluating the proposal. The board should move in this direction once the evaluation is done. Councilman Turner asked Councilman Tucker if he received a letter from Mrs. Webb on Haviland Avenue in reference to street lights? COUNCILMAN TUCKER-No. COUNCILMAN TURNER-Noted she would like two more street lights. Councilman Tucker and Councilman Turner to take a look at this. SUPERVISOR CHAMPAGNE-If this was to be approved is this part of the general Queensbury lighting? COUNCILMAN TURNER-Either that or it is the West Glens Falls Lighting District. NEW BUSINESS SUPERVISOR CHAMPAGNE-Spoke to the board regarding request from Mr. & Mrs. Davidson from the Queensbury Church of the King asking to use the Center for Church services. Asked where they stand in terms of Church and State. TOWN COUNSEL, MR. SCHACHNER-Most municipalities uniformly reject those requests for that reason. SUPERVISOR CHAMPAGNE-Asked the board where they stand on this? TOWN BOARD-Councilman Merrill, Councilman Turner, Councilman Tucker in agreement Separation of Church and State. COUNCILMAN IRISH-Doesn't have a problem with them coming in if board doesn't want them to it is fine. RESOLUTION DENYING REQUEST OF QUEENSBURY CHURCH OF THE KING RESOLUTION NO. 223. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner Resolution to deny the request to use the Town facility for this religious organization. Duly adopted this 1st day of June, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne Noes: Mr. Irish AbsentNone COUNCILMAN TURNER-Spoke to the board regarding letter received from Mrs. Wynn regarding water problems at 721 Glen Street. EXECUTIVE DIRECTOR, MR. ROUND-Craig Brown has been out to the site noting there is not a lot that they can do to address the concern. Also, noted there is a problem on Foster Avenue which is a continuation of the drainage that travels to that area, DOT is aware of the Foster Avenue situation. COUNCILMAN TURNER-To look at situation. COUNCILMAN TUCKER-Asked that the meter box be removed in Queensbury Forest and the box for the pump. COUNCILMAN TURNER-To discuss this in Highway Committee Meeting. COUNCILMAN MERRILL-Spoke to the board regarding the memo from Recreation Committee regarding Hudson River Park \ Nu Tech. The Recreation Committee made a recommendation to the Town Board that we terminate the contract with Nu Tech Construction. TOWN COUNSEL, MR. SCHACHNER-The memo stated that you need to provide the contractor with written notice of intent to terminate it was a certain day number. COUNCILMAN TUCKER-Seven days and it was to be sent by registered mail, return receipt. TOWN COUNSEL, MR. SCHACHNER-Asked if the Town has done this? TOWN BOARD-No. COUNCILMAN IRISH-Noted they should do that before the resolution. Recommended the Attorney's Office sending the letter. COUNCILMAN TUCKER-Questioned if they have to pass a resolution? TOWN COUNSEL, MR. SCHACHNER-A resolution to send the letter, thinks that is appropriate. The following resolution was passed. RESOLUTION AUTHORIZING TOWN COUNSEL'S OFFICE TO SEND LETTER TO NU TECH RESOLUTION NO. 224. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish Motion directing Counsel's Office to send the seven day written notice letter to the contractor. Duly adopted this 1st day of June, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None AbsentNone TOWN BOARD WORKSHOP COUNCILMAN TURNER-Asked for a resolution for Cronin Road. SUPERVISOR CHAMPAGNE-Asked to have a resolution to provide for $4,500.00 to Van Dusen and Steves to do an engineering study for Cronin Road. The following was passed. RESOLUTION TO HIRE VAN DUSEN & STEVES FOR ENGINEERING STUDY FOR CRONIN ROAD DRAINAGE RESOLUTION NO. 225. 98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill To hire Van Dusen & Steves to do engineering review regarding drainage for Cronin Road for $4,500.00. Duly adopted this 1st day of June, 1998, by the following vote: Ayes: Mr. Irish. Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None AbsentNone DISCUSSION HELD COUNCILMAN IRISH-Questioned what does Craig Brown have at his disposal to keep people from continually violating their site plan? TOWN COUNSEL, MR. SCHACHNER-Violation ofa site plan approval can be cited as a violation of the Zoning Ordinance. He has the typical enforcement tools that he has under the Zoning Ordinance to proceed with a zoning violation. That would include commencing a quasi-criminal action in the Town Court or a small claim civil action in the Town Court. First you would have to issue a notice of violation if that doesn't work he has the quasi-criminal tools that the town enforcement staff has had for many years as well as the civil small claims tool that the town enforcement staff has had six or eight months. If something was determined or if the Town Board or enforcement staff felt that something was of significant magnitude that the Town Court enforcement steps weren't adequate then you also have Supreme Court option available. COUNCILMAN IRISH-Questioned in the approval process contingent upon certain conditions for approval of a CO if those conditions don't materialize can you revoke the CO? TOWN COUNSEL, MR. SCHACHNER-The CO should not be issued. It would probably depend on the time frame and what had happened in reliance on the Certificate of Occupancy. COUNCILMAN TUCKER-Spoke to the board regarding report of removal of PCB's on Corinth Road by the State of New York, Niagara Mohawk. Questioned if they still have the filter at the water plant? SUPERVISOR CHAMPAGNE-Yes. ATTORNEY MATTERS TOWN COUNSEL, MR. SCHACHNER-Three litigation matters for executive session. OPEN FORUM JOHN STROUGH, QUEENSBURY-Spoke to the board regarding the Adult Entertainment Law noting he supports and understands the reasonable intent of the law, but there are certain aspects of the law that need to be re-read to be made better. Noted the following concerns: The one thousand foot restriction, questioned if it is one thousand feet from the property lines or buildings? EXECUTIVE DIRECTOR, MR. ROUND-Interprets it from property line. MR. STROUGH-Noted the following concerns: Will the propose law prevent many motels from showing HBO? SUPERVISOR CHAMPAGNE-No. MR. STROUGH-Would the propose law prevent theaters from showing PG13, R rated movies should they be in that locality? Would the propose law make some chiropractic practices violations? Would they make some spa owners violators? Would the propose law prevent stores from selling magazines or newspapers like Sports Illustrated? Would the propose law allow peep shows with six or more people? Would the propose law hamper artistic displays? Noted the definitions contain in the law he finds vague and over-broad. They invite arbitrary application, thinks their lack of rationale relationship to the legitimate goals therefore is unconstitutional the way it is written. SUPERVISOR CHAMP AGNE- The law as brought up and passed. Noted there is a good reason to believe that there needs to be some amending to the law. COUNCILMAN MERRILL-Noted the law has been modeled after other laws that have stood the test of some courts. EXECUTIVE DIRECTOR, MR. ROUND-Correct. Would gladly entertain any recommendations regarding the law. JOHN SALVADOR, QUEENSBURY -Spoke to the board regarding a cross connection between the City of Glens Falls and Town of Queensbury. Asked that any action that the board or Supervisor takes be on a water district in the Town and not necessarily the citizens of the Town. Recommended segregating cost when something like this is done. SUPERVISOR CHAMPAGNE-Looking at identifying the fees for this. CONTROLLER, MR. HESS-Regarding the contracts for negoiating with the cities they are keeping a log of these. MR. SALVADOR-Spoke to the board regarding repair work on Sweet Road asked the cost and where it is coming from? COUNCILMAN TURNER-Highway, will find out the cost. MR. SALVADOR-Spoke to the board regarding the stormwater project on Cleverdale Road noting Cleverdale Road is a Town road by use. If it is going to be a Town undertaking that becomes a district or municipal utility which cannot be put in a road by use unless you have easements. SUPERVISOR CHAMPAGNE-Correct. MR. SALVADOR-Asked to have a street light installed at the intersection of Dunham's Bay Road. COUNCILMAN MERRILL-Believes this was discussed last year and the decision was..... SUPERVISOR CHAMPAGNE-Not to do it. MR. SALVADOR-Asked to have a resolution to terminate the contract for Nu Tech done tonight then after the seven days you will be ready to move. BARBARA BENNETT, QUEENSBURY-Congratulated the Town for a beautiful job done on the Memorial Day Parade noting it was the best parade Queensbury has ever put on. MR. SALVADOR-Spoke to the board regarding a Queensbury Central Ladder Truck in the Village of Lake George erecting the Americade Banners. MRS. SALVADOR, QUEENSBURY-Spoke to the board regarding the increase in health hazards around houses believes it is the sign of the times where people do not have the money to get rid of the trash. Spoke to the board regarding the condition of DunlIam's Bay Road. COUNCILMAN MERRILL-Noted it is on the paving schedule for this year. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 226. 98 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss three litigation matters. Duly adopted this 1st day of June, 1998, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR MEETING RESOLUTION NO. 227. 98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board adjourns its Regular Town Board Meeting. Duly adopted this 1st day of June, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury