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1999-03-01 REGULAR TOWN BOARD MEETING MARCH 1, 1999 7:00 p.m. MTG.#5 RES.68-81 B.O.H. 8-10 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN OFFICIALS HIGHWAY SUPERINTENDENT PAUL H. NAYLOR DEPUTY DIRECTOR OF W ASTEW ATER MIKE SHAW DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND TOWN ATTORNEY MARK SCHACHNER SUPERVISOR CHAMPAGNE-Opened the Meeting PLEDGE OF ALLEGIANCE LED BY COUNCILMAN IRISH SUPERVISOR CHAMPAGNE- Requested resolution to enter Board of Health RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 67.99 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 moves into the Queensbury Board of Health. Duly adopted this 1st day of March, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH 1.1 PUBLIC HEARING ON SANIT ARY SEWAGE DISPOSAL VARIANCES - JAMES AND ROSEMARY DAVIDSON NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the Public Hearing on the sanitary sewage disposal variance for James and Rosemary Davidson. I see that the Davidson's are here this evening can we hear a little bit more about that either from Dave Hatin or the Davidsons or where ever you want to start. Mr. Jarrett. MR. JAMES DAVIDSON-Mr. Jarrett speaks for us. SUPERVISOR CHAMPAGNE-OK. MR. TOM JARRETT -Good evening my name is Tom Jarrett I am representing the Davidson they live on Assembly Point and they wish to upgrade and replace an existing septic system for their house. The current system has been in use for over twenty years, is under the addition on the north end of the house and they feel that a new system is appropriate at this time. Because it is under the addition and because it is closer to the lake than one hundred feet, we are proposing a system that is currently, that will be behind the house and it requires variances because we are too close to the property line and too close to a well on the opposite side of Assembly Point Road. The proposed system is approximately eighty six feet from the existing well from the property on the far side of the road. The new system would utilize a new septic tank and a new pump station located immediately behind the addition on the north side of the house and then it would be, the effluent from that system would be pumped up to a new leaching system in the lawn area behind the house. Now, the reason we need a variance from the property line to the south is that there is a clump of birch trees in the back yard that we would like to save. So, we are proposing to be eight feet from the property line instead of ten feet. SUPERVISOR CHAMP AGNE- Thanks Tom, David you want to jump in at this point? DIRECTOR HATIN-Tom has pretty well explained it, this is the best situation we can get given the constraints of the lot with the neighboring well across the street it was the maximum distance we could obtain. There is a retaining wall that shows on the plan that you see there that would not allow us to go any closer to the retaining wall so therefore that is why the variance from the neighbors well. You do have a release form in the packet I believe from the neighbor across the street. SUPERVISOR CHAMPAGNE-Is there anyone here opposing this proposal? Board Members, anything more to add? COUNCILMAN MERRILL-I see no problem with it, it looks like it is well engineered and it is the best solution in replacing an older system that is non-compliant. COUNCILMAN IRISH-One question, on the, on your plan Tom, it says that the well across the street the location was not documented but then you have a hand written note here, did you locate the well or after the fact? MR. JARRETT -Yes, Actually I did not know exactly where it was I went out with Dave and we found it and then I measured it and we wrote it in my hand at the last second... + or - COUNCILMAN IRISH-My other question would be why couldn't we move the leach field two feet toward the trees and two feet away from the property line so that you would not need the, that additional variance on that side? MR. JARRETT-We definitely want to keep that clump of birch trees it is a glorious clump of birch trees if we find in the field that we can get closer without disturbing many roots, we can make that call in the field but I hate to get too close to that right now, it is a very large clump of trees. COUNCILMAN IRISH-How large are the trees? MR. JARRETT-It is a clump of! think five MRS. DAVIDSON-Six MR. JARRETT-I stand corrected. COUNCILMAN IRISH-What is the diameter of the trees? MR. JARRETT -Overall, it is about five feet. COUNCILMAN IRISH-Ok. So, it is an old one. Are you drawing water out of the lake now, there is no well on the property? MR. DAVIDSON-From the lake. DIRECTOR HATIN-All the property owners along the lake are. SUPERVISOR CHAMPAGNE-So, that property with the eight foot requiring the variance who is that, is that, that would be to the south is that correct? MR. JARRETT-That is too the south, that is correct. MR. DAVIDSON-Wagar and Weinman Jim and Linda Wagar, she used to be a Weinman SUPERVISOR CHAMPAGNE-Ok. Anything else from the Board? Closed the Public Hearing. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCES FOR JAMES AND ROSEMARY DAVIDSON RESOLUTION NO.: 8,99 B.O.H. INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, James and Rosemary Davidson previously filed an application for two (2) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that variances be granted to allow: l.the absorption field to be located eighty-six feet (86':!:) from the well line in lieu of the required one- hundred feet (100') setback; and l.the absorption field to be located eight feet (8') from the property line in lieu of the required ten feet (10') setback; 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 requests on March 1st, 1999, 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 variances, it is felt that the variations would 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 variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances 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 approves the application of James and Rosemary Davidson for variances from the Sewage Disposal Ordinance to allow: l.the absorption field to be located eighty-six feet (86':!:) from the well line in lieu of the required one- hundred feet (100') setback; and l.the absorption field to be located eight feet (8') from the property line in lieu of the required ten feet (10') setback; on property situated at 73 Assembly Point Road, Queensbury and bearing Tax Map No.: 6-1-10. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None 1.2 PUBLIC HEARING ON SANIT ARY SEWAGE DISPOSAL VARIANCE NEIL HAVERLY NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the public hearing on the sanitary sewage disposal variance for Neil Haverly. Tom do you want to do your same thing there, I guess. MR. TOM JARRETT -On this application we are representing the Haverly's located on Cleverdale. They have an existing home with a septic system that evidenced problems last fall, I was called in to try to get to the bottom of those problems we found that there were some pump problems and potentially problems with the existing leaching fields. Mr. Haverly requested that we come up with a proposal to upgrade his system at that time and in fact enlarge it because his use is actually larger than what the existing system was designed for. What you see in front of you is a system that is designed for five bedroom use, equalivant of five bedrooms use. Because the lot is small and the configuration is tight we need variances, three variances from the property line to the north a variance from the road right of way and a variance from set back to the structure. Instead of twenty feet from the structure as required by code we are proposing eighteen feet. The system now would be constructed, it would be raised somewhat higher than the old system was to achieve the required clearance the required vertical separation to ground water and would be larger than the old system. Questions? SUPERVISOR CHAMPAGNE-The house that is currently existing there on the lot that is a five bedroom home at this point? MR. JARRETT-I will let the owner speak to you. MR. HA VERL Y - I bought it as a three bedroom home it is quite large I just wanted to upgrade that, the system ... COUNCILMAN IRISH-It has failed now, the system? MR. HAVERLY -Yes. I have not been there all winter... COUNCILMAN TURNER-Tom you have got to bring fill in to upgrade the system? MR. JARRETT -Somewhat there are some soils beneath the old leach field that are very tight very... we want to remove those soils and bring in better fill for that and we are going to raise the system at least six inches above what it was before. SUPERVISOR CHAMPAGNE-David do you have something to add to that? DIRECTOR HATIN-No, I think the urgency here is the failed system. This house is basically unusable with the system that is there now, because it does fail after use. COUNCILMAN IRISH-What is the existing septic tank that is there, a thousand gallons? MR. JARRETT-There is a thousand gallon tank and then a pump station and then a leach bed for three bedroom. COUNCILMAN IRISH-You are going to convert an the existing thousand gallon tank to a pump station or the other way around? MR. JARRETT-We are adding another thousand gallons in septic tank capacity we are going to have two thousand gallons of capacity fifteen hundred is the minimum but we are going to have two thousand. We will be replacing one of the septic tanks with a pump station kind of a tough configuration here, and then pumping into three separate leach beds, equal flows to three separate leach beds. DIRECTOR HATIN-The Board should also bear in mind that this system is larger than what is required, like they said it is a three bedroom so technically they could go smaller. They have requested a larger system. SUPERVISOR CHAMPAGNE-Is there an option to increase the size of the three bedroom to a five bedroom with the size of the property without some serious variances? DIRECTOR HATIN-I do not believe anything would be required, I am not familiar with the layout of the house it has been a long time since I was in the house but, when it was built about four years ago, five years ago. MR. HAVERLY 1994 DIRECTOR HATIN-I have not been in the house sense I cannot remember the exact configuration of the house. SUPERVISOR CHAMPAGNE-Anything from the Board? COUNCILMAN TUCKER-What is the condition, setbacks for the old system? Are they standard or less than standard? DIRECTOR HATIN-I believe that the old system was put in, it was not that old when the house was rebuilt and a brand new structure was put on that is why we allowed to maintain the existing structure because it did meet todays standards. COUNCILMAN TUCKER-Does the old system meet all the setbacks? DIRECTOR HA TIN -Yes. I believe that it does. COUNCILMAN TUCKER-It does? COUNCILMAN IRISH-It is just not big enough for the house? DIRECTOR HATIN-One reason that it failed, Tom can better answer that than I can. MR. JARRETT-The usage that the Haverly's were making of the property exceed the capacity of that system in our opinion and I do not think that the old system was constructed the same way we would construct it today. For a combination of reasons it failed. COUNCILMAN IRISH-Is there a way to install, remove the old system and install a new without all the variances that are needed to do it this way? MR. JARRETT-Not and go as large as we feel that we need to accommodate their use. The new system is going in essentially the same location as the old however the new one is larger so it encroaches on the road right of way and the property line. SUPERVISOR CHAMP AGNE-I guess the one variance is number two, item number two where we are talking about a four plus or minus feet from the right of way is that right of way that you are identifying here and I am not sure I am seeing it on a map, But is that right of way at the edge of Cleverdale Road or is it twenty five feet off the center line, where is the edge of the right of way in your measurement here? MR. JARRETT-We SUPERVISOR CHAMPAGNE-If it is the edge of road we are getting pretty tight. MR. JARRETT-We have identified the right of way I believe five feet inside, outside the edge of pavement, it is not the edge of the road. DIRECTOR HA TIN-The actual field would be about ten feet off the road. SUPERVISOR CHAMPAGNE-Any other concerns on the part of the Board, anyone from the public care to speak? MR. LOU STONE-Where was the, I did not hear? COUNCILMAN IRISH-In your back yard, Lou, you were not noticed? SUPERVISOR CHAMPAGNE-Cleverdale Road, can you be a little more specific than that? DIRECTOR HA TIN-It would be just north of Mason Road on the right hand side. SUPERVISOR CHAMPAGNE-Closed Public Hearing... RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCES FOR NEIL HA VERL Y RESOLUTION NO.: 9.99 B.O.H. INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, Neil Haverly previously filed an application for five (5) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that variances be granted to allow: l.the absorption field to be located seven feet (7':!:) from the property line in lieu of the required ten feet (10') setback; l.the absorption field to be located four feet (4':!:) from the right-of-way in lieu of the required ten feet (10') setback; l.the septic tank pump station to be located seven feet (7':!:) from the property line in lieu of the required ten feet (10') setback; l.the force main to be located five feet (5':!:) from the property line in lieu of the required ten feet (10') setback; and l.the absorption field to be located eighteen feet (18':!:) from the foundation in lieu of the required twenty feet (20') setback; 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 requests on March 1st, 1999, 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 variances, it is felt that the variations would 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 variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Neil Haverly for variances from the Sewage Disposal Ordinance to allow: l.the absorption field to be located seven feet (7':!:) from the property line in lieu of the required ten feet (10') setback; l.the absorption field to be located four feet (4':!:) from the right-of-way in lieu of the required ten feet (10') setback; l.the septic tank pump station to be located seven feet (7':!:) from the property line in lieu of the required ten feet (10') setback; l.the force main to be located five feet (5':!:) from the property line in lieu of the required ten feet (10') setback; and l.the absorption field to be located eighteen feet (18':!:) from the foundation in lieu of the required twenty feet (20') setback; on property situated on Cleverdale Road, Queensbury and bearing Tax Map No.: 13-3-26. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 10.99 B.O.H. 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 the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 1st. day of March, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None TOWN BOARD MEETING 2.0 PUBLIC HEARINGS 2.1 1999 Emergency Ambulance Service Agreement - West Glens Falls Emergency Squad Inc. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the Hearing... Ok. Introduce yourselves and lets hear. MR. BILL ALLEN-I am Bill Allen President of the West Glens Falls Emergency Squad this is Kim Dickinson she is Vice President of the West Glens Falls Emergency Squad. Signing of the Contract for the Town for the year 1999. SUPERVISOR CHAMPAGNE-Henry you want to try walk us through this so that the public is up to speed as to where we are moving the direction we are going in here. CONTROLLER HESS-There are several things about the contract as this is the second one that we have completed this year the first one was Bay Ridge and like Bay Ridge there are some changes in the language, but they are not significant changes except for changes in the way we are tying the payment schedule to administrative performance for the squad. Last years budget for the squad, was one sixty seven three fifty and the budget we are proposing this year is one hundred and seventy two thousand seven hundred dollars. There are two in addition to the standard language of the contract there is a memorandum of understanding that would be separate from the contract, this squad along with another one in town is interested in pursuing bill for service to enhance their revenue and also to generate some tax relief for the taxpayers in the town. I am not sure where that will take off we are having some legal research done we are going to be having meetings on that sometime during the course of the year. But in addition to the standard language of the contract we are proposing a memorandum of understanding that simply says when the squad is ready to come with a proposal for bill for service that the Town Board will sit down with them and discuss that and possibly open the contract for negotiations to complete the year if it happens before the end of the year. Basically other than change in the amount from one sixty seven to about one hundred and seventy two or three point two percent increase and the change in language of the memorandum of understanding there is really nothing significant about the contract the way it changed from last year. SUPERVISOR CHAMPAGNE-Is there anything more that you folks would try to add to that? MR. ALLEN-The only thing Henry, I think you touched on was the payment schedule will be different? CONTROLLER HESS-Yes, what the, I do not have it here but in past years we have issued two payments for the squads and this years we are proposing, there will be one due immediately upon signing because it was due in January has been signed, one in May I believe and the final one in August. Well in advance of the squads, the needs of the squads cash, each of the squads cash needs, what we have done is taken the operating funds and divided it into thirds and made three payments to the operating fund. The first payment will include all of the insurance money that they need for the year so that they have, as most of the insurance are due something in March or April so they have that and it will not effect their cash balances and then the other variable, their vehicle fund and for squads that have a purchase pending during the year that will be paid by the town to the squad when the money is needed for a vehicle purchase, if it is not needed for a vehicle purchase that year it will be added to the August payment. But, that is the change. SUPERVISOR CHAMPAGNE-Can you or maybe you care not too, but, give me, the Board a little in sight here in terms of your projection for third party billing as you see it coming down the road, where are you, at what point do you see this happening in 1999 the year 2000 where are we with this with what. . . MR. ALLEN-We are really at the very beginning stages. The agency is looking the possibility of third party billing, as well as some other agencies are. We had one company come in and give us a guesstimate basically of what it would cost us for us as an organization to go to third party billing. As far as that, that is as far as we got we have no base figures no zoning or anything like that at this point in time. The only thing was ask for that part was if per chance we do find something within the next six months that we could come back to the town and ask the town as Henry said, you know this is what we are proposing and if it would go or not. As far as any third party billing as of yet we haven't really got off the ground with it. It has been kind of, this is really the year that we are looking in to it. So, I am guesstimating again that it will be probably be a year, year two thousand or two thousand and one before we really get rolling with it if we get all of our, for lack of ducks in a row you might say. That is where we stand with that. CONTROLLER HESS-I would like to comment, we asked Town Counsel to do some research for us, because the issues here are complex because they effect the towns funding. The town buys, the town funds aids the five fire companies and three ambulance squads one hundred percent of the funds they need to provide medical or emergency service in the Town of Queensbury. It is, people through out the Town are taxed uniformly because there is only one district. So, when third party billing comes into effect we have to be careful as to what the impact would be on users of the service and what the impact all ... would be for users, for taxpayers throughout the town. So, its probably more of an obstacle more of a problem for the town to work out the details than it might be for the squads because there is a case where they can go out and hire the service and start the billing process. As we found out from Town Counsel today that money raised through third party billing is must be accounted for by the Town because it is considered part of the Town revenue in lieu of taxes. So, that is a mechanism that we have to work through. Once we get these contracts squared away in the next month or so I expect to hold a meeting for all the squads together and sit down and have a frank discussion about what their intention is. I think it has been intention of the Town Board to enable this to facilitate third party billing. I certainly think that is where we are leaning but we have to find a way through this maze of obstacles and I do not want to say that they are hard obstacles but there ones because we do not have we have three squads servicing different parts of the town but yet we only have one taxing district it is an obstacle it is a concern that we have to work our way through so that, I think that is really the big problem with this. SUPERVISOR CHAMPAGNE-I would just like to say that this is not the first time this has come to the table I guess as I look back three years there has been discussions on third party billing over the last, at least three years and I personally have done some reviews especially with Colonie and I am sure Colonie is the model if you will of third party billing now I do not know if their particular operation is divided up into three separate districts or whether it is all one Colonie district and all squads participate in the single district, but I understand you know the complexity of the issue, don't get me wrong, but Queensbury is not the first community to jump into this where as others have done it. To be perfectly honest with you I look at it as a realistic way if you will to help fund your service and I think that in particular your company dealing with the kinds of situations that arise on the Northway with a lot of out of staters a lot of folks out of the community and we are having to pick that up. Our local taxpayers are having to pick that up so if you look at that side of the ledger and then you compare it over here with what would happen if we did have third party billing I can see some real savings on the part of the taxpayers in the Town of Queensbury. I think that that is critical and I for one would like to work diligently really hard with you folks along with Henry to really put this in place and set a goal if we can get the three captains together or the directors and say by January 1 of 19, January 1, 2000 we ought to have something close to putting this thing in place, because it is becoming a high cost operation and there is no question about that. There is going to come a time when in my opinion we are going to need some full time operations out there I do not know whether it is an ambulance parked in the middle of Queenbury or whatever it is going to take but I am all for the volunteer system it is working great and I have no real serious problems with it. But, when it comes to costing out dollar for dollar when it comes to having that ambulance ready with all the high tech stuff that is available and the high quality of service that you folks perform it would be awfully nice to have that gate open when that whistle blows and you are there. That is not to say that we are not doing the best job we can, we are, but I just feel strongly that there is room for improvement. CONTROLLER HESS-You use the term third party billing and I am not sure what that means because I do not know who the third party is? This first party is the person who provides the service the second party is the one that receives the service it is my understanding it is bill for service you are going to bill the person that received the service. Third party when we think about it is the insurance company but they are not really a factor in this because we would be billing the person who received the services if they have insurance the insurance company they bill it for them, so I think third party billing is really misnomer we are really billing the person that received the service. Secondly, is the talking about the desire to get this done I know there has been some discussion about it for the past year and a half, the fact is the town has not taken the initiative what you are proposing is the town take the initiative on this where really the initiative so far has been taken by the two squads. I think that is probably the most effective way to get it done because they are the ones that are going to administer it although the town may have a hand and I am sure will have a hand in administrating the billing and the collection but at least the accounting of the billing and collection we will be obligated to do that whether we actually to state in that function or not we have to account for it by law. But, the initiative has been by the squads and what I am hoping to do over the next couple of months is to sort of bring the squad together two squads have taken a strong initiative yet they have not gotten in the same room together to talk about how a similar operation or the same operation would effect both of them. I think the towns initiative is going to be to bring them together so that their initiative can be to come out and propose something that works and that we could buy into. SUPERVISOR CHAMPAGNE-I think our goals are mutual, I think we have mutual goals, to do what really needs to be done for our citizens and I think that is what is important it is a matter of bring everyone to the table at the same time and just talking it out. Ok. Anyone for the public having anything more to add. Yes, Sir. MR. JAMES WEBB, Captain of the Emergency Squad. I hear a lot of issues that come up with the board but we have not met, we have not had a meeting with you people what so ever to find out just what you expect of us. Now, it is fine to go through Henry but I have dealt with contracts for the last thirty years it is nice to meet with you people to have an idea of what you want. I get the impression sometimes that through Henry that you do not want all the hi tech stuff you are not willing to pay for this all this hi tech stuff that we are trying to provide you I do not think that is the truth. I think the people of the Town of Queensbury which you represent want that kind of service. CONTROLLER HESS-Let me just mention we had a meeting scheduled between the board and the squad some time ago the squad was not prepared to hold that meeting and it was canceled. MR. WEBB-We did not cancel that meeting not at all. I do not mean to get into a debate with Mr. Hess but at any rate we have not met over the whole contract negotiations with the whole contract SUPERVISOR CHAMPAGNE-No, we understand that MR. WEBB-But, the problem is we need to talk to you about these things so we know what direction to go in also. SUPERVISOR CHAMPAGNE-I think the communication system and I have been around here for enough years to know going back to when, certainly you did spend time with the board and we walked through this together I think what has happened this year, I do not think, I know, that through Henry bringing this back to the Board as our spokesperson I think we got to where we need to be and I think this board is very content feel very comfortable with what we have right now for a contract, however by all means if we are talking third party billing or if you have some other issues that you feel need to come to the table I think that this board is wide open, ready willing and able to sit with you and certainly discuss any issues. MR. WEBB-The problem is we do not know what you are looking for with the EMS service. I have no idea, I am only going through hear say ok, I need to talk to you people to find out what you want for a servIce. SUPERVISOR CHAMPAGNE-We can do that. Ok. Anyone else? Thank you very much...Hearing Closed. RESOLUTION AUTHORIZING 1999 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 68,99 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, in accordance with (184 of Town Law, the Town Board of the Town of Queensbury may contract with an ambulance service certified or registered in accordance with Article 30 of the Public Health Law for general emergency ambulance service within the Town of Queensbury, and WHEREAS, the Town and West Glens Falls Emergency Squad, Inc. have negotiated terms for a new Agreement for general emergency ambulance services, and WHEREAS, ~184 of the Town Law and ~209(b) of the General Municipal Law require that the Town conduct a public hearing prior to entering into agreements for emergency ambulance service, and WHEREAS, the Town Board held a public hearing concerning the proposed 1999 Agreement between West Glens Falls Emergency Squad, Inc. and the Town of Queensbury on March 1st, 1999 and all interested persons were heard, and WHEREAS, the proposed 1999 Agreement is fair, reasonable and in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and enters into the 1999 Emergency Ambulance Service Agreement with the West Glens Falls Emergency Squad, Inc. as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None 3.0 CORRESPONDENCE Petition presented to the Town Board-objecting to a proposed five-lane highway in the Exit Corridor that has been mailed to Rep. John E. Sweeney. I feel that you too should be aware of the neighborhood's feelings in this matter. Sincerely, Lois A. B. Hammond (petition placed on file) Mrs. Hammond is present MRS. LOIS HAMMOND-Responsible for organizing the petition against the proposed five lane highway in the Exit 18 Corridor.. . noted Mark and Gina Cozzens helped circulate petition.. . read in Post Star, January 21st, Transportation Council was going to vote on accepting the recommendation to go forward with three lanes, that is what most of the people were lead to believe at the last public meeting at the fire house. On the following day I read that they had decided to table the action on the project until the first week in March, due to the urging of half a dozen business leaders, questioned where the leaders were at the last year's public meetings that the residents and business owners in the area attended. After reading the February 12th article in the Post Star, about taking the five lane highway and adding curves to it to cut costs. Noted she wanted to see how the residents felt, the petition was signed by two hundred and sixty seven names on it against the five lanes we ran across ten people who were in favor of five lanes and would not sign and half a dozen still undecided. The Warren Co. Public Works Committee met last week and proposed a resolution supporting a three lane highway so as not to lose the Federal moneys, this will go to the Board of Supervisors on March 12th. I urge the Queensbury Town Board to pass a resolution either against a five lane highway or support the three lane highway. We do not want to improve the Glens Falls economy on the back of Queensbury's taxpayers. We are all for a good economy in Warren County and the whole are but this seems to be targeting one area a little too much. The State says three lanes is sufficient and safe for the motorist and the public so lets move forward with the three lanes. SUPERVISOR CHAMPAGNE-I moved this last Friday at a meeting we had with the business folks that had proposed this to the five lane I moved that we very definitely need to have some additional meetings with the public, the Chamber along with the seventy five or one hundred people that were at the meeting over the past two and a half years to meet together and try to understand one another position. I think the three lane is on the table right now I think our goal is to proceed ahead with that plan with the understanding that if a five lane should or could come on the scene further down the road it may be adaptable to that. COUNCILMAN IRISH-Bill Remmington Warren Co. D.P.W. I liked his idea he is thinking about going with a three lane with an overlay zone so that in the future if any new construction or road widening had to happen any new businesses that had located there would have had to build their businesses off the roadway enough that they could do a five lane expansion, is that something you people could get behind? COUNCILMAN TUCKER-That is already there. MRS. HAMMOND-I think that is a good idea.. . new people coming in would be made aware of that possibility, noted she did not know if that would be acceptable to the residences that already exist.. SUPERVISOR CHAMPAGNE-Noted the Transportation Council will be meeting on March 4th. Meeting with residents tentative date March 29th or 30th at the firehouse... MRS. MARY WELCH-Business person on Route Corridor, noted they were thinking of expanding the business, need to know what you are going to do. . . noted business is suffering due to the waiting, what kind of relief are you going to give me for this. SUPERVISOR CHAMPAGNE-Actually it will be the Warren County Board that will have the final decision, the Town Board will only have input. You should attend the meeting on March 12th with the Warren Co. Board and make the same request. MR. TIM BREWER-Candlebury Drive Why does Warren County make the decision on a road in the Town? SUPERVISOR CHAMPAGNE-It is a County road, they will be paying for whatever portion the State doesn't pay for. COUNCILMAN TUCKER-The money has already been approved for a three lane. I would like a report read into the minutes, dealing with a business I run at my residence on Division Road. Mr. Naylor was doing an addition on his house and I was questioned by a constituents if he had a permit or not and I came to Chris Round and ask and Chris Round said he did not need a permit and at that very moment Mr. Naylor asked Chris Round to check on my business that I am running out of my residence and Chris did an investigation and I would like the report read into the record. Ltr.- February 23, 1999 Mr. Paul Naylor 15 Division Road Queensbury, N.Y. 12804 Re: 41 Division Road Operation of Commercial Enterprise Dear Mr. Naylor: Our office completed an investigation of the 41 Division Road residence owned and occupied by Mr. Pliney Tucker. The investigation was in response to your compliant (received October 1998) Mr. Tucker was operating a General Contracting business at the Division Street address, and storing a backhoe at his residence. The property in question is currently zoned Suburban Residential -SR -20 Section 179-19. Craig Brown of our office visited the site during October of 1998 and found no violation of the Town's zoning ordinance. Attached is a memo from Craig identifying his findings. Generally, an individual may store one (1) commercial vehicle at his property without it constituting operation of a commercial business. Based on Craig's report Mr. Tucker has been operating his contracting business from his home since the 1960's and therefore could be interpreted as continuation of a non- conforming use. Please contact me if you have any additional concerns. Sincerely, Town of Queensbury /s/ Chris Round Director of Community Development MEMORANDUM TO: Christopher Round, Executive Director FROM: Craig Brown, Code Compliance Officer DATE: October 20, 1998 RE: Tucker/Commercial Business Dear Chris: In regards to the above, I offer the following: After discussion with Mr. Tucker, it is apparent that the Commercial Business in question, (General Contracting and Excavation) has been in operation for a several years and the uninterrupted continuance may allow Mr. Tucker to maintain the non-conformity. Additionally, the presence of one commercial vehicle on a residential property does not represent a violation of the Zoning Ordinance. Please contact me if you wish to discuss this further. 4.0 TOWN COUNCILMEN'S COMMITTEE REPORTS COUNCILMAN IRISH-Harron Cable Committee Meeting-Internet capabilities forthcoming before the end of the year. COUNCILMAN TUCKER-May 1st the transfer stations will be taking tires for free...this will be published in the paper. COUNCILMAN TUCKER-Reported on the logging being done at the Pine View Cemetery, great job.. COUNCILMAN MERRILL-Reported on Greater Glens Falls Transit Advisory Committee met on February 11th. Reviewed 1998 operations, and goals for 1999, private sponsors are supplying bus shelters: two at Great Escape, two at the Factory Outlets and two up on Lake George. Expecting deliver of three busses in March and a fourth one in July... three new trolley's by the end of May... Crandall Library expansion committee of which I am the town representative, on the 24th of February, Jack Irion Chairman made a presentation to the library trustees, .. . motion made the main structure will stay and authorize the committee to investigate satellites in Queensbury and Moreau was approved... 5.0 OPEN FORUM RESOLUTIONS No one spoke 6.0 RESOLUTIONS RESOLUTION RESCINDING RESOLUTION 28,99 AUTHORIZING AMENDMENT TO 1998 TOWN BUDGET RESOLUTION NO.: 69,99 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town Board of the Town of Queensbury previously adopted Resolution No.: 28,1999 which Resolution authorized amendments to the 1998 Town Budget, and WHEREAS, the Town Comptroller's Office has recommended that the Town Board rescind Resolution No.: 28, 1999 as the Board authorized the necessary budget amendments in Resolution No.: 49,1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolution No.: 28, 1999, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF A PORTION OF ESCROW FUNDS IN CONNECTION WITH QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.2 RESOLUTION NO.: 70.99 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town Board of the Town of Queensbury, by Resolution No.: 307,98, established, authorized and approved the Queensbury Technical Park Sewer District Extension NO.2 to the Queensbury Technical Park Sewer District, and WHEREAS, at this time, the Town Board also authorized and executed an Agreement with the Developer, Amerada Hess Corporation, concerning the Sewer District Extension, and WHEREAS, as part of the Agreement, Amerada Hess Corporation agreed to deposit funds in escrow with the Town to cover costs related to construction of the sewer facilities, engineering and other related expenses, and WHEREAS, the Town's Deputy Director of Wastewater has advised the Town Board that the Sewer District Extension was constructed and inspected in accordance with the Agreement between the Town and Amerada Hess Corporation and therefore has recommended that the Town release the escrow funds (with interest) to Amerada Hess Corporation minus a sum to be held by the Town to cover a one-year guarantee, Glens Falls Wastewater Treatment Plant Buy-In Costs, and four (4) items listed on a punch list generated by the Town on December 18th, 1998 and given to the Project Engineer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of escrow funds with interest to Amerada Hess Corporation, which sum shall be the net result of the $28,664 deposit plus interest, minus the guarantee, buy-in and outstanding punch list fees as designated on the Deputy Director of Wastewater's Memo to the Town Board dated February 11, 1999 and attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes retention of the fund balance described above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office and/or Department of Wastewater to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION REAPPOINTING MEMBERS TO TOWN RECREATION COMMISSION RESOLUTION NO. 71.99 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, the terms of Recreation Commission members Charles Maine and Mark Schachner are about to expire and Mr. Maine and Mr. Schachner wish to be reappointed to the Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Charles Maine and Mark Schachner to serve as members of the Town of Queensbury Recreation Commission until such terms expire on December 31 st, 2004. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AFFIRMING CONSISTENCY OF THE GLEN AT HILAND MEADOWS PROJECT WITH THE HILAND PARK PLANNED UNIT DEVELOPMENT RESOLUTION NO. 72. 1999 INTRODUCED BY MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS The Glen at Hiland Meadows, Inc is seeking approval from the Town of Queensbury to construct a not-for-profit senior retirement community on Meadowbrook Road in the Town of Queensbury, and WHEREAS, The Glen at Hiland Meadows, Inc. has requested that the Queensbury Town Board affirm that this proposed project is consistent with the Hiland Park Planned Unit Development as approved by the previous Town Board on January 14, 1987 by Resolution No. 212.87, and WHEREAS, the Executive Director of Community Development has reviewed the proposed project to be sure it is in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed project is consistent with the Hiland Park PUD so that the proposal will be able to move forward through the site plan review process as administered by the Queensbury Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby affirms that the proposal by The Glen at Hiland Meadows, Inc. to build an assisted living facility on Meadowbrook Road in the Town of Queensbury is consistent with the Hiland Park PUD as approved by Town Board Resolution 212.87, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to present a copy of this Resolution to The Glen at Hiland Meadows, Inc. and the Town Planning Board and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Director of Community Development -The PUD is approximately ten years old our ordinance allows and requires applicants that develop a PUD to come in front of the Town Board in advance of sale to another party and notify the Town Board they are selling. The Hiland Park PUD is basically a sketch plan and certain areas have been designated for certain uses and this area that the Eddy has purchased was designated a congregational care as an Adult Assisted Living Facility. Their proposal is consistent. Our larger concern is divestiture of land in an unorganized fashion would not allow the PUD to develop as it was originally envisioned and each time somebody purchased a portion that they have to come in front of the Town Board receive you affirmation of consistence then proceed through the site plan review process. Supervisor Champagne-This puts the new owner on notice that there are certain layout of the PUD that the town believes are critical.. . Mr. David Welch-Environmental Committee Member-One of the things that was part of the PUD was the ability to have some linear trails across that development, part of them following the brook, part of them was included in the bike trail mapping that was originally done, I have no objection to approving the motion as presented but as the plot plan is developed we should make sure that we keep the easement etc. to keep those right of ways available. RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR CHARLES VROOMAN, III 44 PINELLO ROAD, QUEENSBURY RESOLUTION NO.: 73.99 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, in accordance with ~113-12 of the Queensbury Town Code, the Town Board of the Town of Queensbury is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Charles Vrooman, III has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace his mobile home located at 44 Pinello Road, Queensbury with a new, larger mobile home, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on March 15th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the application by Charles Vrooman, III for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 44 Pinello Road, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting, post the Notice on the Town Clerk's bulletin board and mail the Notice to the Town Planning Board Chairman, at least ten (10) days prior to the hearing. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING JOEL CLUGSTONE TO CARRY OVER NINE UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 74.99 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, Joel Clugstone, Building & Codes Enforcement Officer, has requested that he be allowed to carry over nine (9) vacation days beyond his April 3rd employment anniversary date to facilitate adequate coverage in the Building and Codes Department, and WHEREAS, Mr. Clugstone will utilize these nine days from April 13th through April 23rd, 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Joel Clugstone to carry over nine (9) vacation days, such vacation days to be utilized prior to December 31, 1999. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON NAOMI POLITO'S APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET RESOLUTION NO.: 75.99 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY: MR. DOUGLAS IRISH WHEREAS, Naomi Polito has submitted an application to the Town Board of the Town of Queensbury for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 7th, 1999 through June 13th, 1999 to sell motorcycle products in the parking lot located at 1652 State Route 9, Queensbury, from 9:00 a.m. to 10:00 p.m., in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously forwarded the application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, on or about February 16th, 1999, the Queensbury Planning Board adopted a Resolution recommending approval of Ms. Polito's application, and WHEREAS, on or about February 10th, 1999, the Warren County Planning Board also recommended approval of Ms. Polito's application with the condition that Ms. Polito coordinate traffic control with Lieutenant Piper of the Warren County Sheriffs Department, and WHEREAS, the Town Board of the Town of Queensbury wishes to schedule a public hearing on the application as is also required by Chapter 160 of the Town Code, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, March 15th, 1999 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury to consider Naomi Polito's request for a Transient Merchant/Transient Merchant Market License and at such public hearing all interested persons shall be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide Notice of the Public Hearing to Ms. Polito and owners of property within 500 feet of the applicant's property by regular mail and also publish the Notice in the official newspaper of the Town a minimum of ten (10) days prior to the time of the hearing.. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY GUST AF MYHRBERG FROM SFR-20 (SINGLE F AMIL Y RESIDENTIAL - 20,000 SQUARE FEET) TO HC-IA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 76.99 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED ITS ADOPTION SECONDED BY : MR. RICHARD MERRILL WHEREAS, the Town Board of the Town of Queensbury is considering GustafMyhrberg's request for an amendment to the Town of Queensbury Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 108-1-30 and 108-1-29.2 and located on Everts Avenue in the Town of Queensbury from SFR-20 (Single Family Residential- 20,000 Square Feet) to HC-IA (Highway Commercial - One Acre), and WHEREAS, on or about January 25th, 1999, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about February 16th, 1999, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about February 10th, 1999, the Warren County Planning Board also recommended approval of the Petition for Change of Zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, March 15th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the proposed amendment to the Town of Queensbury Zoning Ordinance and Map whereby properties bearing Tax Map No.'s: 108-1-30 and 108-1-29.2 and located on Everts Avenue in the Town of Queensbury would be rezoned from SFR-20 (Single Family Residential - 20,000 Square Feet) to HC-IA (Highway Commercial - One Acre), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and 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 this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION ESTABLISHING CENTRAL FLEET INTERNAL SERVICE FUND AND AMENDING 1998 TOWN BUDGET RESOLUTION NO.: 77.98 INTRODUCED BY: MR. RICHARD MERRILL WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, during the 1999 budgeting process, the Town Board of the Town of Queensbury established an appropriation for Department 1640 Central Fleet Management which appropriation was to provide for the creation of a Fleet Management System, and WHEREAS, the Town Comptroller has advised the Town Board that it must now establish a Central Fleet Internal Service Fund as prescribed by the New York State Uniform System of Accounts, and WHEREAS, the Town Board must also amend its 1998 Town Budget by authorizing a transfer of funds to provide initial working capital for the Central Fleet Internal Service Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a Central Fleet Internal Service Fund as prescribed by the New York State Uniform System of Accounts and as proposed by the Town Comptroller in his February 25th Memorandum attached to this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes initial appropriations for the Central Fleet Internal Service Fund in the amount of $208,000 and further authorizes a transfer of $208,000 from the Surplus Fund Balance of the General Fund (effective December 31 st, 1998) to provide initial working capital for the Central Fleet Internal Service Fund, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directors the Town Comptroller's Office to transfer funds, amend the 1998 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 1st day of march, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None DISCUSSION HELD: Councilman Tucker-This is a new road we are going down, this is just to move the money, right. Controller Hess-We have had this in discussion over a year or so, we are trying to make sure that we are able to maintain the fleet on a more current basis because some of the vehicles are renewed sooner than others and some of them age out and we have high maintenance costs, so, in conjunction with the Town creating a purchasing manager/fleet manager which is a combined title, this would bring the maintenance of the fleet, setting up a fleet maintenance program under the direction of the fleet manager or the purchasing manager, it would allow us to spread the budgeting for all the vehicles over the life of the vehicle as opposed to all the cash flow in one year so it stabilizes the cash flow and because we are asking you to fund two hundred and eight thousand dollars we projected out that over the life of the fleet that is really all the cash we think the town is going to need, that together with the cash flow from the departments on an annual basis together with the resources we will have, through leasing or purchasing or purchase arrangement with a bank or leasing company will provide all the cash flow we need. So, it streamlines the cash flow it sets up a fleet maintenance operation and it assures that the vehicles will be turned down in a more efficient schedule as opposed to .. ten or twelve years and having a lot of maintenance costs. Councilman Tucker-I was just wondering where the money was going to come after we spend one hundred and fifty thousand dollars for vehicles? Controller Hess-We are asking to set aside two hundred and eighty thousand dollars and that is initial funding, that will fund this for the foreseeable future, if we ever do a similar thing for highway we may have to re-look at it again but for fifty vehicles that this will ultimately cover as they phase into the program this year we are buying nine vehicles and with the money we expect to get through debt financing we are really going to have that one hundred and fifty six thousand dollars left toward next years seed money with the eight or ten vehicles we will be replacing next year. There will be an average of eight or ten vehicles per year run through this for a total cost to the town of two hundred and eight thousand dollars now and then each department will pay instead of funding their vehicle all in one year they will pay one fifth of the cost of the vehicle each year. Councilman Irish-Requested that Mr. Hess look into extended warrantees for the vehicles. RESOLUTION AUTHORIZING VEHICLE PURCHASES FROM CENTRAL FLEET INTERAL SERVICE FUND RESOLUTION NO.: 78.99 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, the Town Comptroller has requested Town Board approval to purchase eight (8) vehicles from the Central Fleet Internal Service Fund for the total amount of $150,898.20 as designated in his February 26th Memorandum attached to this Resolution, and WHEREAS, NYS Bidding is not required, since the vehicles to be purchased are under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of eight (8) vehicles as designated on the Town Comptroller's February 26th, 1999 Memorandum attached to this Resolution for the total amount of $150,898.20, such vehicles to be paid for from the Central Fleet Internal Service Fund. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION ORDERING DEMOLITION OF UNSAFE STRUCTURE OWNED BY KEITH HARRIS AND LOCATED ON MUD POND ROAD, QUEENSBURY - TAX MAP NO.: 53-1-1.1 RESOLUTION NO. 79.99 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, inspected property owned by Keith Harris and located on Mud Pond Road, Queensbury (Tax Map No.: 53- 1-1.1) and Mr. Hatin found that the structure located on the property sustained extensive fire damage and should be immediately demolished as more specifically set forth in Mr. Hatin's letter to Mr. Harris dated February 10th, 1999, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and ~130(16) of New York State Town Law, by Resolution the Town Board may determine whether in its opinion a structure is unsafe and dangerous, and if so, order its demolition, and WHEREAS, Mr. Hatin has advised the Town Board that in his opinion, the structure on the property is dangerous and unsafe to the general public and therefore, in accordance with the emergency provisions of Queensbury Town Code (60-11, Mr. Hatin would like Town Board authorization to allow him to arrange for immediate demolition of the structure, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the structure located on property located on Mud Pond Road, Queensbury (Tax Map No.: 53-1-1.1) and owned by Keith Harris is a clear and imminent danger to the life, safety or health of the general public and therefore directs the Director of Building and Codes Enforcement to arrange for the structure to be demolished and removed immediately and thereafter assess any charge to the real property in accordance with (60-11 of the Queensbury Town Code. Duly adopted this 1st day of March, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None 7.0 PLANNED DISCUSSIONS 71. OLD BUSINESS 7.A PCB Contamination of Big Boom Road SUPERVISOR CHAMPAGNE-ltr. Department ofDEC We have received from DEC correspondence indicating what actually was found on Big Boom Road. PCB's were detected on four of the eighteen samples in concentrations ranging from point 7 to 1. 7 parts per million. The remaining fourteen samples were no detect for PCB's. I guess what this basically says is that those PCB's that were identified if you look at the limits that the PCB's were within those limits and that no health factors out there were indicated by the tests results. In fact the last statement here in the third paragraph states that given the limited number of detection's the low concentration and the fact that the road has been paved these levels of PCB's do not present a health concern to residents living along Big Boom Road. 7.B Stewarts Store Pleased to announce that Stewarts are proposing to build on the corner of Cronin and Bay Road and one of the impacts that we are asking for is to extend the sewer from the corner of Cronin up to the north corner of the Stewart's property and the Town will reimburse because of the pipe size and in order to get that sewer on its way up Bay Road which we have been working on Stewarts has agreed to do that and the Town will reimburse that. 7.2 NEW BUSINESS EXECUTIVE DIRECTOR ROUND-RE: C&D Landfill Attorney Schachner and myself had a conference call with Adirondack Park Agency working to resolve AP A jurisdictional issues and based on the call and a letter received today we should be able to resolve that issue and AP A probably will not delay us in any activity that we take with that property. We have to acquire some historical air photos to demonstrate what was on the site in 1973 and we are working to that end. Veterans Road Park the City was successful in obtaining a grant that we partnered on and we assisted the City in preparation of the grant they received fifty thousand dollars they will be receiving news on how that will be appropriated. At Associations of Town's Councilman Merrill identified that there is a urban forestry grant program, a five thousand dollar matching grant up to seventy five thousand if you include an educational component and that money is for planting of trees and we are working with the Recreation Dept. to acquire that fund. Deadline is April 1st. we will be in front of you on March 15th to seek those matching funds, whether it is in kind service or a combination of in kind service and fees. We may be looking at plantings at Hudson River Park, or any other location appropriate for that use. COUNCILMAN TUCKER-Noted at the last meeting we appropriated $28,000 for work on the bike bridge, the contractor has since pulled out, should we rescind that resolution? Discussion held-Will have resolution to rescind at the next meeting. 8.0 TOWN BOARD WORKSHOP None 9.0 ATTORNEY MATTERS None 10.0 OPEN FORUM MRS. LOIS HAMMOND-Question, the meeting of March 4th with the Transportation Council and who? SUPERVISOR CHAMPAGNE-Just the Transportation Council 2:00 Warren County Building on March 4th MRS. HAMMOND-You mentioned a public meeting March 29th or 30th? SUPERVISOR CHAMPAGNE-I do not have that exact date. MRS. HAMMOND-I wanted to bring up that in the minutes of the meeting that was held January 21st. when they put the motion for three lanes and table it they were given sixty days to come up with the funding and March 29th or 30th is past that deadline. SUPERVISOR CHAMPAGNE-Noted that the Warren DPW Committee did pass a resolution supporting three lanes. . . MRS. MARY WELCH-My understanding is that this change that is being proposed is from Exit 18 off ramp to Broad Street, corner of Broad, Western Avenue and Thomas Street, is that correct? EXECUTIVE DIRECTOR ROUND-That is correct. MRS. WELCH-What happens when it hits the corner, we are talking a mile for fifteen million dollars and we will trash every business on the north side of the street and every piece of property there. SUPERVISOR CHAMPAGNE-Requested that she be present at the meeting at the fire house, that is the message that needs to be heard. MRS. WELCH-What is the future for the road between Western and Thomas Street. EXECUTIVE DIRECTOR ROUND-The three lane improvement goes from Exit 18 all the way into the City to the point at Hudson Avenue and Broad Street where Stewart's is, the next link would be there further east to Quaker Road, that is under study as well. COUNCILMAN TUCKER-There is no time frame for that. MR. JOHN SAL V ADOR-Re: Crandall Library suggested that the Civic Center building be utilized as a library, use the Crandall Library for City Hall, use City Hall for a Warren County Jail. The Civil Center could be turned over into a cultural center, with exhibit areas. Instead of satellite libraries, use shuttle busses to the library. COUNCILMAN MERRILL-Noted that was a very creative idea and he will bring it up at the next meeting of the Library but noted from the last meeting the Trustees do not want to move the main branch from the present site. MR. SAL V ADOR-RE: County Taxes- Four percent bed tax, one percent sales tax and half a percent mortgage tax, they tend to down play the effect of these taxes, questioned if there would be time to let people know of these tax increases? SUPERVISOR CHAMPAGNE-There will be adequate notice. MR. MARK COZZENS-Helped circulate the petition on the corridor. . . all these little stores want to expand and the Chamber of Commerce is holding this whole thing up, it is zoned residential commercial in different places some place it is just residential on the back streets and some just commercial, we would like to keep it that way and not just commercial. When you knock down every home and business the potential of new business coming in is raised quite a bit but the problem is that there is no guarantee. The main problem with the road is the light system. The people on this board owe it to the taxpayers to put a little bit of a boot behind these people that are on this Chamber of Commerce and the Transportation Council because my parents moved away ten years ago but before that they moved here forty years ago and this talk of three lanes four lanes. It is just like someone sticking a knife within a foot of you, you cannot paint your house because they might buy it next year, you cannot put siding on it, you cannot expand your business you cannot do anything when the money gets approved another group comes in and says well lets hold on a second lets try to get the money from somebody else and I think the taxpayers should have a definite answer and not somebody that keeps pushing it. DR. WELCH-I run a practice on Main Street, we are in the process of doubling the size of the practice which means major modification of the building, we are faced with a July 1st dead line to complete that project in order to take this partner in. Part of the problem is that making the plans in order to make the renovations, what we need to do is dependent upon the political process of making a decision on what they are going to do with this highway. If you look at the buildings occupying the road between the City line and the Northway the portion that is in the Town of Queensbury, currently there is not a single un-occupied commercial building on that street that does not have a viable business in it, except for Dunkin Donuts and the only reason they are not viable yet is they have not finished building it. To the best of my knowledge there is one house on the street that is currently vacant that is a residential house. These are taxpaying properties at the present time if those are removed they will be taken off the tax roll. The money that we spend in the anticipation of something that might happen somewhere down the road we may spend the fourteen or fifteen million dollars to build this five lane parking lot and when they finally complete stage two of this we may have to rebuild the whole thing for another eight million anyway because the paving will be out of date. MR. JEREMY HAMMOND-Questioned when the School Board Town Board meeting will be? COUNCLIMAN MERRILL-We are waiting to reschedule that meeting. MR. HAMMOND-There is a School Board meeting March 8th at 6:30 at the Middle School, the school report card will be shown and I encourage everyone to attend. MR. SALVADOR-Noted within five hundred feet of our front door there are three entities plowing the roads, the County, the Town and the State of New York, they are all traveling over the same corridor to get to their work. RE: Hudson River Park DeSantis donation of land.. . December resolution authorized Council to proceed with that transaction there was mention of a map filed at Warren County I cannot find that map...is there an intent to file a map? COUNCILMAN MERRILL-Requested that Town Counsel speak to that and also the point about the filing of the deed being improper. TOWN COUNSEL SCHACHNER-Mr. Salvador's contentions are wrong. MR. SALVADOR -Your resolution mentioned a map that was filed at the County to this day there is no map filed at the county. COUNCILMAN TUCKER-Noted we were informed of a problem with the deed and that is being corrected. TOWN COUNSEL SCHACHNER-That is in the property description, the surveyor made a mistake in describing the property and that is being corrected. There is no legal requirement that there be a map filed. MR. SALVADOR-Spoke about the grant for tree planting, re: Hudson Ridge Park noted the agreement on this parcel you cannot block the view of the billboards from the Northway. RE: Crackerbarrel questioned the impact of the sales tax proposals on this project. . . suggested that DOT function as the lead agency for a traffic study.. SUPERVISOR CHAMPAGNE-DOT is functioning now as lead agency... study not completed. MR. SALVADOR-Do you have a basis to move ahead with adopting or accepting an final environmental impact statement in the absence of that? SUPERVISOR CHAMPAGNE-No we do not. MR. SAL V ADOR-RE: Zoning Changes on Quaker Road... .this will effect their property values..they are now conforming that should be recognized by the Assessor. . . MRS. SAL V ADOR-Re: Bed and Sales Tax spoke about the history of the bed tax that was removed in the past, noted the economy is terrible the new tax will not help the economy... RE: Street light corner of Bay and Route 9L it goes on and off requested Mr. Turner look into that. UNKNOWN-Asked about Crakerbarrel SUPERVISOR CHAMPAGNE-Obviously there has been question due to the traffic issue and certainly each one of us on the board has had a real concern with that. What we have done we have said to the applicant that we want more information. There is really nothing new in terms of what we haven't heard if you will and where we are. We will not move forward with Crackerbarrel until all the data and the chips are in. What we are anxious to wait for now is to get that traffic count more accurate than what it is at the present time. That all ties in with the mall expansion and all of those other issues that are leading toward that corridors problems. When all the information is in there will be plenty of opportunity to speak on behalf or against the Crackerbarrel. Requested the public to attend the County Meeting on the 12th regarding the tax issues.. SUPERVISOR DENNIS BROWER-I just want to mention, Tim Brewer had talked about the fact that Queensbury Taxpayers are paying for this road and he is right thirty six point five percent of the County budget is picked up by Queensbury Taxpayers, I am glad you folks came for the corridor that are opposed to the five lane highway, I think three lanes will adequately serve the need, I am on the DPW Committee and also we agreed the other day to pursue a three lane avenue. I would love to see the power go underground there and the sewer out to Carey Park. COUNCILMAN TUCKER-We have a study for the sewer to go to Carey Park we have appropriated eight thousand dollars. Regarding power I understand either the State, County, Town have got to pay for it, Niagara Mohawk will not do it. Chris Round is looking for money to do that. . . RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 80.99 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss three personnel matters. Duly adopted this 1st. day of March 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 81.99 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 its Executive Session and Regular Session, no action was taken. Duly adopted this 1st. day of March, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None Meeting adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury