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1999-10-04 REGULAR TOWN BOARD MEETING OCTOBER 4, 1999 7:10 P.M. MTG #34 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER BOARD MEMBER ABSENT THEODORE TURNER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Henry Hess, Controller Dave Hatin, Director of Building & Codes PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MERRILL Supervisor Champagne called meeting to order.... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 325, 99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 4th day of October, 1999, by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Turner QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING HEARING ON PROPERTY OWNED BY ROBERT BINGHAM (TAX MAP NO.: 93-3-8) AND DECLARING PROPERTY A HEALTH HAZARD BOARD OF HEALTH RESOLUTION NO. 52, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, David Hatin, Town of Queensbury Director of Building and Codes Enforcement, has advised the Town of Queensbury Local Board of Health that he has received complaints from neighbors concerning garbage and rubbish on property owned by Robert Bingham and located at 11 East Drive, Queensbury (Tax Map No.: 93-3-8), as more specifically set forth in Mr. Hatin's letters to Mr. Bingham dated August 10th, 1999 and Michael Toomey, attorney for Mr. Bingham, dated September 10th, 1999, and WHEREAS, Mr. Hatin and Dr. Robert Evans, Town Health Officer, have investigated and inspected the property and have advised the Local Board of Health that in their opinion the property is a health hazard and a nuisance to the neighborhood with garbage and rubbish scattered throughout the property, easily accessible to children, the general public and animals, and is unsafe to the general public and therefore have strongly recommended that the Board of Health take action if the property owner fails to clean-up and secure the property, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property bearing Tax Map No.: 93-3-8 and located at 11 East Drive, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and therefore the garbage and rubbish should be removed and the property secured, and BE IT FURTHER, RESOLVED, that the property owner shall commence cleaning-up and securing the property within 30 days of receipt of receiving notice from the Town and complete the work within 60 days thereafter unless good cause is shown by Mr. Bingham or other interested persons whereupon the Town Board shall consider a time extension and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health shall hold a hearing concerning the property owned by Robert Bingham on November 1st, 1999, at 7:00 p.m., in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the New York Public Health Law. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DONNA HURLEY AND CHARLES WILKISON BOARD OF HEALTH RESOLUTION NO.: 53,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance, and WHEREAS, Donna Hurley and Charles Wilkison have applied to the Local Board of Health for three (3) variances from Chapter 136 to allow an absorption field to be located 92' and 61' from two (2) neighboring wells instead of the required 100' setback and 2' from the property line instead of the required 10' setback on property located at 54 Reardon Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 18th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donna Hurley and Charles Wilkison's sewage disposal variance application concerning property located at 54 Reardon Road, Queensbury and bearing Tax Map No.: Section 45, Block 3, Lot 10 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner DISCUSSION BEFORE VOTE: Councilman Merrill-Before we vote, Dave I would like, if you could, ask the applicant for some more information. I'd like to know the location and condition of the existing septic field. Dave Hatin, Director of Building and Codes-All right, that is on the map that you should have a copy of. Councilman Merrill-The existing? Mr. Hatin, Director-Yes. Councilman Merrill-Okay. Some details on the neighboring well at sixty-one feet away, is down gradient, up gradient, shallow or deep? Mr. Hatin, Director-All right. Councilman Merrill-And also like the applicant to consider an alternative mini treatment plant, a batch plant that could be used in place of the septic tank so we would have a higher degree of purity in the effluent going into the leach bed. Mr. Hatin, Director-Okay, I'll advise them. (vote taken) RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 54,99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Queensbury Board of Health hereby adjourns session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 4th day of October, 1999, by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Turner REGULAR SESSION PUBLIC HEARING - APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR GEORGE KOUBA NOTICE SHOWN 7:16 P.M. SUPERVISOR CHAMPAGNE-We'll open the public hearing on application for revocable permit to locate a mobile home outside of a mobile home court by George Kouba. Who is here this evening to speak to that? Here he is, good evening. MR. GEORGE KOUBA-This is just an application for approval to replace a 1962 mobile home with a 1981 or 82, I don't know which it is mobile home in the same site. COUNCILMAN IRISH-The same foot print, the trailer is the same size? MR. KOUBA-Basically, it's a fourteen wide, the new one. The old one was a twelve and it maybe two or three feet longer. Do you have a picture of the lot, plot? COUNCILMAN IRISH-Yea. SUPERVISOR CHAMPAGNE-Yea, we had that. MR. KOUBA-Yea, okay. Number three is the site. This number three unit which we are replacing, has outlived it's usefulness and safety and habitability and the other one will fulfill the proper need for that. SUPERVISOR CHAMPAGNE-Okay, is there anyone here to speak against this application for replacing a mobile home? Hearing none, anything more from counsel? COUNSEL SCHACHNER-From Counsel? SUPERVISOR CHAMPAGNE-Anything from the board? I guess we're ready to vote. We'll close the public hearing. PUBLIC HEARING CLOSED 7:18 P.M. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR GEORGE KOUBA RESOLUTION NO.: 326,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with ~113-12 of the Queensbury Town Code, and WHEREAS, George Kouba filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with Town Code ~113-12 to replace his mobile home located at 78 Montray Road #3, Queensbury, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing concerning this application on October 4th, 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit to George Kouba in accordance with the terms and provisions of Queensbury Town Code ~113-12. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner CORRESPONDENCE Deputy Town Clerk Barber noted that the Town Clerk received the Supervisor's Tentative Budget for the year 2000 on September 28th and that it's been distributed to the board members. TOWN COUNCILMEN'S COMMITTEE REPORTS Councilman Tucker referred to Stonebridge Road and the paving schedule which called for only three hundred feet of paving of the road rather then the entire road and requested Councilman Merrill to research with the highway committee for their reasoning ofthat... OPEN FORUM RESOLUTIONS Joanne Bramley, 38 Twicwood Lane referred to Resolution 6.2, the Steering Committee to work on the new zoning ordinance and questioned the process involved in selecting the members? Supervisor Champagne noted that they are volunteers representing various committees that exist at the present time. Ms. Bramley questioned whether there's a limit in terms of the number of people that can be on the committee? Supervisor Champagne noted, I don't think there's any final number that we've given to that list. Councilman Merrill noted, no, the intent here was to get a cross section of standing boards obviously, the Planning Board, the ZBA, the Town Board and the environmental committee. Ms. Bramley noted concern that there is not a representation of residents that don't have anything to do with some type of town government. Councilman Irish noted that they do plan to go to different parts of the community like they did with the comprehensive land use plan. They wanted to keep this steering committee manageable but they will go out and get with different groups and different neighborhoods. Councilman Merrill noted, that the Steering Committee will be meeting this Thursday at seven and at that will be laying out a schedule of meetings with various community groups. Ms. Bramley requested consideration that the committee entertain a few additions. Councilman Merrill suggested that the volunteers submit their names to Chris Round as soon as possible. RESOLUTIONS 7:23 P.M. Supervisor Champagne requested resolution 6.7, 'Resolution Seeking Lead Agency Status and Authorizing Town Clerk to Submit Petition for Change of Zone for Property Owned by Nigro Companies to Planning Board', first for consideration and to hear presentation from Nigro Companies.... PRESENTATION Jon Lapper, Counsel representing Nigro Companies, Frank Colombo with Sear Brown Group, the Project Engineers and Steve Powers, a representative of Nigro Companies gave brief introduction of proposed new super market, a new prototype of Grand Union Company located on a parcel at the southeast corner of Bay and Quaker. RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY NIGRO COMPANIES TO PLANNING BOARD RESOLUTION NO.: 327,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Nigro Companies has submitted an application to the Queensbury Town Clerk's Office for rezoning of several parcels of property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board and Warren County Planning Board for report and recommendation: APPLICATION OF TAX MAP NO'S: Nigro Companies 107-1-38,39,40,41,42,43,44,45 and 47 LOCATION OF PROPERTIES North Side of Homer Ave., Queensbury, NY APPLICATION FOR: Rezoning of parcels currently zoned Light Industrial- 1 Acre (LI-IA) to Highway Commercial - 1 Acre (HC-IA) and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its wish to be Lead Agency for SEQRA review of both this rezoning project and the site plan approval process and hereby directs the Department of Community Development to notify any and all involved agencies of the Town Board's intent to be Lead Agency and forward a copy of the Full Environmental Assessment Form submitted by the applicant to any and all involved agencies. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM TOWN CODE CHAPTER 113 BY DANIEL AND GEORGE DRELLOS - NORTHWINDS TRAILER PARK RESOLUTION NO.: 328,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY : Mr. Douglas Irish WHEREAS, in 1986 the Town Board of the Town of Queensbury approved the Northwinds Trailer Park located on Luzerne Road, Queensbury and owned by Daniel and George Drellos (Owners) and the approved plan included that office/meetinglbuilding/laundry space be built as part of the Trailer Park, and WHEREAS, the Owners require a variance from the Town Board as the Owners propose to construct the approved office space within 100 feet of Luzerne Road and Town Code (113-18(C)(1) requires a minimum 100 feet setback from a public road, and WHEREAS, in accordance with Town Code (113-23, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for site plan review before the Town Board may approve the variance, and WHEREAS, on July 27th, 1999, the Town Planning Board recommended site plan approval of the variance to construct the office space within 100 feet of Luzerne Road, and WHEREAS, before the Town Board may grant the requested variance, it must first conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, October 18th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be heard concerning the proposed variance request of Daniel and George Drellos, 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 a notice of public hearing 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 Town Clerk's Office to send a copy of the notice to all property owners located within 500' of the subject area, 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 wishes 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 Site Plan 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 4th day of October, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION CREATING STEERING COMMITTEE AND APPOINTING ITS MEMBERS REGARDING THE DEVELOPMENT OF NEW TOWN ZONING ORDINANCE RESOLUTION NO.: 329, 1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury, by Resolution No.: 289.99, engaged the services of Chazen Companies to update the Town of Queensbury Zoning Ordinance and Map, and WHEREAS, the Town Board wishes to establish a Steering Committee to work with Chazen Companies to assist in evaluating alternatives, changing language, proposing design guidelines and helping to create the new Ordinance, and WHEREAS, the Town Board wishes to appoint members to the Steering Committee, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates the Town's Steering Committee concerning the development of a new Town Zoning Ordinance and appoints the following members to the Committee: 1. Theodore Turner; 2. Richard Merrill; 3. Robert Paling; 4. Richard Sage; 5. John Goralski; 6. Leon Steves; 7. Larry Clute; 8. Craig Brown; and 9. Lewis Stone. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT Mr. Turner RESOLUTION RE-APPOINTING CRAIG MAC EW AN TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 330, 1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne Councilman Tucker requested to pull resolution for the purpose of discussion for Executive Session... Councilman Merrill and Supervisor Champagne agreed to withdraw their motions. RESOLUTION RE-APPOINTING CANDICE MORABITO TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 330, 1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review pursuant to applicable New York State law, and WHEREAS, the term of Board of Assessment Review Member Candice Morabito recently expired and Ms. Morabito would like to be re-appointed to the Board for a new five year term, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Candice Morabito to serve as a member of the Queensbury Board of Assessment Review, with her term to expire December 31st, 2004. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 331, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Harold Hansen, Director of Parks and Recreation, has advised the Town Board of the Town of Queensbury that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to the Town's recreation programs, and WHEREAS, Mr. Hansen has requested Town Board authorization to prepare a fund application in the amount of $10,000, the total amount of recreation funds the Town proposes to expend in 2000 for the administration, supervision, and operation of its year-round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $7,846.45 based on eligibility criteria as it relates to the Town's youth population, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Harold Hansen, Director of Parks and Recreation, to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor to execute the funding application. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION DECLARING EMPLOYEES ELIGIBLE TO RECEIVE BENEFITS OF 1999 RETIREMENT INCENTIVE PROGRAM RESOLUTION NO.: 332,1999 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No.: 252.99, the Town Board of the Town of Queensbury enacted Local Law No.5, 1999 adopting the 1999 Retirement Incentive Program offered to eligible Town of Queensbury employees, and WHEREAS, the Town Controller has furnished a list of employees eligible to benefit from this Retirement Incentive Program to the Town Board and requested that the Town Board officially declare these employees eligible to receive the Retirement Program's benefits, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby declares the following employees eligible to receive the benefits of the 1999 Retirement Incentive Program: 1. James Coughlin; 2. Harold Hansen; 3. Rodney Mosher; and 4. Gwen Perry; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller to provide these employees with notice of their eligibility along with information and forms provided by the New York State Employees' Retirement System and to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of October, 1999 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION ADDING "SHOP ROAD" AND "SHORE ACRES ROAD" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 333, 1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution No. 434.95, the Town Board of the Town of Queensbury adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Shop Road" and "Shore Acres Road" to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adds "Shop Road" and "Shore Acres Road" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying Shop Road and Shore Acres Road, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT: Mr. Turner RESOLUTION AWARDING BID FOR PURCHASE OF DUCTILE IRON PIPE & FITTINGS FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 334,1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town's Purchasing Manager duly advertised for bids for the purchase of ductile iron pipe and fittings for use by the Town's Water Department, and WHEREAS, Vellano Brothers submitted the lowest responsible bid in the amount of $1,000 for the ductile iron fittings and Atlantic States submitted the lowest responsible bid in the amount of $27,246.50 for the ductile iron pipe and therefore the Purchasing Manager and Water Superintendent have recommended that the Town Board award the respective bids to Vellano Brothers and Atlantic States, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for ductile iron fittings to Vellano Brothers for the amount of $1,000 and awards the bid for ductile iron pipe to Atlantic States for the amount of $27,246.50 to be paid for from the appropriate account(s). Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Turner PLANNED DISCUSSIONS - NONE TOWN BOARD WORSHOP Councilman Tucker referred to drainage problem on Luzerne Road at the residence of Mr. Pratt who spoke to the Highway Superintendent who in turn told Mr. Pratt that there was no money to help.... referred to drainage and pavement fund established for ward 4 and requested permission to proceed with involving a contractor to inspect the situation.... Supervisor Champagne agreed and noted that he would like to also be present during the inspection. Supervisor Champagne noted for the public Town Board budget meetings scheduled for Tuesday, Wednesday and Thursday each to be held at four o'clock. OPEN FORUM 8: 16 P.M. Joanne Bramley, 38 Twicwood Lane noted that residents of Twicwood, Glen Lake and Courthouse Estates have been meeting on a regular basis to discuss common concerns with different issues in the town. and requested workshop with the board. Councilman Merrill recommended meeting with the entire board and to wait until Councilman Turner returns from vacation.... Supervisor Champagne noted that Councilman Turner is due back this Wednesday and the board will make every effort to put something together for a special meeting as soon as possible.... would like to recommend that we consider having the planning staff and planning board attend also. Mark Hoffman, Fox Hollow Lane referred to resolution 6.3 being pulled for Executive Session and questioned Councilman Tucker's reasoning for pulling the resolution. Supervisor Champagne noted that it's personnel as an employee and the Town Board has the privilege of hearing some discussion if other members of the Town Board feels there's a need for that discussion. Counsel Schachner noted that one of the expressed topics that the board is allowed to go into Executive Session if the board wishes is the appointment or demotion or failure to appoint or consideration of the appointment of a particular individual to a particular position and this does certainly appear to squarely fit within that. Betty Monahan, Sunnyside noted that she reviewed the file regarding Indian Ridge and found little in the file on the new plan except the actual plan itself, not much written documentation.... what I did see and what was there from the developer, the proposed agreement raises a question in my mind whether this development at this time satisfies the requirements of a PUD and I think you need to look at the requirements very carefully and look at this plan to see if it does and I also think you need to look at the resolution that we passed on 8 1 19/96 to see if this plan follows those resolutions. John Salvador referred to today's newspaper article regarding the incident at Hudson Park and questioned whether the Town Board is going to do anything about securing the town's property? Supervisor Champagne is not aware of the details of the situation and needs to speak with the Director of Parks and Recreation to clarify what took place and will do that soon. Mr. Salvador noted that last Thursday morning he passed a hitchhiker on Bay Road and thought it would have been nice to have bus service on that road.... questioned Supervisor Champagne whether he reported to the board the fact that Warren County Lake George Basin Sewer Committee has decided to do a full environmental review of that project. Supervisor Champagne noted, that was reported at the time we were given the orders to proceed with a full impact, cumulative impact... I think we're all aware that that's going to have to happen in order to move forward with it. Mr. Salvador noted, if we're going to accomplish this task in North Queensbury of having some kind of a wastewater management program, there's legislation that's needed. If we're going to use a state of the art method of treating and disposing of wastewater, a system that we can afford, a system that meets our needs, doesn't involve blowing up Route 9L all the way to Lake George Village, we need legislation. We need changes to the Environmental Conservation Law Section 17-1709 in particular, the only way we're going to accomplish it. There's no reason why we can't use those natural wetlands to discharge treated wastewater.... other places in this country our constructed wetlands into which to dispose treated wastewater and we have hundred of acres of natural occurring wetlands that we could use and we don't have to pollute the environment. But legislation is needed and it's got to go through that county. Supervisor Champagne-I totally agree with you. Barbara Bennett, Queensbury referred to the budget meetings scheduled and questioned which departments are being discussed at those meetings? (Supervisor Champagne distributed copy of scheduled department budget meetings to Ms. Bennett) Ms. Bennett questioned whether there's anything new on the Aviation Mall expansion? Supervisor Champagne-The last word I received was that they're continuing to proceed forward but I've not seen any further plans. Ms. Bennett-Every year, citizens get individual phone calls from all the police agencies asking for donations, the State Police, the Sheriffs Department, the City Police and the question is, these people have jobs, police jobs which are paid from taxes so why are they asking for donations? Supervisor Champagne-It's my understanding, they go out and they hire an agency to make these calls for them and the donations support different worthy causes. OPEN FORUM CLOSED 8:34 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 335, 99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss personnel matters and a litigation matter. Duly adopted this 4th day of October, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: Mr. Turner RESOLUTION TO RECONVENE RESOLUTION NO. 336, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 4th day of October, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES: None ABSENT: Mr. Turner RESOLUTION RE-APPOINTING CRAIG MAC EW AN TO QUEENSBURY PLANNING BOARD RESOLUTION NO.: 337,1999 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS, Planning Board Member Craig MacEwan's term recently expired and he has requested that the Town Board re-appoint him to the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Craig MacEwan to serve as a member of the Queensbury Planning Board until his term expires on December 31, 2006. Duly adopted this 4th day of October, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Champagne NOES Mr. Tucker ABSENT: Mr. Turner RESOLUTION TO ADJOURN MEETING RESOLUTION NO. 338, 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns session. Duly adopted this 4th day of October, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: Mr. Turner No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY