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1993-04-19 TOWN BOARD MEETING APRIL 19,1993 7:00 p.m. MTG.#30 RES. 246-254 TOWN BOARD MEMBERS Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Attorney Paul Dusek Press; G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO Supervisor Brandt -Opened the Meeting PUBLIC HEARINGS Proposed Local Law to amend the Code of the Town of Queensbury entitled Zoning Board of Appeals Notice Shown Attorney Dusek-This is a very minor change to a Chapter 181 of the Code of the Town of Queensbury if the Board will recall last year the Code was modified to maintain a seven member board, the State law had changed which changes tended to indicate that perhaps a three or five member Board might be mandated under the law to a certain date so to be assured that the Board will continue to keep their seven member board the legislation was adopted. This particular change is just merely deleting some language at the very end so that it is clear that the seven member board terms will expire at the end of the year, December 31 st as all other board members terms normally expire pursuant to State Law. Supervisor Brandt-There is a public hearing on that change is there anyone here that would like to speak on it? The public hearing is open. Anyone have any comments on it? No one spoke We will close that public hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 8, 1993 A LOCAL LAW AMENDING THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 181, THEREOF, ENTITLED "ZONING BOARD OF APPEALS", TO DELETE A PROVISION THEREOF RESOLUTION NO. 246, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury Chapter 181, thereof, entitled "Zoning Board of Appeals", to amend ~ 181-5, entitled "Appointment and terms of members", to delete a provision thereof, and WHEREAS, a copy of the proposed local law entitled "A Local Law to amend the Code of the Town of Queensbury, Chapter 181, thereof, Entitled 'Zoning Board of Appeals'" has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on April 19, 1993, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the action about to be undertaken is part of continuing agency administration matters and, therefore, a Type II action under SEQRA, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 181, thereof, entitled "Zoning Board of Appeals", to amend ~ 181-5, entitled "Appointment and terms of members", to delete a provision thereof, to be known as Local Law Number 8, 1993, the same to be titled and contain such provisions as are set forth in a copy of the proposed law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 19th day of April, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None LOCAL LAW NO.8, 1993 A Local Law to amend the code of the Town of Queensbury, Chapter 181, thereof entitled "Zoning Board of Appeals," to delete a provision thereof: SECTION 1. Chapter 181 of the Code of the Town of Queensbury, Section 181-5 is hereby amended to read as follows: ~ 181-5. Appointment and terms of members. On and after July 1, 1992, the Town Board of the Town of Queensbury shall continue to be authorized to appoint a Zoning Board of Appeals consisting of seven (7) members and shall designate the Chairman thereof, with terms to be five (5) years in duration; provided, however, that the Town Board may, at any time after July 1, 1992, by resolution, decrease the number of members of the Board to five (5) or three (3), to be effective upon the expiration of the next terms following adoption of the resolution. SECTION 2. Effective Date. In accordance with the provisions of Municipal Home Rule Law Section 27, this Local Law shall take effect upon the filing of the same with the Office of Secretary of State. PUBLIC HEARING Amendment to the Code of the Town of Queensbury "Zoning" Notice Shown Attorney Dusek-This is the antenna the satellite dish antenna ordinance you will recall that there was some, we started off with a very elaborate change to the ordinance then we dropped back to a more minimal change to the ordinance whereby it was indicated that the satellite dish antennas could be located anywhere on the lot and then the new language was added or on a pole or similar structure of sufficient size and strength to adequately support the antennas adjacent to or connected to the dwelling structure or front yard. So in otherwords it added an additional place on the property where you could locate the satellite dish antenna also it indicated that ground mounted, it added the words ground mounted satellite dish antennas should be screened it further added language to indicate that there was a provision under the ordinance that said you could not have a twelve foot grade height exceeded but then an exception was added that this provision shall not apply to antennas mounted on a pole or similar device adjacent to or connected to the side of the principal building, structure when these regulations allow such application. Then later on it indicated that in another section of the ordinance that roof mounted antennas should not be mounted on chinmey, towers, spires or trees and once again an exception was made for the pole antennas. It also indicated in the ordinance that the antenna had to be placed before, below the ridge line of the roof and here again the ordinance was modified to say unless a usable signal is not received in which case the antenna maybe raised to the minimal height that would allow reception. Basically all these geared toward what seems to be an application that is used by the industry and that is putting antennas on poles adjacent to houses and letting them raise them up to a sufficient height when other practical alternatives are not available. This was a minimum type of changes to it, different than the, as I mentioned the first draft that you had seen where we tried to incorporate all antennas. The reason why you do not have a resolution in front of you tonight on this is the timing of this is such that the Planning Board who also has to review this and give their approval before you can adopt it doesn't meet for another three days. The 22nd of the month is their meeting, they will meet and they will approve it, we hope they will approve it, we know they will meet and we hope they will approve it. Once they do that, the Board would be in a position to approve it. My understanding, my office contracted yours Jim, today, Warren County has approved it. Mr. James Martin -Yes Attorney Dusek-So, the Warren County Planning Board's approval has been gotten it is just the Planning Board. Supervisor Brandt -So, today we hold the public hearing and then we have action after the Planning Board. The Public Hearing is open is there anyone who would like to speak on that. We certainly talked about it many times and I think it is the intent of this Board to move forward with it. With that said I will close the public hearing is there is no one else who wants to speak. HEARING UNSAFE STRUCTURE-HARLEY JAMES Mr. David Hatin-Director of Building and Codes-As the Board will recall I was here last Monday night to show you pictures of a structure which we, I would like to declare unsafe and board it up at this time. Notice of that determination by the Board in public hearing tonight was given to Harley James at the Warren County residential home in Warrensburg in the presence of the administrator for that home. Harley basically said in his own words that you can do whatever you want with it I do not want anything to do with it. Almost a direct quote. Supervisor Brandt-It is a public hearing and it is your chance to give us input and declare that public hearing open is there anyone here that would like to speak on that? This is located on the Corinth Road. Mr. David Hatin- Yes. Across from Adirondack Grinding. Mr. DeMars-What is the particulars on it? What is it about? Mr. David Hatin-You want to make a description of why it is unsafe? Mr. DeMars-Yes Mr. David Hatin-Basically you have right now you have a hole in the roof that is creating structural damage, we have a bathroom that is full of human remains, excrement I guess would be the best way to describe it, there are no plumbing facilities in the house no running water and the gentleman lived like that for probably two or three years. Mr. DeMars-It has been that way for quite sometime? Mr. David Hatin- Yes. Mr. DeMars-It was that way prior to the building across the road from that, where all those new buildings went up, was it that way too. Mr. David Hatin-Yes. From the outside you would not know. Mr. DeMars-It may have been pre-existing for quite some time. Mr. David Hatin- Yes, we have been trying to take this action. Mr. DeMars-..bring it to your attention? Mr. David Hatin-It was brought to my attention by the Warren County Nurses, who treated him. Mr. DeMars-Later on though. Mr. David Hatin- Yes. Supervisor Brandt-Anybody else have any questions or comments? Declared the public hearing closed. Councilman Monahan-Dave is the gas or anything connected to that building? Mr. David Hatin-Right now there is a power, I was just waiting for this resolution so I can contact the power company to have it disconnected, the water is shut off from what I have been told I will determine that with the water dept. Councilman Monahan-Is there any gas? Mr. David Hatin-No gas that I know of it is oil. Councilman Tucker-You would like a motion to board it up? Mr. David Hatin-Right now I would like a motion to board it up until we can do further research and hopefully at some point in time tear it down. Councilman Tucker-I would move it. Attorney Dusek-My recommendation would be that and we could put this on the record, we realize, or at least we think from the documentation that the Town has gotten on this that it appears that the person who was living in the house Mr. Harley James has a life estate under a deed and there is apparently an underlying remainder interest in another person in this house. We have not been successful in, we have actually we have been successful in taking to the person but we have not been successful in resolving the remainder issues or that persons interest in the house we verbally have been told that she has no interest and we can do what ever we want to but we have not been able to get anything in writing and we have also not been able to get an address for this person for which to serve her papers. So, my recommendation to the Board at this point would be that, I think you have the ability under the ordinance if you feel it is warranted to take emergency action such as Mr. Hatin has suggested shutting off the power and also boarding the place up so that you prevent any immediate things from happening the second thing I would recommend that you could also under the ordinance start the time clock running in which to repair the dwelling place, in order that it be fixed up commencing no later than thirty days from service of the notice and completed within sixty days. In the mean time when all of that is in place we will continue to undertake to find out what steps we need to either, whether we either one, have to deal with the remainder interest and if we don't then you will be able to take further action at the end of that time if nothing is done or will at least maybe have another way of giving sufficient notice to that interest. RESOLUTION REGARDING UNSAFE STRUCTURE-CORINTH ROAD-MR. HARLEY JAMES RESOLUTION NO. 247, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has heard a report from the Director of Building and Codes, Mr. David Hatin concerning an unsafe structure located on Corinth Road in the Town of Queensbury, and with some ownership rights at least vested in Mr. Harley James, and WHEREAS, the Town Board of the Town of Queensbury has been advised that Mr. James was served with a copy of the notice of this hearing NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury after hearing from Mr. Hatin and after reviewing the documents submitted in connection with this matter hereby determines that the following emergency action should be taken immediately with regard to the property: 1. That the power company be contacted by Mr. Hatin and requested that the power to the building be shut off. 2. That the building be boarded up using town funds and then seeking reimbursement of those town funds by an assessment of the cost to board up the building against the taxes on the property. and be it further RESOLVED, that the Town Board hereby also finds that the Building is currently unsafe and dangerous and determines that the owners of the building should immediately start to repair the same and in no event later than thirty days commence repairing the same from the time a notice of this resolution is served and complete said repairs and or destruction of the building within sixty days of the time that a copy of this resolution and notice is served. Duly adopted this 19th day of April, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None Councilman Tucker-Who are you going to serve the notice on? Attorney Dusek-We will serve Mr. James because we know he has an interest in the building, and so far he does not have any other legal representatives so I think you would start with that then we will study that other aspect of the remainder interest. I have a question in my mind as to whether you have to deal with the remainder person at this point if you legally you do not have to because of the life estate then maybe this will be sufficient notice on Mr. James, if you do we may have to take further action to notify or at least get a court order of some kind for the remainder interest. Councilman Monahan-Shouldn't there be some emergency health action relative to the condition in the bathroom, we are getting into warm weather and I do not think that is a very sanitary condition to let stay there. Attorney Dusek-That is why we thought initially board it up, talking with Mr. Hatin and Dave correct me if I am wrong, but you did attempt to contact somebody about cleaning it up and they did not think it was practical to do so. Mr. David Hatin-I contacted a few companies that deal in interior cleaning and both said they would not touch it. Attorney Dusek -You are probably going to find that you will end up demolishing the building, that will be the next step most likely. Mr. David Hatin- The fire department has offered to burn it down which with take care of the immediate hazard but that was when the snow was on the ground, we could not make things happen quick enough to do that. Whether they still will that is a question... Can I use Pete's crew to do that and just have them get the supplies? Supervisor Brandt-Sure. RESOLUTIONS RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR ZAREMBA GROUP, INC. TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 248, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning 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 that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: ZAREMBA GROUP, INC. - Tax Map No.'s: 110-1-2.1, 110-1-30,110-1-21,110-1-22; West side of Quaker Road between Dix Avenue and Highland Road, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director to forward the Rezoning Application to the Warren County Planning Board for review, in accordance with the General Municipal Law, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of the fact that a coordinated SEQRA review with the Town Board as lead agent is proposed and that a lead agent must be, therefore, agreed to by involved agencies in accordance with the Department of Environmental Conservation Rules and Regulations adopted in connection with the State Environmental Quality Review Act. Duly adopted this 19th day of April, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO APPOINT MEMBER TO PLANNING BOARD RESOLUTION NO. 249, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury has previously established the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints George Stark to serve as a member of the Planning Board, to fill the unexpired term of Kathleen Rowe, said term to expire on 12/31/95. Duly adopted this 19th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None Councilman Caimano-Just a note for the record that Mrs. Rowe has submitted a letter of resignation. RESOLUTION TO APPOINT MEMBER TO PLANNING BOARD RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 250, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: 40 - Queensbury Water 910 - Landfill Fund $10,000.00 Fund $ AMOUNT and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment. Duly adopted this 19th day of April, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION DUNHAMS BAY ROAD Attorney Dusek-Reviewed history of Dunhams Bay Road from 1930 to present with the Town Board ... (maps used) before 1930 old winding road along the lake...in 1930's State of New York had an improvement program for this road, this was the beginning of Route 9L, State funded but work done by County workers...they took property to improve the road the goal to straighten out the road bring it further away from the lake...portions that were left, spires of the old road never abandon those portions... 1930 to 1960 nothing happened...(photo's shown of beach area and old road) 1960 to 1966 1960 survey, mapped in 1966 showed proposed lands to the conveyed to the Town of Queensbury, prepared by John VanDusen shows a portion of a road near the boat house area that was to be conveyed to the Town apparently in return for the Town's abandonment or conveyance of the old road in this area...also in 1960 the Town Board passed a resolution asking the County Attorney to look into this matter to see if he could make a determination as to who owned Dunhams Bay Road, (read the resolution) this was never acted upon...Attorney Beswick had written to former Town Supervisor Mr. Webster on this issue, (read portions of the letter) noted the Town of Queensbury apparently did not abandon any of the former Town Highway, noted that it was a road by use and the Town never had legal title to the road..J also assume that this is a road by use...in 1960's there were boulders placed across a portion of the road (photo shown 1967) ... it was never used beyond the point where you see the barricades, it came out to the new location of 9L..1960's deeds from Alexy to Mr. Green which conveyed beach frontage rights to certain lots that were being sold also in 1960's determination of all Town Roads (1963) Resolution 166 of November 14th 1963 the Town Board adopted a whole series of Roads and identifies them as Town roads among those is Dunhams Bay Road...Current day (photo's used and map) We have several issues that need to be resolved 1. who owns the property underneath the lake? 2. who owns the beach area? From records we received from the Office of General Services, (1992) they have made the determination that the land under the water is owned by Mr. Salvadore and over here, Mr. Parillo where he has an interest...there was a letter issued by the Office of General Services in 1988 and it said title to the submerged land is in the people of the State of New York ... in terms of the Town of Queensbury interests I had a search done of the Town records and there was no deed found in the Town and no mention of any land given, sold or to be used by the Town of Queensbury for recreational purposes along the beach area...that left the road situation, I met with DOT to find out what their maps showed, their position was generally when they move a road they assume jurisdiction and ownership from where the old road used to be and they bring it all the way over, and then they will abandon portions of it, now they do this on a regular basis, back then it was not done unless someone asked them to do it. My understanding at this point is that DOT position would be that we own everything, which means if you buy that entirely it means that the Town owns nothing the State has it all in terms of the owner ship of the roads...it is my understanding of DOT regulations and the law that really the best of what they hope to claim in terms of ownership would be that much of the area toward the lake as they can claim is necessary to maintain their current new road, you can ask them for a jurisdictional boundary line to be set and they will go through here and map out what they still need to maintain the new Route 9L, when they do that they will also issue an abandonment proceeding whereby they will abandon whatever they do not need and it would go to the County first and then the County could abandon and in turn to the Town. What this leads to is, that out of everybody who has claims up there the Town of Queensbury and the State of New York have some of the strongest claims based on the records you have before you, it started off it could arguably been a Town Road, secondly if you buy into the argument of the State jurisdictional line is something less than all the way over which they probably do not need everything to maintain Route 9L that would give proof that it's probably Town of Queensbury's Road. The final conclusion that you have to come to is it is still an issue off act as far as who is really the owner of the road. In 1963 the Town of Queensbury started maintaining the road up to somewhere in the 70's thereafter they stopped maintaining the Dunhams Bay Road the question now becomes has it been abandoned. The Town has not maintained it so you wonder if that constitutes abandonment but there is more to it than just town maintenance and that is also whether it is being used by the members of the public. If we want an absolute answer we would have to engage in a declaratory judgement proceeding to finally clarify the ownership of the road. I think we have clarified that we have no interest in the lands other than the road, there is a strong case to be made for the Town in terms of claiming right and title to the road, it might be in everybodies best interests to try to work together and let the town continue to maintain the road. If it is accepted as a Town road the next point is whether or not the Town wants to abandon it pursuant to an agreement that can be reached with all the homeowners, at one point there was some interest in that I do not know if there is anymore interest on the part of the homeowners at this point. We have come this far in trying to come to an understanding, I think I have got some reasonably good records here this is an opportunity to clear it up so that we end the confusion once and for all. Supervisor Brandt-We would have to ask the State to mark the land that they need to maintain the road.... Attorney Dusek-The first thing I would think we would want to do is make sure all the neighbors are interested in cooperating up there if they are the first step after that would be to contact DOT have them set their jurisdictional lines and abandon the part of the highway that they do not need to the County. The County would then abandon over to the Town.... Supervisor Brandt-We could then abandon the portion we are not using and keep the rest for the Town road...Councilman Caimano-What is the distance between the lake side of the current good State road and the old Dunhams Bay Road? Mr. Leon Steves-30' approximate...Councilman Caimano-My concern would be that the State would say we need all of it... Attorney Dusek-Because it is important for town use if we went to them and indicated that we would be willing to maintain that in cooperation with them they would probably abandon it to us under those terms. Councilman Tucker-Questioned what would happen if they did claim it? Attorney Dusek-You would have a strange situation where they would claim part of it but then try to give up part of it. That would not be an anybodies interest because it would not resolve the problem. Mr. Schneider( represents Mr. Shortsleeves)- Noted that Mr. Fred Alexy blocked off the road, Don Pencil would unblock it this went on one whole summer...when it ended up being blocked offMr. Alexy when up thorough to Route 9L at the time he put the boulders in. Supervisor Brandt-Do we need a meeting with the landowners involved and get a consensus from them? Attorney Dusek-That would seem to be the best step to take..to make sure everyone is in agreement...Mr. John Salvador-We have requested NY State DOT for an abandonment of excess right ofway...1ast summer...Mr. Schneider-questioned if this becomes turned over private land would Mr. Shortsleeves have the liability for Dunhams Bay Boat Company traveling back and forth and Mr. Salvadore and his customers? Supervisor Brandt -You could make an agreement to get around that.. a legal agreement to define those things, so he would not hold other peoples liability. Attorney Dusek-My recommendation for the Town would be that if everybody is in agreement and the Town started to take the steps with DOT you are going to turn it into a Town road then the next issue becomes once we have clarified it the question becomes if the homeowners want to petition the town basically abandon the road unto them, that would be something that the property owners in that area they would reach an agreement to themselves, that does not involve the town. If they reach that agreement they could come back to the town and say ok, it is a Town Road we accept that now we would like you to abandon this town road. Mr. John Salvadore-If the decision is made go with a Town Road do you own the land on which the road site? Attorney Dusek-It is a road by use, you would never have a deed to it. Unknown-(speaking for the Howards) the meeting is a good idea...it would be wise to have the State determine its right of way so we would know what potentially could be a Town Road...Attorney Dusek-My reaction from speaking with DOT is they would let the Town have the road if they wanted it. Mr. John Salvadore-I have an application into you for access to a Town Road a driveway access, it has been sitting on Mr. Naylor's and Dusek's desk since last September .. Attorney Dusek-Everything was put on suspension last year when this whole thing broke out... Supervisor Brandt-I would like to give you a couple of weeks to get together and we will take it up in two weeks... DISCUSSION (Councilman Caimano-excused himselffrom this portion of the meeting) Attorney Dusek-The Town owns the property where the N.Y. State Police satellite station is located on Aviation Road, there are homes that line it on one side and we have had a request to access his property by crossing our property to get to their septic system, to go down through the back of the houses. The request came from Mr. Caimano, he has some property in that area that is why he has left the room. Because it is Town property in my opinion it has to be the Town Board that can either give their consent or deny their consent to cross town property to get to the septic fields. I think we may have to get the State Police consent, I have the lease being pulled right now to check that. Councilman Tucker-How about the butterfly? Councilman Monahan-We have an agreement with DEC as far as the Kamer Blue Butterfly and its lands. Attorney Dusek-Whatever method they take to get to it they will not be able to interfere with the butterfly sites. Supervisor Brandt -Can we be assured that there will not be any substantial damage to our property or anything on our property that could be damaged by such an access. Attorney Dusek-My presumption is that they will go along the fence line. Mr. Caimano-Along the fence line I cannot get to it, the truck cannot get threw the side of the house, I want to go along the fence line and it is the third house in. The fence belongs to me, I own the fence, so if I bust the fence and put it back together again that is my responsibility, my concern is I will be driving on Town land about a truck width. Councilman Monahan-Is this the fence line that goes behind Crawford's house? Mr. Caimano-No, before Crawford's house, it goes behind LaFlure's house and the house on the corner. Attorney Dusek-Betty is concerned about the Butterflies is well taken because we do have, agreements. Councilman Monahan-We do have a map of lands that we cannot touch. Attorney Dusek-My thought was that perhaps the Planning Dept. would be the ideal department to mark the area upon which the vehicle could be driven. Supervisor Brandt -Under the Town law you cannot have a septic field or septic system within ten feet of a neighbors property so if you are talking a width of a vehicle you are safe there you are not going to break up something that is underground that you might not see. I think someone should look at it on behalf of the Town and check the Butterfly habitat area also. RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO INVESTIGATE ACCESS ACROSS PROPERTY WHERE STATE POLICE BARRACKS IS LOCATED RESOLUTION NO. 251, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director to acquire the necessary maps and go out to the State Police property and identify if possible which is the best way for a vehicle to access property owned by Mr. Caimano and if there is not an access available that would not do destruction of the property then no access would be allowed if there is an access then the access will be allowed for the temporary purpose of crossing the property by vehicle to get to another parcel. Duly adopted this 19th day of April, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano (Councilman Caimano re-entered the meeting) DISCUSSION Attorney Dusek-Employees Assistant Program-the Board has a right to name a Director, has one been chosen? Noted that they do have an election for president coming up. Supervisor Brandt-Noted that he had spoken with Barbara Howe to take this position... RESOLUTION NAMING DIRECTOR TO EMPLOYEES ASSISTANT PROGRAM RESOLUTION NO. 252, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Barbara Howe as a member of the Board of Directors for the Town of Queensbury of the Employees Assistance Program of Warren, Washington and Saratoga Counties Inc. to be effective immediately and to replace Kathleen Kathy. Duly adopted by the 19th day of April, 1993 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE Supervisor Brandt-I have one matter six months has went by and Jim Martin's term of employment specified that at six months we were to kick his salary up and that anniversary date went by we need to act on that...will check if resolution is necessary... Councilman Tucker-W.G.F. would like to have their fireworks around the 4th of July the amount was $6,000 it was taken out of the budget... Supervisor Brandt-We will have to make a budget amendment for next week... Mr. James Martin-Requested permission for Mr. LaFevbre to use the Town Vehicle to attend a Dept. of State Inspection Class regarding Day Care Centers in Schools in Lake Placid the 28th and 29th... fee of $46.00 plus minor expenses...it is in the budget RESOLUTION AUTHORIZING ATTENDANCE AT CONFERENCE RESOLUTION NO. 253, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the use ofa Town vehicle by Mr. Vic Lefebvre to attend a Building Inspector Conference in Lake Placid and also authorizes the attendance at that conference. Duly adopted this 19th day of April, 1993 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None Mr. James Martin-I think we can see the need for a Town Surveyor in the past we have had VanDusen and Steves, noted he updates the Zoning Changes on our maps, the information he has in his office there is a wealth of information there that we tap into, I wanted to know if the Board was interested in a formal appointment of a Town Surveyor. Councilman Tucker-Will we have to advertise that we are going to do this? Attorney Dusek- I will have to take a look at it. Supervisor Brandt-It is important to have the continuity of records that we have and they have been made available to us even though technically that firm has not been our surveyor, but they have acted as our surveyor and given us a lot of free information I think we would be remiss if we didn't keep that well of information available to us, what I have seen, their charges are very reasonable. The Board requested a resolution be drafted and check out what we need to do... OPEN FORUM Mr. John Salvadore-Have we set in motion any plans for inspecting the on site wastewater systems in No. Qsby. ? Supervisor Brandt-No Mr. Salvadore-What are we doing with the fellow that we hired around the first of the year? Councilman Tucker-He was laid off. Mr. Salvadore-So you are not prepared to do it. Will Dave Hatin do it? Attorney Dusek-My understanding was that you were going to wait until the Executive Director got on board and take a look at the whole plan and then meet again at the Lake George Park Commission. Mr. Salvadore-Warren Co. Sewer Dist., is the Town going to do anything specific by way of comment on the final EIS? Supervisor Brandt-We passed a resolution and sent it in, which basically said we want a study on three matters and you were at the County meeting when that was discussed. Mr. Salvadore-I think you should go officially on the record as part of the SEQRA process and submit your comments. Supervisor Brandt-If we go at this incorrectly we will stop all the other towns from being able to move forward and I am reluctant to do that. Mr. Salvadore-..we could get a lot of value out of this, and I do not mean the way of pipe in the ground I .. . mean engmeenng servIces... Supervisor Brandt-We were told on the County level that there was insufficient money to do a study of the Queensbury area of the things we asked for under the grant that exists. Mr. Salvadore-An RFP was put out and an engineering firm bid a lump sum price to do a scope of work that included No. Qsby. Councilman Goetz-What would you suggest... Mr. Salvadore-Get on the record and comment on the EIS. Councilman Goetz-Would the Planning Dept. do those comments? Councilman Tucker-I thought we went on the record at the County level stating that they should look at the things in No. Qsby. Councilman Monahan-That is not part of the SEQRA process you have got to do that directly in answer to the SEQRA process if you want that included in the official SEQRA. Supervisor Brandt-Lets take a look at it and review it and Monday we will act on it one way or the other. Mr. Salvadore-The subject for the grants to the Towns from the County for tourism promotion.. Supervisor Brandt-That was brought up at the County level and we referred that to the Attorney. Mr. Salvadore-A private not for profit corporation in No. Qsby. that wants to build a building and is looking for your support. I think what you are doing is in violation of the constitution in that you are lending your credit for a loan that they want to get at a local bank. Supervisor Brandt-I have talked to the local bank and we can not do that and they know it. Mr. Salvadore-Fire Protection-re: pension program Is that funded through the Town Government? Attorney Dusek-The revenues are eamed through the fire tax it is not a pension fund it is a service awards with is authorized under General Municipal Law in the State of New York and adopted by the voters in a referendum. Described the awards program... Mr. Salvadore-Questioned if they were Town employees? Attorney Dusek-They are not town employees... Mr. Jack Cushing-Reviewed the service award program describing the point system used... Mr. Salvadore-passed out information to the Board which he had already given to the Warren County Supervisors.. . RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 254, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that Audit of Bills as appears on abstract dated 4/16/93 and numbered 93133500- 93150800 and totaling $200,966.03 be and hereby is approved and be it further RESOLVED, that voucher number 93143000 and 93142900 were pulled from the Audit and is reflected in the total to be approved. Duly adopted this 19th day of April, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano on vendor 00127 On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury