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1994-08-01 REGULAR TOWN BOARD MEETING AUGUST 1,1994 7:12 P.M. MTG #37 RES #361-376 BOH #3-6 BOARD MEMBER PRESENT Supervisor Fred Champagne Councilman Carol Pulver Councilman Nick Caimano Councilman George Wiswall Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Jim Martin, Dave Hatin, Sue Cipperly, Scott Harlicker, Kim Hewlett Supervisor Champagne-Called meeting to order. PUBLIC HEARING LOCAL LAW - REGULATING PARKING ON AVIATION ROAD PUBLIC HEARING OPENED 7:13 P.M. NOTICE SHOWN Supervisor Champagne-Anyone here to speak about parking on or against, yes sir? Unknown-Are you talking about a mobile home park? Supervisor Champagne-We're talking about parking on Aviation Road at this point. Councilman Monahan-Maybe you ought to explain to them what it is and where it is. Supervisor Champagne-Nick this is you right? Councilman Caimano- Yep. Supervisor Champagne-Do you want to give us a brief outline here of where your boundaries are and what this is all about? Councilman Caimano- There have been some request to make Aviation Road for safety reasons no parking from Manor Drive to Fox Hollow Lane and from the corner of Dixon down to Manor Drive again. The purpose is to prevent really parking along in front of Stewarts and in front of Sokol's on the shoulder on the road so that people coming out of those places won't be running into other people so that's what it's all about. Actually the other side of the road is from Potter down to Midnight. Supervisor Champagne-Anyone care to speak on that? I'll close the public hearing. Does the Board have any input? The following resolution was passed. RESOLUTION TO ENACT LOCAL LAW REGULATING PARKING ON A PORTION OF AVIATION ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 361, 1994 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Dr. George Wiswall WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law which would provide for the regulating of parking on a portion of Aviation Road in the Town of Queensbury, and WHEREAS, a copy of the said proposed Local Law entitled, "A Local Law Regulating Parking on Aviation Road in the Town of Queensbury" has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board, and WHEREAS, on August 1, 1994, a public hearing on said proposed Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts and enacts the proposed Local Law Regulating Parking on a portion of Aviation Road in the Town of Queensbury, to be known as Local Law No.: 7, 1994, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local 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 Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 1st day of August, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver LOCAL LAW NO.: 7,1994 A LOCAL LAW REGULATING PARKING ON AVIATION ROAD IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on the north side of Aviation Road, from the intersection of Aviation Road and Manor Drive, west to the intersection of Aviation Road and Fox Farm Road, in the Town of Queensbury; and on the south side of Aviation Road, from the intersection of Aviation Road and Potter Road, east to the intersection of Aviation Road and Midnight Drive. 2. Definitions: Curb line: The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the pavement of the roadway. The "side of' a road shall mean that area of the road or road right-of-way which adjoins that portion of the road which is currently used for vehicular travel. For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," "Person," and "Park" shall have the same meaning as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. 3. No Parking on the North Side of Aviation Road in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no persons shall park a motor vehicle or other vehicle for any period of time on the north side of or in the right -of-way of the north side of Aviation Road in the Town of Queensbury, County of Warren, State of New York, lying and existing between the intersection of Aviation Road and Manor Drive, west to the intersection of said Aviation Road and Fox Farm Road. 4. No Parking on the South Side of Aviation Road in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no persons shall park a motor vehicle or other vehicle for any period of time on the south side of or in the right-of-way of the south side of Aviation Road in the Town of Queensbury, County of Warren, State of New York, lying and existing between the intersection of Aviation Road and Potter Road, east to the intersection of said Aviation Road and Midnight Drive. 5. Penalty: Any person violating any provision or paragraph of Sections 3 and 4 of this Local Law, shall, upon conviction, be punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit, or proceeding, to prevent, restrain, correct, or abate any violation of this Local Law. 6. Authorization and Directive to Town Superintendent of Highways: The Town of Queensbury Superintendent of Highways is hereby authorized and directed to install and maintain such traffic control devices as may be required to be installed or maintained by the Town by reason of this Local Law, the New York State Manual of Uniform Traffic Control Devices and New York State DOT Regulations. 7. Effective Date: This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 362, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Town Board and moves into the Queensbury Board of Health. Duly adopted this 1st, day of August, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne None: None Absent:None PUBLIC HEARING - SANITARY SEW AGE VARIANCE IVAN BARSUKOFF PUBLIC HEARING OPENED 7:15 P.M. NOTICE SHOWN Supervisor Champagne-You want to tell us a little bit about the problem and how you plan to correct it other than the compliance. Mr. Barsukoff-Mainly, I would like to hopefully leave it the way it is if possible. To correct this problem it would involve quite a bit of work with taking down a pine tree and moving a couple of telephone lines, a private line also a main line that goes right over the water line. The line itself is somewhere between eight and nine feet down into the ground so you couldn't dig it with a backhoe, I would have to go down by hand. Councilman Monahan-Is there a water line already in? Mr. Barsukoff-Yes, it's been there since the existence of the mobile home park which is around thirty years now. Councilman Monahan-Then why does he have to have a variance now? Dave Hatin, Director of Building and Codes-The Ordinance requires a ten foot separation, Betty. He put in a new seepage pit replaced the existing system he couldn't meet all his setbacks. We tried to come up with alternatives before we sought the variance. Councilman Monahan-It's the seepage pit rather than the water line this reads like it's the other way around. Mr. Hatin- The water line was existing he replaced the seepage pit with a new one to today's standards could not acquire the ten foot. Councilman Monahan-The seepage pit can't meet the distance. Mr. Hatin-Right. Councilman Monahan-It isn't that the water line can't meet the separation distance. This is worded kind of so you would think it's the other way. Do you see any problem? Mr. Hatin-No. The tenant, I believe has signed off. Has signed a release form that you have a copy of he is aware of the situation as well. Councilman Monahan-I don't have it. Mr. Hatin-It's probably in the file, I know it's in the file. Supervisor Champagne-Okay any further discussion? We're ready to vote. Councilman Monahan-Wait a minute, I want to make sure to have that release. Supervisor Champagne-That's on file then? Deputy Town Clerk O'Brien-Yes. Supervisor Champagne-Any further discussion? Ready to vote. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR MR. IVAN BARSUKOFF RESOLUTION NO.: 3,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Mr. Ivan Barsukoff previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provision being more specifically, that requiring that there be a 10' separation between the water service line and the seepage pit, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on August 1, 1994, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. Ivan Barsukoff allowing the placement of the water service line 8'8" from the seepage pit, rather than placing it at the mandated 10' distance, on property situated at Lot #13, Mountain View Mobile Home Park, Aviation Road, Queensbury, New York, and bearing Tax Map #: Section 82, Block 5, Lot 19. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR FOUR (4) VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR KATHLEEN E. WILLIGAN RESOLUTION NO.: 4, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Ms. Kathleen E. Willigan has applied to the Local Board of Health of the Town of Queensbury for four (4) variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pit 150' " " " " and WHEREAS, Ms. Kathleen E. Willigan has indicated a desire to place the seepage pit: 1. liT from a neighbor's well; 2. 125' from a neighbor's well; 3. 128' from a neighbor's well; and 4. 100' from her own well; rather than placing it at the mandated 150' distances, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 22, 1994, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for four (4) variances of Ms. Kathleen E. Willigan to place the seepage pit: 1. liT from a neighbor's well; 2. 125' from a neighbor's well; 3. 128' from a neighbor's well; and 4. 100' from her own well; rather than placing it at the mandated 150' distances, on property situated on Sullivan Drive, Glen Lake, Town of Queensbury, New York, and bearing Tax Map No.: Section 38, Block 2, Lot 17, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR THREE (3) VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR GARY AND JUDY DOBERT RESOLUTION NO.: 5, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Gary and Judy Dobert have applied to the Local Board of Health of the Town of Queensbury for three (3) variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage Pit 150' " " " " and WHEREAS, Gary and Judy Dobert have indicated a desire to place the seepage pit: 1. 110' from a neighbor's well; 2. 85' from their own well; and 3. 125' from a neighbor's water source; rather than placing it at the mandated 150' distances, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 22nd, 1994, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for three variances of Gary and Judy Dobert to place the seepage pit: 1. 110' from a neighbor's well; 2. 85' from their own well; and 3. 125' from a neighbor's water source; rather than placing it at the mandated 150' distances, on property situated on the west shore of Glen Lake Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 39, Block 1, Lot 4, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO.6, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves back into the Town Board of Queensbury. Duly adopted this 1st day of August, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None PRESENTATION COMPREHENSIVE PLAN SLIDE PRESENT A TION BY COMMUNITY DEVELOPMENT STAFF Executive Director, Mr. Martin-Noted he will be going out into the community into the neighborhoods to talk to the residents to get direct ideas about the Town. Early next year the Town Planning Staff will take the information and incorporate it into a written plan which will be reported back to the community later on in the year. The plan will provide direction into the 21st Century. The plan will be written strictly in-house by the in-house planning staff so they will be available to the residents of the town. The first meeting to be held will be Thursday, August 4th, 1994 Bay Ridge Firehouse at 7:00 p.m, with follow-up meetings scheduled throughout the Town. Councilman Monahan-Noted the plan that the staff comes back with in 1995 will not be written in concrete it will be coming back for comment and revision. Looking for people who would like to serve on the Citizens Advisory Board that will help write the plan. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 363, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of June 20th and 27th, 1994, July lIth (4:00 P.M. and 7:00 P.M.) and July 18th, 1994. Duly adopted this 1st day of August, 1994, by the following vote: Ayes: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne Noes: None Absent:None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO.: 364,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Laurel Lane (extension of), (Clendon Brook Subdivision, Phase II), offered for dedication by Cerrone Builders, Inc., and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE SHORT ENVIRONMENTAL ASSESSMENT FORUM Executive Director, Mr. Martin-Does action exceed any Type 1 threshold in 6 NYCRR, Part 617.12? Town Board-No. Executive Director, Mr. Martin-B. Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? Town Board-No. Executive Director, Mr. Martin-Could action result in any adverse effects associated with the following. I. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage of flooding problems? Town Board-No. Executive Director, Mr. Martin-2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources or community or neighborhood character? Town Board-No. Executive Director, Mr. Martin-3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Town Board-No. Executive Director, Mr. Martin-4. Community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Town Board-No. Executive Director, Mr. Martin-5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Town Board-No. Executive Director, Mr. Martin-6. Long term, short term, cumulative, or other effects not identified in Cl- C5? Town Board-No. Executive Director, Mr. Martin-7. Other impacts including changes in use of either quantity or type of energy? Town Board-No. Executive Director, Mr. Martin-D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? Town Board-No. RESOLUTION ACCEPTING DEDICATION OF LAUREL LANE (IN THE CLENDON BROOK SUBDIVISION, PHASE II) RESOLUTION NO. 365, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, CERRONE BUILDERS, INC. has offered a deed to dedicate to the Town of Queensbury Laurel Lane, which is more particularly described in the survey map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he finds the road to meet the appropriate Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances in said road proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said road be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the road be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 353 Description: Beginning at Laurel Lane continuing in a South East-West direction a distance of 1,850' and .35 hundredths of a mile ending at Marigold Drive Name: Laurel Lane Feet: 1,850' Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPROVING AND RATIFYING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NIAGARA MOHAWK RESOLUTION NO. 366, 94 INTRODUCED BY:Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, due to concerns relating to storm water flows in the Queensbury Forest Subdivision, the Town arranged to obtain the permission of Niagara Mohawk to direct storm water onto Niagara Mohawk property in an area where transmission lines are located off of Sherman Avenue, in the Town of Queensbury, and WHEREAS, Niagara Mohawk granted the permission to direct storm water onto its property with the stipulation that an Agreement be signed, a copy of the same presented at this meeting, and the Town Supervisor, on behalf of the Town, executed the aforesaid Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby formally approves the Agreement and ratifies the Town Supervisor's execution of the same on behalf of the Town, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute any further and other Agreements that may be agreed to between the parties and that may be considered necessary or appropriate to direct storm water onto Niagara Mohawk's property, and the Town Supervisor is further authorized and ordered to execute the same on behalf of the Town and place the Town seal on the same, should it be necessary, and generally take all other and further action as may be necessary or appropriate by virtue of the authorizations contained in this Resolution. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: Attorney Dusek -Noted this is the agreement that arose as a result of last Thursday activity up in Queensbury Forest. Contacted Niagara Mohawk on the Towns behalf and was able to secure an agreement for the right to travel on their property and to put water onto their property. This is the follow-up agreement which the Supervisor signed, also authorizing him to execute further agreements should it be necessary. Councilman Monahan-Requested that the Supervisor's Office send a memo to Niagara Mohawk expressing the appreciation of the Board for their cooperation in this situation. RESOLUTION CREATING PART-TIME CLERK POSITION RESOLUTION NO. 367, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of creating the non- bargaining unit position of Part-Time Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates the non-bargaining unit position of Part-Time Clerk and hereby appoints Barbara Howe to that position, Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 368,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver 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: $ AMOUNT 01 - General Fund 04 - Highway Fund 50,000 32 - Quaker Rd. Sewer 34 - Hiland Park Sewer 5,000 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 available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been eamed on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING AND APPROVING NEGATIVE DECLARATION FOR WATER TREATMENT PLANT EXPANSION PROJECT RESOLUTION NO. 369, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously adopted a resolution determining that the proposed increase in improvement of the Queensbury Consolidated Water District Facilities (the water treatment plant expansion) would not have a significant effect on the environment, as more specifically set forth in Resolution No. 335 of 1994, and WHEREAS, in the aforesaid Resolution, the Town Board also referred to an annexed Negative Declaration, and it has been brought to the Town Board's attention that, although the reasons supporting the determination that would be included as a part of the Negative Declaration were present at the Board meeting, the actual Negative Declaration form was inadvertently omitted and not present, and WHEREAS, a Negative Declaration has now been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the annexed Negative Declaration with the reasons supporting the determination to remain the same as previously approved and as now annexed to the Negative Declaration, and the Town Supervisor is hereby authorized and directed to execute the same, if necessary, and file the same in accordance with the provisions of the General Regulations of the New York State Department of Environmental Conservation. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPROVING THE REPURCHASE OF CEMETERY LOTS RESOLUTION NO. 370, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there was previously a sale of certain cemetery lots in the Pine View Cemetery to Mrs. Nora Stark, and WHEREAS, Mrs. Nora Stark has indicated that she would like to sell the cemetery lots back to the Cemetery Commission if agreed upon the Town Board of the Town of Queensbury, and the said Cemetery Commission has requested approval from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it has no objection and approves of the repurchase of the lots by the Cemetery Commission, in accordance with the terms and provisions of a memo from the Cemetery Commission dated May 12, 1993, and hereby further authorizes the Town Supervisor to arrange for the refund of the appropriate amount of monies paid and make such entries and adjustments to the books and records of the Town of Queensbury as may be necessary or appropriate. Duly adopted this 1st day of August, 1994, by the following vote: A YES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None ATTORNEY MATTERS Attorney Dusek-Requested an Executive Session with the Board on three matters. DISCUSSIONS NOLAN PROPERTY Executive Director, Mr. Martin-Spoke to the Board regarding a memo that was sent to board members regarding a piece of property located south of Cronin Road on the halfway brook. This is a land locked parcel that Mr. Nolan is looking to donate to the Town. It was the consensus of the Town Board to accept the property. Attorney Dusek to prepare resolution for regular meeting. JOB EVALUATIONS Supervisor Champagne-Noted the consultants have completed the process. Questioned the Board where they wanted to go with this. Recommended to proceed ahead to identify if all in agreement with the way in which the consultants identified the various jobs in terms of the numerical value, if in agreement then need to go a salary schedule. Councilman Caimano-Noted he was not in agreement with certain parts of the evaluations. Recommended to set a time to discuss this. It was the decision of the Town Board to schedule this for the next workshop. EMERGENCY SERVICES Supervisor Champagne-Noted they are working toward a budget time. Some of the Emergency Services are looking for the final document that we want to have them work with in putting the information together. Questioned where to go from here. Councilman Caimano-Have told each of the services that we were going to hire someone to audit to find out how they were doing things and where they needed help. It was the decision of the Town Board to continue this at next Monday's workshop meeting. Councilman Pulver-Noted that the fire services still need to submit their budgets. Councilman Caimano-Noted they should still continue the way they are going until they hear from the Board. Recommended inviting the Emergency Services Treasurer's to the next workshop. Councilman Caimano to contact auditor. PROJECTED BUDGETS 1995 Supervisor Champagne-In the process of preparing budgets for 1995. Have asked the Department Heads to meet with the various committee's before submitting their preliminary budgets. COMMUNICATIONS Deputy Town Clerk O'Brien-Read the following letter into record. To Supervisor Champagne from James P. King, Member of Assembly, dated July 26th, 1994. Dear Supervisor Champagne: Congratulations on receiving an Environmental Quality Bond Act Grant for your town! This is truly worth recognition. The $81,612 will be instrumental in initiating your Hudson River Park project. You and the other board members deserve to be commended for your work in securing this vital financing. Again, let me offer my sincere congratulations. I wish you the best of luck in your future endeavors. Sincerely, James P. King, Member of Assembly Supervisor Champagne-Noted this is the Hudson Park property that borders the Hudson River at the bridge location coming across from South Glens Falls. This is property that was donated to Warren County by Carl DeSantis. The County has agreed that through a cooperative relationship with the Town they would be willing to offer this to us either for a lease or for sale, have not arrived on how the Board will handle that offer. The $81,612 along with another $81,000 from the local recreation funds will be used to improve the facility. Deputy Town Clerk O'Brien-Read the following letter into the record to James Martin, Executive Director dated August 1, 1994 from Law Offices of Marvin L. Rudnick. Dear Mr. Martin: Our apartment development has been at the same site for over thirty years. Since then, we have become surrounded by new commercial development including Aviation Mall, Glen Square and new Glen Street stores. Meanwhile new developments in the area have caused traffic to wind down to a gridlock crawl. Also, with the addition of Wal-Mart and K-Mart and other developments, there has been interest in easing the traffic flow around the Aviation Road - Glen Street - Quaker Road intersection. We have offered the Town access to our property to relieve this traffic gridlock, on the condition that our property be rezoned so that it is consistent with the surrounding commercial development. We would appreciate that you include our proposal in the public record of the Comprehensive Land Use Study being commenced tonight. We hope that the future of the Queensbury business district will be planned to include our property and a new roadway that will benefit the public as a whole. Sincerely, Marvin L. Rudnick, Esq. OPEN FORUM John Salvador-Spoke to the Board regarding the Hudson Park project. Questioned the process the Town will go through to determine whether or not they want to purchase the land and how much they would pay for it if they did? Supervisor Champagne-Noted that this project was developed and designed with the previous administration. Noted the County is interested in leasing the property to the Town whether or not they are selling do not know, noting these things are still being negotiated. Mr. Salvador-Noted his concern regarding public input regarding this project. Questioned if there is going to be a process for residents to help determine whether or not the Town wants to move forward with this project? Councilman Pulver-Expects to have input from the public, recreation commission, recreation department, planning department, neighborhood meetings. Councilman Monahan-Yes. Noted at the neighborhood meetings this would be a good place for input from residents to come forth with suggestions. Supervisor Champagne-In the long range comprehensive plan it does say that recreational facilities of this nature are needed in the West Glens Falls area. Would further asked from that neighborhood and entire Town that will be supporting this that we should hear from them. Mr. Salvador-Spoke to the Board regarding the Lake George Park Commission and the 1993 Hotline Program, noting that North Queensbury is a part of this. Recommended the information in the report should be a part of the Comprehensive Land Use Plan. Has contacted the County on the status of the County Sewer Supplemental EIS. Noted Bill Remington thinks they will be finishing the study may use the August meeting for this. Noted his concern that this matter deserves a hearing of its own. Spoke to the Board regarding the Stormwater Study Grant from the Lake George Park Commission. Executive Director, Mr. Martin-Noted he would like to set up a meeting with Supervisor Champagne and the Lake George Park Commission and begin to get a handle on the parameters of the grant. As a representative of the Town on the Glens Falls Transportation Council Technical Committee has been fostering those programs and projects which will address runoff from State roads, using State money in areas of the Town and Lake George basin. Mr. Salvador-Recommended the money be used to develop a Stormwater Ordinance that would be part of the Comprehensive Plan. Spoke to the Board regarding the appraisal for the Native Textile property, noting he took the appraisal to another appraiser for his review. Appraiser indicated that the adjustments applied to the comparable sales utilized appear excessive and without sufficient support. Noted he is prepared to go ahead further with the appraisal. Questioned the status of the sale and if the Board intends to move ahead with it? Attorney Dusek-Noted that the sales closes tomorrow. OPEN FORUM CLOSED RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 371, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on August 1st, 1994 and numbering 94290500 through 94302400 and totaling $248,964.65 is hereby approved. Duly adopted this 1st, day of August, 1994, by the following vote: Ayes: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne Noes: None Absent:Mrs. Pulver Abstain:Mr. Caimano (#000127 GF Post Star) RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 372, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss three matters of personnel, two matters litigation, one matter attorney/client privilege. Duly adopted this 1st day of August, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None Absent:Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 373, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 1st day of August, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes:None Absent:None RESOLUTION AMENDING SETTLEMENT AGREEMENT - COLUMBIA DEVELOPMENT RESOLUTION NO. 374, 94 INTRODUCED BY: MR. NICK CAIMANO WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CAROL PULVER WHEREAS, there has been presented at this meeting a Settlement Agreement between Columbia Queensbury Group and the Town of Queensbury, and WHEREAS, the Town Board has reviewed the Settlement Agreement with the Town Attorney, NOW THEREFORE BE IT RESOLVED, the Settlement Agreement is amended to indicate in Paragraph 2A at the very end thereof, and dispose in an approved manner, and BE IT FURTHER RESOLVED, that the Settlement Agreement with the amendment proposed is hereby approved by the Town Board and the Town Supervisor is hereby authorized to execute the same on behalf of the Town and to take such other and further steps as may be necessary and appropriate to settle the matter with Columbia concerning the issues set forth in the Settlement Agreement. Duly adopted this 1st day of August, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION APPROVING SETTLEMENT RESOLUTION NO. 375, 94 INTRODUCED BY: MR. NICK CAIMANO WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. FRED CHAMPAGNE WHEREAS, the Town Board of the Town of Queensbury has been apprised of the matter of Blanche Allegra Ireland and Lake George Association, Inc., against the Town of Queensbury Zoning Board of Appeals and Frank J. Parillo, and WHEREAS, the Town Board of the Town of Queensbury has been advised that a Stipulation is proposed whereby the action would be settled by the payment of the sum of $803.14 by the Town of Queensbury, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves a settlement which would provide that the Town pays $803.14, and BE IT FURTHER RESOLVED, that the Town Attorney is authorized to take such other and further action as may be necessary to settle the action including seeking a court order from the Supreme Court. Duly adopted this 1st, day of August, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 376, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from their Regular Meeting. Duly adopted this 1st day of August, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury