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1995-05-15 TOWN BOARD MEETING MAY 15,1995 7:00 p.m. MTG.#31 RES. 290-314 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Theodore Turner Councilman Nick Caimano Councilman Carol Pulver TOWN BOARD MEMBERS ABSENT Councilman Betty Monahan PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER RESOLUTION POSTPONING HEARlNG-UNSAFE STRUCTURE RESOLUTION NO. 290.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver Motion to postpone action on Linda Usher Unsafe Structure hearing for two weeks. Duly adopted this 15th day of May, 1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan PUBLIC HEARlNG -LOCAL LAW TO AMEND ZONING ORDINANCE MOBILE HOME OVERLAY ZONE NOTICE SHOWN. Supervisor Champagne-Anyone here to speak for or against this, we will leave the public hearing open as it was before and will proceed, anyone here to speak for or against the Parillo overlay mobile home? Yes, Sir, come right to the mic there for us please. Mr. Donald Shay-I would just like to say that my name is Donald Shay. My wife and I have lived in Forest Park for the last twenty six years, over twenty six years and since Frank Parillo has decided to add mobile homes to this ..1 would like to speak on his side. Stating that he has improved it very, very much since he took over, he has repaved the roads he has taken care of septic problems he has done many things that has ended up helping us, I think it is a better place to stay. So, I have been there that long I have seen it as it was and I see it as it is now. It is improving all the time. The only other thing I think some people are aware of that my wife and I a few years ago got nominated honorable mention for beautification award. Which was something that was actually not even expected and bet you there are a lot of other places a lot better than ours. Supervisor Champagne-Thank you. Mr. Shay-I just wanted to state that. Supervisor Champagne-Ok. Anyone else care to speak? Yes, Sir. Mr. Tom Condon-My name is Tom Condon, I own property that is directly impacted by the zoning petition for a change of zoning as I understand the terminology. Is that correct is this a zoning change? Councilman Pulver-It is an application for a change of zone. Mr. Condon-I appeared before the board at the previous meeting, the first public hearing regarding this matter and I have a prepared statement which I would like to re-read and I did not give copies to all board members at that time and I would simply like to restate that written response, prepared response as well as an additional that I have, since then. Councilman Pulver-Mr. Condon, exactly where are you located. Mr. Condon-In that regard I did bring, I believe I have, a map. (using map) this is the Corinth Road here, Northway being here, West Mountain here, this is VanDusen, this is Pitcher, this is my property here which is the third one in from VanDusen. This is directly across from, because this house is directly across from the entrance and the entrance is ...above my property line. So, this is the direct property as I understand...Do any other board members wish to see the map? Councilman Caimano-I have got it right here. Mr. Condon-Do the Board Members understand where my property is in relation to the zoning request. This letter is one that I submitted to the Supervisor Fred Champagne and other members that I thought might be appropriate based on the correspondence I was able to get at that time. Did not copy all Board Members, however I have copies here if any of the Board Members would like copies. This is a letter, this letter is being sent to inform you of my deep concern and strong opposition to the Parillo petition for change of zone. I purchased property in 1992 running between Corinth and Pitcher Roads being the third lot in from VanDusen, toward West Mountain I made a substantial investment for this property as a place to live and enjoy. The property includes quality duplex with owner occupancy. I live there. I meticulously maintain this property and did and do expect reasonable appreciation in value being protected by existing zoning laws. The Parillo mobile home park as it now exists is not being well maintained in my opinion. It detracts from adjacent property values. One only has to drive by and through to see first hand the side of the roads as an example. Litter, lack of maintenance improvements. The Town of Queensbury established existing zoning laws for the protection of property owners and developments that would be an asset and appreciate property value and lives of its citizens and property owners. I recently picked up over a garbage bag full this was prior to the last meeting, public hearing that I was aware of, of litter on the Pitcher Road side of my property which is a direct spill over from Mr. Parillo's existing trailer park. Mr. Parillo has demonstrated to me over a period of time since I purchased the Corinth, Pitcher Road property in May of 1992 that he has little or no concern for his neighbors property values or quality of life. The Queensbury Town Board is respectfully urged to deny the Parillo petition in the interest of Queensbury and most certainly the immediate area of property owners. If there is any doubt in the minds of the, any of the Town Board Members voting on this petition as to its thoroughly negative impact to immediate property owners and its negative impact to the Town of Queensbury please take the time to personally inspect the area. The existing Zoning Laws should be enforced and strengthened not disregarded and changed to negatively impact our community and the investments of its citizens. I understand that the Board has taken the time to inspect the area. In addition I have prepared this prepared statement. Mr. Parillo purchased the land he now seeks a zoning change on in I believe 1990, in or about 1990. Being a parcel separate from the trailer court knowing or should have know the existing zoning laws. Mr. Parillo seeks apparently to make money at the expense of the adjacent neighbors and Queensbury taxpayers by attempting to expand his trailer park. I purchased property in the Town of Queensbury in 1992 making a substantial investment as a place and live and enjoy believing Queensbury to be a good place to live and invest to be protected by existing zoning laws and restrictions. My property is located directly across from Pitcher Road from Mr. Parillo's property that he seeks a zoning change for and would directly and adversely impact and adversely impacted resulting in plummeting property value and deteriorate of quality living for me and the immediate neighborhood. The existing zoning laws and restrictions in the area of VanDusen Road particularly between Corinth Road and Sanders are not being well enforced. I would ask the Board why not. How then can this Town Board in good conscious vote to allow further deterioration in this area by allowing for more trailers when existing trailer court is a problem to the immediate residential neighborhood. In a spill over of litter onto our properties, foot traffic across our property which I have experienced and there were even worn paths across my property and in addition vehicle traffic. Mr. Parillo over the past three years to my knowledge has made no improvements to the existing trailer park and has not controlled the litter spill over or cleaned the area up after the fact, nor has the Town. I have had to pick up and dispose of litter consisting of broken bottles, empty beer and soft drink containers, candy rappers, etc. I was not, too re-iterate my response to the first public meeting, I was not given timely notice of the Town Board meeting and public hearing regarding the Parillo Mobile Home Zoning matter held on April 17, 1995, I guess the notification went out to an address which was better than two years old and I was not given that timely notice. In addition I was not given timely notice of a Town Board Meeting held on May 1st. 1995 at 7:00 P.M. during which again this matter was allowed into discussion and was in fact a matter of discussion before this Board by Mr. John Richards Attorney representing Mr. Parillo. In addition other people had been notified and were present at the meeting but apparently only those favoring the zoning change being residents of the trailer park and I believe this to be not proper. I urge this Board to vote on this petition, to vote no on this petition for zoning change in interest of effected neighbors and the Town of Queensbury. If the Board would like more affordable housing in Queensbury let it be done right so that it would be an asset not a total negative impact. Thank you. Supervisor Champagne-Thank you. Anyone else care to speak? Mr. Richards? Mr. Akins, ok, go ahead. Mr. Roland Akins-Roland Akins, Corinth Road, I am opposed to this rezoning as I said at the last meeting I think you people are aware of the petition that was passed around, signed they are legitimate signatures of landowners in the close vicinity of the park. I think you have got about forty signatures on there. All I am asking you people to do is to vote this down not relax the zoning that is there and maybe improve the other areas by enforcing the existing laws and zoning the day after we were up at the last meeting the area was picked up. The road side was picked up I would probably before your meeting the trucks and the business on the comer Mr. Parillo's property there were several trucks in there they are gone. The dump that he started in the back, brush, chips I noticed that is being covered. So, he is making an attempt to clean the area up at this time. As I said before I no matter what condition the park was I would still object to it. It is going to lower the value of my property. Thank you. Supervisor Champagne-Thank you. Mr. Richards? Attorney John Richards-Thank you Mr. Chairman. My name is John Richards I represent Mr. Parillo on this matter and I would just like to point out a few things, briefly to the Board. As far as the people that objected to it if they have some visceral objection to a mobile home park there is not much anyone can do about that. But, let me just explain or at least point out a couple of things, about this particular mobile home park. First off, is to clarify and we, we want to make this absolutely clear, this is, we are talking about eleven lots here that we would like to establish when this rezoning is complete. There is one hundred and eighty six here already so we are talking about a less than a six percent increase. There is no new access way, being planned or applied for it is strictly an in fill situation the ideal type of affordable housing increase that this town needs, in fill is the best way to do it. You seem, you have gotten a petition from people opposed to it some of whom I think aren't anywhere near this particular part of the park but none the less you have got a petition from some who oppose. You have also got a petition that we submitted prior to that from park residents who are in support of this, we also submitted and I believe you should have in your packets there several letters that people took the time to write both in connection with this application and some four years ago, three and four years ago spontaneous letters to Mr. Parillo complementing him on the park you have already heard from one gentlemen I believe received a beautification award from the Town for his mobile home. Mr. Parillo has made substantial improvements to the park some of the items are infrastructure they may not be readily apparent he has upgraded the septic throughout the park he has repaired and paved the roads he has improved the lighting he is a hands on manager. Any of you that have had an opportunity to drive through the park and look around can see the results of that its wonderful mobile home park. What we are asking for what we are petitioning for is a very minor adjustment to that park most of which would not be visible in the first place from any of the roadways or parcels we are talking about. So, it is a very minor impact it does improve a very substantial problem that this town has in giving clean affordable housing. Mr. Parillo is quite proud of his park and is delighted to be able to contribute to the affordable housing. Supervisor Champagne-Thank you. Anyone else, care to speak, yes. Mrs. Emily Akins-Emily Akins, Corinth Road. I do not know if I remember what I was going to say, so, lets get it together here. Mr. Parillo is it? He seems to think that this is beneficial to our community, I do not think it is beneficial the way the VanDusen Road looks. Going down through Forest Park, you look right through them buffers and wham-oh you see right through them. Now, whatever buffers he is going to be putting on there they have got to be years to grow if he puts any. I am sorry but it has went down hill very much since he has owned it. I know darn well, my taxes are going to be danm lowered I am sorry to use this language, but, they have got to be lowered, way lowered if this goes through. There will be no buffer zone at all. And you people have got to make the decision, I hope you choose the right one. Thank you. Supervisor Champagne-Thank you. Anyone else care to speak? Mr. Brian Warner-My name is Brian Warner, I own the property on the comer of Pitcher and VanDusen to comer of Corinth and VanDusen so it would directly effect me, it would be my neighbor and there is no kind of buffer there now and like this woman just said it would take years for something to grow and I think it is pretty congested there as it is without adding eleven more mobile homes and I use to deliver gas in a mobile home park, there are some beautiful lots in there but none of them are on VanDusen Road. I am strongly opposed to it. As far as signatures from people in the mobile home park I do not feel they are not land owners, some of them come, they go, I see a lot of them come and go, I think you should listen to the people who live in the area who pay the taxes. That is all I got to say. Supervisor Champagne-Thank you. Anyone else? Ms. Robin Brewer-Hi, Robin Brewer, I just had a written statement I could hand in basically saying that I am opposed to the current application for the expansion of the mobile home overlay zone. I believe that the expansion of this park would not provide an adequate buffer to sufficiently screen the planned additional lots. Mr. Richards, I believe, said there is eleven lots, it is very minimal eleven lots but where the eleven lots are is, has a big impact, it is one of the most visible comers of a highly traveled and frequented area. Being a nearby neighbor of the trailer park I frequently travel both VanDusen and Pitcher Roads presently there is very little in the way of buffers along either of these two roads. Any expansion of this park I feel will only make conditions worse rather than work to improve the problems that already exist. Councilman Pulver-Thank you, Robin. Supervisor Champagne-Thank you. Ms. Keeta LaMere-I am Keeta LaMere my husband Russ and I own a residence on Pitcher Road it is up on a hill and we have direct eye view access into the park. I am very... Councilman Pulver-You are on Pitcher Road Ms. Keeta LaMere-Right, right next to the ...up on a hill and we can see directly into.. Councilman Pulver-I know exactly where you are. Ms. Keeta LaMere-Ok. We are both very opposed to this because of the track record that Mr. Parillo has for keeping this trailer park up. It may be fine for some of the people in the park but for the taxpayers outside we are the ones that see all of the bad things. It just seems to me that there would not be enough of a buffer and we are still waiting for him to put a buffer up where he clear cut the trees in 1992, on top of the hill where he put the new trailers in. Councilman Pulver-I was not at the original meeting that you had here and I have read all the minutes to the meeting and today I did have the Planning Dept. come up with some research for me and I have not located where it said he would re-establish those trees, but you seem to recall that, that he was supposed to do that. Ms. LaMere-No, but the point is, we were never notified that he was going to cut the trees down and put more trailers in to begin with. Councilman Pulver-Oh, all right. Ms. LaMere-That is such an eye sore and he also has had trucking companies there and granted he has cleaned it up for the moment but I just, I think it is on such an obvious comer where he wants this and I cannot believe that people that would move in there I cannot believe that they would spend a lot of money to move in there when they are looking right onto junk yards on VanDusen Road. We are just very opposed to it. Supervisor Champagne-Thank you. Attorney Richards-Can I just clarify something... Supervisor Champagne-Come right up. Attorney Richards-First off, of course as far as the buffer goes and this is John Richards again, there is a two part process as you know to complete the approvals here and we are really just on the overlay phase I, so to speak, and as to that phase I the planning board and the planning staff have both recommended approval of this application because it meets the need of the Town and because it has no adverse impact. As far as the concerns of some of the residents about clear cutting and adding mobile homes I believe Betty was quite adamant, Betty Monahan was quite adamant, to have that issue checked out and I believe that the planning staff and or David Hatin came over and did check that out again and there was not clear cutting, there were no new homes added, what there were was some re-positioning of homes and yes some trees were removed in the course of that. But, you drive down the road it is clearly not clear cut and it never was. There was no, there is nothing done here that isn't above board and in total compliance with all the town regulations. There has never been any notice from Dave Hatin of violations, this is a clean park, always has been always will be and I just want to make that absolutely clear. One other item, one resident indicated that there is kind of a transient population within the park, they come and they go, some of the letters that you have before you one is from a resident of twenty one years, actually two are from residents of twenty one year another one twenty seven years, I believe the gentlemen that received the award he and his wife lived there over twenty years. There are many long term residents there who are certainly every bit as much residents of the Town of Queensbury as adjacent owners. Thank you. Supervisor Champagne-Thank you. Yes, Sir. Mr. Condon-I guess I just seek equal time here because we seem to have a rebut to everything that the, those that are opposed are at least trying to point out to the Board. The additional eleven trailers that were mentioned there is only a fraction or a small percentage of the total number there now. I fail to see the significance of that the eleven additional trailers would substantially change the real estate and would as one of the parties has already mentioned take away the existing effective buffer zone that is a very large profile segments of the over all area there now. The petition with forty signatures has been down played by Attorney Richards is to my knowledge a submittal time taken by those concerned of the directly impacted residents outside the trailer park. I think should have equal weight if not more weight than individuals within one particular development. These are people from all outside of the area that have to put up with what is there now. I would strongly protest the representation that it is well cared for. I have lived there I have picked up the debris I have seen no substantial improvement, it is easy to say that something has been done over the past twenty year period I am speaking of the last twenty two year period and it has been a problem. I can speak by first hand experience. The improvements that have been mentioned here tonight giving fair credit to what has been done over the past several weeks is an obvious attempt to get favorable vote by this Board. Why wasn't it happening before. The public did not have a chance to input the process early on. I do not know where the process is taking us, past this meeting but the public did not have a chance at least I am not aware of opportunity of address it so that the planning board and the previous entities within this process would have input directly from those effected. Those property owners directly impacted by this petition for change. Thank you. Supervisor Champagne-Thank you. Anyone else, care to speak? Mr. Jean Bigalow-My name is Jean Bigalow and I too am a long term, or time member or resident of Forest Park, moved there in 1968 so I have been there a long time. I am not here to talk about buffer zones, I did not know what the issue was I am merely here to say in the time that I been associated with Mr. Parillo that anything that he promised to do for me he has done, anything that I have asked him to do was done on the moment or within the next two or three moments so I'm just saying that if he is promising to do something to upgrade the comer or put in a buffer zone I almost feel that he will do it, gladly. Thank you very much. Supervisor Champagne-Ok. Anyone else care to add anything to the discussion? Mr. Paul ....- I have only lived in Forest Park a year and a half but I do want to say it is a very nice clear quite place to live in fact it is almost living, like living, remembers me of living on the farm in Ohio where I was brought up. Thank you very much. Councilman Caimano- Thank you. Supervisor Champagne-Ok. Carol Councilman Pulver-Well I just hope I can remember everything that I wanted to say here. What Mr. Parillo is asking for is a change of zone and this is not in the mobile home overlay park right now as it stands. He is asking to extend the mobile home overlay zone to these properties. As to the six percent, he says it is only a six percent increase I agree I found no significance to that at all. I do not believe that anyone here tonight objects to the park and everyone seems to greatly appreciate the improvements that Mr. Parillo has made to the park and I would guess that he is a good businessman and wants to keep his tenants that he would continue to make those improvements but I do not see that being relevant but I do not see that being relevant to this petition at all. As to the planning staffs recommendation and the Planning Board recommendation you are correct Mr. Condon the neighbors did not get to speak at the Planning Board Meeting I read all those minutes so you did not get your input on that. As to the Planning Staff recommendation I have read the Planning Staffs all the notes and pretty much all they said was the applicant states that there is a need, the applicant said, the applicant this the applicant that. But the applicant never actually brought forth any documentation to support what he claims is the need for affordable housing. I happen to believe that we do have a significant amount of affordable housing in this town as it stands right now. A portion of this property is currently being used as a single family residences and is not, I do not see any hardship to that particular piece of property because I know I pass there everyday myself it has been used as a single family residence. There is no doubt that the applicant is going to receive financial gain from this rezoning and I just question what exactly the benefits are going to be if we rezone this? What the benefits will translate to, for the people and the citizens of Queensbury. I will make a motion to put it on the table. Councilman Caimano- The public hearing is still open. Supervisor Champagne-Anyone else from the Board? Anyone else from the public? Attorney Richards-We do not have to prove a variance that is not why we are here, we are not here for a variance application.l read over the Planning Board, the Planning Staff notes dated February 28th and says quite in there, quite straight forward in there that the proposed rezoning will provide a variety of affordable housing the interest of the community are being served, staff can recommend approval of this rezoning proposal. Councilman Pulver-Did you read where it said the applicants states that the need for this rezoning is for affordable housing, the applicant states, the applicant states. But the staff should have done the research to find out whether or not what the applicant said was correct or you should have provided some documentation that says yes this is what our Town happens to need right now. Attorney Richards-We certainly provided every document that the Town has asked for and would be glad to provide more if there is more that you need. It certainly is not for a lack documents that the application suffers. Supervisor Champagne-I guess we need a motion...excuse me Mr. Akins-I have one more comment, I mentioned at the last meeting that Mr. Warner and ourself applied for a mobile home permit several years ago, I think his was about two years ago mine was pretty near eight years ago, I actually think it was that long. There were temporary permits, all we wanted it for was a year or two, we were turned down ..the answer that I had got at that time, my property, they were protecting my property by turning my mobile home permit down. Now if you do rezone this those are permanent mobile home there they are not temporary. I was putting, going to put a mobile home on thirty acres of land back away from the road and I am glad you turned it down at that time the Zoning Board. I do not know what Mr. Warner... Councilman Pulver-Actually I have Mr. Warner's motion that denied his variance right here and it pretty much exactly what you stated is in this denial. Mrs. Akins-Does Mr. Parillo own the land now? Supervisor Champagne-Yes. Mrs. Akins-When did he buy it? Councilman Caimano-I do not think that is, well.. Mrs. Akins-Whatever, what I am getting at is I do not think that you are causing him any hardship that you should be, this place should be approved, ... Supervisor Champagne-Ok. Thank you. Close the public hearing. RESOLUTION TO DISAPPROVE REZONING-PARlLLO RESOLUTION NO. 291.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner MOTION, to disapprove the rezoning for the Parillo property tax map number 125-1-28. Duly adopted this 15th day of May, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner NOES: Mr. Champagne ABSENT: Mrs. Monahan Discussion held during vote: Supervisor Champagne-I have a problem with this obviously and having Mrs. Monahan research this from day one, spent a lot of time with it, had talked about building in some contingencies that might possibly cause a situation to be approved also I have a strong feeling that this Town does need affordable housing and that we don't have a waiting list out there of people ready to supply affordable housing and that particular site appears to be to be ideal for that so I am going to vote no. And that is to approve it. Councilman Caimano-Now as far as I understand it the applicant still has the option of going to the, because he owns that property and it is zoned differently he still has the option of going to the ZBA for a variance to do essentially the same thing. RESOLUTIONS RESOLUTION AMENDING RES. 152, 95 CONCERNING HIRING O'BRIEN & GERE ENGINEERS, INC. CONCERNING SANITARY SEWER CAPACITY STUDY IN GLENS FALLS - BAY AT SANFORD STREETS RESOLUTION NO.: 292.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 152, 95 to retain the services of O'Brien & Gere Engineers, Inc., said services to be paid for from the "Engineering Services Account No.: 40-8310-4710," and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution such that the services should be paid for from the "General Fund Engineering Account No.: 01-1440-4400," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 152, 95, to read as set forth hereinabove. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION APPROVING THE REPURCHASE OF CEMETERY LOT RESOLUTION NO. 293.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, there was previously a sale of a certain cemetery lot in the Pine View Cemetery to Edward & Myra Woodward, and WHEREAS, Edward & Myra Woodward have indicated that they would like to sell the cemetery lot back to the Cemetery Commission, if agreed upon with 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 Lot No. 21-D, Mohican Plot, Deed No. 2214, by the Cemetery Commission, for the sum of $400.00 ($600.00 original purchase price less $200.00 perpetual care) and hereby further authorizes the Town Supervisor to arrange for the refund of the amount of $400.00 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 15th day of May, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT : Mrs. Monahan RESOLUTION APPROVING TWO YEAR EXTENSION OF TIME FOR FINAL SURF ACING ON F AIRWAY COURT RESOLUTION NO. 294. 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Kenneth M. Collette and Laura M. Collette previously dedicated a road known and identified as Fairway Court to the Town of Queensbury, and WHEREAS, at the time of dedication, Kenneth M. Collette and Laura M. Collette provided the Town with cash in the amount of Seven Thousand Dollars ($7,000.00), which was placed in the Town escrow for purposes of providing security for the placement of a final coat of blacktop on the road, and WHEREAS, Kenneth M. Collette and Laura M. Collette have requested an extension of time in which to place the final blacktop surfacing on the road, and Paul Naylor has review said request and has indicated that he is agreeable to providing the contractor with a two year extension in which to place final blacktop on the road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves a two (2) year extension of time for Kenneth M. Collette and Laura M. Collette to place final surfacing on Fairway Court and further authorizes the Town Supervisor to execute any further agreements that may be necessary to implement this extension. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING PURCHASE OF TOWN FLAGS RESOLUTION NO.: 295.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the purchase of two flags and a banner bearing the insignia of the Town of Queensbury and other appropriate information or designations at a cost not to exceed $1,067., to be paid for from the Celebrations Account No.: 01-7550- 4400. Duly adopted this 15th day of May, 1995 by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan Discussion held-Councilman Pulver-Two flags, one here next to the American Flag, one will be in the forier in the Town Hall and one banner and one parade banner. RESOLUTION REQUESTING PRIOR NOTICE BY DEC RESOLUTION NO. 296. 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury recognizes that, from time to time, the New York State Department of Environmental Conservation grants or provides permits for certain activities to occur within the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury feels that it is appropriate to request that the Department of Environmental Conservation notify the Town of every instance where a permit is going to be granted or provided for a particular activity in the Town of Queensbury upon the grounds that it will allow the Town an opportunity to notify DEC and coordinate SEQRA reviews where the Town is also a permitting agency and, therefore, better serve the interests of all of the residents of the Town, including that of the applicants for these permits, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the Town Supervisor notify the appropriate officials at DEC of the Town's position, as set forth in the preambles of this resolution, and take such other and further steps that may be appropriate to attempt to secure the cooperation ofDEC with regard to the Town Board's concerns, as well as establish an administrative program internally to assist in carrying out the objectives of this resolution. Duly adopted this 15th day of May, 1995, by the following vote: AYES : Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: Mrs. Monahan RESOLUTION RESCINDING RES. 612, 94 CONCERNING INSTALLATION OF STREET LIGHTS RESOLUTION NO.: 297.95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has been advised that a certain resolution concerning the installation of lights was adopted in error, as the proposed type of lights for the area are not the usual street lights arranged for the lighting of streets in the Town of Queensbury, and is similar to another request for lights that the Town of Queensbury is currently studying, and therefore, a decision concerning such lighting would be more appropriately made at a later time, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 612, 94, which authorized the installation of certain lights on the following intersections: 1. Intersection of Walker Lane and Bay Road; 2. Intersection of Walker Lane and Dorlon Drive; 3. Intersection of Baybridge Drive and Dorlon Drive (2); 4. Intersection of Baybridge Drive and Gentry Lane. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan Discussion held: Councilman Turner-What this is relevant to when this came before the board in December, and was approved in December it was the assumption of the Board that these were going to be conventional street lights. These are actually architectural lights so in that respect what we have to do, we have to have a policy by the Town whereby some method to address the architectural lights vs the standard street light. RESOLUTION TO SET PUBLIC HEARlNG ON PROPOSED LOCAL LAW REGULATING PARKING ON A PORTION OF GLENWOOD AVENUE BY HOVEY POND IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 298.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provide for the regulating of parking on a portion of Glenwood Avenue in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the proposed action is determined to be a Type II Action under the rules and regulations of the New York State Department of Environmental Conservation relative to SEQRA, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on the 5th day of June, 1995, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION TO REPEAL ORDINANCE NUMBER 3 ORDINANCE RESTRICTING PARKING OF VEHICLE ON GLENWOOD A VENUE RESOLUTION NO. 299. 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, an Ordinance was previously adopted by the Town Board of the Town of Queensbury on or about May 15, 1956, which Ordinance purports to prohibit parking on a portion of Glenwood Avenue, and WHEREAS, the Town Board of the Town of Queensbury has adopted a Resolution which authorizes a public hearing and will cause the consideration of a local law which would regulate parking on both sides of Glenwood Avenue, and WHEREAS, the aforesaid Local Law would, in some instances, duplicate the effect of the previous Ordinance and/or be confusing when both laws are considered together and, therefore, the Town Board is of the opinion that the aforesaid Ordinance Number 3 should be rescinded or repealed in the event that the aforesaid Local Law concerning parking on Glenwood Avenue is adopted, NOW, THEREFORE, BE IT RESOLVED, that, pursuantto Section 130 of the Town Law of the State of New York, a public hearing on the repeal of Ordinance Number 3, entitled "Ordinance Restricting Parking of Vehicles on Glenwood Avenue" in said Town of Queensbury, be held on the 5th day of June, 1995, at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, New York, and that notice of the time and place of said hearing describing, in general terms, the proposed repeal of the Ordinance be published at least ten (10) days prior to the date specified for the hearing, and BE IT FURTHER RESOLVED, that the Notice of Hearing on the proposed repeal of the Ordinance is hereby approved. Duly adopted this 15th day of May 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION APPOINTING MEMBERS TO QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 300.1995 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has received notice from the Queensbury Economic Development Corporation (QED C) that there are vacancies on the Board of Directors for the QEDC, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after giving due consideration, does hereby appoint Mr. David DeMarco, Ms. Debra Skinner, and Mr. George Goetz as Directors to the Queensbury Economic Development Corporation effective immediately. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION TO ACCEPT BID FOR PURCHASE OF CAST/DUCTILE IRON FITTINGS, DUCTILE IRON PIPE, FIRE HYDRANTS, VALVE BOXES AND RESILIENT WEDGE GATE VAL VEIT APPING VALVES AND SLEEVES RESOLUTION NO. 301.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of cast/ductile iron fittings, ductile iron pipe, fire hydrants, valve boxes and resilient wedge gate valve/tapping valves and sleeves, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has made recommendations in connection with the bids, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the aforementioned materials as follows: 1. Cast/Ductile Fittings Pipe to VELLANO BROTHERS; 2. Ductile Iron Pipe to ATLANTIC STATES CAST IRON PIPE CO.; 3. Fire Hydrants to VELLANO BROTHERS; 4. Valve Boxes to RAMSCO; 5. Valves/Tapping Valves & Sleeves to VELLANO BROTHERS; and BE IT FURTHER, RESOLVED, that said items are to be paid for from Water Department Account No.: 40-8340- 2899. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING SERVICES OF O'BRIEN & GERE ENGINEERS, INe. IN CONNECTION WITH THE WATER TREATMENT PLANT EXPANSION RESOLUTION NO.: 302.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, previously authorized the retention of the services of O'Brien & Gere Engineers, Inc., to provide engineering services in connection with the Queensbury Consolidated Water District Water Treatment Plant Expansion Project, and WHEREAS, certain changes have been proposed in connection with the engineering services provided by O'Brien & Gere Engineers, Inc., the same including, but not limited to, the current construction duration being changed from 14 months to 18 months, additional design items, additional engineering inspection services, and the budget for engineering, expenses set forth in the original map, plan, and report has therefore been modified to a total cost not to exceed $1,129,900, and WHEREAS, a letter from O'Brien & Gere Engineers, Inc., dated May 5, 1995 together with attachments outlines the specifics concerning the engineering services as previously described, a copy of said letter and attachments being presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the increased total costs of engineering services of O'Brien & Gere Engineers, Inc., as set forth in the letter-form agreement with attachments dated May 5, 1995, and BE IT FURTHER, RESOLVED, that the costs of the engineering services shall be paid for from the same fund out of which engineering services for the Water Treatment Plant Expansion have been previously authorized. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan Councilman Caimano-It should be noted that, that entire budget is not affect it is a matter of transferal within the bid itself. RESOLUTION AUTHORIZING RETENTION OF SERVICES OF ENVIRONMENTAL CAPITAL ASSOCIATES, INe. RESOLUTION NO.: 303.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of Environmental Capital Associates, Inc., for purposes of providing financial advisory services in connection with a study as to whether a refunding of some or all of the 1987 bonds will save the Town sufficient funds to warrant such a refunding, and WHEREAS, it is the Town Board's understanding that Environmental Capital Associates, Inc., shall not be paid for any of its services unless the Town Board should determine it appropriate to arrange for the bonding and accordingly, the refunding of existing bonds, and that whether to do so will be at the sole discretion of the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of Environmental Capital Associates, Inc., for the purposes of providing financial advisory services in connection with the Town's borrowing from Environmental Facilities Corporation under State Revolving Fund for the purpose of refunding all or part of its existing 1987 bonds, and for certain other purposes, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the proposed, letter-form agreement dated May 4, 1995 with Environmental Capital Associates, Inc., provided that the following statement is also added to the agreement: "It is agreed by the parties that the Town of Queensbury shall not be liable or obligated to pay Environmental Capital Associates, Inc., or Richard N. McCarthy, any amount of money if the Town decides not to proceed with a refunding of the 1987 bonds by the issuance of new bonds through the Environmental Facilities Corporation. The decision whether to proceed will lie in the total and complete discretion of the Town Board and if such bonding or refunding does not occur, Environmental Capital Associates, Inc., will not be paid any sum of money from the Town of Queensbury, regardless of the amount of work and time that the Corporation or Mr. McCarthy shall have spent in connection with the project. " and BE IT FURTHER, RESOLVED, that the costs of the services provided for in this resolution shall be paid for from Account #32-8110-4400, with estimated revenues from bond proceeds to offset the increase in appropriations. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION RETAINING LEGAL SERVICES OF HODGSON, RUSS, ANDREWS, WOODS & GOODYEAR RESOLUTION NO.: 304.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is undertaking a study as to whether it would be in the Town's economic interest to refund certain bonds, and WHEREAS, the Town Board of the Town of Queensbury has been advised that the assistance of bond counsel is necessary in connection with such project, and Hodgson, Russ, Andrews, Woods & Goodyear has offered to provide such services at an hourly rate of $190.00 for A. Joseph Scott, III, Esq., and $145.00 per hour for Karen S. Martell, Esq., and WHEREAS, Hodgson, Russ, Andrews, Woods & Goodyear are currently performing services for the Town in connection with a bond issue, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Hodgson, Russ, Andrews, Woods & Goodyear, and more specifically, the services of A. Joseph Scott, III, Esq., and Karen S. Martell, Esq., of that firm, for purposes of assisting in the determination of whether a refunding of bonds would be appropriate for the Town, and BE IT FURTHER, RESOLVED, that the cost of such legal services shall not exceed the sum of $5,000., without further authorization of the Town Board, and BE IT FURTHER, RESOLVED, that the services of Hodgson, Russ, Andrews, Woods & Goodyear, shall be paid for from Account No.: 01-1420-4130, with appropriations of $5,000. to be transferred from the Contingency Account No.: 01-1990-4400. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING THE HIRING OF THE SERVICES OF A FIRE CONSULTANT RESOLUTION NO.: 305.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has interviewed various persons and companies for the purposes of providing consulting services in connection with the Town's fire protection needs, and WHEREAS, the Town Board of the Town of Queensbury has determined it appropriate to retain the services ofMMA Consulting Group, Inc., Mark E. Morse, President, to provide services outlined in the Proposal to Study and Report on the Fire Service dated March 1995 on this, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services ofMMA Consulting Group, Inc., Mark E. Morse, President, at a cost not to exceed $19,650.00, with the cost of the services to be paid for from Account #05-3410-4400, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to enter into an Agreement with Mr. Morse concerning the provision of services, which services shall be in accordance with the Proposal to Study and Report on the Fire Service dated March 1995, and also which Agreement shall be in a form approved by the Town Attorney. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES Mr. Turner ABSENT: Mrs. Monahan RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 306.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: COMPTROLLER: FROM: TO: $ AMOUNT: 001-1990-4400 (Misc. Cont. Contingency) 001-1430-1045 (Personnel Director) CEMETERY: FROM: 02-02-2680 (Insurance Recoveries) BUILDING & GROUNDS: FROM: 01-5132-4810-0000 (Equipment Rental) 001-1440-4400 (Engineer Services - Misc. Contractual) 2,700. 001-1430-4400 (Personnel/Misc. 250. Contractual) TO: 02-8810-4400 (Misc. Contractual) 4,388. TO: 001-1620-4650-0023 (Air Conditioning & Furnace Repair) 5,000. FROM: COMMUNITY DEVELOPMENT: TO: 01-3510-4400 (Misc. Contractual) WATER: FROM: 40-8320-2899 (Capital Constr.) and BE IT FURTHER, 01-3510-4410 (Gasoline) 400. $ AMOUNT: $ AMOUNT: $ AMOUNT: TO: $ AMOUNT: 40-8310-2031 10,000. (Water Administration - Computer Hardware & Software) RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 15th day of May, 1995, by the following vote: NOES : None AYES : Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING AND APPROVING ACCESS AND UTILITYIROAD CONSTRUCTION LETTER OF CONSENT RESOLUTION NO.: 307.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury is the owner of certain property adjacent to the water plant, and Niagara Mohawk Power Corporation currently has an easement for an access and utility road over said property, and WHEREAS, as part of the construction project involving Hudson Pointe, Niagara Mohawk and the Michaels Development Group, Inc. desire access over the previously identified easement for the purposes of gaining access to the development site by vehicle and on foot, and WHEREAS, a proposed access and utility/road construction letter of consent has been presented at this meeting, which letter of consent sets forth insurance requirements, indenmification requirements and use requirements of easement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes and directs the Town Supervisor to execute the Agreement on behalf of the municipality and place the seal of the municipal corporation on said Agreement. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION APPOINTING MEMBERS TO ETHICS BOARD RESOLUTION NO.: 308.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, adopted Local Law No.8, 1992, entitled, "Ethics and Disclosure Law," and WHEREAS, the aforesaid Local Law provides for an Ethics Board consisting of five members, each appointed by unanimous vote of the Town Board, and WHEREAS, there are presently three vacancies on the Ethics Board and interviews have been conducted to fill said vacancies, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints to the Ethics Board, Ms. Kathleen Irion and Mr. Kevin O'Brien, to fill the expired terms of Mr. Frank Munoff and Mr. Leonard D. Biles, Jr., said new terms to expire on October 26, 1998, and hereby appoints Ms. Susan Spector to fill the unexpired term of Col. Robert Avon, said term to expire on October 26, 1996, and BE IT FURTHER, RESOLVED, that each of the above-appointed persons shall be required to file an Ethics and Disclosure Statement within 30 days of the date of this resolution, and said persons shall also file within said 30 day time period, an Ethics and Disclosure Law Review Form. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION APPOINTING MEMBERS TO ETHICS ADVISORY COUNCIL RESOLUTION NO.: 309.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, adopted Local Law No.8, 1992, entitled, "Ethics and Disclosure Law," and WHEREAS, the aforesaid Local Law provides for a Code of Ethics and for an Ethics Advisory Council consisting of five members, each appointed by unanimous vote of the Town Board, and WHEREAS, there are presently three vacancies on said Ethics Advisory Council and interviews have been conducted to fill said vacancies, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints to the Ethics Council, Ms. Ann M. Doerffel and Mr. Arthur Gottlieb to fill the expired terms of Mr. Guy A. Visk and Ms. Marilyn P. Miller, said new terms to expire on September 28, 1998, and hereby appoints Ms. Marion Marcy to fill the unexpired term of Mr. David St. Germain, said term to expire on September 28, 1996, and BE IT FURTHER, RESOLVED, that each of the above-appointed persons shall be required to file an Ethics and Disclosure Statement within 30 days of the date of this resolution, and said persons shall also file within said 30 day time period, an Ethics and Disclosure Law Review Form. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY AT HILAND PARK RESOLUTION NO.: 310.95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr.Theodore Turner WHEREAS, the American Golf Corporation, as agent for Hiland Park, has requested permission to conduct a fireworks display as follows: SPONSOR: American Golf Corporation PLACE: Hiland Park, Haviland Road, Queensbury DATE: May 18, 1995 TIME: 9:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display; 2. The date and time of day at which the display is to be held; 3. The exact location planned for the display; 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks; 5. The number and kind of fireworks to be discharged; 6. The manner and place of storage of such fireworks prior to the display; 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions; B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Co., Inc.; D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells; and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 15th day of May, 1995, by the following vote: AYES Mrs. Pulver, Mr. Turner, Mr. Champagne NOES Mr. Caimano ABSENT: Mrs. Monahan Discussion held before vote: Town Clerk announced that the insurance company is not licensed in the State of New York but has an AAA rating... DISCUSSIONS Supervisor Champagne-read the following letter: Queensbury Water Dept. Dear Mr. Flaherty, Recently I had an occasion to call upon the water department for assistance. I would like you to know how much I appreciated your employees assistance in trying to solve my problem. Each time one of your employees came to my home and talked to me or by phone they were courteous and made every effort to pin point the problem and to discuss ways to try to solve it. I would particularly like to mention Frank Palangi, Claude White, Ralph VanDusen and Marie, and in quotes here, who was always so patient with my many many phone calls. Very Truly yours. Rita Griffith, Bay Bridge Drive. Congratulations Tom, good work. TOWN CLERK DARLEEN DOUGHER-I have received from the Comptroller Office, Queensbury Center, West Glens Falls, So, Queensbury and North Queensbury and Bay Ridge Vol. Fire Company report of examination from the State...Oll file in the Town Clerk's Office. OBRIEN AND GERE WATER STUDY REPORT-Water Supt. Thomas Flaherty reviewed with the Town Board the report as received from O'Brien and Gere on last Thursday...the report did exactly what we asked it to do. They were asked to review the current application on the 15 million gallon a day expansion that we are undergoing now and determine the availability of any surplus within that expansion that could be allotted to the City of Glens Falls. They were also to determine the capacity available in the transmission mains at the Aviation Mall. They were also asked to determine the costs of expanding the plant to provide Glens Falls with all of their needs. Determined that we do have a limited amount of capacity to provide the City of Glens Falls with up to 3 million gallons per day peaking water if we were to supply the City with all of their water it would need an additional expansion of the plant. Capacity of the plant of 15 million gallons is allocated 10 million to the Town of Queensbury and that takes into consideration a project peak day of 10 to 11 million gallons in the year 2020. It allocates one million gallons of water for the Village of Hudson Falls. One million gallons for the Town of Moreau, and three million gallons for future growth. Two scenarios, the estimated cost for expanding the water plant by additional four million gallons was four million dollars, that is taking the three million gallons that we have got that we list for expansion and expand for another four that would give the City seven million a day supply, if you were to expand the plant to provide the additional seven million gallons and you keep the three million that we have now for growth, the option would be six million dollars. If we were to supply all the water to the City of Glens Falls that would require some transmission modifications, estimated at one million and a half. We have now an additional three million gallons of water for sale, if you expand the plant another four million gallons that would give the City seven million gallons that they need for their total use. The cost of that is four million dollars. They would also need a million and a half of transmission improvements, so under that scenario you are talking five and a half million dollars. Second scenario where you are going to increase the plant from fifteen million to twenty two million gallons, which is an additional seven million gallons allotted to the City of Glens Falls, plus they have the six million dollars then you have a million and a half...cost the total cost is seven point five million dollars. The third avenue, selling City Peaking Water, that we have available to them depending on how it is sold to them at a buy in cost at around three million dollars then they would pay operation and maintenance and the cost of production. ..It would be around eighty nine to ninety cents per thousand gallons...spoke to the Board about a Water Authority... Supervisor Champagne-They have a request in now for surplus water... Water Supt. Flaherty-I have a request that they wanted a cost of surplus water, about and beyond what they can produce in peak days. spoke about the City using meters... Supervisor Champagne-We will wait on this until the City replies... re: West Glens Falls water grant... Executive Director Martin-We missed by six places in the rank...the application ranked 109 the cut offfor the grant was 103. Water Supt. Flaherty-Noted that we have received word from Congressman Solomon's Office that we can reapply for the next round. Executive Director Martin-There may be an opportunity also now I would like to review the employment of the town there are bonus points for hiring of minority employees. ATTORNEY MATTERS Attorney Dusek-Requested Executive Session Supervisor Champagne-Curtis Lumber Co. we have checked those sales tax receipts and they are going into Warren County. Re: Hazardous Waste Day...will be held in an every two year cycle, so it will be next year. OPEN FORUM Mrs. Jennifer Nyfield and Mrs. Pat Leonard, representing the Twicwood Homesowner Assoc. Gave hand outs to the Town Board... Spoke to the Town Board regarding the placement of street lights in their area...would like to have architectural lights put in...noted seeking lights because of two blind comers on Twicwood and Cedarwood, very dark area...people walk on the roads asking for fifteen street lights....requiring architectural type lighting...noted no poles all underground lighting in the area... Councilman Turner-Noted he has gone over this with Attorney Dusek, I have also contacted Niagara Mohawk for a comparison...standard light vs. architectural light if the difference is greater then the people who want those lights will have to pick up the extra costs...we have to have a policy... Mrs. Leonard-It is past practice that they have been put in, in the Town of Queensbury.. .They were put in Edgewater seven or eight years ago..they were put in Greenway North...the Sheraton has them...all of these are paid for in the Central Queensbury Lighting Dist. Supervisor Champagne-Our problem is that the practice is varied, in some cases it was paid by the developer and in other cases it was paid by the group that wanted the lights and in other cases evidently the town did pick up the tab, so I guess that is what we have to resolve now is how we want to proceed and who pays. Board discussed setting up of a Board Meeting for workshop on lighting...June 12th... Mr. Dave Kenny-Spoke on lighting for Million Dollar Half Mile... Discussion held to set up a separate workshop for that area... Mr. John Salvadore-Warren County passed resolution No. 282 concerning the Warren Co. Sewer Project.. .how does that impact us? Supervisor Champagne-There is no impact on us until we know what the numbers are...my bottom line is $400.00 per year per house or per EDU that is it... Mr. Salvadore-Questioned what will happen if it comes over $400.00 per EDU? Noted he wanted an environmentally sound project that is cost effective. Supervisor Champagne-If it goes completely out of sight we will go back with more public hearings... Mr. Salvadore-The stormwater management project for the Town. Executive Director Martin-We are meeting tomorrow... Mr. Salvadore-Any thought of an environmental impact study? Executive Director Martin-Premature at this point. Mr. Salvadore-The Lake George Park Commission has called a meeting of a planning committee, are we going to participate at all? Councilman Caimano-We do not know about it. Mr. Salvadore-Regarding the letter complementing the water department on solving some kind of a problem, I would like to know what was the nature of the problem? Water Supt. Flaherty-Noise problem with piping. Mr. Salvadore-In their home...and what was the determination? Water Supt. Flaherty-It was internal. Mr. Salvadore-I wish I could get somebody to solve my internal water piping problems? Water Supt. Flaherty-You do not live in the water district, sir. Mr. Salvadore-You are talking about a water authority have the mechanics ... Councilman Caimano-None... Mr. Salvadore-Re: Transient Merchant law you mentioned one major business and then the question arises how many minor ones are you allowed and what are they. Councilman Caimano-I did not mean it the way it sounded, he is only allowed one business there. Mr. Salvadore-Does that go for me too, and what is my one business. Councilman Caimano- Y our business is a motel if you tried to start a machine shop we would have the same problem. Councilman Turner-He is allowed one allowable use. Councilman Caimano- This particular business is in two unrelated businesses. Mr. Salvadore-I am in a few unrelated businesses and no one has told me I am illegal. Councilman Turner-He is only allowed one allowable use in a one acre plaza commercial zone. Mr. Salvadore-Does that apply to me? Councilman Turner-Your zoning is RR 3 or RR 5 Mr. Salvadore-RE: RFP for Fire and EMS Is one of the options a study of what it might cost or the benefits of privatizing EMS? Supervisor Champagne-We are looking at that internally ourselves, at this point it is not part of that study. Mr. Salvadore-Questioned why ACC and Municipal Center do not pay a fire tax, is that being addressed? Supervisor Champagne-Suggested that Mr. Salvadore contact the Assessors Office...! do not have any more information than I have given you earlier. Mr. Sutton-Re: Transient Merchant Law - I applaud the passing of the tough transient merchant law...the biggest problem Nick alluded to is enforcement, that is a concern with any of these laws. RE: enforcement when additions are done late in the year, I am talking about landscape maintenance ... noticed that when they are done late in the year we have a bunch of dead soldiers along the road ... Councilman Pulver-If it is the wrong planting time the applicant should state that and the Town has put money in escrow giving them the CO they have moved in and then wait until spring. Mr. Sutton-Where are we on the John Brock situation? Councilman Pulver-We are going to court. Mr. Sutton-This whole issue sends shivers up my spine as far as going for a building permit and then wondering whether it will be pulled out from under me, that would be the issue not his individual case because that is already passed. I personally would have liked to see the citizens bring suit themselves then to have a Town employee that has the responsibility to make these decisions make one and then have, after a lot of money over the dam is gone get the permit pulled. I think there needs to be some thought as to how that comes about. Councilman Caimano- Try to put your mind to rest. Just in your life time with this Town how many applications do you suppose have been granted by this Town for expansions and buildings, tens of thousands...nothing is perfect, there is a problem and we are trying to solve the problem. Mr. Dave Kenny-On the Transient Merchant Law - on the new article, where a business is there...discussed the use of site plan... Councilman Caimano-Noted that the remainder of that paragraph says this is not intended to provide exemptions to requirements as set forth in Chapter 179 of the Zoning that covers the question I had... Mr. Pliney Tucker-Queensbury- The Planning Board did some rezoning for Hiland Park so ..could sell the golf course and restaurant and what have you over there how does that effect our case? Attorney Dusek-It doesn't. Mr. Tucker-The lawsuit with the Town Office Building, did you people all sign releases to be quiet about this? Attorney Dusek-You would have to take a look at the documents that were filed in the case that are available for your review and there is stipulations signed by the Town Board as well as Attorneys on behalf of the Town. Mr. Tucker-Did we have to do this, isn't this the United States of America, wasn't it the taxpayers money that paid them, paid you guys, paid me when this thing was going on don't they have the right to know how bad they got screwed? Town Water Study the second page of the report, the second scenario including delivering seven million gallons to the City by adding additional capacity of water ....the analysis shows that in order to pump more than fifteen million gallons out the water treatment plant a new transmission line must be installed, furthermore the model shows the need to install a new transmission line from the water department plant along West Mt. Road to Luzerne Road. These improvements include approximately eleven thousand feet of twenty four inch pipe at a cost of 1.2 million. Both of these lines they are only 11000 feet long? Water Supt. Flaherty-The 1.5 million covers the cost of 11000 feet of 24" transmission main from the plant along West Mt. Road to Luzerne Road. Mr. Tucker-What happens when it gets to Luzerne Road? Water Supt. Flaherty-It will be picked up by the rest of the system that we have in that area and transported to the City. Mr. Tucker-Mr. Martin- AMG headlines our Town money are the payments current? Executive Director Martin-No. The May payment did not come in I do not believe. Mr. Tucker-When was it due? Executive Director Martin-May 1st. Mr. Tucker-How much have they paid? Executive Director Martin-They began paying last October and it was about $5400 per month, paid three months last year and the first four months of this year, seven months worth. Mr. Tucker-What is the procedure if they do not pay? Attorney Dusek -You do not know what is going to happen in the bankruptcy presumably if everything works like AMG would like it to work as I read the papers, that they will come out of this and they will not miss a beat in the sense of making full payment so they are just getting some extra time. Worst case scenario if it doesn't work out we are going to have to file claims in bankruptcy court to proceed in that fashion. Mr. Tucker-Ted, lights at the Northway Councilman Turner-We will bring that up at a workshop. Thanked the Board for the appointments to the Ethics Board and Advisory Board. Ms. Barbara Bennett-Item 213 what is the legal service? Ms. Cathy Goeffroy- To explore the possibility of refinancing the sewer bonds. Ms. Barbara Bennett-Is there a procedure set up in departments depicting when and how they can spend the funds? Supervisor Champagne-Reviewed the budgeting process and how it is developed. Councilman Caimano-RE: Fire/ EMS Consultant report, at the very end of the report after number 10 it says, and by the way during the course of this report it talked about putting together a group consisting of the Town Officials and people from each of the Fire and EMS companies, it says that it should be noticed that the focus of the study is the organization and financial issues relating to the provision of Fire/EMS services in the Town however we assume that if we have other important observations to discuss we would raise those issues. I would pursue that each of the groups in the Town could raise those same issues. It isn't limited to only what is in the scope of this thing. Mr. Salvadore-At what point can the citizens get their questions answered. Councilman Caimano-At the point when you dial my number or anyone of these five board members and ask us. Mr. Salvadore-I wrote a letter to Mr. Champagne in January of 1994 outlining my concerns in regard to fire safety, EMS everything. Items that I thought needed in depth study. I have been told since that time that you are going to undertake this program to answer some of these questions and I just do not hear that any of those are going to be addressed. Supervisor Champagne-What is not going to be addressed? Mr. Salvadore-Privatizing EMS. How are you going to do that? Councilman Caimano-He told you the answer. We do not know if or when or how or anything. Mr. Salvadore-What happens if the study is all done and somebody does not think it is necessary and it slides and we do not get an answer? Councilman Caimano- Y ou will get an answer but you may not like the answer. Mr. Salvadore-When is he going to under take the study? Councilman Caimano- Y ou supply the questions. Supervisor Champagne-I have your concerns and what I think I said in the past was that this Board will undertake that study we believe that we know what is going on in New York State, we believe that we know what is going on in the Colonie and the other communities that is very much like ours that study will be undertaken by this board when the time is appropriate to get that study underway. That is the best I can offer you. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 311.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss two personnel matters and assessment litigation. Duly adopted this 15th day of May, 1995 by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION APPROVING SETTLEMENT OF ASSESSMENT CASE- JOHN MCCALL RESOLUTION NO. 313.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has reviewed the assessment action of the matter of John A. McCall against the Town of Queensbury involving parcels number 7-1-16.4 and 7-1-16.7 with the Town Attorney and WHEREAS, the Town Board of the Town of Queensbury is desirous of approving a settlement of those actions NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves a settlement of the assessment actions by which parcel 7-1-16.4 would have an assessed valuation of two hundred thousand dollars ($200,000) for 1994 and parcel number 7-1-16.7 would have an assessed valuation of eight hundred and seventy thousand dollars ($870,000) for the year 1994. Duly adopted this 15th day of May, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION ADJOURNING MEETING RESOLUTION NO. 314.95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 15th day of May, 1995 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury