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1996-06-10 SPECIAL TOWN BOARD MEETING JUNE 10, 1996 4:30 P.M. MTG #23 RES26 1-262 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL Attorney Mark Schachner TOWN OFFICIALS Highway Superintendent, Paul H. Naylor Executive Director of Community Development, Jim Martin TOWN BOARD WORKSHOP PLANNED DISCUSSION ITEMS 1, GREATER ADIRONDACK HOME AIDES Ms. Lorraine Suliveres spoke to the board requesting a donation from the town to help subsidize the cost of care provided to the Queensbury residents. Town Board held discussion, no decision made at this time but agreed to continue discussions at a later date. 2, HISTORIAN ADVISORY BOARD Dr. Marilyn VanDyke reviewed a proposal for an Advisory Board for the Town Historian... noting the functions and purposes of the board. Supervisor Champagne suggested that once the terms of office are clarified, a resolution to approve this be prepared for the next meeting. 3, SCUDDER ASSOCIATES - DRAINAGE MATTERS Supervisor Champagne noted that the board had a question at the last meeting concerning a resolution retaining Scudder Associates and the expenditure of $4,600.00 for the purposes of drainage matters in Queensbury Forest. Mr. Charlie Scudder noted the funds will cover expenses involving field work, public relations, legal matters and property line determinations. Town Board held discussion... Mr. Scudder agreed to prepare new proposal for the board and the Town Board agreed to consider motion to hire Scudder Associates at the next board meeting. 4, BUILDING INSPECTOR TITLES Executive Director, Mr. Martin spoke to the board regarding proposed change in titles from presently the positions of Assistant Building and Codes Inspectors to Building and Codes Inspectors. Town Board held discussion, agreed to have resolution prepared for next board meeting. Councilman Pulver noted that there are some local stores that are expanding their business into their parking lots... would like Mr. Martin to research. 5, FULLER ROAD Town Counsel Schachner gave the board a brief update regarding the Fuller Road situation and the possible property use issue. 6, ETHICS BOARD/COUNCIL Town Board held discussion regarding whether there is a need for both the Ethics Board and the Ethics Council... it was the consensus of the Town Board to have one board only. 7, MONUMENT FUNDING Town Counsel Schachner reviewed a possibility for the town to help fund the restoration of the monument in the City of Glens Falls. Town Board held discussion, no decision made at this time... agreed to continue discussions and research further. 8, HUDSON F ALLS/QUEENSBURY WATER PROJECT Town Counsel Schachner noted that the Village of Hudson Falls has taken some concrete affirmative steps to move forward with the proposed agreement, to tie in with our water system. TOWN BOARD MEMBERS Town Board held discussion regarding proposed benefit lighting district for the Twicwood area. Town Counsel noted that he would provide the board with a detailed outline of the process involved in establishing the district. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 260, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel matter and a matter involving possible acquisition of real property. Duly adopted this 10th day of June, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None EXECUTIVE SESSION 6:05 P.M. RESOLUTION TO RECONVENE RESOLUTION NO. 261, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session. Duly adopted this 10th day of June, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION 9:00 P.M. 9, TOWN OWNED PROPERTY ON MEADOWBROOK ROAD - FUTURE DEVELOPMENT Councilman Pulver noted that the Recreation Commission will be walking the property tomorrow night... Town Board will wait for recommendation from the Recreation Commission before making a decision. 10, CEMETERY - Phone Bill, Flag, Wreath Councilman Monahan noted that the phone bill is being reviewed by Kate in the Accounting Department. Councilman Monahan noted that the cemetery would like to purchase a flag pole... Town Board agreed to the purchase. Councilman Monahan noted that she's not happy with the wreath purchased for the veterans... 11, MMA REPORT Town Board reviewed and discussed fire and EMS report... RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY MINS. RES. 6-17-96 COUNCILMAN MONAHAN-Fred, I think there should be one correction and Mike, I think you should make it, you mentioned this was going to be rezoned SR20 actually it is going to be a combination of rezoning because of the Senior Housing. ATTORNEY O'CONNOR-Yes...as I understand it the Senior Citizen Housing will be MR5 thousand square feet the seven point one acres and then the balance of the land that is going to be used for single family will be SR20 and a good portion of the land conservation will remain LC ... if that corrects the record. SUPERVISOR CHAMPAGNE-Thanks, Mike. COUNCILMAN GOEDERT -Jim, I have a question? Do we have any plan on when the engineering report is going to come back in reference to phase II of Aviation Road? EXECUTIVE DIRECTOR MARTIN-The Scope of Services had that done this fall we are concentrating obviously now on the actual construction project which goes to Manor Drive when that is completed which is the design should be done early July then we move into the planning phase of that project which was the plan for traffic mitigation on the western portion of Aviation Road from Manor Drive extending through to Potter Road intersection. COUNCILMAN GOEDERT-I thought the second phase went all the way to West Mountain? EXECUTIVE DIRECTOR MARTIN-That was a third phase that we are going to speak to in general terms because it was the thinking of when the scope of services was developed that the primary problem was in front of the school and that is being taken care of with a capital project and the next problem area would be that segment from Manor Drive to Potter Road and then there will be analysis of that third section but that did not seem to be the focus of the problem. SUPERVISOR CHAMPAGNE-That would be limited, very limited all the way to West Mountain Road. Someone had their hand up down there. Yes, Sir. MR. JOHN CAFFREY -John Caffrey again for the record. I would just like to respond to a few things Mr. O'Connor said where he seemed to be responding to me and I do not think he stated, he might have misinterpreted what I said on some of these things. He said that this wetland is not part of the Rush Pond Critical Environmental Area, I have not looked at the map to see what the boundary of it is, but under the new SEQRA regulations that took effect January 1st. any project that could impact the environmental characteristics of a critical environmental area needs to be looked at. It used to be under the old regulations it had to be in or adjacent too a critical environmental area now it casts a much broader net anything that might effect it. As to where the water goes, I am just looking at the Zoning Map here which is based on topographic maps it seems to show water goes under the Northway turns around and comes back out the other side and into the Rush Pond wetland. Somebody, someone engineers or someone is going to have to go look at that but this states on the map it appears that this water does drain into Rush Pond wetland. Based on what Ms. Parkins says there is a potential until they verify definitely which way ground water flows that pollutants and fertilizers could be going from this subdivision into this water shed and into the Rush Pond watershed. As far as Mr. Farone and his purchase of the property when it was MR5 I did not discuss what Mr. Farone's expectations were I said whether or not, it appears he could earn a reasonable return. Regardless of what it was zoned when he purchased it I think he can still earn a reasonable return based on what he paid for it several years ago. Lastly Mr. O'Connor seems to imply because this is a six or seven year build out that we should not be worried about traffic and all these kinds of things. I am not sure why that is significant I think most people intend to still be around is six or seven years and the fact that these things are not all one hundred and ninety units aren't going to be built tomorrow isn't really a consideration to be looked at here. What we have to look at is what it is going to be like at the end of the whole project you cannot just look at as a phased thing you have to consider the final build out and the total impact of the whole project. Thank you. SUPERVISOR CHAMP AGNE- Thanks John. Mike, once we get into this duel Lawyer thing we are liable to be here forever. ATTORNEY O'CONNOR-One comment, as you all know there is a new requirement of the Warren County Bar Association we all have beards. SUPERVISOR CHAMPAGNE-You listen well too. Yes, Sir. MR. DENNIS MOON-My name is Dennis Moon I live at 33 Helen Drive and thanks for letting me come out at a late hour. Especially recently this evening several learned and studied individuals have come up and engaged in some fairly technical descriptions of pros and cons of the project. I did not come here tonight with anything prepared to make any points though I was here to listen and learn and some of this technical discussion recently I think a lot of the more fundamental common sense concerns of the citizenry around this project are getting lost. We are worried this is speaking ..point here tonight, we are worried that the economics of the area do not support housing of this magnitude when there is already at least three times this many single family homes for sale ..right now. The second point is that the Queensbury School System absolutely is going to be effect. We have already voted to approve some wooden frame temporary structures for the Elementary School because it is over crowed and they have not figured out what to do about the long term problem anyway it has got to be effected. The class sizes are already appalling in the Elementary School. Those two reasons alone a project of this size would be a concern to Queensbury Town Residents I believe no matter where in the Town it was built. If you go beyond that the issues of crowded roads and whether it is D or E what difference does it make if your.. .homes .. would you be happy? It is already a big issue it certainly is not going to get better with a housing development in this part of the town. There, it sounds to me like there are.. environmental issues, whether it is the issues of Rush Pond I known that in Helen Drive we experienced significant storm and winter melt water problems in the area because it is not able to handle it all there is certainly some environmental questions there they concern us all. The fifth thing is the last point is the issue of the balance in the area, it is an area where there has already been several developments built there is a lot of stress in the area in terms of the balance of services available to handle this growth and if the Town, if the project goes ahead I think the developers have been quite straight forward and about the things that are included in their project. The things that would be left to us to find a way to handle the schools the roads the sidewalks in the area, this part of Queensbury is becoming so developed it looks more like a village than a township and that applies, again more traffic lights and things like that. These are basically that I think have lead most of the people that proceeded me to speak out against this project in this part of Queensbury at the time. Please don't move this, I think the technical issues are well to be proposed and I am grateful to the people who took the time to do the homework on both sides but lets not over look these general common sense issues that concern us all tonight. Thank you. Supervisor Champagne-Thank you. Are there any other first time speakers before we go to the second round here? I see one more hand out there, I am catching the devil up here for allowing this thing to go on but! ... -I apologize but I just wanted to address the issue about the percentage of land that is being reserved for common area. The six percent COUNCILMAN MONAHAN-Excuse me but I think for our Secretary here MR. MARK HOFFMAN-32 Fox Hollow Lane -the six percent figure that I have got was a quotation from the professional staff of the Planning Department from the previous Planning Board meeting related to this project and I can tell you from personal experience that area bordering the wet land is a steep incline I do not see that is developable land unless you can build on stilts or what? SUPERVISOR CHAMPAGNE-Anyone else, we will what do you think Council, close the public hearing or TOWN COUNCIL MARK SCHACHNER-You certainly can if you wish I think you should point out very clearly for the record and at least one speaker seemed to mis-understand this that the public hearing that has just been conducted or that is being conducted is really two public hearings and I believe one speaker made reference to possibly having to include these comments twice for the record the Supervisor did make clear at the outset when the public hearing was opened that in fact what we did in fact was open jointly and together both the public hearings on the proposed rezoning and the proposed Planned Unit Development, so what we have conducted is a joint public hearing for both purposes and all the comments are included for both public hearings. SUPERVISOR CHAMPAGNE-Ok. Thank you. Before we do close, is there any letters to be read into the record? -Ltr. Dear Mr. Champagne, I have to write and express my views on the Indian Ridge Development. First of all I love and am very proud to be a resident of Queensbury, we purchased our first home here 16 years ago. My sister's who live in New Hampshire are always in awe of how beautiful our Town is especially the school grounds and surrounding area's. The way Indian Ridge is zoned now doesn't bother me but to change the density to 190 homes doesn't make any sense. There are hundred of homes in Queensbury for sale. There is no reason to disturb the environment of the Queensbury area. Please remember our Queensbury motto "Home of Natural Beauty A good Place to live. Sincerely, Mary Jane Canale 28 Fox Hollow Lane /s/ -Ltr. Dear Town Board We wish to express our deepest concern about the re-zoning proposal for a new development known as Indian Ridge, near the Queensbury School and adjacent to the residents in and around the Fox Hollow Lane area. We question the need to change the current zoning of this area. We do not believe a housing development as dense as Indian Ridge is necessary. This proposal for a zoning change seemingly ignores or fails to address many potential problems. First, traffic on Aviation Road is currently a problem without factoring in Indian Ridge. Secondly, Queensbury residents are not on a sewer system and we are concerned about the environmental impact the development would have on the wet lands and Glen Lake. Finally, we are concerned about who will be responsible for paying for new infrastructure, new school buildings and monitoring & removing environmental contaminants? We chose to live and invest in this area because it offered the quality oflife we desired. Contemplating the rezoning of this area places the future quality of our community in jeopardy. We fear that this re-zoning is being done on a whim. Such whimsical re-zoning could lead to the beginnings of urban sprawl that is not necessary and something many of us have tried to escape. Thank you. Sincerely, /s/ David and Lisa Allard 37 Fox Hollow Lane -Ltr. Dear Connie, Since Marcie and I will be out of town all next week, we wanted to express our concerns about the rezoning and subsequent development project being proposed by Mr. Vasiliou. As home owners in the town, we are very concerned about our property values. There are already too many homes in Queensbury! For sale signs are so numerous that it is hard to believe that any financial institution would consent to supporting such a project. Has a real market analysis been conducted? As most of us are painfully aware, our area has lost a lot of good jobs in the last twenty years. Where are the people going to come from that will purchase and occupy these nearly two hundred new homes. Who will buy all the homes that are already on the market? We are also concerned with the impact on our environment and traffic density but these points can be very adequately addressed with proper planning and compliance with existing regulations, given sufficient funds are also in his and the town's budget. However, the issue of available buyers for these new units is not so easily understood. We simply do not agree that there is a market for these units Thank you for listening to our view and for giving so much of your time and energy in service to all of us in Queensbury. Sincerely /s/ Jim & Marcie Patnode -Ltr. Dear Town Board Members: We would like to express our opposition to the planned development proposed by Michael 1. Vasilou. These are the reasons for our opposition: 1.) The project would denigrate the environment, especially having adverse impact on the watershed area of Rush pond. 2.) The wooded area now provides an effective and natural buffer from the noise and pollution of traffic on the Northway. Any significant clearing of land in this area would subject the neighborhoods to the west and north of this project with as intolerable and continuous sound of traffic. 3.) The increased traffic this project would create on an already overburdened Aviation Road would create a safety problem as well as increased cost to the citizens of this town for additional road work and traffic signs if not traffic lights. 4.) Do we really need another development in Queensbury with the overabundance of houses of every price level available throughout the Town? This will only impact the quality oflife of the developer if he decides to reside in one of the houses he builds, but it will impact all the people of Queensbury with more noise, more traffic, increased taxes for providing for the necessary infrastructure of a development of this size, as well as increased dissatisfaction of the planning process which seems to regard any undeveloped area as a must for additional blacktop. Truly Yours, s/s Roman G. & Martha M. Jarosh -Ltr. SUPERVISOR CHAMP AGNE- Thank you. With that we are going to have one more ok. MS. JANICE STOTLER-My name is Janice Stotler 19 Heinrick Street Queensbury and I sorry to drag this on but I do feel compelled to say one more thing, I do want to say that this does look lovely on paper I do want to applaud them for having no cut zone, too many developers just go in a strip all the trees off the land and ...so that is something very ...consideration. My own concern is the seven year build out, ok and they said that the Senior Citizen complex would be toward the seventh year we need SUPERVISOR CHAMPAGNE-No. If they were approved they could start that the next day, they have five years to get it up... MS. STOTLER-I mis-understood it..we need Senior Citizen housing now, that would be good. My only other problem was there was a lot of developments that have been started here I do not know what the build out on those were but they have never been finished. ...that they will go in now strip the lots to a certain extent there will be spec homes that will remain empty and then we have a development that does not come out like it looks on paper and we have cleared land do we have any guarantee that the project will ... COUNCILMAN MONAHAN-Phasing and the fact that they have to put the infrastructure in before they can build, you have to be on a Town approved road in order to get a building permit and with the financial investment there would be in putting in the infrastructure and the water lines etc. I do not think you are going to find somebody who is going to go in and start wholesaling and stripping off. MS. STOTLER-It is just a concern I have seen a few other places like Ambershire where they started out COUNCILMAN MONAHAN-And I will point out to you that this one of the differences between a regular subdivision and PUD that the protection is much greater in a PUD than it is in a regular subdivision of what can go on in there. MS. STOTLER-Ok. SUPERVISOR CHAMP AGNE- Thank you very much. With that I am going to close the public hearing. I want to cover all bases unless the Board has something more to add? Ok. Thank you all very much. Public Hearing Closed. 10:52 P.M. 5 Min. recess RESOLUTIONS RESOLUTION ESTABLISHING HISTORIAN'S ADVISORY BOARD RESOLUTION NO. 264, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury is desirous of establishing an Historian's Advisory Board to assist the Town Historian in addressing how the Town can better publicize and disseminate information about its heritage and history to the community, and WHEREAS, Advisory Boards are authorized to be established in accordance with ~3-4 of the Code of the Town of Queensbury, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates and appoints an Historian's Advisory Board, and BE IT FURTHER, RESOLVED, that the Historian's Advisory Board shall consist of eleven (11) members appointed for initial terms expiring on January 1, 1998 with succeeding two (2) year terms on a biannual basis thereafter in accordance with ~3-6(E)(1) of the Town Code, and BE IT FURTHER, RESOLVED, that the Town Historian shall submit a list of suggested citizens from the Town of Queensbury for appointment to the newly created Board to the Town Board for their approval, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby makes particular note of the procedures that the Advisory Board must follow as set forth in ~3-7 of the Code and the Town Historian shall provide each Advisory Board Member with a copy of Chapter 3 of the Code of the Town of Queensbury. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None Discussion held: Councilman Monahan requested a clarification be made regarding the wording in third resolved clause... it was recommended that the wording be changed to citizens from the Town of Queensbury.. . agreed to by the Board ... vote taken... RESOLUTION RETAINING SCUDDER ASSOCIATES FOR ENGINEERING CONSULTATION ON DRAINAGE PROBLEM RESOLUTION NO. 265, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of an engineering firm to provide professional assistance in conjunction with a drainage problem which has arisen at the intersection of Ferris Drive and Wings Court in Queensbury Forest, and WHEREAS, Scudder Associates Engineers, Surveyors & Planners, in their letters dated May 20, 1996 and June 12, 1996 has offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of Scudder Associates to provide the services described in the preambles hereof at a cost not to exceed $3,600., to be paid for from Account No.: 01-8540-440 and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign an agreement for the professional services, said agreement to be in a form to be approved by Town Counsel. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : Mrs. Goedert ABSENT: None Discussion held: Councilman Goedert-I think that this has been an opened proposal I have three complaints in it, number one there are no funds in here that say what it will cost us to furnish legal services, there is no cost in here for VanDusen and Steves to make ROWand there is no RFP as to why this does not go out for bid? If I was given this proposal and I know the Town games that we play you bet your bottom dollar I will come in under the amount. Sense when do we walk up to a engineer and say do this for me or give me this proposal why is it not open to all the people. Supervisor Champagne-We do it all the time. We do not have to bid professional services. What we do is get a reputable person who we have worked with over time and then you are assured that you are getting professional services with the quality that you are asking for and by bidding it you could end up with far less. Councilman Geodert-I do not believe it is the problem of the Town I think is problem of the residents, they have built out around the drainage ditches. Councilman Pulver-We need to have an engineer come back with his solutions... RESOLUTION AUTHORIZING CARRY OVER OF VACATION TIME RESOLUTION NO. 266, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Pamela Martin, Legal Secretary, has requested that she be allowed to carry over two (2) vacation days past her anniversary date of July 5, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes that Pamela Martin, Legal Secretary, be allowed to carry over two (2) vacation days past her anniversary date of July 5, 1996. Duly adopted this 17th day of June, 1996 by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL, DIESEL OIL, AND KEROSENE RESOLUTION NO. 267, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for #2 fuel oil, diesel oil, and kerosene, pursuant to Town of Queensbury Specifications, and WHEREAS, BIGELOW'S OIL SERVICE, INC., has submitted the lowest bid for the fuel oil, diesel oil, and kerosene for all locations, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for #2 fuel oil, diesel oil, and kerosene for all locations, to BIGELOW'S OIL SERVICE, INC., and that said #2 fuel oil, diesel oil and kerosene be paid for from appropriate accounts in each department from the 1996 budgets. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR DAVID AND CORNELIA KELLEY RESOLUTION NO. 268, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, David and Cornelia Kelley have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at Upper Sherman Avenue, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on July 1st, 1996 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by David and Cornelia Kelley for a "Mobile Home Outside a Mobile Home Court" Revocable Permit on property situated at Upper Sherman Avenue, Queensbury, New York, 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 to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AMENDING RES. 188, 96 REGARDING AGREEMENT BETWEEN THE CITY OF GLENS FALLS, THE TOWN OF QUEENSBURY AND BERKSHIRE-QUEENSBURY, L.L.C. RESOLUTION NO. 269, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury by resolution no. 188,96, authorized an agreement between the City of Glens Falls, the Town of Queensbury, and Berkshire-Queensbury, L.L. C. authorizing Berkshire-Queensbury, L.L.C., which is constructing a CVS Pharmacy, Chiropractor's Office and lease space on certain real property located at 5 Main Street, Queensbury, tax map no.: 130-3-18, to hook-up and transmit waste water to the sewage facilities owned and maintained by the City of Glens Falls, and WHEREAS, Berkshire-Queensbury, L.L.C., has applied for a subdivision of tax map no.: 130-3- 18 into two parcels, and WHEREAS, the Town of Queensbury Planning Board has conditionally approved such subdivision subject to appropriate modification of the Agreement referenced above, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 188,96, such that the approval of the hook-up of Berkshire-Queensbury, L.L.C., to the sewage facilities of the City of Glens Falls shall apply to both parcels after the subdivision of parcel no. 130-3-18, and BE IT FURTHER, RESOLVED, that the agreement authorized by resolution no. 188, 96 be amended in a form to be approved by Town Counsel. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver Mr. Champagne NOES : None ABSENT: None RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO. 270, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1996 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 1996 budget: TOWN CLERK: FROM: TO: $ AMOUNT: 01-1410-4400 (Misc. Contractual) 01-1410-2032 (Computer/Software) 400. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 17th of June, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF BITUMINOUS CONCRETE RESOLUTION NO. 271, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of bituminous concrete, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Paul Naylor, Town Highway 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 bituminous concrete to Peckham Materials Corporation, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Highway Department Account. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING MODIFICATION OF ROADWAY DRAINAGE EASEMENT IN CEDAR COURT SUBDIVISION RESOLUTION NO. 272, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, a roadway drainage easement presently exists in the Cedar Court Subdivision on property owned by the Cedar Court Homeowners Association, Inc., and WHEREAS, the Michaels Group, L.L.C. and LAD Enterprises, Inc., the Co-Sponsors of the Cedar Court Homeowners Association Inc., have requested that the Town Board of the Town of Queensbury approve the relocation of the roadway drainage easement as approved by the Town of Queensbury Planning Board in 1995, when the Planning Board approved reconfiguration of the lots in the subdivision to reduce the total number of units from 64 to 48, and WHEREAS, a survey prepared by VanDusen & Steves showing the existing easement and the proposed relocated easement has been submitted to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the relocation of the roadway drainage easement in Cedar Court Subdivision as described in the preambles hereinabove, and requests the Michaels Group, L.L.C. and LAD Enterprises, Inc., to submit to the Town of Queensbury a proposed deed for the new easement area from the current title holder, LAD Enterprises, Inc., to the Town and a proposed deed from the Town to LAD Enterprises, Inc., for the reconveyance of the existing drainage area, and further authorizes and directs the Town Supervisor and/or Town Counsel to execute any documents that may be necessary to arrange for the acceptance and recording of said deeds, including the causing of the placement of the Town seal on any documents that may be necessary. Duly adopted this 17th day of June, 1996 by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None Discussion held: Councilman Monahan-Requested an explanation from Executive Director Martin. Executive Director Martin-This subdivision has gone through several modifications the lastest one of which reduced the density of the subdivision by approximately twelve units because they went from what was predominately three and four units buildings to duplexes when that happens the lot configuration changes and in many cases widened and as you can see the existing drainage easement lies on what was a lot boundary and when the adjustments were made the easement for both of these shifted now along the new lot lines and that is the prime reason for the shifts. In terms of the functioning of the drainage system, there is not going to be any change to that and we now have them in compliance down there and we continue to monitor it. Councilman Monahan-This change is not going to make any more impact on the Pond or on that drainage area through there. Executive Director Martin-Correct. RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT RESOLUTION NO. 273, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, in connection with the operation of the summer Parks and Recreation program by the Town of Queensbury, Harold Hansen, Director of Parks and Recreation, has recommended to the Town Board that certain recreation activities be provided in various areas of the Town on properties which are not owned by the Town of Queensbury, and WHEREAS, these various areas of the Town are suitable for recreation activities to be conducted by the Town of Queensbury Parks and Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands in North Queensbury and Glen Lake respectively to lease said lands for use in connection with the Town's summer Parks and Recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 24, 1996 to August 16, 1996, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these three parcels of land and has found each to be suitable and appropriate for the designated recreational purposes, and WHEREAS, it would serve a legitimate Town purpose to provide summer Parks and Recreational programs at these locations in North Queensbury and Glen Lake, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid two parcels ofland for a period from June 24, 1996 to August 16, 1996, substantially under the terms and conditions of the proposed lease agreement annexed hereto, and BE IT FURTHER, RESOLVED, that Fred Champagne, Town Supervisor, be authorized and empowered to execute said leases in form approved by Town Counsel on behalf of the Town of Queensbury. Duly adopted this 17th day of June, 1996 by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION SUPPORTING ACQUISITION OF FAITH BIBLE CHURCH PROPERTY BY THE OPEN SPACE INSTITUTE RESOLUTION NO. 274, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Open Space Institute is desirous of acquiring the property currently owned by Faith Bible Church (Tax Map Parcel No.: 148-1-1) near Corinth Road, in the Town of Queensbury, the former Camp Jadamada property, and WHEREAS, the acquisition of said parcel would enhance the protection of the Hudson River shoreline adjacent to the Hudson Pointe Nature Preserve, and WHEREAS, the Town of Queensbury Recreation Commission, the Community Development Department, and the Department of Parks and Recreation by memorandum dated March 5, 1996 have determined that said property provides unique opportunities for the development of both active and passive recreation facilities, and WHEREAS, the Town of Queensbury is desirous of investigating the possibility of taking ownership of said property for the purpose of developing a recreation facility, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury is extremely supportive and advocates the acquisition of the Faith Bible Church Property by the Open Space Institute. Duly adopted this 17th day of June, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 275, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Bay Fireworks, Inc., on behalf of Entertronics, Inc. - WCKM Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: WCKM FM! AM Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1996 TIME: 9:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, ~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 West Glens Falls 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, ~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 17th day of June, 1996, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan Mr. Champagne NOES : None ABSENT: None OLD BUSINESS 1. Supervisor Champagne requested that the Town Board Members by Monday Nights Workshop have a list of candidates that they wish to interview for comptroller... 2. Report on So. Queensbury drainage system... Town Council Schachner reported that the Highway Department is still trying to meet with the affected individuals. 3. No. Queensbury Sewer-The County has agreed to spread that 10% County wide rather than just the local community, picking up the local share of 10% so it will be the entire county paying taxes into that 1O%. Supervisor Champagne-Noted he met with the Department Heads to discuss performance appraisals process, there were a number of concerns that they had: 1. The one from Amtek was too complicated would like to simplify that. 2. If we do not do it town wide with all departments that is hardly worth doing at all. Noted the formation of a group to sit down and simplify the evaluation instrument itself and to look further into it as far as proceeding. They also suggested that they have two board members sit in on that committee... Asked Carol Pulver to be the representative from the Board... TOWN BOARD MATTERS ATTORNEY MATTERS OPEN FORUM RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 276.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, the Audit of Bills as appears on the abstract dated June 17, 1996 and numbering 96-2494 through 96-2731 and totaling $317,498.10 be and hereby is approved. Duly adopted this 17th day of June, 1996 by the following vote: AYES: Mr. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 277.96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel matters and labor relations grievance. Duly adopted this 17th day of June, 1996 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 278.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board hereby adjourns from its Executive Session and Regular Session. Duly adopted this 17th day of June 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury