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1996-09-16 REGULAR TOWN BOARD MEETING SEPTEMBER 16, 1996 7:00 p.m. MTG.#38 RES. 372-388 BOH 23-24 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Connie Goedert TOWN BOARD MEMBERS ABSENT Councilman Theodore Turner Councilman Carol Pulver Town Counsel-Mark Schachner Community Development Director-James Martin Director of Building and Codes-David Hatin Director of Building and Grounds-Chuck Rice Comptroller-William Burns Deputy Director of Wastewater-Mike Shaw PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN Supervisor Champagne-Opened the meeting PUBLIC HEARING-FINANCIAL OBLIGATION OF WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.-NOTICE SHOWN Supervisor Champagne-Opened the Public Hearing-There was to be a public hearing this evening, they have asked to postpone that, I will officially open it but at the same time I will officially close it. PUBLIC HEARING-WATERFRONT REZONING-NOTICE SHOWN OPEN Supervisor Champagne-We were to have a public hearing on the water front residential local law that too I will close it. Executive Director James Martin-We have a continuation for tonight but there is further changes so we are yet again scheduling another public hearing later on in the resolutions. Supervisor Champagne-So we want to postpone it or close it? Executive Director Martin-You want to close it because you are going to have a second one to follow in the coming weeks. Supervisor Champagne-So we will close that one. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 372.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 16th day of September, 1996 by the following vote: AYES: Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver PUBLIC HEARING SANIT ARY SEWAGE DISPOSAL VARIANCE SHARAH ROSS (Serafini) NOTICE SHOWN Supervisor Champagne-Opened public hearing on Sanitary sewage disposal variance for Sarah Ross. Director of Building and Codes-David Hatin- This particular variance that you are seeking has five variances to go along with it, the reason for the number of variances is because the property is extremely small. It is located on Assembly Point on one of the older subdivision lots this is actually an improvement from what is there now it does move it farther from her well. It does not effect any of the neighbors and we have done the best we can do with the property that we have to work with. Given the size of the house, it is actually an old two bedroom house that was converted to a four bedroom house so the residents is very small but it is a four bedroom. So, that is one of the reasons for the smaller field. Supervisor Champagne-Anyone else here this evening to speak on this issue? Any of the Board Members? Councilman Monahan-Dave, has she signed the necessary releases..? Director Hatin- Yes. Darleen has that. Councilman Goedert -Did she change this from a two bedroom to a four bedroom? Director Hatin-Apparently when she purchased it, it was a four bedroom but she was told that is was a two bedroom previously and then converted to a four bedroom. Councilman Goedert-And, also the change in the septic tank size, is this going to make a difference? Director Hatin-No it should not. The reason we are going to a small is because of possible problems with bedrock, we do not think we can get a larger tank in there. So, we went to a smaller, it is not really that much smaller it is only two hundred and fifty gallons. Councilman Goedert-In the system that she has now, this is an improvement to that? Director Hatin- Yes, she has an old antiquated system that basically is a metal tank, five hundred gallon metal tank with some type of leaching device we are not sure what. It is failing. Supervisor Champagne-So the impact on the neighbors is? Director Hatin-There is none on the neighbors there is no variances from any of the neighbors it is strictly from her parcel. Councilman Monahan-That part that goes under the driveway is that going to have traffic top? Director Hatin-No, this is a leach field so, part of the field itself will be under the driveway but the lines itself should not be, the way we laid it out, so that is why we sought the variance. Supervisor Champagne-Close the public hearing. RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR SARAH ROSS (SERAFINI) RESOLUTION NO.: 23.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Sarah Ross (Serafini) previously filed a request for five (5) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 6' separation between leach lines, no part of a leach field to be located under a driveway, a 100' distance between the absorption field and well, a 10' distance between the absorption field and the property line, and 250 linear feet of leach field, and WHEREAS, Sarah Ross Serafini also applied for a variance from Appendix 75A, Table 3 of the Waste Treatment Handbook - Individual Household Systems, New York State Department of Health, such provision being more specifically that requiring that there be a 1,250 gallon septic tank, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on September 16, 1996, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that she must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variances to Sarah Ross Serafini allowing: 1. Appendix E); a 5' separation between leach lines rather than the required 6' separation (Chapter 136 - 2. part of the leach field to be located under the driveway rather than no part of the leach field being located under a driveway (~136-8 B); 3. a 61' distance between the absorption field and the owner's well, rather than the required 100' distance (Chapter 136, Appendix A); 4. a 2' distance between the absorption field and the property line, rather than the required 10' distance (Chapter 136, Appendix A); 5. 160 linear feet of leach field, rather than the required 250 linear feet of leach field (Chapter 136, Table 4); and 6. a 1,000 gallon septic tank for the four bedroom house, rather than the required 1,250 gallon septic tank; on property situated on 28 North Lane, Assembly Point, Town of Queensbury, New York, and bearing Tax Map #: Section 8, Block 2, Lot 8. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 24.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Queensbury Board of Health is hereby adjourned and the Town Board moves back into session. Duly adopted this 16th day of September, 1996 by the following vote: AYES: Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver DISCUSSION - FULLER ROAD Mr. Paul Abess-Reviewed the history of Fuller Road formerly known as Keenan Road-today we confront both our local government and the new landowner the Rowlands and say you have no legal rights to take away our rights to travel through the same path we have traveled for one hundred and twenty five years-it is an illegal and unethical action to close the road-issues raised about dumping garbage on road...issue of too much money and time being spent on upkeep of the road.. .issue of making Fuller Road a seasonal highway or qualified abandoned road, Mr. Naylor cuts out most or all of his responsibilities while the road remains open...also heard the road is steep with dangerous curves...noted other alternate routes are steeper...have checked with the Warren County Sheriff and Highway Dept. and found no records of accidents on Fuller Road...some residents on Fuller would prefer the road being closed beyond their houses...wouldn't everyone prefer being on a dead end? issue of being near the watershed and be closed to protect the watershed...Don Coalts the Glens Falls Water Supt. and he said closing the road would have no significant impact on the watershed...noted that the Rowlands septic system will be up hill from Clendon Brook in an area that is usually wet...the point that I am trying to make is that these issues are superfluous, the main issues are the Town has no legal authority to close Fuller Road and has tried to make up its own law in order to allow it to do whatever it wishes to do ... our common law easements to Fuller Road cannot be extinguished. The Town has received funds from the State for maintaining Fuller Road...the other major issue is it is just plain wrong...the nine member steering committee for the Lower Adirondack Trails Conservancy has put together a proposal with options for the Town to consider: 1. re-open Fuller Road to all Traffic 2. re-open the road as a seasonal limited use highway under highway law 205A 3. re-open road but follow procedures for a qualified abandonment 4. re-open road as non-motorized trail for pedestrians and bicyclist 5. if none of the options are acceptable continue discussions with the landowners and town with the assistance of a professional mediator. Read letter from Daniel R. Gealt regarding the closing of Fuller Road requesting that the Town Board return Fuller Road to the public (on file) Mr. Ron Stewart-Resident of Fuller Road- Note the first year three months after moving in it started to snow and we could not use the road for seven to eight months, Fuller Road was never plowed in the winter until the last few years...the residents of Fuller Road sent a letter to the Board supporting the Town Board action...spoke about the needs for runners, bikers and walkers-support a traffic pattern for those people on Fuller Road. Mr. Dan Larson-Recreational user and occasional commuter on Fuller Road-we are not out for a super highway out there...we are asking to be able to follow the previous track of the existing road, we are willing to bend around the corner a little bit, we are willing to have landscaping on that bend, we are willing to move out to the side a little bit...we are not eager for a four foot path which would be revocable at the whim of the owner...we want a permanent easement along that road...enjoy the noise of the stream...apologize on behalf of whoever vandalized the Rowlands house...I would be willing to pick up garbage that was left by the Rowlands, we will patrol... cyclist to adopt that highway... Mrs. Marion Rowlands and her husband Kirt-Questioned how many truly use the road...it took us six months to clear the lot if we saw six people a week would be a heavy week, cars very seldom...I spoke to four attorneys prior to the closing of the road which took months and months to dO...we have offered a proposed easement, it does not go exactly along the line of Fuller Road it bypasses our bedroom, the line now goes within twenty feet...I just built the house on ten acres I do not want these guys running back and forth on their bikes, walking within twenty feet of my new home... the path is 150' from Fuller to Clendon Brook Road the grade is approximately 15%...twenty feet to the top of that is steeper, Paul Naylor has told Mr. Abess that he would make arrangements to have it graded off...I have a letter from Don Coalts, stating that the City would benefit from the closing of Fuller Road...Our septic was put in by the requirements of the Town...we have offered the agreement and that is all we are going to dO...we would like to know by Friday if the agreement is going to be accepted or not... Mr. Rowlands-As of this date on the bikers that have just been going through the no trespassing signs I would appreciate it if they would just turn around and not proceed through private property anymore. Ms. Melanie Hague-Resident of Queensbury for seven years and my son Kyle...Appeared before the Board over a year ago requesting the re-opening of Fuller Road...noted she felt that Clendon Brook Road is not as equally accessible, if you are riding with a young person such as my son, noted it is paved and the traffic is furious...Fuller Road is a beautiful road...and it is safe for a young mountain biker like by son...noted she uses the road in the winter for snowshoeing and cross country sking...I feel we are wrongfully pulled from a road that belongs to us, I hope that you do reconsider... Supervisor Champagne-Asked for a comment from the Town Counsel... Town Counsel Mark Schachner-From my review historically of the records it appears that the Town took certain steps to abandon a portion of the road after extensive consultation with the then Town Attorney as well as discussion with the Town Board itself the Town Attorney and the Town Highway Superintendent. My review of the records indicate that an order of discontinuance by the Highway Superintendent was executed that a Town Board resolution approving of the discontinuance was adopted and that appears that the paper work that should be done in that type of situation was done. It appears from the records that there was extensive consultation with the Town Attorney. Mr. Jeffrey Lynch-4th Ward resident - I have used Fuller Road, seventeen years...It is a unanimous opinion that it is beautiful. If this was done legally that is one thing but to me there is too few things like Fuller Road in the Town of Queensbury and to see one more disappear is a shame. The allegation is that Fuller Road belongs to me as well as anybody. Asked the Town Counsel opinion on the closing of Fuller Road legal or not? Town Counsel Schachner-As the current counsel to the Town my law firms opinion is that it appears that the Town properly abided by appropriate legal advice that was given to it at the time about the procedure necessary to close that portion of the road. Supervisor Champagne-That road was closed based on an opinion, an Attorney General's opinion that other roads had been closed under this same pretense and therefore it was the opinion of this person that we were doing it legally and it was based on safety. That was the major issue to cause me to say I agree that we should close the road. I want to see a compromise, I want to see you folks that enjoy that portion of the mountain as you have in the past to be back up there.. Mr. Lynch-The most steep section of Fuller Road is the section that is below where it is now stopped... Mr. Dennis Brower-I lived on Clendon Brook Road for ten years of better and still own property there.. . Fuller Road is a beautiful road, I look at Fuller Road as a safety access road if it is plowed in the winter time...I would be happy to see the road opened to bicycles and walkers and runners, that road was there long before I was there, I used to use it, it is safer than Clendon Brook. My feeling is there should be a compromise made here to enable the use of the road. Mr. Joe Brayton-I live on Fuller Road for thirty years...As far as plowing that end of the road it was never plowed until approximately three to four years ago. If I see a half dozen bicycles in a week or a month going up that road until recently when it was highly advertised that everybody in the County wants to know where Fuller Road is, again I do not see any reason at all to reopen that road for passenger vehicles at least. I think the way it is going is the way it should be. Mrs. Sharon Pedis-I do not live in Queensbury, I am the sister of Mrs. Rowlands. My sister and her husband have offered a bike path they are more than willing...it is not right to take this out on them, it is not right to vandalize their home...they went through due process to get this land, they did not anything behind anybodies back and they have offered a compromise. This is not the Rowlands against the other people, they did what they were supposed to do... Mr. Jack Lebowitz-39 Garrison Road Organizing member of the Lower Adirondack Trails Conservancy along with Paul Abess...we have set forth alternatives...want to see bicycles and pedestrian access restored to this road. Fuller Road and places like that are no different than Garrison Road for purposes of this discussion. The road is one of the original historic roads in the Town accessing the remote West Mountain area and is at least one hundred and twenty five years old. Take away that road to benefit two people is un- necessary... good bike ways are for the youth of our community...regarding alternative suggested, urge Supervisor to take us up on the continuation of the discussion with a professional mediator... Ms. White-I live on Fuller Road-I have always been the last house. It has been closed and it has been wonderful. I do not have hugh pickup trucks with hugh tires going up and down the mountain, kids come from other towns and come down the hill and hit the stones and end up in the bushes, several times we have taken people to the hospital. We have joggers, I do not see why the road has to be opened. We have taken care of the garbage and tires, we have done a lot of work on that road, I believe these people are wrong that want to open that road, we need it closed. Ms. Susan Brown-Twin Mountain Drive Queensbury, living in the area for thirty years. I am a close friend of the Rowlands...That end of Fuller Road will be well taken care offor ever. ..Why won't anybody take advantage of the Rowlands offer of another bike path to lead up to Clendon Brook, it can work. There are a lot of areas that we could cycle and jog and walk on lets move off from Fuller Road. Mr. John Salvadore-Resident of No. Qsby. As a member of the traveling public I am entitled to the use of Fuller Road. Fuller Road is a road by use, it has never been dedicated. The traveling public has a right to a road by use. The Town Highway Supt. was obligated after a ten year period of the public using this highway to open that road to three rods, opened it, to maintain it, he is to keep it safe and operable. The Town of Queensbury has been receiving Chips money since at least 1963 to maintain that road, why isn't it paved. Spoke about the Attorney General opinion 86-43 and is not on point, the portion of Fuller Road is greater than one thousand feet, the portion of Fuller Road does not run between two roads as that case did, the portion of Fuller Road was not determined to become a nuisance, the portion of Fuller Road is not the terminus of Fuller Road or any other road as it was in that case, the portion of Fuller Road was not properly determined by defendant to have become useless to the public and the portion of Fuller Road has not been discontinued because of a dedication of an alternate highway as was that case, so it simply not on point. Listed the Town's reasons for discontinuing the road, none are reasons for discontinuing a road. You cannot petition the Highway Supt. to discontinue a road by use. The only way a road by use can be discontinued is that the public discontinues its right, its use of that road and the Highway Supt. discontinues the maintenance of that road for a six year period. Mr. Steven Myhrberg-read to the public a letter he wrote to the Editor of the G.F. Post Star...Thanked the Supervisor and Highway Supt. for doing the job they were elected to do... I am related to the Rowlands...I think we have a small special interest group their needs can be fulfilled, it is my understanding that the Rowlands have proposed a bike path that will service the bikers to the mountain. Ms. Leona Brayton-Lived on Fuller Road for thirty years...I cannot see the Town spending the money for a bike trail...Noted she spoke to some people that signed the petition and noted that they did not know where Fuller Road was...no school bus in the winter on Fuller Road...it was only plowed the last three to four years, it was not maintained...noted they were getting truck loads of tires in the stream .... Mr. Peter Hyde-Town of Johnsburg It seems like the needs of the few should not outweigh the needs of the many. Mr. Martin Morrell-Resident of Glens Falls-Own a Tree Farm in the Town of Luzerne not far from the end of Fuller Road. I have used that road every year many times during the year. The only special interest here is the residences of Fuller Road who want to abridge my right to use it for the sake of their own privacy. I want the dirt and guard rails removed so that I may drive on this road. Mr. Bob Mahar-We owned the property for over thirty years...since Mr. Naylor been on head of the Highway it has been taken care of a lot better than it used to be. It doesn't seem fair to those people they abide by your laws...questioned why Mr. Abess did not accept the Rowland's offer? Mr. Abess-noted the offer was for a revokable easement, they are expecting us to give us, something that is our permanently the road for a four foot path... Mr. John Salvadore-Questioned who is the rightful representative of the public? Supervisor Champagne-The Board Mr. Salvadore-The Board is an adversary in this, you took the wrong action, we think. Ms. Patty Myhrberg-The Town closed the road legally, we have the opinion of the board we have the Rowlands that purchased property and have built a house there, they have also proposed a bike path and I personally been up and down the Warren County bike path between Glens Falls and Lake George and up Fuller Road and the proposed bike path, the steepest part of the Warren County bike path is a little bit smaller than the steepest part of Fuller Road which in fact is about the same angle as the proposed bike except for the last eighteen to twenty feet. It is my understanding that the Town has proposed to make a bike path to level it off onto Clendon Brook Road. There is an offer here and we are dealing with a mountain road. RECESS COMMUNICATIONS -Town Clerk Darleen Dougher-turned over the Comptroller's 1997 budget to the Town Board Comptroller Burns-I think we have taken an aggressive approach in trying to tie it in with the long range plan which I think is important, being fairly new it is an opportunity to be a little bit dynamic and creative in reducing cost and defining opportunities from revenue streams, and I think I have done that and presented to you a very fair and realistic budget, and paved the way for the future in some of the areas that we really need to get into. Supervisor Champagne-Announced that there is a schedule of meetings to talk to the department heads and out side agencies including fire and emergency. RESOLUTIONS RESOLUTION AUTHORIZING PROPOSITION TO BE PLACED ON BALLOT REGARDING THE CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 373.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls, in the County of Warren and the Town of Moreau, in the County of Saratoga and the Town of Queensbury, in the County of Warren, and WHEREAS, the aforesaid legislation authorizes and the Board of Trustees of Crandall Public Library has requested that the Town of Queensbury adopt a resolution authorizing the placement of propositions concerning the following issues on the ballot of the November 5, 1996 General Election for the voters' approval or disapproval, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 1997 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of two trustees from the Town of Queensbury to the Crandall Public Library [District] Board; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all the voting locations in the Town of Queensbury on the General Election Day, Tuesday, November 5, 1996: [l] BUDGET The proposed 1997 budget of the Crandall Public Library District is $1,452,996.49 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $394,443.99. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For a vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for two: Jack V. Irion; Karen Howard and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to transmit a certified copy of the text of the aforedescribed proposition to the Board of Elections or other appropriate officials to be submitted in the order and form set forth herein. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver (Crandall Library will hold an informational meeting on October 9th at the Queensbury Activity Center) RESOLUTION AUTHORIZING ADVERTISEMENTS OF BIDS FOR TOWN OF QUEENSBURY HIGHWAY GARAGE REROOFING RESOLUTION NO.: 374.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the existing Town Highway Department Garage needs to be reroofed, and WHEREAS, Chuck Rice, Facilities Manager, has researched the matter and determined that using the silicone/urethane roof placed over the existing metal roof is the best and most appropriate method to fix this problem, and WHEREAS, the Town Board of the Town of Queensbury is desirous of advertising for bids for the reroofing of the existing Town Highway Department Garage in this fashion, and WHEREAS, a proposed bid package including Bid Form and Form of Agreement has been prepared and presented at this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the proposed contract to the lowest responsible bidder meeting New York State Statutory requirements and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that an advertisement for bids for the reroofing of the existing Town Highway Department Garage be published in the official newspaper for the Town of Queensbury and bid documents be made available on September 20, 1996, and BE IT FURTHER, RESOLVED, that Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the office of the Town Clerk of the Town of Queensbury, at 2:05 p.rn., October 4, 1996, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION AMENDING RES. 180, 96 REGARDING REVOCABLE LICENSE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND WARREN COUNTY FOR USE OF COUNTY PROPERTY FOR HUDSON RIVER PARK AND RECREATION AREA RESOLUTION NO.: 375.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 180,96, authorized a Revocable License Agreement between the Town of Queensbury and Warren County for the use of County property as the Hudson River Park and Recreation Area for a term not to exceed ten (10) years, and WHEREAS, the Director of Parks and Recreation of the Town of Queensbury has advised that the New York State Parks & Recreation Office requires, as part of its funding criteria, a term of twenty-three (23) years rather than ten (10) years, and WHEREAS, the Warren County Board of Supervisors has already approved modification of the License period from ten (10) years to twenty-three (23) years by its Resolution 479 of 1996 dated August 16, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 180,96, such that the Revocable License Agreement between the Town of Queensbury and Warren County shall be for a term of twenty-three (23) years rather than ten (10) years, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to sign the Revocable License Agreement in a form to be approved by Town Counsel. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING ON PROPOSED CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX RESOLUTION NO. 376.1996 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is presently considering the adoption of a proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 1997, and WHEREAS, it is necessary to hold a public hearing prior to adopting said proposed Benefit Tax Roll for 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard upon and in reference to the proposed Benefit Tax Roll for 1997, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on October 7th, 1996, at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the date of the hearing, which Notice of Hearing shall be in a form substantially consistent with the Notice presented at this meeting. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TRANSFERRING FUNDS INTO AVIATION ROAD CAPITAL PROJECT FUND RESOLUTION NO.: 377.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 60, 96, authorized the employment of Harza Northeast Architects, Engineers, and Construction Managers to provide engineering and design services to develop a phased approach for improvements to Aviation Road, said services not to exceed the amount of $18,000., to be paid forfrom Account No.: 001-1440-4397, and WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 118,96, thereafter created an Aviation Road Capital Project Fund, and WHEREAS, the Town Comptroller has requested that the Town Board transfer the $18,000. from Account No.: 001-1440-4397 into the Aviation Road Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the transfer of funds in the amount of $18,000. from Account No.: 001-1440-4397 to the Aviation Road Capital Project Fund. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE TRANSPORTATION AGREEMENT BETWEEN THE CITY OF GLENS FALLS AND THE TOWN OF QUEENSBURY RESOLUTION NO.: 378.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Greater Glens Falls Transit has submitted to the Town Board of the Town of Queensbury for its consideration, a Transportation Agreement which provides for the delivery of regular, public service transportation to, through, and among the corporate limits and locations of the Town of Queensbury, City of Glens Falls, and other adjacent municipalities, and WHEREAS, the Transportation Agreement is for a period commencing on January 1, 1997 and ending on December 31, 1998 and provides for the initial payment by the Town of Queensbury of $41,432. towards anticipated operation general expenses and capital expenses for the period January 1, 1997 through December 31, 1997, and the Town of Queensbury thereafter paying to the City its proportionate share of the annual capital and expense budget and contribute to this payment of all other reasonable and necessary liabilities incurred by the City, and WHEREAS, the Transportation Agreement establishes public service transportation throughout the Town of Queensbury and which public service transportation will be beneficial to and serve the public interest of the people of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, on behalf of the Town of Queensbury, hereby approves the Transportation Agreement as presented to this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the aforesaid Transportation Agreement. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Betty Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION SETTING PUBLIC HEARING ON FINANCIAL OBLIGATION OF WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO. 379.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, the Town Board of the Town of Queensbury hereby sets a public hearing date of October 7th 1996 at 7:00 P.M. on the Financial Obligation of West Glens Falls Volunteer Fire Company, Inc. Duly adopted this 16th day of September, 1996 by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING PETITION FOR CHANGE OF ZONE OF CHARLES R. WOOD, INDIVIDUALLY AND CHARLES R. WOOD, AS AGENT FOR DOUBLE "H" HOLE IN THE WOODS RANCH, INC. RESOLUTION NO.: 380.96 INTRODUCED BY : Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY : Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically, considering a request for an amendment to the Town of Queensbury Zoning Ordinance by Charles R. Wood, Individually and as Agent for the Double "H" Hole in the Woods Ranch, Inc., whereby certain property lying and existing within the Town of Queensbury and bearing Tax Map Identification No. 's: 98-2-1, 98-3-1, and 98-3-5, located at the corner of Aviation Road and Greenway North and currently zoned SFR-1O (Single Family Residential- 10,000 Square Feet), be rezoned to PC-IA (Plaza Commercial - 1 Acre), and WHEREAS, on or about July 1, 1996, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 16th day of July, 1996, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and Map, it is necessary pursuant to Town Law ~265, the Municipal Home Rule Law, and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed Zoning Amendment has submitted a Short Environmental Assessment Form and completed Petition for a Change of Zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map, and BE IT FURTHER, RESOLVED, that said public hearing on the issues set forth in the preambles of this resolution and proposed Local Law, shall be held on October 21st, 1996, at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification to all said property owners of the proposed Zoning Amendment and that a public hearing will be held by mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, Warren County Planning Board, and such other communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the action about to be undertaken is subject to SEQRA and that it desires to be lead agency for purposes of the SEQRA review, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to forward the Application for Rezoning and a copy of the EAF and give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency, if notice is necessary. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF ENTITLED "ZONING" INCLUDING AMENDMENTS TO PROVISIONS RELATING TO WATERFRONT RESIDENTIAL ZONES RESOLUTION NO. 381.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of a Local Law, titled "A Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled 'Zoning' to amend and revise certain provisions thereof, including amendments to provisions relating to waterfront residential zones, delete some provisions thereto, and add new provisions thereto", and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, a completed Part I of a Long Environmental Assessment Form has also been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and/or the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified, and WHEREAS, it is necessary to hold a public hearing prior to adopting said proposed Local Law, and WHEREAS, it is also necessary to provide notice to other governmental bodies or agencies as required by law, and WHEREAS, it is also necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed Local Law amending Chapter 179 of the Code of the Town of Queensbury entitled 'Zoning", and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Zoning Administrator to such other involved agencies as may be required under SEQRA to notify the agencies of this action and that the Town Board desires to be lead agency in a coordinated review and that a lead agency must be agreed to within 30 days, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on October 7th, 1996, at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed Local Law, titled "A Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled 'Zoning' to amend and revise certain provisions thereof, delete some provisions thereto, and add new provisions thereto", amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by Town Counsel and substantially in conformance with the Notice presented at this meeting, for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described 10 days prior to the public hearing to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, the Notice of Public Hearing and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is also hereby directed to send a copy of the proposed amendment, Notice of Public Hearing, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 382.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain Town Departments have requested fund transfers for the 1996 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1996 budget: ATTORNEY: FROM: TO: $ AMOUNT: 01-1990-1002 (Contingency - Misc. Payroll) 01-1420-4130 (Legal Services) $31,399. CEMETERY: FROM: TO: $ AMOUNT: 02-8810-4400 (Misc. Contractual) 02-8810-4200 (Insurance) 470. 02-8810-1430 (Laborer B/PT) 02-8810-1450-0002 (M.E.O. Overtime) 350. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-4110 01-8020-4050 375. (Vehicle Repair) (Books, Pubs. & Subscriptions) 01-8020-4130 01-8020-4742 2,000. (Legal Services) (Non-Reimburseable Eng.) 01-8010-4060 01-8020-4060 540. (Service Contracts) (Service Contracts) 01-3410-4400 01-3410-4110 650. (Misc. Contractual) (Vehicle Repair) 01-3620-1370 01-3620-1372 19,558.84 (Asst. Bldg. & (Bldg & Code Enf. Zon. Off.) Off.) 01-8010-2001 01-8020-2031 375. (Misc. Equipment) (Computer Hardware) COMPTROLLER: FROM: TO: $ AMOUNT: 01-1315-1035 01-1315-4050 400. (Comptroller Salary) (Books, Publications & Subscriptions) HIGHWAY: FROM: TO: $ AMOUNT: 04-5142-1002 04-5130-4510 2,000. (Misc. Payroll) (Radio Repairs) 04-5142-1002 04-5110-1400-0002 500. (Misc. Payroll) (Lab. A. O.T.) SUPERVISOR: FROM: TO: $ AMOUNT: 01-6410-4400 01-1430-4400 800. (Publicity) (Personnel - Misc. Contractual) SUPERVISOR: FROM: TO: $ AMOUNT: 01-1680-2032-1680 01-1680-4400-1680 645. (Computer Software) (Computers - Misc. Contractual) 01-6410-4400 01-1910-4400 615. (Publicity) (Unallocated Insurance) 01-6410-4400 01-1950-4400 2)00. (Publicity) (Real Property Taxes) 001-7550-4400 01-10 10-4400 200. (Celebrations) (TB - Misc. Contractual) 01-1680-2032-1680 01-1680-2100 1,800. (Computer Software) (Computer Hardware) WASTEWATER: FROM: TO: $ AMOUNT: 034-8120-4520 034-8130-4400 880. (Odor Control - (Misc. Cont. - Sewage Hiland Pk) Treatment & Disposal) WATER: FROM: TO: $ AMOUNT: 40-8340-1410-0002 (Laborer PT - OT) 40-8340-1410 (Laborer PT) 450. BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4400 (Misc. Contractual) 01-1620-4400-0027 (Misc. Contractual) 600. 01-1620-4670-0022 (Telephone Repairs) 01-1620-4660-0022 (Electrical Repairs) 600. 01-1620-4650-0023 (Air Conditioning! Furnace Repairs) 01-1620-4660-0023 (Electrical Repairs) 800. BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1530 (Building Maintenance) 01-1620-4820 (Uniforms) 650. 01-1620-1530 (Building Maintenance) 01-1620-1470-0002 (Working Foreman- Projected Overtime) 750. 01-1620-4400 (Misc. Contractual) 01-1620-4100-0027 (Telephone Use) 500. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION NAMING PRIVATE ROAD RESOLUTION NO.: 383.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Director of Building and Codes has received a request from Town resident Carmine Pareeka that the Town Board of the Town of Queensbury name the private road between Mr. Pareeka's duplexes off of Sherman Avenue, "Plantation Lane," and WHEREAS, the Director of Building & Codes has recommended approval of this request, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the private road between the duplexes owned by Carmine Pareeka off of Sherman Avenue be named "Plantation Lane. " Duly adopted this 16th day of September, 1996 by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION REQUESTING SPEED LIMIT REDUCTION IN HIDDEN HILLS SUBDIVISION RESOLUTION NO.: 384.96 INTRODUCED BY : Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY : Mrs. Betty Monahan WHEREAS, the Town of Queensbury has received a request from citizens in the Hidden Hills Subdivision that the Town Board of the Town of Queensbury adopt a resolution to request lowering of the speed limit in the development from 30 MPH to 25 MPH, add caution signs, and establish several new 3- way and 4-way stop intersections, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor and the Town Clerk to work together to complete any forms that may be necessary to be submitted to the Warren County Department of Public Works, and then accordingly to the New York State Department of Transportation, pursuant to ~ 1622 of the Vehicle and Traffic Law, for purposes of studying and establishing a lower maximum speed in the Hidden Hills Subdivision. Duly adopted this 16th day of September, 1996 by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION AUTHORIZING TOWN CLERK TO REFER PETITION FOR CHANGE OF ZONE FOR MR. FRANK 1. PARILLO ALLOWING FOR EXTENSION OF THE MOBILE HOME OVERLAY ZONE TO TOWN OF QUEENSBURY PLANNING BOARD AND WARREN COUNTY PLANNING BOARD RESOLUTION NO. 385.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, any and all applications for rezoning first go to the Community Development Department and the Town and County Planning Boards for recommendations pursuant to ~ 179-94 of the Town of Queensbury Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury may then review the Rezoning Applications and take such other action as it shall deem necessary and proper, and WHEREAS, the applicant listed below has submitted a Petition for Change of Zone as described below and such Petition has been reviewed by the Community Development Staff and deemed complete for purposes of review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury and the Warren County Planning Board for report and recommendation: APPLICATION OF: MR. FRANK 1. PARILLO TAX MAP NO.: 125-1-28 PROPERTY LOCATION: Corner of VanDusen & Pitcher Roads, Queensbury, New York APPLICATION FOR: Extension of Mobile Home Overlay Zone and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agency for the SEQRA review of this project and directs that the Executive Director notify any other involved agencies. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver 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.: 386.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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, such resolution and agreement contained provisions prohibiting any other entity from connecting to the sewerage facilities being constructed by Berkshire-Queensbury, L.L.C., and WHEREAS, the West Glens Falls Fire Company of the Town of Queensbury wishes to connect to the above sewerage facilities to provide sanitary discharge to the City of Glens Falls Sewer System, 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 to the sewage facilities of the City of Glens Falls shall also apply to the West Glens Falls Fire Company parcel tax map no. 118-1-9, and BE IT FURTHER, RESOLVED, that the agreement authorized by resolution no. 188, 96 therefore be amended in a form to be approved by Town Counsel. Duly adopted this 16th day of September, 1996, by the following vote: AYES Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mr. Turner, Mrs. Pulver PLANNED DISCUSSION ITEMS - NONE TOWN BOARD MEMBER MATTERS - NONE ATTORNEY MATTERS-Requested Executive Session (1) litigation matter OPEN FORUM Mr. John Schriner-Camp on DunlIams Bay-Has there been any other correspondence with the Boat Company since last Monday? Supervisor Champagne-I had made contact, you indicated that there is black paint on the light that is the last correspondence. Mr. Schriner-Noted that the black paint does not work. Requested a lighting ordinance... Supervisor Champagne-I want to go up again and see the condition that exists... Ms. Mary Ellen Denton-Spoke to the Board regarding her dog being injured by another dog, requested that the present local law be amended to include dogs as a domestic animal. Town Counsel Schachner-noted he will research the law to see if this is possible... Mr. Salvadore-Resolution regarding bids on Highway Garage Roofing, what are you advertising for? Mr. Chuck Rice-Building and Grounds Supt.-What we are doing is repairing an existing roof that's in disrepair, and applying a roofing system over the top of that which is going to tighten up the roof and increase the insulating value of the roof. Mr. Salvadore-Is that a technical specification that has been prepared? Mr. Chuck Rice-Yes. Mr. Salvadore-Who prepared those? Supervisor Champagne-Mr. Thomas Nace, Engineer. Mr. Salvadore-Resolution regarding transportation agreement with City of Glens Falls, any provision for transportation to North Queensbury? Supervisor Champagne-Not to my knowledge. Executive Director Martin-Suggested that Mr. Salvadore contact Scott from Glens Falls Transit... Mr. Salvadore-RE: Waterfront Zoning...I am making application for a residential subdivision .... I am faced with making a archaeological investigation, if this is the type of thing an applicant is faced with then somehow this has to be incorporated in the Zoning Plan... second issue-the Lake George Association suggested that a full environmental impact be prepared on my project...questioned if this also should be part of the Zoning Plan...RE: North Queensbury Sewer questioned the scheduling of activities? Supervisor Champagne-Reviewed the meeting.. job ahead of us to go through the SEQRA findings... Mr. Salvadore-The Comprehensive Land Use Committee has been on sununer recess, questioned when this will start again. Executive Director Martin-The meetings will start shortly, by early October. Councilman Goedert -Noted she had spoken to a members of a group called Citizens of Queensbury, they will be contacting Mr. Martin with names of those that wish to serve on this committee. Mr. Salvadore-Storm water meeting where are we? Executive Director Martin-It was agreed upon that we would have comments through Labor Day, the comment period is closed and the next meeting of that group is for September 25th at 2:00 P.M. Supervisor Champagne-Questioned if Mr. Salvadore had seen storm water regulations by the Park Commission? Mr. Salvadore-I have not... Supervisor Champagne-I would be interested in your input. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 387.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss a matter in litigation. Duly adopted this 16th day of September, 1996 by the following vote: AYES: Mrs. Monahan, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR MEETING RESOLUTION NO. 388.96 INTRODUCED BY: Mrs. Connie Goerdert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive and regular meeting. Duly adopted this 16th day of September, by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Turner, Mrs. Pulver Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury