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1997-01-20 TOWN BOARD MEETING JANUARY 20, 1997 7:07 P.M. MTG #3 RES. 41-64 BOH RES. 1-4 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Paul Naylor, Highway Superintendent Rick Missita, Dep. Highway Superintendent Tom Flaherty, Water Superintendent Jim Martin, Executive Director of Comm. Development Dave Hatin, Director of Building & Codes PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN Supervisor Champagne called meeting to order... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 41, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters the Queensbury Board of Health. Duly adopted this 20th day of January, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - EDWARD MOORE NOTICE SHOWN 7:08 P.M. SUPERVISOR CHAMPAGNE-I guess, Dave do you want to first bring us up to date on this first issue. DIRECTOR OF BUILDING & CODES, MR. DAVE HATIN-Yea. Basically, what you have here is a resolution to approve a seepage pit that was placed on a property two feet from the property line versus the required ten feet. When I made the inspection I advised the owner, Mr. Moore that he would have to apply for a variance and he's here tonight. I did receive a phone call from the neighbor who owns the Mini Mart stating that they have no problem with that. That was Champlain Stone, I believe, the owners of Champlain Stone. COUNCILMAN GOEDERT-Did I understand you to just say the seepage pit is already there? DIRECTOR, MR. HATIN-Yes. COUNCILMAN MONAHAN-If I remember the drawing, Dave because we don't have it in our packet, it really didn't affect any of the neighbors and what is the water supply in that area? DIRECTOR, MR. HATIN-It's town water. COUNCILMAN MONAHAN-So, it's not affecting any wells or anything. DIRECTOR, MR. HATIN-No, there are no wells at all. SUPERVISOR CHAMPAGNE-Okay, anyone here to object to this plan? Mr. Moore is, where's Mr. Moore? DIRECTOR, MR. HATIN-I don't believe he's here. SUPERVISOR CHAMP AGNE-Oh, excuse me. I'm sorry, I thought you said he was. Okay, any further discussion? Are we ready to vote? COUNCILMAN MONAHAN-You've got to close the public hearing. COUNCILMAN PUL VER- That wasn't a public hearing. DEPUTY TOWN CLERK BARBER-This was a public hearing, you need to open it and close it. SUPERVISOR CHAMPAGNE-Okay. TOWN COUNSEL SCHACHNER-You sort have done that but asking is there anyone here to object but I guess just for the sake of the record maybe just say the public hearing is open and see if there are any comments. SUPERVISOR CHAMPAGNE-Okay, alright. Right, we've open the public hearing. Okay, any further discussion? I guess we'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR EDWARD MOORE BOARD OF HEALTH RESOLUTION NO.1, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Edward Moore previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be 10 feet (10') distance between the seepage pit and the property line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on January 20, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Edward Moore allowing a two feet (2') distance between the seepage pit and the property line, rather than the required ten feet (10') distance (Chapter 136, Appendix A) on property situated on Route 9, North of Exit 20, Town of Queensbury, New York, and bearing Tax Map #: Section 35, Block 1, Lot 4.1. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan Mr. Champagne NOES : None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR LARRY W. WILCOX, SR. BOARD OF HEALTH RESOLUTION NO.2, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Larry W. Wilcox, Sr. has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standards providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Seepage pits 150' and WHEREAS, Larry W. Wilcox, Sr. has indicated a desire to place seepage pits 95' and 100' from the existing well on the property rather than placing them at the mandated 150' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on February 3, 1997, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Larry W. Wilcox, Sr. to place seepage pits 95' and 100' from the existing well on the property rather than placing them at the mandated 150' distance, on property situated at 481 Sherman Avenue, Town of Queensbury, New York, and bearing Tax Map No.: Section 120, Block 1, Lots 23,48 and 49, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 20th day of January, 1997, 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 VARIANCE FROM SANIT ARY SEWAGE DISPOSAL ORDINANCE FOR H. RUSSELL HARRIS BOARD OF HEALTH RESOLUTION NO.3, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Mr. H. Russell Harris has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a 125 feet distance between the seepage pit and the owner's well in lieu of the required 150 feet distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on February 3, 1997, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. H. Russell Harris to allow a 125 feet distance between the seepage pit and his well in lieu of the required 150 feet distance on property situated at 1748 Ridge Road, Town of Queensbury, New York, and bearing Tax Map No. Section 27, Block 2, Lot 2.1, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.4, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 20th day of January, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None TOWN BOARD REGULAR SESSION Hearing - James Denton - Unsafe Structure Director, Mr. Hatin-The Supervisor and I went and visited this property. Since the last board meeting, I did find out that this is one of the properties that's up for tax sale in October through the county. The gentleman who has, under contract to buy the property did not have title as of a week ago yet. So, therefore, this property is still kind of in limbo. I did ask him about his intentions with the property and he does intend to tear the house down this spring. So, as I told Fred this afternoon, I would basically withdraw anything, any action on this property right now unless the new owner does not follow through with this commitment to me to tear it down. Then I will bring it back before the board. Councilman Goedert-Do we have a deadline from the new owners? Director, Mr. Hatin-He hoped to have it down in April, weather permitting. Councilman Pulver-Alright, how about then if we just table this? Director, Mr. Hatin-Ifyou want to table it, that's fine too. Councilman Pulver-Then we don't have to go through all the paper work again, if we just table it say until April 30th and then it Director, Mr. Hatin-Do we have to do anything because there's a change in ownership? Town Counsel Schachner-Yea, there would have to be a different determination with the new owner of the property anyway. Councilman Pulver-So, it doesn't matter. Town Counsel Schachner-Yea, it seems to me it would be appropriate to just not take any action at this time. Supervisor Champagne-I would ask you to follow up with the county too to get a determination as to when the date would be when that deed transfers. Director, Mr. Hatin-I can certainly do that. Supervisor Champagne-Most of those have been handled. Okay, so that one we're just going to, no action, right? Director, Mr. Hatin-Right. Supervisor Champagne-Okay, let's move to Mrs. Lopez Hearing - Goldie Lopez - Unsafe Structure Director, Mr. Hatin-Dan Hogan, who represents Mrs. Lopez is here tonight. I believe we have his resolution before the board to think about with this and maybe Mr. Hogan can explain it. Attorney, Dan Hogan-Yes, I communicated with Mark Schachner today. I think there's been substantial progress to cure, or at least remedy the unsafe structure. We have at least secured it for the winter time. We would ask the board perhaps if they would be able to table this measure until April 30th. Ms. Lopez's son is in the process of potentially obtaining some financing to get his own mobile home and if that's the case, his intent is to remove the existing structure. Therefore, he doesn't want to put any additional funding at this point into that structure other then to secure it so that it is not a hazard or a nuisance to anyone who would be trespassing on the property. So, I think if we could at least table it until April 30th it will give us time to go through the financing process and if there's an ability to remove the existing structure to place a new structure. At that point, we can so advise the board. Councilman Pulver-Dave, what do you think, it needs to be more boarded, more secure or what? Director, Mr. Hatin-I think if, what he's proposing, I think will take care of the immediate problem as far as anybody entering it illegally or by accident. The only thing I was going to ask the board tonight is, I think it would be important to start the time clock because at the end of sixty, in April, the sixty days would be up and then that would commit them to take one course of action or another. I have no problem if they wish to extend that sixty days to gain time to get this approval and perhaps remove this trailer but I think we should start the process tonight. So, and I think it would still fit into what Mr. Hogan is offering to the board. Supervisor Champagne-Mr. Hogan, have you visited, have you actually physically visited the site? Attorney Hogan-I haven't visited the site but I do know with respect to the Town of Queensbury action, there was initial, a criminal matter pending there and I think Mr. Hatin can comment that there has been substantial progress to clean the outside of the facility and now there's been an additional progress cleaning inside. But I have a tough time telling my client that you should expend further monies inside the property if in fact that money can be better utilized later on to remove the structure from the premises. Supervisor Champagne-Okay but I guess my question remains that, you know, is that trailer even rehabitable? Can we Attorney Hogan-At this point, it's not occupied and there is no intention at this point to occupy it. At the same time I think when the Town Board addressed the matter beforehand, they were concerned, maybe rightfully so, that if it created a nuisance or an unsafe condition, that the least restrictive alternative here would be to at least secure it. Secure it so that no trespasser or unauthorized person can get damaged by being inside of it. Now that it's been locked up, I think we've at least mitigated that one potential problem. Councilman Monahan-Dave, I don't have a zoning map in front of me, is Illinois Avenue within that area in which you can move a mobile home in without further coming in front of the Town Board? Director, Mr. Hatin- Yes, it's, the variance is not required for the mobile home to be there. Councilman Monahan-That's what I thought. Director, Mr. Hatin-However, I believe Councilman Monahan-No, I mean if they're leaving the old one there to protect their rights, they don't need to. Director, Mr. Hatin-No, what he's talking about is the variance from the property lines, it's only a thirty or fifty foot wide lot, I believe or sixty foot wide lot and they could not meet the setbacks for the new mobile home. So, that's where the variance will come into play, it will be an area variance not a use variance. Councilman Monahan-Well what I'm saying is that I don't see any reason for leaving it on the lot, what they're gaining by it. If it's going to have to come off the lot anyway, either because it's unsafe or because it's being replaced, what are they gaining by leaving it on the lot if it's not rehabitable? Supervisor Champagne-I guess that was my original question, is it Councilman Pulver-I think he just doesn't want to spend the money right at this moment to do it. Attorney Hogan-Right. Councilman Monahan-Well you're going either have to spend it now or Apri130th, if we've got a structure there that Attorney Hogan-Well it's a structure that potentially can be improved. I think that the, probably to improve the aesthetics in the neighborhood as well, the first option would be to try to get a new mobile home there. If that's not feasible because the financing can't be secured, then I think the owner would then, at that point think about what they would have to do to bring that structure up to code. Councilman Monahan-What year is this mobile home? Attorney Hogan-I believe it's thirty years old. Ms. Lopez-I think it's been there about thirty-five years. Councilman Monahan-So Dave, I'm not sure if under our code you could bring that up because you know, we have a date of what mobile homes, if you were going to be moving one into the town. Director, Mr. Hatin-Well yea but, it would not be moved, I mean repairing it is an option, it would be an expensive option. One suggestion I may make for the board, maybe this will move this whole issue along is, why don't we set a hearing for again for the first meeting in May which will be after April 30th and they can update you as to where they stand. In the mean time, they understand that the time clock is ticking and it accomplishes everything, both our goals. It gives them the time to do what they want to do, it also sets the time frame for the board so we don't have to extend this another two, three months after that point. Councilman Pulver-Alright. Caroline, do you have a calendar there? Deputy Town Clerk Barber-May 5th. Councilman Pulver-Is that our first regular meeting, May 5th? Councilman Goedert-Before you do that I have a question. Dave, delaying this until May 5th, is the building secured so that the reason that we were going in there to declare unsafe that somebody isn't going to be injured or Director, Mr. Hatin-Right, as long as they secure it and keep that way, that should resolve the immediate problem. The problem is, my authority stops at ordering them to repair, I can not officially close the building without your approval. Councilman Goedert -You feel that the building has been secured, sir? Attorney Hogan-Yes, it's unoccupied and there was a lock placed on it today. So it should at least keep anyone out. So I think we Supervisor Champagne-Is the roof, I was there today and made a site visit myself. Is the roof able to shed water, I guess, let me put it that way? Mrs. Lopez maybe or maybe Dave you can answer that for me. Mrs. Lopez-In the back, the back bedroom is leaking water. We have got a tarp over it. Supervisor Champagne-I guess the message I want to send is that if we do hold off until April 30th, it's in my opinion that we're going to have to shorten the time there after. I can't see another sixty days after April. I think we need to act on that. I see it as a hazard out there. You can board it up, do what ever is necessary but still, I just can't imagine that trailer being brought back to a liveable condition from what I observed today. Councilman Monahan-Dave, the utilities on or off? Director, Mr. Hatin- They're off according to Mr. Hogan. Councilman Monahan-I guess what we can do is have Mark dictate a resolution to us that we'll set the public hearing on May 5th and if it's taken care of before then, we can withdraw that resolution later. It's going to take that long apparently now anyway. Town Counsel Schachner-If you're going to do that, one of the things you could do is to just continue this public hearing until that date and then you don't have to readvertise. In other words, keep the public hearing open, don't close the public hearing. Supervisor Champagne-I think that's the answer to that. So, we'll keep the public hearing open. Does the board agree with that? Councilman Pulver-Yes. Supervisor Champagne-And the date we set was what, May? Councilman Monahan-May 5th. Supervisor Champagne-May 5th. Okay, thank you Dan. Attorney Hogan-Thank you. Hearing left open until May 5th, 1997 Hearing - Esther V. La Barge - Unsafe Structure Supervisor Champagne-The next one is Ester La Barge unsafe structure. Again, I visited there today. The letter that I have here from a Karen VanDusen, I'm going to ask you to take just a moment please and read this letter. Deputy Town Clerk Barber-I don't have the letter. Councilman Goedert-I have the original. Supervisor Champagne-Oh, you can keep that, it doesn't make any difference. Councilman Monahan-Well actually that should get filed with the Town Clerk before we get done. Deputy Town Clerk Barber read the following into the record: Dear Mr. Champagne, I'm writing this letter in response to a letter received about property in which needs to be demolished. I am unable to attend a January 20th town meeting at seven p.m., I live seventy-five miles away and I am working. The property is located on Luzerne Road between East Drive and West Drive. The property is listed under Mrs. Esther La Barge who was deceased on March, 1995. I am her daughter and so far the attorneys have not settled the estate. I am executor of the estate. I have contacted Mr. Michael Palmer, Chief of the West Glens Falls Fire Department. He has agreed to demolish the building for fire training. He is unable to demolish the building until Aprillst or shortly after that date. I have called Mr. David Hatin and he has sent me an application for a demolition permit. Mr. Hatin suggested that I write this letter to you to see if this plan is acceptable. Please let me know if this plan is acceptable. Thank you, Karen L. VanDusen (letter on file in the Clerk's Office) Councilman Goedert-The building is secure, Dave? Director, Mr. Hatin- Yes, the building has been boarded up previous to this. Again, what I would say is perhaps the board may want to adopt the resolution you have before so that we start the time frame in case something doesn't happen by Aprillst or the fire department is unable to work out something with her, that then your criteria has been met for demolition. Councilman Goedert-Also, have you talked with Chief Palmer to Director, Mr. Hatin-No, I have not talked to Mike at all about this because she was going to contact him and I never got a copy of the letter so I wasn't aware that she already contacted him to firm up a date. So I will contact Mike tomorrow morning. Councilman Pulver-Okay, yea will you confirm with Mike that he is going to do this at some point when it's convenient? Director, Mr. Hatin- Y es because I also explained to her, she would have to secure a contractor to clean up the site afterwards which the fire department will not do. So, that still needs to be worked out too. Supervisor Champagne-Okay. Councilman Monahan-We don't really know, we're assuming that she's going to be the owner of that but we don't know that. She just says she's the executor of the estate. Supervisor Champagne-This is merely giving him what, sixty days, is that what we're asking for? Director, Mr. Hatin-Yea, this will just give them the sixty days. I will still have to come back to the board to take any further action. Supervisor Champagne-Right. Do I hear a motion to that effect? Councilman Pulver-What's the date that we're going to hold it off to? Councilman Turner-Aprillst. Supervisor Champagne-Aprillst. Councilman Pulver-Wouldn't you like April15th. Councilman Monahan-Wait a minute, she said until Aprillst or shortly there after. Councilman Turner-Yea, let's go to the 15th. Supervisor Champagne-Alright. Councilman Pulver-I'm thinking we should go to May 5th again and do that one the same time we do the other, that gives them a couple more weeks. Town Counsel Schachner-I think we're talking apples and oranges here. My understanding of what Dave's recommending here is that we adopt the resolution as proposed to start the sixty day time clock running and if the owner takes the steps during that time period, so much the better but if not, the board will have taken the formal steps necessary to go forward with the demolition. Is that right, Dave? Director, Mr. Hatin-Yes. Councilman Monahan-Yea, but the sixty days is going to be up before that, before the fire company is going to try and do it. Supervisor Champagne-Yea, that's the conflict. Councilman Monahan-Yea, that's the problem. Director, Mr. Hatin-Well by March 20th, I should know where we're going with this and I can update the board in your first April meeting. So if we need to, so I can have it put on for the first April meeting. Supervisor Champagne-So if we give them the sixty days, we can extend that but I think Councilman Monahan-But you would have to give them more then sixty days right now if we're going to address it the first meeting in April because that's more then sixty days. Councilman Pulver-See if the building is secure Supervisor Champagne-He's going to, isn't he going to come back with what their plans are? He'll have something confirmed that they're going to burn it. Councilman Monahan-But you've already set this in motion to happen in sixty days and the sixty days is before the fire company is going to get after it. Director, Mr. Hatin-Would you like to Councilman Monahan-So even though if he comes back and says the fire company has done it, we've put the sixty day limit on it so you've got to extend that time. Supervisor Champagne-Okay. Director, Mr. Hatin-Perhaps ninety days and then I can surely let the board know by then. Councilman Monahan-Ninety days would be Apri120th. Caroline, when do we have a meeting around April 20th. Deputy Town Clerk Barber-We have the 7th and the 21st. Councilman Monahan-Let's make it the 21st then. So extend this time until Apri121st? Supervisor Champagne-Apri121st. Town Counsel Schachner-Are you saying ninety days or are you saying a certain date in the resolution? Councilman Turner-A certain date. Supervisor Champagne-Give them a date. Councilman Monahan-Four, twenty-one, ninety-seven. Oh wait a minute, it says it has to be completed within that time. We have to change this. Supervisor Champagne-You've got to change this. Councilman Monahan-That's why I think if you just leave the Councilman Monahan-Within ninety days. Ninety days will take care of it, I think. Let's see, what's ninety days? Town Counsel Schachner-About Apri120th. Councilman Monahan-That's the April 20th so we've got to do more then that. Councilman Goedert-We can deal with this the same way and just leave the public hearing open? Director, Mr. Hatin-Then you would still have to go the thirty to sixty days after that point though if you don't start the time clock now. So that would be another two months on top of that. Councilman Pulver-Yea, but then we're not going to get caught in, you know, she's going to do it a week after we're done, or we've cut it too short. Councilman Monahan-Well we could say complete it within Councilman Pulver-And it is boarded up. It is secure. Councilman Monahan-Before May 15th and that gives us a chance to amend this if we have to on April 21st. Supervisor Champagne-What's a way out of this, Counsel? Town Counsel Schachner-You can change that whole phrase andjust say by May 15th, 1997 if you would like or you can go with Dave's original approach and just adopt the resolution as is with the understanding that he will come back prior to the expiration of that time period and update the board as to the progress. I think either one of those would be appropriate. Supervisor Champagne-I'm happy with the sixty days. I'd like to hear back where we are with this. Director, Mr. Hatin-Okay. What would be your March 2nd meeting date? Councilman Monahan-See you're not even going to have an answer from the fire company at that time, probably. I mean, they're not going to be able to do it. Councilman Goedert -Yea but at this point we don't have any verification other then a letter that they're even agreeing to it. Councilman Monahan-Yea, and we don't really have, we don't really know who owns really or going to own it. Councilman Goedert -Yea because the estate is not settled. Supervisor Champagne-Alright I think the sixty, this is another serious situation that we need to act on. I think in sixty days we ought to get an update. Deputy Town Clerk Barber-So, leave as is? Supervisor Champagne-As is. Director, Mr. Hatin-Caroline, do you know what the second meeting in March is? Councilman Pulver-March 17th. So what are we doing? Supervisor Champagne-Car, where are we here now? Introduced? Town Counsel Schachner-I thought you were doing, oh, alright, has it been introduced? Deputy Town Clerk Barber-No. Supervisor Champagne-That's what we're waiting for. Any further discussion? Deputy Town Clerk Barber-You're leaving it as is. Town Counsel Schachner-Correct. Councilman Pulver-Okay. Supervisor Champagne-We're going with sixty days. Councilman Pulver-I just want to know exactly what it is we're doing. Supervisor Champagne-We're sixty days. Councilman Pulver-Okay. Supervisor Champagne-Introduced by? Councilman Goedert-I'll introduce it. Supervisor Champagne-Connie. Seconded by? Councilman Pulver-I'll second it. Supervisor Champagne-Carol. Any further discussion? Please vote. RESOLUTION REGARDING UNSAFE STRUCTURE LOCATED ON LUZERNE ROAD AND OWNED BY ESTHER V. LA BARGE RESOLUTION NO. 42, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has heard a report from the Director of Building and Codes, Mr. David Hatin, concerning an unsafe structure located on Luzerne Road near the intersection of East Drive in the Town of Queensbury and bearing Tax Map No. 93-3-12, and WHEREAS, the Town Board of the Town of Queensbury has been advised that notice of this hearing was served pursuant to ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after hearing from Mr. Hatin and after reviewing the documents submitted in connection with this matter, hereby determines that the structure is currently unsafe and dangerous and determines that the owner(s) of the structure should immediately start to repair or demolish and remove the structure and that the repair and/or demolition and removal shall be completed within sixty days of service of the Notice of this public hearing, and BE IT FURTHER, RESOLVED, that in the event that there is neglect or refusal to comply with the order of this Board to repair or demolish and remove the structure located on the property, the Town Board may take action to have the property demolished and removed and to assess all expenses thereof against the real property on which it is located and Town Counsel is authorized to commence an action for a Court Order authorizing the demolition and removal and/or may institute a special proceeding to collect the cost of the demolition and removal, including legal expenses, if necessary. Duly adopted this 20th day of January, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT None Hearing - Mrs. Fred (Mina) Granger - Unsafe Structure Supervisor Champagne-Okay David, do you want to tell us about this next one. Director, Mr. Hatin-Alright the next one is for Mina Granger. I believe Mrs. Merle Coulter is here who represents Mrs. Granger's interests. Perhaps she would like to address the board. Supervisor Champagne-Would you tell us the circumstances there please? Introduce yourself for the record. Ms. Merle Coulter-Hi, I'm Merle Coulter, Mina Granger's daughter. I got a letter about mom's property. Mom hasn't lived in the house in quite some time. But when she Supervisor Champagne-Could you give us an estimate of time? Four or five years, ten years? Ms. Coulter-Probably four years. Supervisor Champagne-So it's been unoccupied about four years? Ms. Coulter-Right. Supervisor Champagne-Okay, thank you. Ms. Coulter-And when my mother left the house, the house was in contact. Now, I was told that the association had a petition up against my mother which I would like to see the signers of it and somebody's kids on the point broke the windows in my mother's house. There's been stones thrown through the windows downstairs. Somebody has gone through and broke the lock on the back door and gone into the house and left the back door open and the window broke. I don't know who did it but at this point, I don't know what to do. Mom is ninety years old and this is all she's got to hang onto. If we could board it up and make you happy until after she's gone, fine and dandy. She can't afford to have it torn down and I'd hate to put her through at this point. So, we're up to suggestions in what you would like to have done. Councilman Goedert-This was the one that we looked at and we felt that the structure was Supervisor Champagne-Crossroads up on Assembly Pointe. Councilman Goedert-And it was, actually the interior that we Supervisor Champagne-Right. Ms. Coulter-Well, they have no right to be inside of it in the first place, I don't know who went through. Councilman Turner-Did you report it to the sheriff? Councilman Goedert-Ma'am, can you get the building boarded up? Ms. Coulter-We can get it boarded up but I'd hate to do anything until after she's gone, it's all she's got left. Councilman Turner-Did you report the vandalism to the sheriff? Ms. Coulter-No. Councilman Turner-They never came? Ms. Coulter-And they have trashed the inside, I will agree. It's been trashed terrible. Supervisor Champagne-I did make a site visit there myself today with Dave and to me the, you know, given the time and money, that building could be brought back. I mean, it certainly is not a building that, in my opinion needs to be destroyed or torn down. Ms. Coulter-It could be brought back but as mom doesn't have the money and I certainly don't have the money to do it and also I've got another question. This John Mason called me on, back this fall, what he's got to do with it, I have no idea. He tells me he's not, he does not belong to the association. He wants to buy, the association was supposed to want to buy a certain footage from my mother. They wanted the house destroyed and they want to take so much of her footage because over where Mr. Beale lived, I don't know who owns it now because my father was care taker at all these places up there when he was alive. The association was going to give them so many footage so they could build more buildings over there and he wanted mom to sell her property and the girl from next door bought the house that I owned at one time. She had her's torn down because they gave her such a rough time. She owns the Pine Tree Motor Lodge or cabins over on Lake George Road and Mason told her that my mother had already sold. I don't know what he's got to do with this, that my mother had already sold and I contacted her and I said that was a lie and I don't know what he, you know what he's got to do with the whole thing anyway but he's lied all the way through it. I know his, I thought it was his father but he said the one from Cleverdale was his grandfather that I knew, Howard Mason. But what he's got to do with it, I have no idea and he has called me a month ago. And also on mom's taxes, at the same time that they wanted to buy her out, her assessed value went from forty-three thousand to twenty-two thousand. I don't know why this was done either. Councilman Monahan-Wait a minute, you said it went up and then you gave us figures that went down. Ms. Coulter-It was assessed at forty-three thousand up until August of 96 and then when he contacted me, him and I had a little difference on it because I had mom's tax papers and I said I defer with you, it's not twenty-two thousand, her property wasn't assessed for that and after when I got her taxes in September, they had been down to twenty-two thousand. Supervisor Champagne-Almost cut in half. Councilman Monahan-Well it could be because they did a site visit and the Assessor's Office might have done a site visit. Ms. Coulter-Well why didn't her taxes go down then, tax money wise. Councilman Monahan-It depends upon what the budget was. Councilman Pulver-It depends on what the tax rate was at the time. Councilman Monahan-Yea, it depends upon the tax rate. Supervisor Champagne-You'd have to come in and talk to the Assessor's Office to get that question answered. Councilman Monahan-Yea, you need to bring both the tax bills both in. Councilman Goedert-I have no problem with, as long as she's willing to secure the structure. Councilman Monahan-Which is going to mean, boarding the windows. Councilman Pulver-Just boarding up the doors and the windows. Councilman Monahan-And putting a better lock on the back door. Board the back door right up. Ms. Coulter-We'll probably board that up because they've broke, they smashed that door. Councilman Monahan-And why don't you call the Sheriffs Department and ask them to swing by there every once and a while to make sure nobody is ripping off the boards and so on and so forth. Councilman Pulver-Especially now in the winter time. Ms. Coulter-There is tracks around the back of the house, I was down there and took the washer and dryer out for my son and there's been tracks around the back of the house, for what, I don't know. Councilman Monahan-Yea, that's why I say, why don't you, you know, when you've got it boarded up, call the Sheriffs Department and ask them to swing by there every once in a while to make sure nobody else is monkeying around there. Supervisor Champagne-Dave has also called our attention to the deck, if you will in the back, it's kind of out of plumb, out of level. Ms. Coulter-It's broke. Supervisor Champagne-You know, I think if you were to clean up those kinds of conditions. Ms. Coulter-But we can't really do nothing until spring now. I can board the windows up but to really do any maJor. Supervisor Champagne-Well major, you know, to go in there and just take down, you've got a shed that comes off the, I guess it would be the right hand side of the building. I guess what I'm asking for is, in some cases, there appears to be some danger areas in there for kids playing or whatever. Councilman Pulver-Yea but they shouldn't, they'll be trespassing if they go in there. Supervisor Champagne-I fully understand that. Ms. Coulter-That's right, they shouldn't even be there in the first place. Supervisor Champagne-And I fully understand that. That's, I guess that's our problem if they are there. Ms. Coulter-And that's why the windows are broke, somebody Supervisor Champagne-However, if they are there and they do get injured, there's a liability there no matter whether they shouldn't be there or should be there. Ms. Coulter-If it's posted with the Sheriffs Department, is it then legal? Supervisor Champagne-It's not posted by the Sheriffs Department. Ms. Coulter-If they do? Supervisor Champagne-I'm not going to answer that, I'm not an attorney so I don't have an answer to that one. Councilman Pulver-I'm not sure if they're uninvited and they're trespassing, whether or not you have the liability. I would check with your insurance company. But boarding it up Supervisor Champagne-If you could just kind of clean that part up a little bit I think would satisfy some neighbors and make it easier for all of us including the Supervisor. That's all I think we're asking for. Ms. Coulter-I know it's a mess and somebody didn't have their kids under control because they've smashed every window downstairs. Supervisor Champagne-I saw that too. I did see that. Ms. Coulter-They've thrown stones through every window. Supervisor Champagne-Okay, anything else? Are you finished Ma'am? Okay, thank you. Councilman Monahan-I think we need to give her some instructions. Supervisor Champagne-Well let's hear from, there are some others out here that want to speak to that. Do you want to come up please and give your name in the microphone. Mr. Charlie Adamson-My name is Charlie Adamson, I thought maybe I could, I live on Assembly Point and I'm very well aware of the property that's under submission here. The one thing that hasn't been talked about tonight is, several people up there are worried about the fire possibilities. There's a big collection of wood, I think Malcolm put that all there at one point and the, should that get started it would probably take the house and take the trees and as you know, there's an awfullot of trees up there. So that's the biggest, that's a big problem. Now, the, you talked about an association. The association up there is Otyokwa Corporation, owns the property across the street and to the sides of this property. But the association has, is not involved in trying to get this property at this point. Ms. Coulter-Whose John, whose this John Mason? Mr. Adamson-Okay, John Mason was, is, works for Phil Morse who, as you know has the big property, fenced property, Mr. Beale's old property. Mr. Morse is planning to increase the size of his house up there and to do so, the way he wants to do it, it would be to his benefit to be able to straighten the road. So what he had proposed last year, I don't know whether it's a dead issue now, was that he would, that if we would give him the amount of what we own up there, the Otyokwa Corporation is all the members that border it. It's a circle, the land inside the circle is what we own, we all have shares in it, one share each property owner and so we would have to, he came to the corporation and said I would like you to buy this piece of land so that I can straighten out the road. I realize I would have to deal with the town and get the town's permission and I think John Mason may have talked to him. John Mason is his deputy and one of the things, one of the ways that he tried to sweeten the idea of buying Otyokwa property, this is basically forever green property, not for ever wild but it's property that we intend to keep undeveloped up there and it's assessed on that basis and we know that if we change any of that, the assessment of change. We have no intention of changing it. But what Mr. Morse said was that if he could buy those two pieces of property, the Granger property and the piece next to it that used to be owned by Mrs. Usher and I don't know the name of the person that owns it now, if he could buy that property and give it to Otyokwa in turn for are giving him the piece of property that he needs to straighten out the road up there, would we accept the deal and Supervisor Champagne-Charlie, without going into any great length here in a real estate deal, I think my concern is, I think we've answered your question, is that correct? I think we probably got the story as far as we needed at this stage. Mr. Adamson-Okay, fine. Councilman Monahan-The wood, Charlie that you're talking about being a hazard, is this a pile of wood that's for a stove or is it just odds and ends of wood? Mr. Adamson-I think it was intended to be, it used to be alot bigger and I think the way it was diminished was to use it in the stove when people we're living there. Supervisor Champagne-Betty, it's probably five feet high, stacked triangular eight feet long and it's slab wood. Mr. Adamson-I think it's a bit wider then eight feet. Supervisor Champagne-Is it? Mr. Adamson-I think it's more like fifteen and I think it maybe even higher then that and it's a mixture. Unknown-I have no problem with that because I have trucks and equipment so I can Supervisor Champagne-You can get that out of there for us? Unknown-Yes, I'm the son, I'm her older brother so getting rid of the wood is no problem and boarding the windows is no problem. Supervisor Champagne-Getting rid of the wood, boarding up the windows, getting rid of the shed roof on the right hand side that's about ready to collapse and take care of that deck in the rear that's already collapsed, you know if you could clean it up to that level, I think we've got a respectable looking piece of property there that certainly we can live with until your mom decides what she wants to do with it. Is that fair enough? Ms. Coulter-You know, if they give her a fair price, she'd probably sell it but I hate to push it onto her right now. Supervisor Champagne-Sure, I think that's understandable. Ms. Coulter-I mean, that's the only thing she's got left is that. Councilman Goedert-Well that's her decision on whether or not she wants to sell. Supervisor Champagne-That's right. Councilman Pulver -Yea, that's right. Supervisor Champagne-And I'll say it again, that house is not ready to be torn down. Dave, can I say that in all honesty? Director, Mr. Hatin-Yes, I agree. Supervisor Champagne-It needs to be secured but it's certainly ready... So where do we go with this? Councilman Pulver-I think we just make an inspection at a reasonable time, right? Supervisor Champagne-So rather, let's go back to this last sentence on the first page of the resolution. Let's see here, demolish and remove the structure, we're talking here about boarding it up and making it secure. Can we make those changes tonight and get on with it and give them sixty days? Town Counsel Schachner-Yea you could substitute, a phrase like make the premises secure, if you'd like. Supervisor Champagne-Does that satisfy the board? Councilman Goedert-It's fine with me. Councilman Pulver -Yes, that would satisfy me, sure. Supervisor Champagne-Okay. Do you want to give that to the clerk so it can go on the record? Does that satisfy you? That's okay? Dave, is there anything else we need to do with this? Director, Mr. Hatin-No, that sounds fine to me. Supervisor Champagne-Okay, we need a motion. Is that where we are? Town Counsel Schachner-Did you close the public hearing? Councilman Goedert -You've got to close the public hearing. Councilman Monahan-Well I think and I think besides that, don't you want to, you don't want to leave that last paragraph in, do you? Supervisor Champagne-No, we just changed that. Oh, wait a minute. Councilman Monahan-Don't you want to delete the last paragraph, Fred? Councilman Turner-Delete it, just take it out. You want to take it right out of there, don't you? The last resolve. Supervisor Champagne-Yes. RESOLUTION REGARDING UNSAFE STRUCTURE LOCATED ON CROSSOVER ROAD AND OWNED BY MRS. FRED (MINA) GRANGER RESOLUTION NO. 43, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury has heard a report from the Director of Building and Codes, Mr. David Hatin, concerning an unsafe structure located on Crossover road on Assembly Point in the Town of Queensbury and bearing Tax Map No. 9-1-38, and WHEREAS, the Town Board of the Town of Queensbury has been advised that notice of this hearing was served pursuant to ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after hearing from Mr. Hatin and after reviewing the documents submitted in connection with this matter, hereby determines that the structure is currently unsafe and dangerous and determines that the owner(s) of the structure should immediately make the premises secure within sixty days. Duly adopted this 20th day of January, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT None CORRESPONDENCE Deputy Town Clerk Barber read the following letter: Dear Mr. Paul Naylor, On behalf of the Village Board, residents and myself, I would like to thank you for your recent help with our landslide clean up. The north country faces many problems and challenges. However, with communities showing support for one another we will enter the 21st century on a positive note. Once again, thank you. Sincerely, C. Michael Cronin, Mayor, Village of Hudson Falls RESOLUTIONS RESOLUTION AUTHORIZING APPLICATION FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT TO PURCHASE MICROFILM READER PRINTER RESOLUTION NO. 44, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Clerk of the Town of Queensbury wishes to apply for a Local Government Records Management Improvement Fund Grant (LGRMIF) offered by the New York State Education Department for the 1997-98 grant cycle for an amount of $6,000, and WHEREAS, it is anticipated that the funding from said grant will be used to purchase a microfilm reader printer for use by the Town Clerk's Office, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the submission of an application for a Local Government Records Management Improvement Fund Grant (LGRMIF) offered by the New York State Education Department for the 1998-98 grant cycle, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the application will be for a grant up to a maximum amount of $6,000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute a Grant application and further authorizes and directs the Town Clerk to take such other and such further action as may be necessary to apply for the aforementioned grant. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING PARTNERSHIP AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGARDING PARTNERSHIP FOR SAFE WATER PROGRAM RESOLUTION NO. 45, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Thomas Flaherty, Town Water Superintendent, has expressed an interest in participating in the National Partners of the Partnership for Safe Water Program sponsored by the United States Environmental Protection Agency, and WHEREAS, the purpose of the Safe Water Program is to encourage U.S. water suppliers to survey their facilities, treatment processes, operating and maintenance procedures, and management oversight practices to identify areas that will enhance the water system's potential to prevent the entry of microbial contaminants to treated water and to voluntarily implement action appropriate for the water system, and WHEREAS, major capital expenditures are not anticipated or required as part of the Safe Water Program, and WHEREAS, a Partnership Agreement Between the United States Environmental Protection Agency and the Town of Queensbury has been presented at this meeting, and WHEREAS, the agreement is in a form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Town of Queensbury Water Department's participation in the National Partners of the Partnership for Safe Water Program and further authorizes and directs the Town Supervisor to execute the Partnership Agreement presented at this meeting. Duly adopted this 20th day of January, 1997 by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Pulver-I've read this whole thing and I'm glad that Mr. Flaherty has taken the initiative to get us involved with this. Water Superintendent, Mr. Tom Flaherty-This is a program that I became aware of when I made a presentation last fall at America Waterworks Association meeting in Syracuse and the partnership for safe water is a voluntary, initiative for enhancing water treatment to provide higher quality drinking water. The partnership program is a four phase self assessment and peer review process to help water suppliers examine their water operations, maintenance and management practices to determine where improvements can be made. In addition to committing to ongoing water treatment enhancement, the partnership members must me current USEP A Water Quality Standards, they must be in compliance with the service water treatment rule for the past six months, they must have third parties assess their water operations, implement system improvements identified by the assessment and communicate these efforts to their customers. Supervisor Champagne-I want to congratulate you on this by all means and I think it's a great move in the right direction. Water Superintendent, Mr. Flaherty-One of the things it does do, it broadens our ability and our scope to gain information and enhance our practices because we become involved, instead of focuses in our own little area right here, it's nation wide and we get the benefit of alot of expertise out there that we wouldn't get any other way. (vote taken) RESOLUTION TO APPOINT MEMBER TO TOWN ZONING BOARD OF APPEALS RESOLUTION NO. 46, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals (ZBA) pursuant to New York State Town Law Section 267, and WHEREAS, the term of a member of the ZBA has expired and that member has chosen not to seek reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Brian A. Custer to serve as a member of the Zoning Board of Appeals, said term to expire on December 31, 2003. Duly adopted this 20th day of January, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT None RESOLUTION TO APPOINT MEMBER TO TOWN ZONING BOARD OF APPEALS RESOLUTION NO. 47, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town Zoning Board of Appeals (ZBA) pursuant to New York State Town Law Section 267, and WHEREAS, a member of the ZBA has recently resigned creating a vacancy, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Paul J. Hayes to serve as a member of the Zoning Board of Appeals, effective immediately, to fill the unexpired term of David Menter, said term to expire on December 31, 1999. Duly adopted this 20th day of January, 997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE AN AGREEMENT FOR TROLLEY SERVICE WITH GREATER GLENS FALLS TRANSIT RESOLUTION NO. 48, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Greater Glens Falls Transit has met with and submitted information to the Town Board of the Town of Queensbury regarding the provision of seasonal trolley service to, through, and among various locations within the Town of Queensbury and other nearby municipalities, and WHEREAS, the Town of Queensbury's proposed contribution for such seasonal trolley service will be $45,000, which sum will cover capital expenses for the 1997 year, and WHEREAS, the trolley service would establish a public transportation service benefitting and serving the Town of Queensbury residents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of an agreement between the Town of Queensbury and Greater Glens Falls Transit for seasonal trolley service for an amount of $45,000 for 1997, 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 an agreement for trolley services to be in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the expenses for trolley services shall be paid for from Account No. 001-5630- 4412. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : Mrs. Pulver ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR RICHARD AND LINDA PHILLIPS RESOLUTION NO. 49, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Richard and Linda Phillips have filed an application for a permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to replace their old mobile home with a new mobile home at property situated at 52 Sanders Road, Queensbury, New York, 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 February 3, 1997 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Richard and Linda Phillips for a permit to substitute a new mobile home for an existing mobile home on property situated at 52 Sanders Road, 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 20th day of January, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AMENDING 1996 BUDGET RESOLUTION NO. 50, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 517, 96 authorized the release of vehicle fund money to certain fire companies and emergency squads in the Town of Queensbury, and WHEREAS, all revenues have been received in the Fire Protection Fund for the fiscal year 1996, and WHEREAS, the Fire Protection Fund has an estimated 1996 surplus fund balance of $473,000., and WHEREAS, the Town Board of the Town of Queensbury desires to appropriate $283,990 from said surplus fund balance to be paid to the fire companies and rescue squads, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1996 Budget be amended as follows: 1) Increase appropriated fund balance in the Fire Protection Fund Account No. 005-0005- 0599 by $283,990; 2) $146,326.25; Increase appropriations in the Fire Contracts Account No. 005-3410-4415 by 3) Increase appropriations in the Emergency Medical Services Account No. 05-3410-4424 by $137,663.75; and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES : Mrs. Pulver ABSENT: None RESOLUTION RESCINDING RES. 616, 95 CONCERNING APPOINTMENT OF MEMBERS TO THE BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 51,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 616, 95 which resolution amended the expiration dates of two Board of Assessment Review members which were set forth in resolution no. 515,95, and WHEREAS, the Town Board of the Town of Queensbury desires to rescind said resolution no. 616,95 as the expiration dates listed in the resolution are in error, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 616, 95 and the Board further states its understanding that the expiration date (September 30,2000) of the two Board of Assessment Review members stated in resolution 515,95 is the correct expiration date. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WARREN COUNTY DEPARTMENT OF SOCIAL SERVICES AS WORKSITE SPONSOR AGENCY RESOLUTION NO. 52, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Warren County Department of Social Services has been authorized pursuant to ~164 of the New York State Social Services Law to provide for the establishment of work experience projects for the assignment of employable persons in receipt of home relief and pursuant to the Code of Federal Regulations Title 45, Part 238 and ~336-c of the New York State Social Services Law for employable persons in receipt of Aid to Families with Dependent Children, and Code of Federal Regulations, Title 7, Part 273.7 for employable persons in receipt of Food Stamps, and WHEREAS, work experience may also include the performance of work in the operation of or in an activity of a governmental unit, a non-profit agency or institute pursuant to a contract with the Department in accordance with the regulations of the State Department of Social Services, and WHEREAS, the Town of Queensbury is a municipal corporation existing under and by virtue of the laws of the State of New York and is desirous of providing work experience for recipients of home relief and aid to dependent children under a contract presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the agreement between the Town of Queensbury and the Warren County Department of Social Services and authorizes and directs the Town Supervisor to execute the same and to take such other and further steps as may be necessary to implement and carry out the terms and provisions of the same. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Supervisor Champagne noted this is step one, the town buying into the concept and step two would be to meet with the Department Heads, identify the job slots that are out there, take a look at the people that are available and try to match the two. (vote taken) RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO. 53, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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: FROM: SUPERVISOR/DRAINAGE: TO: 01-8540-2001 (Drainage - Misc. Equip. ) 01-1990-4400 (Contingency) 01-1430-4010 (Personnel - Office Supplies) BUILDING & GROUNDS: FROM: 01-5132-4400 (Misc. Contractual) BUILDING & GROUNDS: FROM: 01-1620-4500-0024 (Fuel Oil and/or Natural Gas) 01-1620-4500-0024 (Fuel Oil and/or Natural Gas) 01-1620-4400-0027 (Misc. Contractual) 01-1620-1230 (Cleaner) 01-1620-1400-0002 (Laborer A) 01-1620-1530 (Building Maintenance) 01-8540-4400 (Drainage - Misc. Contr.) 1,740. 01-8540-4400 (Drainage - Misc. Contr.) 01-1430-4400 (Personnel - Misc. Contractual) TO: 01-5132-4300 (Utilities) TO: 01-1620-4300-0024 (Utilities) 01-1620-4660-0024 (Electrical Repairs) 01-1620-1860-0027 (Queensbury Center Coordinator) 01-1620-1221 (Facilities Manager) 01-1620-1400 (Laborer A Overtime) 01-1620-1530-0002 (Building Maintenance Overtime) $ AMOUNT: 500. 108. $ AMOUNT: 364. $ AMOUNT: 361. 8. 1. 1. 485. 38. TOWN COUNSEL: FROM: TO: $ AMOUNT: 01-1420-1890 01-1420-4130 599.99 (Conf. Legal (Town Counsel Services) Secretaries) 01-1420-1890-0002 01-1420-4130 350.84 (Conf. Legal (Town Counsel Services) Secretaries Proj-OT) 01-1420-2100 01-1420-4130 394. (Computer Hardware) (Town Counsel Services) 01-1420-4010 01-1420-4130 134.04 (Office Supplies) (Town Counsel Services) 01-1420-4040 01-1420-4130 506. (Dues & Registrations) (Town Counsel Services) 01-1420-4140 01-1420-4130 400. (Travel) (Town Counsel Services) TOWN COUNSEL: FROM: TO: $ AMOUNT: 01-1420-4400 01-1420-4130 770. (Misc. Contractual) (Town Counsel Services) 01-1990-4400 01-1420-4130 9,350. (Contingency) (Town Counsel Services) and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 20th of January, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING APPLICATION AND PURCHASE OF INSURANCE WITH COOL RISK MANAGEMENT SERVICES, INC. RESOLUTION NO. 54, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury must renew its General Liability Coverage Insurance and other related types of insurance for the year 1997, and WHEREAS, the Town Supervisor and Councilperson Monahan have reviewed the Town's current insurance policies, arranged for the solicitation of insurance coverage available through Cool Risk Management Services and the New York Municipal Insurance Reciprocal (NYMIR), and reviewed the same, and WHEREAS, the Town Supervisor and Councilperson Monahan have recommended to the Town Board of the Town of Queensbury that the Town of Queensbury remain with Cool Risk Management Services for the purchase of its insurance coverage, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury determines that it is appropriate to remain with Cool Risk Management Services for its General Liability and Public Officers Insurance policies and hereby authorizes any necessary applications to the St. Paul Insurance Company for General Liability Coverage and the filing of applications with any other companies recommended by Cool Risk Management Services for the Town's 1997 insurance policies. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF SERVICES OF CONVENIENT MEDICAL CARE, P.C., TO PERFORM SUBSTANCE TESTING SERVICES FOR THE TOWN OF QUEENSBURY RESOLUTION NO. 55, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by Resolution No. 51,96, the Town Board of the Town of Queensbury authorized the retention of services of Convenient Medical Care, P. C. to perform substance testing services for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Convenient Medical Care, P.C. to perform substance testing services for the Town for 1997 in accordance with Federal Motor Carrier Safety Regulations (FMCSR), and WHEREAS, Convenient Medical Care, P.C., has offered to perform the aforesaid services in accordance with the terms and provisions of an agreement presented at this meeting, at the cost(s) designated in said agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Convenient Medical Care, P.C., to perform the services outlined in the preambles of this resolution for 1997, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to enter into the agreement with Convenient Medical Care, P. C., for the performance of services authorized by this resolution, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from the appropriate accounts. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING RETENTION OF SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) FOR 1997 RESOLUTION NO. 56, 97 MOTION DEFEATED INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury previously retained the services of Amtek Management Services Corp. (AMTEK) to provide various personnel consultant services during 1996, and WHEREAS, the Town Board of the Town of Queensbury desires to again retain the services of AMTEK to perform personnel consultant services during 1997 in accordance with the terms and provisions of the Employee Management System Agreement presented at this meeting at a cost of $ 830 per month for twelve (12) months, plus travel expenses at .29 per mile, for a total annual fee not to exceed $10,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Amtek Management Services Corp. (AMTEK) during 1997 at a cost of $ 830 per month for twelve (12) months, plus travel expenses at .29 per mile, for a total annual fee not to exceed $10,000, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Employee Management System Agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account No. 01-1430-4400. Duly adopted this 20th day of January, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Champagne NOES: Mrs. Goedert, Mrs. Pulver, Mr. Turner ABSENT: None RESOLUTION TO INSTALL STREET LIGHT ON BAY ROAD RESOLUTION NO. 57, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of a street light on Bay Road in Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the following street light be installed: One (1) 100 watt high pressure sodium lamp and standard luminaire at Pole #NM 119-1/2 on Bay Road, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all necessary arrangements for such installation through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said light shall be paid for as a general Town charge. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF RADIAL STACKING CONVEYOR FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 58, 97 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 the purchase of a new radial stacking conveyor for the Town Highway Department, 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 H. Naylor, Town Highway Superintendent, has recommended that the Town Board award the bid to the lowest Bidder, Contractor Sales Co., Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the radial stacking conveyor to Contractor Sales Co., Inc. for the amount of $13,755., and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Highway Department Account. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF ROAD WIDENER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 59, 97 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 the purchase of a new road widener or a used road widener as an alternate, for the Town Highway Department, 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 H. Naylor, Town Highway Superintendent, has recommended that the Town Board award the bid to the lowest and only Bidder, Syracuse Supply, for a new road widener, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for a new road widener to Syracuse Supply for the amount of $158,850., and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Highway Department Account. Duly adopted this 20th day of January, 1997, 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 NEW 1997 HEAVY DUTY TANDEM DUMP TRUCK WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 60, 97 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 the purchase of a new 1997 heavy duty tandem dump truck with plow, wing and all necessary hydraulics and attachments for the Town Highway Department, 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 H. Naylor, Town Highway Superintendent, has recommended that the Town Board award the bid to H. L. Gage Sales, Inc., for the tandem dump truck for the amount of $116,227., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the new 1997 heavy duty tandem dump truck with plow, wing and all necessary hydraulics and attachments, to H. L. Gage Sales, Inc. for the amount of $116,227, and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Highway Department Account. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING ADDENDA TO AGREEMENTS FOR FIRE PROTECTION SERVICE BETWEEN THE TOWN OF QUEENSBURY AND THE TOWN OF QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO. 61, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury previously authorized agreements between the Town of Queensbury and the Town of Queensbury Volunteer Fire Companies for fire protection services, and WHEREAS, the Town of Queensbury and the Town of Queensbury Volunteer Fire Companies have agreed upon an additional provision relating to the Town's purchase of insurance coverage and therefore wish to create Addenda to the agreements for fire protection services incorporating the additional provision, and WHEREAS, a copy of an Addendum between the Town and the Fire Companies has been presented at this meeting, NOW, THEREFORE, BE IT 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 Addenda referred to in this resolution on behalf of the Town Board of the Town of Queensbury with the Town of Queensbury Volunteer Fire Companies. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPROVING ADDENDUM TO AGREEMENT FOR AMBULANCE PROTECTION SERVICES BETWEEN THE TOWN OF QUEENSBURY AND THE WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO. 62, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously authorized an agreement between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. for ambulance protection services, and WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., have agreed upon an additional provision relating to the Town's purchase of insurance coverage and therefore wish to create an Addendum to the agreement for ambulance protection services incorporating the additional provision, NOW, THEREFORE, BE IT 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 Addendum referred to in this resolution on behalf of the Town Board of the Town of Queensbury with the West Glens Falls Emergency Squad, Inc. Duly adopted this 20th day of January, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None ABSTAIN: Mrs. Goedert RESOLUTION APPROVING ADDENDA TO AGREEMENTS FOR AMBULANCE PROTECTION SERVICES BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE RESCUE SQUAD, INC. AND NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO. 63, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously authorized agreements between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad, Inc., for ambulance protection services, and WHEREAS, the Town of Queensbury and the Rescue Squads have agreed upon an additional provision relating to the Town's purchase of insurance coverage and therefore wish to create Addenda to the agreements for ambulance protection services incorporating the additional provision, NOW, THEREFORE, BE IT 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 Addenda referred to in this resolution on behalf of the Town Board of the Town of Queensbury with the Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad, Inc. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None RESOLUTION DEEMING RECEIVABLE AS UNCOLLECTIBLE RESOLUTION NO. 64, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner Town Board held discussion, questioned whether the subject is employed by the Town of Queensbury... board agreed to hold for further review. (Motion withdrawn) RESOLUTION SEEKING SEQRA LEAD AGENCY STATUS IN PROPOSED ANNEXATION OF COLE'S WOODS RESOLUTION NO. 64, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, a wooded recreation area known as Cole's Woods, which is currently owned by the City of Glens Falls, is situated in and within the municipal boundaries of the Town of Queensbury, and WHEREAS, the City of Glens Falls has filed a legal Petition seeking to annex Cole's Woods and change the municipal boundaries between the City and the Town so that Cole's Woods would become part of the City instead of the Town, and WHEREAS, the City's Petition seeks to schedule a public hearing regarding the proposed annexation on February 11, 1997 at Glens Falls City Hall, and WHEREAS, the City's Petition also seeks the Town's consent for the City to act as lead agency under the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, the Town has thirty (30) days from the date of the Petition or until January 29, 1997 to express its consent or object to designation of the City as SEQRA lead agency, and WHEREAS, the Town Board of the Town of Queensbury believes that it would be more appropriate for the Town Board to conduct environmental review and have the role of SEQRA lead agency for this proposed action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby objects to designation of the City of Glens Falls as SEQRA lead agency for the proposed annexation of Cole's Woods, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby declares its desire to be SEQRA lead agency to conduct review of potential environmental impacts of this proposed action, and BE IT FURTHER, RESOLVED, that the Town Supervisor, Department of Community Development, and Town Counsel's Office are hereby authorized to file copies of this resolution and take such other and further steps as may be necessary to achieve SEQRA lead agency designation status for this action, and BE IT FURTHER, RESOLVED, that the Town Supervisor's Office shall send a copy of this resolution with appropriate notification to the City of Glens Falls. Duly adopted this 20th day of January, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : None ABSENT: None TOWN BOARD MEMBER MATTERS Councilman Pulver questioned whether the Supervisor has sent the letter to the Town of Moreau Board regarding a meeting with our Town Board? Supervisor Champagne noted that he had sent the letter along with a proposal from Tony Geiss and copies of the letter were given to the board members... Noted further that he has not received a response as of yet. Town Counsel Schachner distributed to the board members copies of a letter addressed to the Glens Falls Mayor stating the town's desire to become lead agency regarding the proposed annexation. Supervisor Champagne noted that if the board was in agreement, sign and forward the letter. OPEN FORUM 8:25 P.M. Mr. John Salvador, North Queensbury spoke to the board regarding the following subjects; North Queensbury Wastewater Management, Village of Lake George Watershed Protection Regulations... referred to the proposed Trolley Service and requested the service be provided in North Queensbury... Questioned the status of the North Queensbury Conservation Project. Executive Director, Mr. Martin noted that the area for the Cleverdale project has been surveyed, the town is waiting for that surveyed material which is expected in by the end of January and once we have that we can begin conceptual designs for the systems. Mr. Salvador questioned whether the town has received any money towards the project? Executive Director, Mr. Martin noted that the town has twenty thousand dollars secured from the LGA and we've applied for another sixty-seven thousand dollars and change from the Section 319 money of the Department of Environmental Conservation Nonpoint Source Pollution Program. Mr. Pliney Tucker, Queensbury spoke to the board regarding the sale of water and the procedures involved... questioned whether a public hearing would be required. Town Counsel Schachner-Noted, it depends what avenue, if any the town decides to pursue. Certain types of entities that could be created would require public hearings, certain types of contracts typically would not. It depends on what vehicle is used to get to a certain goal. Mr. Tucker requested a meeting with the board regarding the proposal for a stump dump. Supervisor Champagne-Noted, Jim Coughlin would be the one to come to the board and make whatever recommendations and if Jim requests a meeting, we could certainly meet at a workshop and discuss this further. Mr. Tucker noted that there are four street lights on Upper Glen Street that have been out for more then three months. Questioned the Supervisor whether he had spoke to the Town Clerk regarding the fee being charged for FOIL requests. Supervisor Champagne recommended the he speak directly with the clerk, the one who handles and manages it. Mr. Tucker noted that he feels the Chairman of the Planning Board should not be able to sit and make decisions on another PUD because of his actions taken during the previous Hudson Pointe PUD. Councilman Pulver recommended that he file a complaint with the town's Ethics Board. Barbara Bennett questioned why the town office building is open today when it's a state holiday, Martin Luther King Day and whether there's any activity going on to recognize this day as a holiday. Supervisor Champagne noted, there is no activity going on to make an effort here to change the holiday. My understanding is that when the contract was signed by the union, there are X number of days in there that are holidays, there was a choice given at the time when the law was written that you could either sign on at taking that holiday without having to give up another holiday, so it was just added on. The other option was to exchange one of the holidays that you were getting for Martin Luther King Day and evidently the union or the Town Board at that point, determined that was answered. Highway Superintendent, Mr. Paul Naylor noted that the town, according to union contract has the two floaters in place of Election Day and Martin Luther King Day. OPEN FORUM CLOSED 9:05 P.M. No further action taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK, QUEENSBURY