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1997-06-16 REGULAR TOWN BOARD MEETING JUNE 16, 1997 7:02 P.M. MTG#29 RES#240-254 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS HIGHWAY SUPERINTENDENT - P AUL NAYLOR CONTROLLER - HENRY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT - JOHN GORALSKI SUPERINTENDENT OF BUILDING AND GROUNDS - CHUCK RICE PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN SUPERVISOR CHAMPAGNE-Opened meeting. PUBLIC HEARING LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 182 ENTITLED "CIVIL ENFORCEMENT" OPENED 7:02 P.M. NOTICE SHOWN TOWN COUNSEL, MARK SCHACHNER-The proposed local law would actually be a new section of the Town Code, it would relate to any Town Code enforcement matter. The proposed local law would add an option to the town enforcement staff to enforce the code in what's called a legally civil manner as opposed to a criminal manner. If somebody is deemed to be in violation of a provision of the Town Code the appropriate enforcement person, whether that be the Animal Control Officer, Code Compliance Officer, Zoning Administrator, or whomever would have the option to start a civil action in the Queensbury Town Court against that person as opposed to a criminal action which is the way the current Town Code Enforcement Provisions are written. We believe that the civil option affords more flexibility and is more, I guess what I'll call user friendly and will facilitate the ability to gain our principal goal in this case which is not punishment but is compliance. SUPERVISOR CHAMPAGNE-Okay. The public hearing is opened, anyone care to voice an opinion pro or con, questions? JOHN SALVADOR, QUEENSBURY -As I understand a civil enforcement requires less on behalf of the town bringing the action by way of proof beyond a reasonable doubt. This is a very delicate and very precious privilege right that we have if we are accused of something that the accuser establishes beyond a reasonable doubt that we're guilty of something. SUPERVISOR CHAMPAGNE-That's true. MR. SAL V ADOR-I can see a parade, I could just see a parade. This is to be brought before Town Court? EXECUTIVE DIRECTOR, MR. GORALSKI-Yes, this is in Town Court. TOWN COUNSEL, MR. SCHACHNER-These would exclusively be brought in Town Court. We already have the authority under existing New York State Law and Code Provisions to start a civil action in New York State Supreme Court if we decide we wish to do that. This would be a separate layer that would only be in Town Court. MR. SALVADOR-That's my only comment there. In the local law Section 182-4 exempts this Chapter. This Chapter shall not apply to Chapter 94 of the Code, Freshwater Wetlands is there a particular reason for that? TOWN COUNSEL, MR. SCHACHNER-That section of the Town Code is based on State Code, it has its own enforcement provision. MR. SALVADOR-Has what? TOWN COUNSEL, MR. SCHACHNER-It's based on the sections of State Law that have their own enforcement provisions. MR. SALVADOR-All other town codes are based on State Law. TOWN COUNSEL, MR. SCHACHNER-No. MR. SAL V ADOR- They're not? TOWN COUNSEL, MR. SCHACHNER-They maybe authorized by State Law.... MR. SALVADOR-Exactly. TOWN COUNSEL, MR. SCHACHNER-That's not the same thing as based on State Law in the contexts of the Freshwater Wetlands Law. MR. SALVADOR-So it will be left to someone else to enforce the Freshwater Wetlands part of your code? TOWN COUNSEL, MR. SCHACHNER-No. MR. SAL V ADOR- Y ou won't bring them into Town Court then? TOWN COUNSEL, MR. SCHACHNER-Wrong. We just won't have them in civil actions in Town Court. MR. SAL V ADOR- That's the way you want it? TOWN COUNSEL, MR. SCHACHNER-That's what we want. SUPERVISOR CHAMPAGNE-Anyone else care to speak? Pro or con, for or against, questions that you may have? COUNCILMAN GOEDERT-I have a number of questions. John 182-3, Civil Enforcement, how did we come up with the $3,000.00 penalty? MR. SCHACHNER-I think it's the maximum authorized by State Law for a Town Court action. COUNCILMAN GOEDERT-The last sentence of that same, Enforcement Officer may only seek a civil penalty not exceeding the lesser amount? TOWN COUNSEL, MR. SCHACHNER-Some sections in Town Code actually specify certain civil penalties up to a maximum dollar amount less than $3,000.00. COUNCILMAN GOEDERT-My question would be how many of those do we already have that state; are a lesser amount than the $3,000.00? TOWN COUNSEL, MR. SCHACHNER-I don't know the answer, several. EXECUTIVE DIRECTOR, MR. GORALSKI-Most of the local laws and codes state a specific amount, there are a few that do not state any amount at all. TOWN COUNSEL, MR. SCHACHNER-In many cases the ones that state an amount state $1,000.00 and numbers less than $3,000.00. COUNCILMAN GOEDERT-I'm a little confused with the fact that we have other codes that state a lesser amount then we put in this to cover the codes that don't have that amount. Get me to a point where I can say we're writing codes kind of unified instead of spotty. TOWN COUNSEL, MR. SCHACHNER-I probably can't do that, I was not here when the other provisions were selected. Three thousand dollars is the maximum allowed under State Law, but you know it's not a hundred percent consistent. COUNCILMAN GOEDERT-I can't quite remember why we went forward with this. It was recommended by somebody, was it a Judge? TOWN COUNSEL, MR. SCHACHNER-We've collectively all recommended this and it was actually my idea to begin with. The focus of it is not the different amount that you are seeking it's the different type of process. The way the Town Code Enforcement Provisions are currently written, every single Town Code violation action is in essence a criminal action. The person is charged with a set of criminal documents, they are subject to a New York State Statue called a Criminal Procedural Law. In fact most of the offenses in the current Town Code are technically subject to incarceration even though we never seek that, obviously. This would give the option of bringing the action strictly in a civil non-criminal context. COUNCILMAN GOEDERT-We went with this because of it not being as offensive as a criminal action for something that's not..... TOWN COUNSEL, MR. SCHACHNER-That's a very good characterization. EXECUTIVE DIRECTOR, MR. GORALSKI-When we serve someone with a criminal summons often times it is very upsetting to them. COUNCILMAN GOEDERT-I recall now, thank you. SUPERVISOR CHAMPAGNE-Remember the case we had with the septic tank issue we didn't have evidence beyond a reasonable doubt. I think this would have probably eliminated the problems we experienced with that. Any other comments from the board? Mark do you have something more to add? TOWN COUNSEL, MR. SCHACHNER-The only thing I would add for the benefit of the board is that we did provide both Town Justices, well let me back up, we met with both Town Justices to discuss this concept before we went forward. I think the Town Board is aware of that already cause we reported about that before. We also provided the Town Justices with a copy of the actual proposed Local Law to make sure they were comfortable with it before we took action on it. Unfortunately Judge Muller has not had a chance to review it, he wasn't the Judge last week Judge Bacas has reviewed it, he is comfortable with it. I spoke with Judge Muller earlier this evening, he will get to it very soon but he just didn't have a chance to do it before tonight's public hearing. As a result, I would be inclined to recommend that the Town Board not enact this tonight because I would hate to go through the paper work of enacting it and then have Judge Muller come up with some good comment that we didn't take into account. My suggestion would be that the Town Board consider closing the Public Hearing, but then await action until our first meeting in July. SUPERVISOR CHAMPAGNE-Want to do that? COUNCILMAN GOEDERT-Yes, I agree with that. COUNCILMAN TURNER-Yes. SUPERVISOR CHAMPAGNE-Public Hearing closed. PUBLIC HEARING CLOSED 7:15 P.M. CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Read following letter into the record. Town Supervisor Town Board c/o Town Clerk Town of Queensbury Bay Road Queensbury, NY 12804 Dear Sir or Madame: The steering committee of Citizens for Queensbury has carefully reviewed proposed designs for road construction relating to Aviation Road, Dixon Road and Potter Road. We offer the following comments: 1. The current levels of service as calculated in both the Transportation Concepts traffic study and the Harza traffic study demonstrate no urgency for major road construction at these intersections. We believe there is time for a more calm and deliberative approach to determining the best way to mitigate potential future traffic impacts at these intersections. 2. There are a number of discrepancies between earlier versions of the Harza study and later versions. We are concerned that decisions regarding major Town expenditures, with potential long-term impacts on community planning, should be made on the basis of objective analysis of the facts and not be clouded by bias that may have been introduced as a result of concerns about recent litigation. 3. The Harza study indicated that the major construction proposed in the "preferred" alternative would have little, if any, long term mitigating effect on projected levels of service at the most problematic intersection: Dixon Road! Aviation. 4. The Harza study raised several serious safety concerns regarding the proposed widening of Aviation Road and Potter Road. 5. The Harza study was unclear as to which aspects of the Town's "preferred" plan were responsible for any potential improvements in projected levels of service. Again, the proposals were developed in the context of an adversarial relationship between community members and the Town which interfered with an open and deliberative analysis that could have clarified some of these issues. 6. Projected levels of service in the Harza study were based on full build out of a 190 unit planned unit development with major access via the Dixon/Aviation intersection. Future analysis of traffic and road construction needs should look at the impact of a lower density of development at this site, as called for the Town's Comprehensive Land Use Plan and in its current zoning. 7. Any future improvements at or near these intersections should include provisions for safe bicycle and pedestrian movement parallel to and across these roads and for safety of children waiting for and exiting school buses. 8. Any future improvements at or near these intersections should require careful restoration of aesthetic features disturbed by the improvements and their construction. 9. State mandated environmental review for any proposed road expansion or widening should be careful and substantive. A public hearing would also be constructive. 10. Decisions regarding the expenditure of substantial amounts of public funds should be weighed carefully against competing needs for those funds or against possible tax relief. 11. Finally, in our zeal to cut motorists commuting time by a few minutes, lets be careful not to destroy the character that has attracted so many to our Town in the first place. Thank you for your consideration of these comments. Sincerely, Mark Hoffman on behalf of the steering committee, Citizens for Queensbury RESOLUTIONS RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR TRUMAN AND JULIANNE GLEASON ON BIG BAY ROAD, LOT 136-2-5 RESOLUTION NO.: 240, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Truman and Julianne Gleason have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated on Big Bay Road, Lot 136-2-5, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on July 7, 1997 at 7:00 p.ill., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Truman and Julianne Gleason for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated on Big Bay Road, Lot 136-2-5, 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 Chairman, at least ten (10) days prior to said hearing. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned the meaning of the words under the section of Definitions. TOWN COUNSEL, MR. SCHACHNER-Noted Motor Vehicle, Vehicle, Person, and Park, are defined in the Vehicle and Traffic Law. COUNCILMAN GOEDERT-Recommended having the law present the night of the public hearing. Questioned the definition of a period of time? TOWN COUNSEL, MR. SCHACHNER-Doesn't believe it is defined in the Vehicle and Traffic Law or in the proposed law. Noted law officers typically interpret that to mean if a vehicle is parked and nobody is getting in and out. COUNCILMAN GOEDERT-Questioned if there was part of the law which allows them to unload? TOWN COUNSEL, MR. SCHACHNER-Doesn't think there is anything expressed in the Vehicle and Traffic Law that allows unloading in No Parking Zones. Noted if somebody is in the process of loading or unloading they are not considered to be parked, typically. COUNCILMAN GOEDERT-Questioned under Penalties who would enforce this? TOWN COUNSEL, MR. SCHACHNER-Noted that the penalty provisions should be Sheriff enforced. COUNCILMAN GOEDERT -Questioned if all the businesses will be notified on this road? TOWN COUNSEL, MR. SCHACHNER-Noted there is no legal provision that says that, but you could do that. COUNCILMAN GOEDERT-Recommended that this be done. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW REGULATING PARKING ON DUNHAM'S BAY ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 241,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provide for the regulation of parking on Dunham's Bay Road in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the proposed action is determined to be a Type II Action under the rules and regulations of the New York State Department of Environmental Conservation relative to SEQRA, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.rn., on the 7th day of July, 1997, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 16th day of June, 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.: 242,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously 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 $100 per hour for one year immediately following the signing of the attached Agreement, plus travel expenses at .30 per mile, 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 $100 per hour for one year immediately following the signing of the attached Agreement, plus travel expenses at .30 per mile, and BE IT FURTHER, RESOLVED, that the Amtek shall only perform consultant work upon authorization of the Town Board by project on an estimated hours basis, 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 16th day of June, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned the length of time of the contract? COUNCILMAN PULVER-Noted they will only charge for the hours used within that year. COUNCILMAN GOEDERT-Questioned if they should be contracting with them for only the special project? SUPERVISOR CHAMPAGNE-Noted it is a special project plus some other services that we may require based on a telephone call. The board will need to approve any and all services that are called for and set limits as the issues are identified. Questioned if Councilman Goedert would like to put restrictions on this? COUNCILMAN GOEDERT -Recommended hiring them for a hundred dollars an hour per project. COUNCILMAN MONAHAN-Noted you could put a sentence in the resolution saying, each project and the numbers of hours allotted to such project shall be approved by the Town Board. TOWN BOARD-Agreed. TOWN COUNSEL, MR. SCHACHNER-Noted to add after the first resolved, that Amtek shall only perform consultant work upon authorization of the Town Board by project on an estimated hours basis. SUPERVISOR CHAMPAGNE-Recommended that this be included in the contract. RESOLUTION AUTHORIZING CARRY OVER OF VACATION TIME RESOLUTION NO.: 243,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Pam Martin of the Town Counsel's Office has requested that she be allowed to carry over two (2) vacation days past her hiring anniversary date of July 5, 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Pam Martin to carry over two (2) vacation days past her hiring anniversary date of July 5, 1997, such vacation days to be utilized prior to July 5, 1998. Duly adopted this 16th day of June, 1997 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION REJECTING BID FOR EXCAVATION AND DEBRIS REMOVAL AND NEW CONSTRUCTION OF BOCCI BALL AND SHUFFLE BOARD COURTS AT THE QUEENSBURY ACTIVITIES CENTER RESOLUTION NO.: 244,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously advertised for bids for the excavation and debris removal of two existing bocci ball courts and the construction of one new bocci ball court and one new shuffle board court at the Queensbury Activities Center, and WHEREAS, the Town of Queensbury received one bid for the project and the Town Facilities Manager has recommended that the Town reject the bid as it exceeds the budgeted amount allocated for the work, and WHEREAS, the Facilities Manager has further advised the Town Board that he will seek alternative materials and methods for the Town Building and Grounds Department to complete the excavation and debris removal and construction project "in-house," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reject the bid received for the excavation and debris removal and new construction of bocci ball and shuffle board courts project at the Queensbury Activities Center and further authorizes and directs the Facilities Manager to take whatever steps may be appropriate or necessary for the Building and Grounds Department to complete the project "in-house. " Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RETENTION OF NACE ENGINEERING TO REVISE CURRENT HIGHWAY GARAGE RE-ROOFING SPECIFICATIONS RESOLUTION NO.: 245, 1997 INTRODUCED BY : Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, by Resolution No. 364.96, the Town Board of the Town of Queensbury authorized the retention of the services of Thomas Nace of Haanen Engineering for the purposes of creating bid specifications regarding roofing upgrades to the Highway Garage Building, and WHEREAS, the Facilities Manager has advised that the existing bid specifications need to be modified to allow for a more standardized roofing system, and WHEREAS, Thomas Nace (now of Nace Engineering) has offered to perform the additional engineering services and modify the bid specifications for an amount not to exceed $1,600, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to retain the professional engineering services of Thomas Nace of Nace Engineering to modify the bid specifications regarding roofing upgrades to the Highway Garage, for a sum not to exceed $1,600, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to enter into an agreement consistent with the terms and provisions of this resolution and in a form to be approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the costs associated with this resolution shall be paid for from the Highway Garage Improvement Miscellaneous Capital Construction Account #089-5132-2899. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None COUNCILMAN GOEDERT NOTED SHE WOULD VOTE YES AS LONG AS THE COMPLETION DATE IS INCLUDED. DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT -Questioned if a completion time should be put in the order for Mr. Nace? SUPERVISOR CHAMPAGNE-Noted there is a construction schedule. SUPERINTENDENT OF BUILDING & GROUNDS, MR. RICE-Noted he has put together an engineering/construction time line. COUNCILMAN MONAHAN-Questioned if this would be part of the contract? TOWN COUNSEL, MR. SCHACHNER-The resolution states that you are authorizing entrance into an agreement consistent with the terms and provisions of this resolution and in a form that we approve. Noted the resolution by itself does not expressly incorporate that time frame, but the agreement can if you wish. COUNCILMAN GOEDERT -Recommended putting the completion date in. RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 246, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1997 budget: WATER: FROM: TO: $ AMOUNT: 40-8340-2020 (Vehicles) 40-8340-4330 (Equip. Maint.) 8,203. 40-8340-1580-02 (Meter Man O.T.) 40-8340-4330 (Equip. Maint.) 2,217. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING INCREASE IN FEE FOR ENGINEERING SERVICES IN CONNECTION WITH THE WATER TREATMENT PLANT EXPANSION PROJECT RESOLUTION NO. 247, 97 (PULLED) INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN DISCUSSION HELD: COUNCILMAN GOEDERT-Noted the resolution is to increase their engineering cost for a $110,000. Questioned who asked for assistance from O'Brien and Gere and if it was needed? COUNCILMAN PULVER-Noted most of this was done for changes of replacing and repairing the new filter. COUNCILMAN MONAHAN-Referred to the letter of December 4th, 1996 noting she questioned Mr. Flaherty and O'Brien and Gere asking what this entailed this is why the follow-up letters came and broke it down. After further discussion it was the decision of the Town Board to pull this resolution and have Mr. Flaherty explain this at the next workshop session. RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER RESOLUTION NO.: 247,1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Bay Fireworks, Inc., on behalf of Entertronics, Inc. - WCKM Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: WCKM FM! AM Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1997 TIME: 10:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, ~405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.rn., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO APPOINT LARRY RINGER TO TOWN PLANNING BOARD RESOLUTION NO. 248, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Mrs. Connie Goedert WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Planning Board pursuant to applicable New York State Law, and WHEREAS, a member of the Town of Queensbury Planning Board has recently resigned creating a vacancy, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Larry Ringer to serve as a member of the Town Planning Board, effective immediately, to fill the unexpired term of David West, said term to expire on December 31, 1997. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO APPOINT ROBERT MC NALLY TO TOWN ZONING BOARD OF APPEALS RESOLUTION NO. 249, 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 Robert P. McNally to serve as a member of the Zoning Board of Appeals, effective immediately, to fill the unexpired term of Donald O'Leary, said term to expire on December 31, 1998. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION ISSUING POSITIVE DECLARATION ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 177 TO BE ENTITLED, "ZONING - EXEMPTION FROM SITE PLAN REVIEW PROCEDURES FOR CONFORMING DEVELOPMENT IN INDUSTRIAL ZONES" WHICH CHAPTER SHALL PROVIDE AN ADMINISTRATIVE PROCESS FOR GAINING APPROVAL FOR INDUSTRIAL DEVELOPMENT RESOLUTION NO.: 250,1997 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 210, 97, set a public hearing to consider Local Law No. _, 1997 to Amend the Code of the Town of Queensbury by adding a new Chapter 177 entitled, "Zoning - Exemption From Site Plan Review Procedures for Conforming Development in Industrial Zones," which Chapter shall provide an administrative process for gaining approval for industrial development, and WHEREAS, a public hearing was duly held on June 2, 1997 to consider the Local Law and all persons interested on the subject matter were heard, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and more specifically, is the lead agency for purposes of the review of the proposed Local Law, and WHEREAS, the proposed action is being treated as a Type I action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action may have a significant effect on the environment, these effects including, but not limited to impacts on traffic, waterbodies and threatened or endangered species, and BE IT FURTHER, RESOLVED, that pursuant to SEQRA, the Positive Declaration presented at this meeting is hereby approved and the Town Clerk's Office is hereby authorized and directed to file it in accordance with the provisions of the SEQRA regulations. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, MR. SCHACHNER-Noted the step of going through the long form Environmental Assessment Form is somewhat difficult on something this abstract. Noted the proposed local law will be the subject of an Environmental Impact Statement. Noted it is not needed to go through the long form Environmental Assessment Form. The purpose of going through an Environmental Assessment Form is basically to decide whether or not to conduct an Environmental Impact Statement. SUPERVISOR CHAMPAGNE-Noted as long as they are going to do the full EIS this is insignificant and has no real value. TOWN BOARD-Agreed. TOWN COUNSEL, MR. SCHACHNER-Noted to delete the first whereas clause. Delete in the first resolved, second line of the phrase reviewing the environmental assessment form. Delete the entire second resolved clause and the next resolve, but leave the last one. RESOLUTION ACCEPTING DEDICATION OF VERANDA LANE LOCATED IN THE VISTAS ON WEST MOUNTAIN SUBDIVISION RESOLUTION NO. 251,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Harold T. Raven has offered a deed to dedicate Veranda Lane in Phase I of the Vistas on West Mountain Subdivision to the Town of Queensbury, which is more particularly described in the survey map presented at this meeting, and WHEREAS, Paul Naylor, Town Highway Superintendent, has recommended acceptance of this road, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of Veranda Lane is hereby accepted and approved contingent upon receipt of title insurance adequately insuring the Town's ownership, which shall be in a form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the $12,000 Escrow Account be properly established. BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which time said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the road be hereby added to the official inventory of Town Highways to be described as follows: Name: Veranda Lane Road Number: 514 Description: Beginning at West Mountain Road and continu- ing in a westerly direction, a distance of 1357' and .26 hundredths of a mile and ending at a dead end. Feet: 1357.26 Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Questioned that in the resolution there isn't anything setting up the account for the $12,000. Noted normally when we take something like that for an escrow account we mention it in the resolution. TOWN COUNSEL, MR. SCHACHNER-Noted that you could add a resolve clause in the resolution. Recommended adding a new second resolve saying, Be it Further Resolved, that the $12,000 Escrow Account be properly established. RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE COUNTY OF WARREN REGARDING MUNICIPAL SOLID WASTE DISPOSAL RESOLUTION NO.: 252,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by Resolution No. 121, 1997, the Warren County Board of Supervisors authorized intermunicipal agreements between Warren County and any interested Town therein for solid waste disposal and the hauling of processible and non-processible solid waste to the Adirondack Resource Recovery Facility, and WHEREAS, Warren County has prepared an agreement between the County and the Town of Queensbury for the acceptance from the Town for disposal of processible and qualified non-processible municipal solid waste, provided that the Town of Queensbury arrange for the hauling of the solid waste, and WHEREAS, Warren County has set the fees for the disposal at fifty-five dollars ($55) per ton of municipal solid waste delivered to the facility, and WHEREAS, a copy of the proposed agreement has been presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the proposed intermunicipal agreement between the Town of Queensbury and Warren County relating to municipal solid waste disposal and authorizes and directs the Town Supervisor to execute the agreement and any other documentation to effectuate the terms of the agreement. Duly adopted this 16th day of June, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None OLD BUSINESS/TOWN BOARD MATTERS COUNCILMAN PULVER-Questioned the status of the Town of Moreau water? SUPERVISOR CHAMPAGNE-Has spoken with Attorney Hafner, noting he will be putting together a draft contract, would hope to have it by next workshop. Questioned if the board would like to review contract? COUNCILMAN PULVER-Recommended having the Water Department attend meeting. COUNCILMAN GOEDERT-Noted she would like to receive the draft ahead of time. COUNCILMAN MONAHAN-Thanked Tom Flaherty and Ralph VanDusen for their help and information they gave the Town Board. COUNCILMAN PULVER-Seconded that motion. SUPERVISOR CHAMPAGNE-Questioned the status of Sweet Road? COUNCILMAN GOEDERT -Noted there is a Highway Committee Meeting scheduled for Thursday, at 10:00 a.rn. in reference to Sweet Road. Also noted there will be other topics discussed at this meeting. COUNCILMAN MONAHAN-Spoke to the board regarding the time frame of the contract documents of the re-roofing of the Highway Garage? SUPERINTENDENT OF BUILDING AND GROUNDS, CHUCK RICE-Noted he will have the body of the contract drafted for review with Town Counsel before he sits down with the contractor. COUNCILMAN MONAHAN-Noted this should be done before the work is awarded. The specimen contract should be in the bid specifications when they go out. SUPERINTENDENT OF BUILDING AND GROUNDS, MR. RICE-Noted that it's already in the original bid documents that went out the first time and it will still be in the bid documents this time. COUNCILMAN MONAHAN-Noted that it may be an unrealistic time schedule. SUPERINTENDENT OF BUILDING & GROUNDS, MR. RICE-Noted it is a time line that he will try his best to follow. COUNCILMAN MONAHAN-Spoke to the board regarding the reconstruction of Route 9, noting the merchants are concerned and would like to see some pro-action by the Town Board, Warren County Supervisors and Lou Tessier. They are concerned about the service road behind which includes the State and County and the lighting system. Noted the businessmen are looking for a meeting with the Town Board and the Board of Supervisors and Lou Tessier to find out what is needed. SUPERVISOR CHAMPAGNE-Noted there is a meeting scheduled for Tuesday at 10:30 a.m. in the Supervisor's Conference Room. COUNCILMAN MONAHAN-Noted they are looking for a meeting in addition to the one that is scheduled. EXECUTIVE DIRECTOR, MR. GORALSKI-Noted he has just received the draft of the Million Dollar Half Mile Study that breaks it down into two phases. Phase I is the short term work that New York State DOT will be undertaking. Phase II is the long term plan which is the loop road and the Warren County Tourism Center etc. Noted if it is the wish of the Town Board, County Board to move up the Phase II time table, that is something that can be done. OPEN FORUM MR. SALVADOR-Spoke to the board regarding the proposed local law concerning Parking on Dunham's Bay Road. Questioned if the local law has been drafted? SUPERVISOR CHAMPAGNE-The local law has been drafted. MR. SALVADOR-Questioned if there is a plan associated with the law? SUPERVISOR CHAMPAGNE-Noted the plan is to resurface the existing road. All of the parking areas that are there now will no longer be there. There will be No Parking on the road and signs put up on the one side. MR. SALVADOR-Noted there are only three abutting property owners to this road the fourth one being the NYS DOT. Questioned if DOT will be put on notice? COUNCILMAN PULVER-Noted she is sure all involved agencies will be notified. MR. SALVADOR-Hopes the improvements will be such that the ban on two-way traffic can be lifted. SUPERVISOR CHAMPAGNE-Doesn't expect this will happen. MR. SALVADOR-Spoke to the board regarding the increase in fees for engineering services for the Water Plant Expansion. Questioned if the contract with the engineers for the project itself cover the procedure to be followed in the event extras are incurred, also questioned if each extra includes its fee? SUPERVISOR CHAMPAGNE-Noted he would have to go back to the minutes to confirm it. MR. SALVADOR-Questioned who will prepare the Environmental Impact Statement regarding the Positive Declaration for Industrial Development? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted the Community Development Department in conjunction with Miller, Mannix, and Pratt will prepare it, possibly Rist Frost if necessary. MR. SALVADOR-Questioned if Warren County is going to include hookup costs in the sewer project for North Queensbury? SUPERVISOR CHAMPAGNE-Not to his knowledge. MR. SALVADOR-Questioned where the three million dollars came from? SUPERVISOR CHAMPAGNE-Noted there has been an inflation cost since the project was first engineered. Secondly some of the engineering work that was done hasn't passed through O'Brien and Gere and now we are looking for alternatives that will be more costly to put in place. MR. SALVADOR-Spoke to the board regarding supplying town water to the Jenkinsville Road area, noted there should be money in the landfill closure budget to do this. COUNCILMAN MONAHAN-Noted this was only a proposal that Mike Brandt put forth and it never had any substance to it. All the tests that the Department of Health did, there is no contamination in any well that she is aware of in that area. ROBERT EDWARDS, HOLDEN AVENUE-Spoke to the board noting his concern regarding the condition of his street. Questioned if Holden Avenue is scheduled to be repaved? COUNCILMAN PULVER-Noted that could be something that Councilman Goedert could discuss at the Highway Committee Meeting. PLINEY TUCKER, QUEENSBURY-Spoke to the board regarding the Local Law, Industrial Parks. Questioned how this would affect Carey Road Industrial Park? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted it is a subdivision in a light industrial zone, it will be included and looked at as part of the Environmental Impact Statement. If the local law is passed as written now, if anyone wanted to come in, develop a site along Carey Road there would be an extensive list of criteria that they would have to meet. If they met all of the things in that criteria they would get an administrative approval similar to a building permit, they wouldn't have to go to the Planning Board for site plan review. MR. TUCKER-Questioned the status of the landfill closure? SUPERVISOR CHAMPAGNE-Noted it should be soon. MR. TUCKER-Questioned if Malcom Pirnie, contractor for the landfill if their time is going on continually? COUNCILMAN MONAHAN-That is part of the contract. They have to certify that this is complete and up to the standards of the contract. MR. TUCKER-Questioned if additional charges are incurring? TOWN BOARD-No. SUPERVISOR CHAMPAGNE-Noted they are waiting for the warranty to expire. MR. JOHN STROUGH-Thanked Supervisor Champagne for coming to school to talk to his classes. Questioned the status of Aviation Road? COUNCILMAN GOEDERT -Noted she hasn't seen any confirm set of plans from Mr. Scudder the engineer that was hired to do the job. MR. STROUGH-Noted his concern for the need of a pedestrian, bicycle path to be incorporated in the project. Questioned if it was agreed with the State to have some sort of bicycle, pedestrian path? COUNCILMAN GOEDERT-There was an Ice Tea Grant that was being seeked, noted it was not granted. They are discussing with the school when they get their project done that maybe the bike path could go into their campus area. MR. STROUGH-Questioned if a meeting could be set up to outline a Comprehensive Plan? COUNCILMAN GOEDERT-Noted they are not at that stage yet. COUNCILMAN PULVER-Recommended that he speak with the Recreation Commission regarding his proposal for a bike path. DENNIS BROWER, QUEENSBURY-Congratulated the board on the successful sale of water to the Town of Moreau. Questioned if the money for the buy-in is going to be used to retire debt immediately? SUPERVISOR CHAMP AGNE- The money will be used to off set the cost of what the town has to do on our side in order to get the water to the middle of the river. The board has agreed to take the water to the center of the river at which point Moreau would tie into it there. MR. BROWER-What are the projections regarding the plant, could you supply the City of Glens Falls? SUPERVISOR CHAMPAGNE-At this point in time with Hudson Falls coming on and Moreau it is doubtful. Noted the plant is module, could always add another module. Tom Flaherty has indicated that we could go thirty million gallons a day. COUNCILMAN MONAHAN-Noted if they were to help Glens Falls permanently, it would be another module that would have to go to the plant. Whoever needs the water would be responsible. MR. BROWER-Questioned when they projected the size of the plant did they project that Glens Falls would buy into the plant? COUNCILMAN PULVER-No. COUNCILMAN MONAHAN-We didn't project anyone buying into that plant. MR. BROWER-Questioned if Kingsbury was a new customer? COUNCILMAN MONAHAN-They have been a customer. COUNCILMAN PULVER-Noted all the money will stay with the Water Department because they are a special district. Anything that isn't spent to collect with the City of Moreau will go into their surplus which will eventually reduce their budget which reduces the debt. HIGHWAY SUPERINTENDENT, P AUL NAYLOR-Spoke to the board regarding a request from Tom Jarrett to use the backhoe to dig test holes regarding the sewer project in Cleverdale. After further discussion it was the decision of the Town Board to wait for further information regarding this matter. OPEN FORM CLOSED 8:35 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 253, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and moves into Executive Session to discuss Cole's Woods and a grievance issue. Duly adopted this 16th day of June, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 254, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 16th day of June, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None No further action taken. On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury