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1997-08-05 REGULAR TOWN BOARD MEETING AUGUST 5, 1997 7:00 P.M. MTG#38 RES#294-306 B.H. 18-20 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS JOHN GORALSKI, EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT HENRY HESS, CONTROLLER P AUL NAYLOR, HIGHWAY SUPERINTENDENT DAVE HATIN, DIRECTOR OF BUILDING & CODES PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 294, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 4th day of August, 1997, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING - SANIT ARY SEWAGE DISPOSAL VARIANCE JOHN P. FLOWER, JR. OPENED 7:02 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Do you want to just describe for us David what the intent here is. DAVE HATIN, DIRECTOR OF BUILDING & CODES-There are three variances if! recall. Mr. Flower is proposing to replace an antiquated septic system for two cabins which are in Lot B with a new system that would be conforming to the regulations. He is also asking for a variance from the well on that property to a neighbors septic system which is a newly installed well that was put in last summer. By putting in this new system or banning the old system we will meet the setback distances to the well that is put on his brothers property to the south. We're asking for a variance for that as well, a variance from the property line for the effluent line that will go up to the new system. SUPERVISOR CHAMPAGNE-Anything more to add to that David? MR. HATIN, DIRECTOR OF BUILDING & CODES-No unless the board has any questions. JOHN GORALSKI, EXECUTIVE DIRECTOR-Dave, I want to make sure we're clear on something. You said three it is really four. There are two wells one is seventy-five, one is eighty, the two property line issues and the two well issues, there is a total of four. SUPERVISOR CHAMPAGNE-Is there anyone here to speak against this variance? Any questions from the board? COUNCILMAN MONAHAN-Jack you own everything on Lot B, right? MR. FLOWER-Yes. COUNCILMAN MONAHAN-Who owns the next one over? MR. FLOWER-Lot C? COUNCILMAN MONAHAN-Yeah. There are three cabins on Lot C have all those been sold? MR. FLOWER-Yes. COUNCILMAN MONAHAN-Those are the three people? We've got sign-offs from two of them. MR. FLOWER-One was my tenant and one was the owner of the lot. COUNCILMAN MONAHAN-So you really own one of those three then, right? MR. FLOWER-No. Those three on Lot C, no I don't own any of those now I sold all three of those. COUNCILMAN MONAHAN-I'm trying to find out where David Brennan lives. MR. FLOWER-He is in Lot C he is the house that's up near the road. COUNCILMAN MONAHAN-Okay, then this is Brennan. Who lives in the two down by the lake? MR. FLOWER-Only one of those is rented right now. COUNCILMAN MONAHAN-Okay, so you still own those? MR. FLOWER-Yes. COUNCILMAN MONAHAN-Alright. Now, I'm not talking about on Lot B I'm talking on Lot C. MR. FLOWER-Lot C, I don't know who lives in those, those are David's. COUNCILMAN MONAHAN-Okay, I see he bought the three that's why he has the three numbers here. Where does.. Jive, Gary....? MR. FLOWER-They're in the northern cabin on Lot B. COUNCILMAN MONAHAN-They are a tenant, okay. SUPERVISOR CHAMPAGNE-Any other questions from the board? COUNCILMAN GOEDERT-Dave, what is the recommendation of your department? MR. HA TIN, DIRECTOR OF BUILDING & CODES-This basically improves the whole situation on Lot B. The new well that is on Lot A now will meet the setbacks which didn't previously. This actually improves the distance to two wells for Lot A and B. It doesn't really affect Lot C it will affect Lot B more than anybody because their well is actually closer to Lot C but, it is an improvement overall. It does get the two septic systems away from the lake and Lot C, I'm sure at sometime will upgrade as well. SUPERVISOR CHAMPAGNE-Any other questions from the board? We had some new folks walk in the public hearing is open for the Disposal Variance for Sanitary Sewage for the Flower property. Anyone else from the audience have anything to add to that questions, concerns, back to the board? Guess not. What's your pleasure? COUNCILMAN MONAHAN-I'll move to approve this. COUNCILMAN TURNER-Second. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR JOHN F. FLOWER, JR. RESOLUTION NO.: 18,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. John F. Flower, Jr., previously filed a request for four (4) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 150' separation between the seepage pit and a well or suction line, a 10' separation between the effluent line and property line, and a 10' separation between the absorption field and 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 four (4) variance requests on August 4, 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 variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that 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 variances to John F. Flower, Jr., allowing 75' and 80' distances between the existing septic system and well in lieu of the required 150' distance, a 3' distance between the absorption field and property line rather than the required 10', and a 3' distance between the effluent line and property line rather than the required 10' distance, on property situated at 32 and 34 Sunnyside North, Town of Queensbury, New York, and bearing Tax Map No. 's: 49-2-30 and 49-2-31. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING CLOSED RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR MIKE DORAN AND PEGGY WARD RESOLUTION NO.: 19,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert 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, Mike Doran and Peggy Ward have 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. Septic Tank! Holding Tank " 10' Septic Tank! Holding Tank " 10' , and WHEREAS, Mike Doran and Peggy Ward have indicated a desire to place a holding tank system rather than a septic system on the property, and NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 18, 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 Mike Doran and Peggy Ward to place a septic tank/holding tank 2' from the dwelling on the property rather than placing it at the mandated 10' distance, to place a septic tank/holding tank 2'4" and 1'4" from the property line rather than the required 10', and to place a holding tank system rather than a septic system on property situated on Rockhurst Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 15, Block 1, Lot 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 4th day of August, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 20, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 4th day of August, 1997, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None AbsentNone RESOLUTIONS RESOLUTION ACCEPTING DEDICATION OF BERRY DRIVE AND FIELD VIEW SOUTH LOCATED IN THE BAYBERRY MEADOWS SUBDIVISION RESOLUTION NO. 295 (MOTION WITHDRAWN) INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver DISCUSSION HELD COUNCILMAN GOEDERT -Noted the letter of acceptance states contingent upon the agreement that the remaining fine grading and seeding of the right-of-way asked that this be attached to the resolution to be done by the third week in August. TOWN COUNSEL MR. SCHACHNER-Yes. COUNCILMAN MONAHAN-Questioned if the concerns from Attorney Hafner have been taken care of? TOWN COUNSEL, MR. SCHACHNER-Received a fax from Attorney O'Connor's office at 4:42 p.m. today with a new proposed Deed, a Title Certificate noting he has not had a chance to review them yet. AL CERRONE-Noted he hand delivered to Attorney Schachner's Office today the new proposed today at 4:00 p.m. SUPERVISOR CHAMPAGNE-Questioned if they went for the contingency final approval would only be after the contingency is met? TOWN COUNSEL, MR. SCHACHNER-Correct. COUNCILMAN GOEDERT -Noted they are still lacking paperwork for the approval. SUPERVISOR CHAMPAGNE-Questioned if they have the documents by next Monday would the board want to act on it at the workshop? TOWN BOARD-Agreed. MR. CERRONE-Noted he could not apply for any building permits until such time. EXECUTIVE DIRECTOR, MR. GORALSKI -Correct. RESOLUTION ACCEPTING DEDICATION OF HYDE COURT LOCATED IN THE HUDSON POINTE P.UD. RESOLUTION NO. 295, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Hudson Pointe, Inc., has offered a deed to dedicate Hyde Court located in the Hudson Pointe P.UD. to the Town of Queensbury, which is more particularly described in the survey map presented at this meeting, 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 Hyde Court is hereby accepted and approved contingent upon the receipt of written approval of Paul Naylor, Town Highway Superintendent, that such road meets his requirements, and 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: Hyde Court Road Number: 515 Description: Beginning at Hudson Pointe Blvd and continuing in a westerly direction, a distance of 825' and .16 hundredths of a mile and ending at cul-de-sac Feet: 825 Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AMENDING 1997 BUDGET RESOLUTION NO.: 296, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has been awarded a $ 6,000 Records Management Improvement Fund Grant from New York State for a microfilm project, and WHEREAS, the Town of Queensbury desires to set appropriations for the expenditures of such grant, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes and directs that the 1997 Budget be amended as follows: 1. Increase Estimated Revenues in the Records Management Grant Account #001-001-3060 in the amount of $6,000; and 2. Increase Appropriations in the 1997 Budget Records Management - Miscellaneous Equipment Account #001-1460-2001 in the amount of $6,000; and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION FORWARDING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR NAOMI POLITO TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 297, 97 INTRODUCED BY: Mrs. Connie Godert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Naomi Polito has applied to the Town Board of the Town of Queensbury for a Transient Merchant and/or a Transient Merchant Market License, and WHEREAS, the Town Board of the Town of Queensbury is desirous offorwarding said application to the Town of Queensbury Planning Board for recommendation and site plan review as is required by Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, following such recommendation, the Town Board of the Town of Queensbury will then review the application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application for a Transient Merchant/Transient Merchant Market License be submitted to the Planning Board for the Town of Queensbury for report and recommendation: NAOMI POLITO - Location of Market: 1652 State Route 9, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be lead agency for the SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPROVING PURCHASE OF CEMETERY LOT FROM LEROY A. AND EUNICE M. BALL RESOLUTION NO.: 298,97 INTRODUCED BY : Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot (Lot #92A) in the Pine View Cemetery to LeRoy A. and Eunice M. Ball, and WHEREAS, LeRoy A. and Eunice M. Ball desire to sell the cemetery lot back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends the purchase of the cemetery lot and is now requesting approval from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it approves of the Cemetery Commission's purchase of Lot No. 92A from LeRoy A. and Eunice M. Ball for the sum of $466.67, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Cemetery Superintendent to arrange for payment of the amount of $466.67 to LeRoy A. and Eunice M. Ball and proper accounting in the books and records of the Town of Queensbury as may be necessary or appropriate. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING OVERTIME PAY TO HIGHWAY DEPARTMENT SECRETARY RESOLUTION NO.: 299,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Highway Superintendent has requested that the Town Board of the Town of Queensbury consider payment of overtime to the Highway Department Secretary, and WHEREAS, the Town Board of the Town of Queensbury has considered the issue and agrees that the Town should pay overtime to the Highway Department Secretary for any hours worked over and above 40 hours per week, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs payment of overtime to the Highway Department Secretary for any hours she works over and above 40 hours per week and authorizes the Town Comptroller's Office to make such payments. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING CLOSING OF CAPITAL PROJECT FUND #106 AND TRANSFERRING THE BALANCE TO THE SWEET ROAD CAPITAL PROJECT FUND #109 RESOLUTION NO. 300, 97 (PULLED) INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner DISCUSSION HELD COUNCILMAN GOEDERT-Noted at the Highway Committee Meeting the transfer of funds out of the Aviation Road Project to the Sweet Road Project to make up a sum that was needed to do Sweet Road completely it wasn't to close out the whole capital project because the whole capital project Phase I on Aviation Road is not completed at this time, missing sidewalks that are part of the capital project in front of the Our Lady of Annunciation, doesn't think that they need the whole amount with the other funds that were put in. There is confusion as to the amounts and where the money for Sweet Road is coming from. After further discussion it was the decision of the Town Board to pull the resolution. RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO. 300, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver 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: TO ACCOUNTS: FROM: Contingency-Payroll (Fund-1990-1002) Fund Account Item Previous New Amt. Adj. Amt. Fund Total 1 1110 1062 27,230. 28,047. 817. 1 1110 1212 45,1l4. 46,468. 1,354. 1 1220 1050 26,523. 27,319. 796. 1 1315 1090 22,001. 22,661. 660. 1 1315 1100 23,832. 24,547. 715. 1 1315 1180 31,255. 32,193. 938. 1 1330 1130 22,145. 22,809. 664. 1 1355 1078 22,894. 23,581. 687. 1 1355 1160 48,233. 49,680. 1,447. 1 1355 1170 20,721. 21,343. 622. 1 1410 1200 50,393. 52,572. 2,179. 1 1420 1890 44,290. 46,020. 1,730. 1 1460 1061 22,619. 23,298. 679. 1 1620 1221 35,000. 36,050. 1,050. 1 1620 1860 22,660. 23,455. 795. 1 3410 1630 29,569. 30,456. 887. 1 3620 1372 48,431. 50,870. 2,439. 1 3620 1820 38,298. 39,447. 1,149. 1 5010 1300 41,655. 42,905. 1,250. 1 5010 1320 22,566. 23,243. 677. TO ACCOUNTS: FROM: Contingency-Payroll (Fund-1990-1002) Fund Account Item Previous New Amt. Adj. Amt. Fund Total 1 7020 1330 38, 1l0. 39,885. 1,775. 1 7020 1360 23,170. 24,560. 1,390. 1 8020 1610 50,280. 52,720. 2,440. 27,140. 32 8110 1810 37,705. 38,836. 1,131. 1,131. 910 8160 1600 37,750. 38,320. 320. 320. TO ACCOUNT: FROM: Fund 40-1990-1002 Fund Account Item Previous New Amt. Adj. Amt. Fund Total 40 8310 1490 54,075. 55,697. 1,622. 40 8310 1500 51,327. 52,867. 1,540. 40 8330 1540 40,350. 41,561. 1,211. 40 8340 1550 34,813. 35,857. 1,044. 5,417. TO ACCOUNT: FROM: Fund 02-1990-1002 ($1,300) Fund 02-8810-1800-002- 001l ($ 363) Fund Account Item Previous New Amt. Adj. Amt. Fund Total 2 8810 1380 33,207. 34,870. 1,663. 1,663. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND #105 AND TRANSFER OF BALANCE TO QUAKER ROAD SEWER FUND #32 RESOLUTION NO.: 301,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town's Deputy Director of Wastewater has expended all necessary funds for purchase of a vehicle from Capital Project Fund #105 and therefore has advised the Town Board that the Town can now close Capital Project Fund #105, and WHEREAS, the Town Comptroller's Office concurs that the Town can close Fund #105 and transfer all remaining funds back to Quaker Road Sewer Fund #32, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Comptroller's Office to close Capital Project Fund #105, transfer the remaining fund balance in the approximate amount of $700 back to the Quaker Road Sewer Fund #32 and make all necessary budget transfers and adjustments. Duly adopted this 4th day of August, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO. 302, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR 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: FIRE PROTECTION: FROM: TO: $ AMOUNT: 05-3410-4415 (Fire Contracts) 05-9040-8040-4981 (EMS-Worker's Compensation) 2,000. TOWN BOARD: FROM: TO: $ AMOUNT: 01-1950-4400 (Property Taxes) 01-1920-4400 (Municipal Assoc. Dues) 50. WASTEWATERlDEPT. SERVICE: FROM: TO: $ AMOUNT: 32-9710-7010 (Serial Bond Interest) 32-8110-4003 (Fiscal Agent Fee) 3,434. 32-9710-7010 (Serial Bond Int.) 32-8110-4830 (Legal Fees) 594. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR FRANK PARILLO RESOLUTION NO. 303, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~1l3-12 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, Frank Parillo has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit, in accordance with said ~1l3-12 of the Code of the Town of Queensbury, to replace a mobile home with an updated trailer unit at property situated at 472 Big Bay Road, 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 August 18, 1997 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Frank Parillo for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 472 Big Bay 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 ten (10) days prior to said hearing. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 304, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Alonzo Fireworks Display, Inc., on behalf of CAE ScreenPlates, Inc. (Pacesetter Organization for the Tri-County United Way 1997-98 campaign) has requested permission to conduct a fireworks display as follows: SPONSOR: CAE ScreenPlates, Inc. PLACE: Empty Field on Veteran's Road, Queensbury DATE: Saturday, August 16, 1997 TIME: Approximately 10:00 p.m. 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 actually to be in charge of the firing of the display. names of the persons 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 actual discharging of the fireworks. persons who are to do the 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 adequate insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 4th day of August, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None ATTORNEY MATTERS TOWN COUNSEL, MR. SCHACHNER-Noted he has one litigation matter for Executive Session. OPEN FORUM LOU STONE, QUEENSBURY-Ask the board to define the difference between a Town Board MeetinglW orkshop. SUPERVISOR CHAMPAGNE-Noted they make every effort not to do resolutions, resolutions are void at a typical Workshop. They work through problems bring in outside consultants, bring in those people that have any interest in Town affairs to speak directly to the board. They dedicate and devote time to get work done during workshops, noting it is very rare and a unusual experience to have resolutions acted upon at Workshops. COUNCILMAN GOEDERT-Believes to be only five resolutions in the past year passed at a Workshop. COUNCILMAN PULVER-Noted the workshops start at four thirty. One of the reasons is because it is a Workshop they do alot of discussions. Alot of the staff at the Town Hall are required to come and give information rather than bring them back at seven o'clock we ask them to come at four thirty and try to get that information from them then so they can go home at a reasonable time. If there is a resolution passed at a Workshop there are minutes available. The resolution is in those minutes and any discussion that made concerning that resolution is on those minutes. JOHN SALVADOR-Submitted letter to Town Board regarding the rehabilitation of Dunhams Bay Road. Spoke to the board regarding his concern of who is administering the project? COUNCILMAN PULVER-Highway Superintendent. MR. SALVADOR-Questioned if the Highway Superintendent was given a budget for this work? COUNCILMAN GOEDERT -He has a paving budget. SUPERVISOR CHAMPAGNE-Do not have a budget the engineers are still working on what needs to be done. Until such time that information is gathered and in he has a responsibility to do that within his budget his budget for road work. As long as it stays within road work it is out of his budget, doesn't believe the Town Board has jurisdiction over what he spends to do road work. MR. SALVADOR-Questioned if monies have been allocated in this years budget and budgeted as a line item for this road? HIGHWAY SUPERINTENDENT, MR. NAYLOR-It has been taken off and put back on. MR. SALVADOR-Spoke to the board regarding Mr. Nace proposal regarding the design and detail drainage features to intersect hillside drainage between Dunhams Bay Road and Route 9L and to collect surface runoff which outlets from 9L on to Dunham's Bay Road at the western intersection to the extent that you are going to be collecting the runoff from the State Road. Reminded the board that the Lake George Park Commission has entered into a Memorandum of Agreement with the New York State DOT. Questioned if the parameters are going to be incorporated if so is the Town going to pay for it? SUPERVISOR CHAMPAGNE-Yet to be seen. MR. SALVADOR-Spoke to the board regarding the improvement of the western intersection noted the eastern most intersection is in worse shape. COUNCILMAN GOEDERT -Noted they haven't seen anything as to what is going to be done to Dunhams Bay Road. MR. SALVADOR-Questioned if the neighbors who abut the road would have input on this? COUNCILMAN PULVER-Need to see what is going to be done first. If a public hearing is required they will have one. SUPERVISOR CHAMPAGNE-To do road work, doesn't require a public hearing, will wait to see what the plans are that come back from Mr. Nace and will go from there. MR. SALVADOR-Spoke to the board regarding the Lake George Park Commission decals and their regulations. Noted the regulations apply to the Town Vessel Regulations Zone in north Queensbury these are to be mounted on personal watercraft, noting this is the kind of regulation that harasses people. Spoke to the Board noted there is a meeting on August 13th, dealing with the Warren County Sewer Project. Questioned what the Town is prepared to tell the people? SUPERVISOR CHAMPAGNE-It's whatever the engineers come in with. EXECUTIVE DIRECTOR, MR. GORALSKI-Noted the meeting that is scheduled is a meeting being held by the Community Development Department to fill in the residents of North Queensbury many of whom are seasonal residents and are not here during certain times of the year when informational meetings take place. The meeting is going to encompass an update on the Comprehensive Land Use Plan, update on Lake George Stormwater Management Plan and an update on the North Queensbury Sewer Project. MR. SALVADOR-Noted August 7th, at the Pilot Knob Firehouse at seven o'clock the Lake George Park Commission will be holding a meeting. Questioned if the Town plans to participate in the meeting? SUPERVISOR CHAMPAGNE-No. MR. SALVADOR-Spoke to the board regarding Curtis Lumber's study of the Blue Lupine in the Town, questioned the purpose of the study. EXECUTIVE DIRECTOR, MR. GORALSKI-The purpose of the study is to delineate areas of habitat within the Town. PLINEY TUCKER, QUEENSBURY-Questioned what happened at the Special Meeting that was held last week. COUNCILMAN GOEDERT-Noted there was no public interest, directed them to go on with the GElS for the Industrial Sites. MR. TUCKER-Spoke to the board regarding a merchant selling furniture on the Corinth Road. EXECUTIVE DIRECTOR, MR. GORALSKI-Noted the gentlemen went to the County Clerk's Office and obtain a Veterans Permit which exempts him. MR. TUCKER-Asked Mr. Goralski to look into whether this gentlemen paid sales tax. Questioned if the person is legal allowing him to sell furniture from that site? EXECUTIVE DIRECTOR, MR. GORALSKI-The owner of the property is the one who obtained the Veterans License which exempts them from the law. TIM BREWER-Spoke to the board regarding merchant selling furniture, questioned the board if there is something that can be done? SUPERVISOR CHAMPAGNE-Noted that is the Federal State Statue Law. TOWN COUNSEL, MR. SCHACNER-At the Town level there is not much that can be done. If the Town Board wanted you could make inquiry of the Warren County Clerk's Office as to what safeguards they take in making sure those licenses are issued properly. GEORGE DRELLOS, 27 FOX HOLLOW LANE, QUEENSBURY-Asked the status of the Tower Regulations? EXECUTIVE DIRECTOR, MR. GORALSKI-Noted he has plenty of information. SUPERVISOR CHAMPAGNE-Should bring recommendations to the board. EXECUTIVE DIRECTOR, MR. GORALSKI -Questioned if he should draft a law and bring it to the board. SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN GOEDERT-Requested that Mr. Goralski get a copy of Moreau's law regarding towers. Councilman Goedert updated Mr. Drellos on the fees for Mobile Homes noted it shouldn't be too much longer before they have an answer. OPEN FORUM CLOSED 8: 15 P.M. DISCUSSION HELD EXECUTIVE DIRECTOR, MR. GORALSKI -Spoke to the board regarding the CVS Plaza, Bay and Quaker Roads. The Attorney for the developer is putting together title information, deed information, in preparation of transferring approximately seventy eight feet to the west of the existing Wing Cemetery to the Town to add onto the Wing Cemetery and that's where the remains have been found and will be reinterred. As soon as the documents are ready would like to bring it to the board. After further discussion it was the decision of the Town Board to do this at Regular Town Board Meeting. COUNCILMAN GOEDERT-Questioned if there has been any headway of the usage of Hannaford's entrance. Mr. Goralski several letters have been written, no response. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 305, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one Article 78 litigation matter. Duly adopted this 4th day of August, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR TOWN BOARD MEETING RESOLUTION NO. 306, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby 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 Meeting. Duly adopted this 4th day of August, 1997, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, 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