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1997-10-20 REGULAR TOWN BOARD MEETING OCTOBER 20, 1997 7:00 p.m. MTG.#48 RES. 388-405 BOH 32-34 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT TOWN BOARD MEMBERS ABSENT COUNCILMAN CAROL PULVER TOWN OFFICIALS JOHN GORALSKI-DIRECTOR OF COMMUNITY DEVELOPMENT HENRY HESS-CONTROLLER SUPERVISOR CHAMPAGNE-OPENED THE MEETING PLEDGE OF ALLEGIANCE PUBLIC HEARINGS PUBLIC HEARING-APPLICATION FOR PLACEMENT OF MOBILE HOME AT 373 PINELLO ROAD-JAMES HITCHCOCK NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened Hearing-Is there anyone here to discuss the mobile home for Mr. precisely, sure would you take the mic please and introduce yourself? MARION MARCY-Goodevening, my name is Marion Marcy, I live at 12 Brookwood Drive, I am a real- estate broker and partner in Re/max Peak Performers and I have been representing the Hitchcock's for approximately a year and a half in the selling of the property on Pinello Road. I took the liberty of going out and taking a lot of photos of the road and so on. We have tried all kinds of things to get the property sold and because of the nature of the street have been extremely unsuccessful. Mr. Hitchcock and his wife have built a hugh two story garage on the property. There is a septic system there already, electricity to the property, at one time there was a mobile home on the land and Mrs. Hitchcock lived there that was her primary residence. When she passed away it was an older mobile home so they took it off the property. The entire street with the exception of two homes on the street is mobile homes, so therefore the chances of someone building a home there is fairly slirn. As I have said there are all mobile homes or there are mobile homes that possibly have a porch added to it, possibly a room added to it that kind of thing. But, we are just running into all kinds of problems, Mr. Hitchcock, and he has told me to go ahead and talk about it, is gravely ill, and his income is down to pretty much nothing right now and he is having a hard time just paying the taxes on the property. So, I marketed it extensively and have no success what so ever. So, we are asking that we be allowed to place a mobile home there. We realize and I realize that normally that would be the buyer that would come to you and ask for permission to do so, however in marketing the property if we just even had some kind of criteria we are willing to ask you, you know even mention something about well, you cannot put one that is any older than a certain age or something along those lines or it must meet such and such. We did provide you with some plans of a couple of different ways that a mobile home could be placed on the property. Mr. Hitchcock at one time was going to put a modular there but with his ill health and everything was not able to do that and putting modular homes up today can be very costly too. I just do not see anyone investing in a stick built or modular home on this street. COUNCILMAN MONAHAN-Marion, when was the mobile home removed? MARION MARCY-When was it Jim? MR. HITCHCOCK-1991 MARION MARCY-I would also ask you due to Mr. Hitchcock illness he also has trouble hearing so if he does not respond to you right away, that would be why. COUNCILMAN MONAHAN-And he himself does not want to live in this mobile home. MARION MARCY-No, they live up north and they inherited the property. COUNCILMAN GOEDERT-There is only one house on this street, correct MARION MARCY-Two houses, there is a home that appears to be a modular and then there is a two story home without a garage. COUNCILMAN GOEDERT-And all the rest of the residents are mobile homes. MARION MARCY-I did take photos, if you want (passed out photos) COUNCILMAN MONAHAN-Mark we never had a case like this that I can remember when it hasn't been an actual, we have John JOHN GORALSKI-DIRECTOR-No, we haven't I am agreeing with you. COUNCILMAN MONAHAN-Where there is an actual, you know, giving permission for something, an act that is going to happen in the future. COUNSEL SCHACHNER-There haven't been any that I am aware of either. COUNCILMAN MONAHAN-I am not sure if we are permitted to do that? COUNSEL SCHACHNER-I do not think that there is anything in the code that would expressly state that it has to be any particular home or done within thirty days of anything like that I agree with you that I do not recall in a couple of years I do not recall any similar situation. We can check the code real quick but I do not recall a provision that requires this. COUNCILMAN MONAHAN-Would you to check to see whether or not we can even do this? SUPERVISOR CHAMPAGNE-In otherwords we're actually permitting something that is really not. COUNCILMAN MONAHAN-Has not been requested yet. COUNSEL SCHACHNER -You are authorizing placement of a mobile home, pursuant to somebody's request to place a mobile home. What we are hearing is that they do not have the specific mobile home and it may not be the same, it may be somebody else that does it as a tenant or what ever but I do not see anything real quick in the code that says that you cannot do it this way. SUPERVISOR CHAMPAGNE-I am familiar with the street obviously its pretty much a mobile home area. COUNCIMLAN GOEDERT-It is what used to be Grooms Trailer Park correct? COUNCILMAN MONAHAN-I am wondering if we should have that as part of the overlay for mobile homes that are not in a park. We do have overlay zones we have homes that are not in a park and maybe that whole street should, something like that should go and then if that seems to be the way that street itself is going. We did that so people could buy a lot and automatically place a mobile home someplace in town. MARION MARCY-There are a lot of people who cannot afford a home and this is the only way they can. COUNCILMAN GOEDERT-I am familiar with the street and this really is accurate in her photos as to what is on, except you are missing a modular home. MARION MARCY-I think the photo is there of the modular, it is yellow one, it is a two story home I took for an angle you can see that in one of the photos to but the modular is there too. COUNCILMAN MONAHAN-If you take a fairly new mobile home and have it skirted and got the right siding on it there is not that much difference between the looks of a mobile home or a modular home. SUPERVISOR CHAMPAGNE-Is there anyone here this evening to speak against this application for a mobile home on Pinello Road, anyone here to speak against it? COUNCILMAN MONAHAN-What is the size of the lot? MARION MARCY-100x200 I believe. COUNCILMAN GOEDERT-Are your plans to put a mobile home on this and then sell it or just sell it as a possible MARION MARCY-Just to be able to market it SUPERVISOR CHAMPAGNE-As a mobile home site. MARION MARCY-Yes. COUNCILMAN MONAHAN-100X200 you would have room for a double, all the set backs and everything. MARION MARCY-Absolutely and there are drawings that Mr. Hitchcock, I believe. COUNSEL SCHACHNER-The code does not seem to indicate that there is a problem with going at it this way. COUNCILMAN MONAHAN-If we did this I would suggest that we put a time limit on how good, how long this permit would be good for and then somebody when they sold it for a mobile home could come in and go through the regular process. SUPERVISOR CHAMPAGNE-Wait a minute, Betty what are you saying ...give the permit a time? COUNCILMAN MONAHAN-Yea, like authorize it for a year and somebody comes in and buys it within a year wants to put a mobile home they come in and go through the regular process. I mean five years from now we do not know what the character of the area might be I still think that maybe John we should look at that area for a mobile home overlay zone if it makes sense out in that area. That would solve the problem forever. SUPERVISOR CHAMPAGNE-You have to come in for a permit anyway but just a building permit, site JOHN GORALSKI-DIRECTOR-They would just get a building permit if they got the license from you and then if they also received the use variance. MARION MARCY-There is a combination of mostly older mobile homes but there is also a few of them there that are fairly new. Like I said there are additions put on some of them that you could see part of the mobile home showing and so on. COUNCILMAN MONAHAN-With the mobile home overlay, correct me John if! am wrong, but with the mobile home overlay zone they would not need a use variance. JOHN GORALSKI-DIRECTOR-Or a license from the board. COUNCILMAN MONAHAN-I would think I would like to see it for a year see how well it sells and in the mean time ask John's department to look into a mobile home overlay zone in that area. MARION MARCY-That is a great idea. SUPERVISOR CHAMPAGNE-Is the year going to be fair? MARION MARCY-Very honestly with the amount of money that they have got involved in it we are asking 29,900 for it because of the extensive size to the garage itself, I would prefer that you give me a little bit longer than that. SUPERVISOR CHAMPAGNE-Ok. Two years. Is there anyone against this application? If not, does the board have anything more to add, we are going with two years? COUNCILMAN MONAHAN-Is there a septic system on that now? MARION MARCY-Yes COUNCILMAN MONAHAN-Is it COUNCILMAN GOEDERT-Is it town water? COUNCILMAN MONAHAN-Is it fairly new or don't you know what the condition is? MARION MARCY-Do you know how old the septic system is? MR. HITCHCOCK-No, it also has town water... COUNCILMAN MONAHAN-Town water. MARION MARCY-Town water is there they do not, they do not have that information they know there was a system there because ofMr. Hitchcock's mom but they do not know any of the specifics. COUNCILMAN MONAHAN-John, the septic they do not know much about it, if they came in for a permit for a mobile home would that septic system have to meet any criteria? JOHN GORALSKI-DIRECTOR-If it is an existing functioning septic system SUPERVISOR CHAMPAGNE-It has to fail first. JOHN GORALSKI -Yes, it has to fail first, if it is an existing functioning septic system they would just be able to hook it up. COUNCILMAN MONAHAN-There is town water there so you do not have to worry about the pollution of a well or something. COUNCILMAN GOEDERT-It is not functioning though there is nothing there, just having it there would constitute as functioning. SUPERVISOR CHAMPAGNE-Ok. Anyone care to add any more, any other questions? COUNCILMAN MONAHAN-We just need to re-word this to put the two year limitation on it someplace in here. SUPERVISOR CHAMP ANGE-How about it Mark can you another whereas here? COUNSEL SCHACHNER-No, not if you want it to be binding then you put it in the resolved. You could actually add to the end of the sole resolve, such permit to be good for a period of two years, or valid for a period of two years. SUPERVISOR CHAMPAGNE-Ok. With that amended. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR JAMES HITCHCOCK AT 373 PINELLO ROAD, QUEENSBURY RESOLUTION NO.: 388.97 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, James Hitchcock filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 373 Pinello Road, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on October 20, 1997 with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury, such permit to be valid for a period of two years. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver PUBLIC HEARING PROPOSED LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES NOTICE SHOWN SUPERVISOR CHAMPAGNE-Anyone here to speak in favor of that, we will start out with those four this is the public hearing on the local law moratorium on adult uses and adu1t entertainment uses, I am sure John Goralski can explain this much better than I can. JOHN GORALSKI-DIRECTOR-Well you know what this is just an extension of the existing moratorium. SUPERVISOR CHAMPAGNE-Ninety days. COUNCILMAN GOEDERT-One hundred and eighty days. COUNSEL SCHACHNER-It should be about ninety until January 31st. The original one was one hundred and eighty days. SUPERVISOR CHAMPAGNE-My reads ninety days. COUNCILMAN MONAHAN-Mine reads one hundred and eighty. JOHN GORALSKI-DIRECTOR-The extension is ninety days you are correct. The reason for this is we have been knocking this around for a while, gotten a lot, I think you have received a memo from Mark, we have gotten a lot of input a lot of different comments about it. What we would like to do is have enough time to meet with the board one or two more times iron out all the details, make sure we get this right, make sure we have a law that is addressing the issues that we are attempting to address and a law that we can, can be upheld in court, on a permanent basis. COUNCILMAN GOEDERT-So, this is just an extension of the moratorium. JOHN GORALSKI-DIRECTOR-The existing moratorium that is currently in place. COUNSEL SCHACHNER-The identical language is not changed in anyway is literally the same one, just pushing it out to the end of January to give us more time and the board time to consider whether you want to go into a permanent type of law. COUNCILMAN GOEDERT-The law that is attached to this moratorium, does not mean that this is the law that we are going to vote to put into effect. JOHN GORALSKI-DIRECTOR-Absolutely not. COUNSEL SCHACHNER-Permanently you mean, you are correct. COUNCILMAN MONAHAN-It is ninety days to work on this, it is ninety days... COUNSEL SCHACHNER-Let me clarify that, there is nothing in here that says it is being extended one hundred and eighty days there is nothing that is wrong. COUNCILMAN MONAHAN-I am sorry I am reading it wrong, I apologize. COUNSEL SCHACHNER-The one hundred and eighty days was the initial term,..what I wanted to point out is it is sometimes it is confusing as to when the things take effect, what I am recommending is that is just simply state that this will be in effect until January 31st and that way we know that that will be the date of termination and we know if you want to extend it further or enact a permanent law we will be able to do it during the month of January prior to the 31st. COUNCILMAN GOEDERT-I think that would be an excellent idea. SUPERVISOR CHAMPAGNE-I agree, ok any other discussion? Closed. RESOLUTION TO ENACT LOCAL LAW NO. 9, OF 1997 A LOCAL LAW OF THE TOWN OF QUEENSBURY AMENDING LOCAL LAW NO. 2 OF 1997" A LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES" RESOLUTION NO. 389.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on April 7, 1997, by resolution no. 137,97, the Town Board of the Town of Queensbury enacted Local Law NO.2 of 1997 entitled "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Adult Uses and Adult Entertainment Uses," which Law authorized a temporary moratorium on the conduct of new adult uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury while the Town contemplates regulation of such uses through further Local Laws, and WHEREAS, the Local Law stated that the moratorium would expire one-hundred eighty (180) days after its effective date, and WHEREAS, the Town Board of the Town of Queensbury subsequently adopted a resolution to extend the moratorium by another thirty (30) days or until early November, 1997, and WHEREAS, the Town Board of the Town of Queensbury desires to adopt a Local Law amending Local Law NO.2 of 1997 by extending the moratorium by an additional ninety (90) days or until on or about the end of January, 1998, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and a public hearing with regard to this Local Law was duly conducted on October 20, 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law amending Local Law NO.2 of 1997 Establishing a Temporary Moratorium on Adu1t Uses and Adult Entertainment Uses to be known as Local Law No. 9 of 1997, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver TOWN OF QUEENSBURY LOCAL LAW NO. 9, OF 1997 A LOCAL LAW OF THE TOWN OF QUEENSBURY AMENDING LOCAL LAW NO. 2 OF 1997 "A LOCAL LAW ESTABLISHING A TEMPORARY MORATORIUM ON ADULT USES AND ADULT ENTERTAINMENT USES" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: The Code of the Town of Queensbury is hereby amended by amending Local Law NO.2 of 1997 which was duly adopted by the Town Board of the Town of Queensbury on April 7, 1997, as follows: SECTION 1. Purpose. The Town Board hereby finds that the conduct of adult uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adu1t uses, results in decreased property values, increased loss of business for non-adult businesses and deterioration of residential neighborhoods. This Local Law will protect the general welfare, health, safety and well-being of the persons and property of the Town and the integrity of the Town Master Plan and Zoning Ordinance by temporarily prohibiting the conduct of adult uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adu1t uses, pending the Town's review and possible revision of the Master Plan and Zoning Ordinance regarding such adult uses. This Local Law is adopted pursuant to ~ 10 of the Municipal Home Rule Law and Article 16 of the Town Law. SECTION 2. Definitions. As used in this law, the following terms shall have the meanings indicated: ADULT ENTERTAINMENT USES: A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adu1t arcade; adult bookstore or adult video stores; adu1t arcade; adult cabarets; adult motels; adult motion picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adu1t Use and Entertainment Establishments customarily exclude persons seventeen years of age and younger. "ADULT" ARCADE: Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by depicting or describing "specified adu1t activities" or "specified anatomical areas." "ADULT" BOOKSTORE or "ADULT" VIDEO STORE: A commercial establishment which offers for sale or rental for any form of consideration anyone or more of the following: A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified adult activities." B. Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with "specified adult activities." ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which regularly features: A. Persons who appear in a state of nudity; or B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified adult activities;" or C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas. " "ADULT" MOTEL: A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas," and has a sign visible from the public right -of-way which advertises the availability of this adu1t type of photographic reproductions. "ADULT" MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified adult activities" or "specified anatomical areas." "ADULT" THEATER: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified adult activities." ESCORT: A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person. ESCORT AGENCY: A person or business association who furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration. NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York. NUDITY or a STATE OF NUDITY: The appearance of "specified anatomical areas." PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity. SEMI-NUDE: A state of dress in which clothing covers no more than the "specified anatomical areas," as well as portions of the body covered by supporting straps or devices. SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi- nude. SPECIFIED ANATOMICAL AREAS: This means and includes any of the following: A. Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top of the areola; and B. Even if completely and opaquely covered, male genitals in a discernibly turgid state. SPECIFIED ADULT ACTIVITIES: This means and includes any of the following: A. Actual sex acts, normal or perverted, including intercourse, oral copulation or sodomy; B. Masturbation; C. Excretory functions; or D. Actual acts of dismemberment, mutilation or torture of humans or animals. SECTION 3. Moratorium. After the effective date of this Local Law, no Town official, Department or Board may accept, review or approve any applications for the conduct or expansion of adu1t uses and adult entertainment uses within one-thousand feet (1,000') of institutions of religious worship, schools, zoning districts which allow residential uses or any existing adult uses in the Town of Queensbury, nor shall any such uses be undertaken by any person in such areas during the effective period of this Law unless such use is a pre- existing lawfully established use as of this date. SECTION 4. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 5. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the Municipal Home Rule Law and shall expire on January 31, 1998. PUBLIC HEARING PUBLIC HEARING PROPOSED LOCAL LAW TO AMEND CHAPTER 113 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED, "MOBILE HOMES" TO AMEND, REVISE AND/OR ADD CERTAIN PROVISIONS THERETO NOTICE SHOWN SUPERVISOR CHAMPAGNE-Ok, we will open the next public hearing on a proposed amendment to local law mobile homes. This is the one that decreases the costs to the mobile home owner/operator from ten dollars per mobile home help me with this John if I go astray, ten dollars a mobile home the fee paid for typical inspections to a one time annual fee of one hundred dollars per park per owner. So basically it is an annual fee. A one time annual fee. JOHN GORALSKI-DIRECTOR-Annual fee per park. There is also another section in here that is just a house keeping thing that sends the resolutions for mobile home licenses to the Zoning Board as opposed to the Planning Board. SUPERVISOR CHAMPAGNE-Yea. We changed that. COUNCILMAN MONAHAN -John I just had a thought and Pliney you might be able to help me with this. What is the smallest mobile home park we have in this town? JOHN GORALSKI-DIRECTOR-The smallest mobile home park? COUNCILMAN GOEDERT -Probably Mountainview. COUNCILMAN MONAHAN-What is Glen Gregory's how big are his, I am wondering if we are penalizing a small park owner? MR. PLINEY TUCKER-We have one on Corinth Road there are only five or six on the corner ofPinello Road. COUNCILMAN MONAHAN-I think maybe we need to take look at one hundred dollars per mobile home park or ten dollars per mobile home which ever is less because we can be end up penalizing some of those small people. TOWN CLERK DOUGHER-John, is this for permanent ones or for transient ones too? You could have transient ones paying now more than the permanent ones do, did you realize that? COUNCILMAN MONAHAN -What are you calling a transient like the R V park? TOWN CLERK DOUGHER-Lake George RV park, they pay in January these people pay in the fall. COUNCILMAN MONAHAN-Because somebody said, see Darleen that is what the question was, was it for site or was it per mobile home, well in January they do not even have any mobile homes, that was what I said it was per site but people said no we do it per mobile home. TOWN CLERK DOUGHER-No. SUPERVISOR CHAMP AGNE- They are taxed per site, or they are taxed plus per site. How? COUNCILMAN MONAHAN-It is per site, people kept saying during our workshops it was per mobile home that was not correct I kept saying it was per site. COUNCILMAN GOEDERT-Transient Mobile Homes should be two different things. COUNCILMAN MONAHAN-They are both assessed the same way. Right Darleen they were both assessed per site. TOWN CLERK DOUGHER-They are both assessed per site. COUNCILMAN MONAHAN-It never was per mobile home. TOWN CLERK DOUGHER-It couldn't be for transient because they are not there. SUPERVISOR CHAMPAGNE-That is the point that we are making. I thought on the other one I understood it was ... COUNCILMAN GOEDERT-What inspections do we do up at the RV parks, Mr. Goralski? JOHN GORALSKI-DIRECTOR-The the same thing. COUNCILMAN GOEDERT -Every trailer that comes in there... JOHN GORALSKI-DIRECTOR-Oh, no, no. I mean we do inspect the park we do go in once a year go around, inspect the park, count what is there and just make sure that things are cleaned up. COUNCILMAN MONAHAN-I think that is what we are talking about counting what is there so, you may be counting how many mobile homes are there but really what they were being assessed on was per site. SUPERVISOR CHAMPAGNE-That's not what came across originally. COUNCILMAN MONAHAN-And I kept trying to tell you... SUPERVISOR CHAMPAGNE-What came across to me was when you go in there you are inspecting I understood, you are inspecting the mobile home that is there. You talked about putting on an addition on COUNCILMAN MONAHAN-Yea, that was for building permits, that has nothing to do with this. JOHN GORALSKI-When we go in for the annual inspection of a mobile home park the inspector drives around looks to see in a regular mobile home park looks to see if any mobile homes are new mobile homes are there that there are no permits for looks to see no additions were built, looks to see that there isn't garbage or junk vehicles or anything like that. COUNCILMAN MONAHAN-It is really how the park is run, set up and run, right. JOHN GORALSKI-On a transient like Lake George RV Park or a John Hughes, LedgeView Village there we basically do the same thing. COUNCILMAN GOEDERT-Can I ask you, lets take it one step further and that is do you do an annual inspection if everybody's else's home in the town what is the difference between a mobile home in a mobile home park to be inspected on whether or not there is cars there or garbage or that or Connie Goedert's house at 11 Centennial? JOHN GORALSKI-DIRECTOR-The difference is that the Code says that we have to go and inspect these mobile home parks. COUNCILMAN GOEDERT-So, maybe it is something that we need to eliminate all together. COUNCILMAN MONAHAN-I think part of it Connie was because you have got a lot denser population structures closer together, closer together you have a fire hazard that you do not have in others. COUNCILMAN GOEDERT-You are not checking the fire hazards. COUNCILMAN MONAHAN maintained. - They are looking at the physical layout and how the park is COUNCILMAN GOEDERT-Why when they are not making a physical layout of Centennial? COUNCILMAN MONAHAN-Because you, because again it was part of the fact that mobile home parks are the dense uses, very small lots compared to your lot Connie. SUPERVISOR CHAMPAGNE-Well if we were to, I think we have the board agreement that this works, that this does work though for one hundred dollars per park. COUNCILMAN MONAHAN-No it is not taxation, it is a business, the owner is paying it as a business thing. COUNCILMAN GOEDERT-Yes, but the owner is also paying tax on every mobile home that moves in there he is paying tax on COUNCILMAN MONAHAN-excuse me, commercial property, Bodenweiser not Bodenweiser, but Kip Grant COUNCILMAN GOEDERT-Let me finish my statement Bet, everyone mobile home that is moved out of there they call and wanted it taken off the tax rolls. COUNCILMAN MONAHAN -The home not the lot. COUNCILMAN GOEDERT-That is what gives it the assessed value is the home not the property, correct? COUNCILMAN MONAHAN-Both are assessed. SUPERVISOR CHAMP AGNE-I guess I need to go back and determine just exactly how that assessment is levied and how that owner pays, my assumption, my understanding that I was led to believe through conversations in previous board meetings was that the owner pays, Mr. Drellos I thought made that very clear that he paid one on the mobile homes that are there, he did not pay a site fee. COUNCILMAN GOEDERT-Paid ten dollars per mobile home that was there. COUNCILMAN MONAHAN-If that was how it was being done then somebody has been doing it wrong. SUPERVISOR CHAMP AGNE-I am ready to pull this law. JOHN GORALSKI-DIRECTOR-Let me just, what Connie said, and this came up before and we looked into it, my understanding when this was written the concern was that mobile homes unlike a regular permanent home can be moved on and off the site and that is why that was put in there. But, you are also correct that when ever a mobile home is removed they do call the assessor's office and tell them that it has been moved. And every time a mobile home is put on a site we do require a building permit and we do, do an inspection. So, we are doing inspections when mobile homes are placed on properties we rely on the home owner. COUNCILMAN GOEDERT-Who pays for that inspection, John? JOHN GORALSKI-DIRECTOR-The homeowner. COUNCILMAN GOEDERT-The new mobile home owner JOHN GORALSKI-DIRECTOR-Right, pays for a building permit. Now, COUNCILMAN GOEDERT-And then we are charging them again, technically not though, the park owner to inspect the park where you are already inspected the mobile home to put it there to begin with. COUNCILMAN MONAHAN-I think what it is Connie it is a business tax you are confusing residential and commercial it is a commercial enterprise and as commercial enterprise that is a fee that you are paying to conduct a business of that type. COUNCILMAN GOEDERT-There is a problem with the way this is. SUPERVISOR CHAMPAGNE-I would like to spend some more time, I would like to pull it and take a harder look at it, because I thought we had it really where it was to have been based on the one hundred dollars that John had indicated was basically the cost to go in and make that inspection. That is what it would cost us to do that inspection. COUNCILMAN GOEDERT -I agree with you. SUPERVISOR CHAMPAGNE-Of course if you were to apply a Kip Grant inspection, fire inspection to a Red Lobster we do not charge for that do we? I do not think so, no we do not. Well, I do not know, but we don't. COUNCILMAN GOEDERT-In the mean time a tax, maybe Darleen if you could help us out would be a list of mobile home parks that pay this and the amount that they pay. TOWN CLERK DOUGHER-You want me to get a list of mobile home parks, exactly what they pay a year both transient and regular and what their assessment is and what they pay in taxes a year. COUNCILMAN MONAHAN-Darleen, could you do that for about three years so we could see whether or not how this site thing is being carried out, not necessarily by your office but by other people that are involved in this. TOWN CLERK DOUGHER-I went out with the guys I know they did it by site.. . are you closing this public hearing? SUPERVISOR CHAMPAGNE-I do not know maybe we should leave this open? COUNCILMAN MONAHAN-If we change it, it would not be any good. Did you give everybody a chance to speak that want to speak at this time? SUPERVISOR CHAMPAGNE-Yes I have asked the audience if there is anyone here, probably they are confused as I am. JOHN SALVADORE-Are you going to leave it open? SUPERVISOR CHAMPAGNE-We are going to close it John and then come back and set another one. UNKNOWN-Isn't that like a CO that you are talking about when a new trailer goes on the lot? SUPERVISOR CHAMPAGNE-Building Inspection would be like a CO. COUNCILMAN MONAHAN-We are talking about two different things here. Apples and Oranges are getting mixed up. SUPERVISOR CHAMPAGNE-We will close the public hearing and we will have another public hearing on it. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 390.97 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 moves into the Queensbury Board of Health. Duly adopted this 20th day of October 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver PUBLIC HEARING PUBLIC HEARING ON SANITARY SEW AGE DISPOSAL V ARINACE PHILLIP AND SUSAN MORSE NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the Hearing Is there anyone here this evening that would care to speak on behalf of this applicant? ATTORNEY MIKE O'CONNOR-Mr. Supervisor I am Mike O'Connor I am here to speak on behalf of the application if you have any questions. SUPERVISOR CHAMPAGNE-Why don't you take a seat there Mr. O'Connor. You have a letter here from Mr. Hatin to be read into the record. TOWN CLERK DOUGHER- Ltr. October 20,1997 Town Board RE: Morse Septic Variance Dear Board Members: Mr. Morse is requesting to place holding tanks on his property located on the shore of Lake George, on Assembly Point. Due to the fact that Mr. Morse was unable to purchase property to put in a conforming septic system, he is requesting that holding tanks be installed as a part of a major renovation to his residence. This residence is used for year round use, and the holding thanks will be installed in conformance with the Ordinance. Therefore, I see no reason why the Town board should not approve this variance. Sincerely, /s/ David Hatin, Director Building and Code Enforcement SUPERVISOR CHAMPAGNE-anyone here care to speak against this application? ATTORNEY O'CONNOR-Mr. Supervisor for the purpose of the record I would make one statement on behalf of the applicant. The main intent and purpose of the requested relief is the desire to be more environmentally sensitive to the lake by providing a holding tank system with the appropriate alarms, as well as being able to maintain the tree coverage that is on their lot now. We could, contrary to what Mr. Hatin seemed to indicate, place the system on the lot, we would end up clearing up a good amount of the foliage that is there and some of it is substantial trees and that we would like to avoid. That is the real reason for the application. SUPERVISOR CHAMPAGNE-This is below the surface, correct? ATTORNEY O'CONNOR-Yes. SUPERVISOR CHAMPAGNE-This is not an exposed ...John did I see your hand up? MR. JOHN SALVADORE-My only concern is what is the position of the New York State Health Dept. with regard to the public health law concerning this sort of thing? It is my understanding that holding tanks are not allowed in accordance with the public health law unless it is for to bridge a short term problem, seasonal or otherwise with a failure until the proper thing can be done. But on a long term basis as I understand it, it is not something they allow. The DEC also has a ... SUPERVISOR CHAMPAGNE-I am not aware of that at all John to be honest with you I have not come across that. JOHN GORALSKI-DIRECTOR-We have authority over sanitary disposal systems within the town. MR. SALVADORE-In accordance with the public health law. COUNSEL SCHACHNER-Also the Department of Health has authority to approve what is called alternative systems and holding tanks are included in that and Brian Fears District Office of the Department of Health does field requests for alternative systems including holding tanks. SUPERVISOR CHAMPAGNE-Did I read somewhere this would have to be approved by the Department of Health? COUNCILMAN GOEDERT-It is right in the resolution. COUNCILMAN MONAHAN-I think the choice, my choice is whether or not we are going to rip up a lot of property have an erosion all of that kind of stuff, storm water runoff into the lake or whether we are going to have holding tanks, it is a no brainier as far as I am concerned. SUPERVISOR CHAMPAGNE-Ok, anyone else care to speak? For or against this application? While we are in the public hearing. . . ready to vote RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR PHILLIP H. AND SUSAN K. MORSE RESOLUTION NO.: 32.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Philip and Susan Morse previously filed a request for a variance from a certain provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that an applicant must apply for a variance in order to have a holding tank, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on October 20, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been du1y 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 applicants; and c) that the Local Board of Health imposes a condition upon the applicants that they 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 Phillip and Susan Morse to allow a holding tank on property situated at Bay Parkway, Assembly Point in the Town of Queensbury, New York, and bearing Tax Map No. 9-1-19. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver PUBLIC HEARING APPLICATION FOR SANIT ARY SEWAGE DISPOSAL VARIANCE LEON W. DAVIS NOTICE SHOWN SUPERVISOR CHAMPAGNE-We have a public hearing on a sanitary sewage disposal variance for Leon Davis, is Mr. Davis with us this evening or anyone representing him? Byron? BYRON RIST -Byron Rist I am representing the Davis. SUPERVISOR CHAMPAGNE-We also have a letter from Mr. Hatin on this if you care to read that. TOWN CLERK DOUGHER-We have two letters. Ltr. October 20, 1997 Town Board RE: Davis Variance Dear Town Board Members Mr. Rist, acting as agent for Mr. Davis, has applied to install holding tanks for a new dwelling to be built on the property. Due to the water table and the current grade of the property, Mr. Rist is proposing to raise the level of the property, so that the holding tanks will be below grade when final grade is established. This variance seems reasonable, as it would be impossible to put a conforming septic system on this property, given the constraints of the property. Therefore, I see no reason why the Town Board cannot approve this variance. Sincerely, /s/ David Hatin, Director Building and Code Enforcement ltr. Attn: Darleen Dougher Town Clerk Town of Queensbury Regarding the hearing on property situated on North Lane, Assembly Point, Town of Queensbury, NY, and bearing tax map #: section 8,block3,lot 5. We oppose the placement of holding tanks, on said property since we were not advised of this request in a timely fashion. EI: Request received by us on 10/17/97 with a hearing date of 10/20/97. We also have several issues with the placement of such tanks and their proximity to neighboring properties, as well as our own. No information has been shared as to how these tanks will be covered and what grade the actual plumbing will be. Perhaps more available information would help us to make an honest assessment of the impact of this variance on our own property. Hoping to hear from Byron Rist or others. Respectfully, /s/ Thomas Vaughn /s/ Patricia Vaughn COUNCILMAN GOEDERT -Can we confirm that they were notified according to the ordinance? SUPERVISOR CHAMPAGNE-They were properly notified. TOWN CLERK DOUGHER-There was the ad in the paper and notification was sent out there is nothing in the law that says how many days before. SUPERVISOR CHAMPAGNE-Ok. TOWN CLERK DOUGHER-There is for the legal ad and that was done. COUNCILMAN MONAHAN-They got it three days before? Which is not very much time. BYRON RIST -Can I add something to that? COUNCILMAN MONAHAN-Sure. BYRON RIST -When I applied, right before I applied for this variance probably a week before and the variance application had to be in by the end of September ok, here it is twenty days later, but I contacted all the adjacent property owners explained everything we intended to do and asked for permission to go on their property to locate their wells and septic systems and everyone granted it. Gave me much information and were very helpful including the Vaughns. Had no idea this kind of thing was coming. It is not like this came out of the clear blue three days ago to the Vaughns because I was on the phone personally to thern. SUPERVISOR CHAMPAGNE-I understood from Dave Hatin there was a question one time I understand you are going to have to put in fill, kind of sit on top of the ground and then there will be fill built up around it. MR. RIST -That is correct. SUPERVISOR CHAMPAGNE-Is that correct, I think that there was a mis-conception possibly in their understanding in terms of the Vaughns understanding how this thing is going to be. COUNCILMAN MONAHAN-You mean they were going to have a big mound right in front of their face or something or other? SUPERVISOR CHAMPAGNE-Yes. That may have been the problem but I do not know that for a fact. Ok. Obviously they got notice and they are not here tonight. MR. RIST-Ifyou look on the plot plan or it is actually a site plan that shows the adjacent property owners, we have actually swung an arch fifty feet which is the required distance from any adjacent wells for a holding tank application and I would guess we are probably more than a hundred thirty, one hundred and forty feet from the Vaughns well and thats certainly even if it were a septic system proper with a leaching system this still would be an adequate separation but this isn't a septic system as we normally know it is holding tanks that will be pumped. SUPERVISOR CHAMPAGNE-Any more from the board? COUNCILMAN MONAHAN-John, I do not have my book with me this shows a set back of eleven feet from the side property line. JOHN GORALSKI-DIRECTOR-Ten feet. COUNCILMAN MONAHAN-Ten feet is what is necessary. COUNCILMAN GOEDERT-Was our Code Enforcement Officer aware of this complaint, I do not know what you want to call it? TOWN CLERK DOUGHER-Yes. SUPERVISOR CHAMPAGNE-Yes, he talked... Ok, are we ready. COUNCILMAN MONAHAN-How much have you got to raise that property for the holding tanks? MR. RIST -Well, probably realistically raise the grade in order to go with the ... it has to be four and a half feet so at the building line proper the property will be raised four and a halffeet and then it taper away. COUNCILMAN MONAHAN-Is that going to have any effect with road runoff, drainage up there? Stormwater drainage all the things we have a problem with at the lake? MR. RIST-It is on the other side of the hill from the lake to begin with but the property is in a swale and we are attempting to get it up so that it is somewhat above the level of the road. It is usually a desirable position for a house so that any drainage does run toward the side and there will be a swale from the road to the house so that the drainage can run around to the back of the house and basically in the direction that it is mnmng now. COUNCILMAN MONAHAN-Has anybody looked at that John? Whether or not it is going to have any impact on the drainage along the roads and everything. JOHN GORALSKI-DIRECTOR-I believe Dave Hatin has been out there and looked at the site MR. RIST-Yes he has. JOHN GORALSKI-DIRECTOR-He did not think that there was any concern. SUPERVISOR CHAMPAGNE-What is your pleasure? COUNCILMAN GOEDERT-It has no effect on the Vaughns then they were notified properly. SUPERVISOR CHAMPAGNE-According to Mr. Hatin's report today, when you build this up obviously to get up over the top of the holding tank you are going to slope it back down so that your neighbor I guess it is the Vaughns on whatever side. MR. RIST -The Vaughns are across the road...I guess that they would be the least affected of the four adjacent property owners. COUNCILMAN MONHAN-The only thing that might be affected is the road itself, Pau1s drainage in the road itself. SUPERVISOR CHAMPAGNE-Ok. Do I hear a motion? RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR BYRON RIST AS APPLICANT FOR OWNER LEON W. DAVIS RESOLUTION NO.: 33.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Byron Rist, applicant for Leon Davis, previously filed a request for two (2) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that requiring that an applicant must apply for a variance in order to have a holding tank and that the holding tank be installed below the grade, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on October 20, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been du1y 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 variance to Byron Rist, applicant for Leon Davis, to allow a holding tank and that the holding tank be installed at the existing grade and then filled around and over on property situated on Assembly Point Road in the Town of Queensbury, New York, and bearing Tax Map No. 8-3-5. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 34.97 INTRODUCDED 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 its Queensbury Board of Health and moves back into Regular Session. Duly adopted this 20th day of October 1997 by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne Noes: None Absent: Mrs. Pulver CORRESPONDENCE NONE RESOLUTIONS RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO FINISH AVIATION ROAD SIDEWALKS RESOLUTION NO.: 391.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, is it necessary for the Town Highway Department to complete the sidewalks in front of the Methodist and Catholic Churches on Aviation Road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Highway Department to complete the sidewalks in front of the Methodist and Catholic Churches on Aviation Road at a cost not to exceed $6,000, to be paid for from the Aviation Road Capital Project Account # 110-5110-4403. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO REPAIR DRAINAGE AT CORNER OF CLINE AND SARGENT STREETS RESOLUTION NO.: 392.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, is it necessary for the Town Highway Department to repair drainage at the corner of Cline and Sargent Streets (off Meadowbrook Road, near the Glens Falls City boundary line), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Highway Department to repair the drainage at the corner of Cline and Sargent Streets at a cost not to exceed $2,000 and to be paid for from the appropriate drainage account, and BE IT FURTHER, RESOLVED, that $2,000 be transferred from the Contingency Account to the appropriate drainage account. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver Discussion held regarding drainage account before vote: Councilman Goedert-questioned amount in the drainage account.. . noting the drainage problem on Sweet Road.. . Board agreed to transfer $2,000 from contingency to the appropriate drainage account. RESOLUTION RET AINING VAN DUSEN & STEVES LAND SURVEYORS TO RE-ST AKE AVIATION ROAD SIDEWALKS RESOLUTION NO.: 393.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 154.97, the Town Board of the Town of Queensbury previously authorized the retention of VanDusen & Steves to provide the surveying services relative to the Aviation Road Capital Project - Phase II, and WHEREAS, the Town Highway Department has advised that it is necessary for VanDusen & Steves to perform additional work consisting of re-staking the sidewalks on Aviation Road, and WHEREAS, VanDusen & Steves has offered to perform the additional services for an amount not to exceed $600, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of VanDusen & Steves to re-stake the sidewalks on Aviation Road relative to the Aviation Road Capital Project - Phase II, at a cost not to exceed $600, to be paid for from the Aviation Road Capital Project Account # 110-5110-4403. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK ST ATE DIVISION FOR YOUTH RESOLUTION NO.: 394.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury is eligible to apply for certain funds from the New York State Division for Youth relating to Town recreation programs, and WHEREAS, Harold Hansen, Director of Parks and Recreation, has prepared an application for the total amount of moneys ($10,000.) for reimbursement of recreation funds to be expended for the administration, supervision, and operation of year-round recreation programs and activities in 1998, with the understanding that although it may be possible to receive up to $10,000., the grant will most likely be in the amount of $7,846.45, which is the authorized amount based on the eligibility in terms of the Town's youth population, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes the application described above and authorizes the Town Supervisor to execute the funding application for submission to the New York State Division for Youth. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AMENDING 1997 BUDGET RESOLUTION NO.: 395.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has established a capital project for improvements and repairs to be made on Sweet Road, and WHEREAS, the Town Board of the Town of Queensbury wishes to increase appropriations for the project, 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 Sweet Road Capital Project Fund # 109 in the amount of $26,400 to a total of $98,100; 2. Increase Appropriations in the Sweet Road Capital Project Fund #109 by $26,400; 3. Transfer $14,545 from Engineering-Misc. Contractual Account No. 001-1400-4400 to Transfer to Other Funds - Sweet Road CP Account No. 001-9950-9109; and 4. Transfer $11,000 from Sidewalks - Contractual Account No. 001-5410-4400 to Transfer to Other Funds - Sweet Road CP Account No. 001-9950-9109. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Goedert, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver ABSTAIN: Mrs. Monahan Discussion held regarding Sweet Road project. . . the board agreed to have the engineer and the Highway Supt. Meeting to re-evaluate the work that was done on Sweet Road. . . identify the over run on the project. . . RESOLUTION SETTING MAXIMUM EXPENDITURE FOR WORK TO BE PERFORMED ON WELCHER PROPERTY ON SWEET ROAD RESOLUTION NO.: 396.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, by Resolution No. 385,97 the Town Board of the Town of Queensbury authorized the Town Highway Department or an independent contractor to perform certain reconstruction and improvement work on the Welcher property on Sweet Road, and WHEREAS, the Town Board of the Town of Queensbury wishes to set a maximum expenditure for such work, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Highway Department or independent contractor to perform the necessary work on the Welcher property up to the amount of $6,000, with payment to be made from the Sweet Road Capital Project Fund #109. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver Discussion held before vote: Councilman Monahan-I do have a problem with the design being that much above the present level when I look at the contours of the adjacent property and driveways, that is the basic question I have. . . RESOLUTION AUTHORIZING NEW YORK DRINKING WATER STATE REVOLVING FUND (DWSRF) APPLICATION AND PROJECT FINANCING AND LOAN AGREEMENT RESOLUTION NO.: 397.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury herein called the "Borrower," after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as the West Glens Falls Water district improvements - cleaning, lining and replacement of 4" cip, metering, and identified as DWSRF Project Number(s) 15798, herein called the "Project," is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately, and WHEREAS, the United States, pursuant to Title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act"), 42 U.S.C.~~300f, et seq., as amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Act; and WHEREAS, the State of New York has, pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the Act, and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund, and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to recipients for eligible projects, as provided in the DWSRF Act, and WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds as follows: 1. The filing of an application for DWSRF assistance in the form required by the Corporation in conformity with the DWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed as the official representative of the Borrower to execute and deliver an application for DWSRF assistance, to execute and deliver the Project Financing and Loan Agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Borrower as may be required. 3. The Town Supervisor is hereby authorized and directed to make application for financial assistance under the DWSRF Program. 4. The Town Supervisor is hereby authorized and directed to forward one (1) certified copy of this Resolution to the New York State Environmental Facilities Corporation, 50 Wolf Road, Room 508, Albany, New York 12205-2603. 5. This Resolution shall take effect immediately. Duly adopted this 20th day of October, 1997 by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver Discussion held before vote: Supervisor Champagne-This is the application for the West Glens Falls Water Dist. In hopes that we can get a funding grant. RESOLUTION AUTHORIZING NEW YORK DRINKING WATER STATE REVOLVING FUND (DWSRF) APPLICATION AND PROJECT FINANCING AND LOAN AGREEMENT REGARDING WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 398.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury herein called the "Borrower," after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as the Town of Queensbury Water Treatment plant Expansion and identified as DWSRF Project Number 9s) 16094, herein called the "Project," is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately, and WHEREAS, the United Sates, pursuant to title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act") 42 U.S.C. ~~ 300 f, et seq,. As amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Act; and WHEREAS, the State of New York has, pursuant to Chapter 413 of the laws of 1997=6 (the "DWSRF Act") established n the custody of the New York State environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "fund") to be used for purposes of the Act, and WHEREAS, the corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being chapter 744 of the Laws of 1970, as amended, and constituting title 12 of Article 5 of the Public Authorities law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund, and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to recipients for eligible projects, as provided in the DWSRF Act, and WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds as follows: 1. The filing of an application for DWSRF assistance in the form required by the Corporation in conformity with the DWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The Town Supervisor, as Chief fiscal Officer, is hereby authorized and directed as the official representative of the Borrower to execute and deliver an application for DWSRF assistance, to execute and deliver the Project Financing and Loan Agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide suchadditional information as may be required and to make such agreements on behalf of the Borrower as may be required. 3. The Town Supervisor is hereby authorized and directed to make application for financial assistance under the DWSRF Program. 4. The Town Supervisor is hereby authorized and directed to forward one (1) certified copy of this Resolution to the New York State Environmental Facilities Corporation, 50 Wolf Road, Room 508, Albany, New York 12205-2603, 5. This Resolution shall take effect immediately. Duly adopted this 20th day of October, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY AMENDING CHAPTER 182 ENTITLED, "CIVIL ENFORCEMENT" BY RENUMBERING IT AS CHAPTER 7 RESOLUTION NO. 399.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _ of 1997 to Amend the Code of the Town of Queensbury by amending Chapter 182 entitled, "Civil Enforcement," by renumbering it as Chapter 7, and WHEREAS, such legislation is authorized pursuant to ~ 10(2), (4)(b) of the New York State Municipal Home Rule Law and ~65 and ~135 of the New York State Town Law, and WHEREAS, a public hearing will be conducted prior to adoption of said Local Law, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 3rd day of November, 1997, to consider said Local Law No. _ of 1997 and to hear all persons interested on the subject matter thereof concerning the same 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 No. _of 1997 in the manner provided by law. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver Discussion held before vote: Counsel Schachner-General Code noticed although we numbered the civil enforcement chapter as 182 there is an appendix 182 to our existing Town Code about the Cemetery Commission so General Code recommended that to avoid confusion we re-number the chapter and that is all we are talking about. RESOLUTION AUTHORIZING SALE OF SCRAP METAL RESOLUTION NO.: 400.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the sale of scrap metal located at the Town of Queensbury Transfer Station, and WHEREAS, a set of Bidding Documents, including a Notice to Bidders, has been presented at this meeting, which documents provide for the advertisement for the sale of such scrap metal and also provide for a Bid Proposal, Non-Collusive Affidavit, and Contract of Sale, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to advertise the Notice to Bidders presented at this meeting and the said Town Board of the Town of Queensbury hereby further approves and authorizes the use of the Bidding Documents, including the Contract of Sale, presented at this meeting, and BE IT FURTHER, RESOLVED, that any funds obtained from the sale of said scrap metal shall be deposited in the Landfill Operations Account. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR CRACKER BARREL OLD COUNTRY STORE FROM SFR-lO TO HC-IA TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 401.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, any and all applications for rezoning first go to the Planning Department and Planning Board for recommendations pursuant to ~ 179-94 of the Town of Queensbury Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Rezoning Applications and take such other action as it shall deem necessary and proper, and WHEREAS, the applicant has submitted a Petition for a Change of Zone as described below and such Petition has been reviewed by the Town Planning Staff and deemed complete for purposes of review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: APPLICATION OF: CRACKER BARREL COUNTRY STORE TAX MAP NO.'S: 98-2-1; 98-3-1; 98-3-5 PROPERTY LOCATION: Corner of Aviation Road and Greenway North, Queensbury, New York 12804 APPLICATION FOR: Rezoning from SFR-lO to HC-IA and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agency for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver Councilman Monahan: I would like to request that Planning Board look at the uses allowed in the Highway Commercial Zone and to make comments of any that they feel are inappropriate to be used in that particular area of town. RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO. 402.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain Town Department 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:: CONTROLLER FROM: TO: $ AMOUNT 001-1315-1035 (Controller Salary) 001-1315-4010 (Supplies) $ 500. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 20th day of October, 1997 by the following vote: AYES; Mr. Turner, Mrs. Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION SETTING PUBLIC HEARING ON THE TOWN OF QUEENSBURY PRELIMINARY BUDGET RESOLUTION NO. 403.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner (Resolution withdrawn of Councilman Goedert and Councilman Turner-need more time for review) RESOLUTION TO ACCEPT BID FOR DUCTILE IRON PIPE RESOLUTION NO. 403.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for the purchase of ductile iron pipe as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Director of Purchasing received bids from six (6) companies and opened each bid on the duly advertised bid opening date (October 16, 1997), and WHEREAS, Thomas Flaherty, Water Superintendent, reviewed the bids and has recommended that the Town award the bid to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for ductile iron pipe to Atlantic States for the amount of $45,740, to be paid for from the appropriate Water Department Account. Duly adopted this 20th day of October, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver PLANNED DISCUSSIONS OLD BUSINESS-NONE NEW BUSINESS Councilman Turner-Adirondack Manor Home for Adu1ts has requested a street light at the entrance on Bay Road. Safety matter, very dark location... Councilman Goedert-Noted that Emergency Vehicles have missed turn into their facility at night because it cannot be seen... TOWN ATTORNEY NONE TOWN BOARD MEMBER MATTERS COUNCILMAN MONAHAN-Suggested that members of the public could pick up copies of the resolutions and agenda on the Friday before the Monday meeting. . . also suggested that at the beginning of the meeting or before each resolution we give any members of the audience who wish to comment on the resolution one minute for their comments so we have their comments before we get into the work. UNKNOWN-Requested that the resolution title contain more information... COUNCILMAN GOEDERT -Have we heard anything from Tom Nace regarding Dunhams Bay Road? SUPERVISOR CHAMPAGNE-Because of the lateness of the season and getting this project up and running there is a question on whether we get done this season or 1998. COUNCILMAN GOEDERT-Just to make note we do have the engineering report from Queensbury Forest. SUPERVISOR CHAMP AGNE- The Queensbury School Board did meet last Tuesday and according to Mr. Hafner they are unable to fund the sewer line bridge crossing because of the inability to get it into the State Ed. Dept. for approval prior to get the 70+ aid on the project. I understand there has been conversation with John Burke and also Ramada and at this stage there appears that there is no interest from those two organizations. Question if it is possible for the town to put up front money in order to do the one hundred and twenty one thousand dollar piece with a resolution from the Town Board to guarantee the payback sometime after the SED approval it or if they do not approve it they will have to take it out of their own pocket. Mr. Hafner is researching this. . . OPEN FORUM BARBARA BENNETT-I would like to applaud Betty for her suggestions regarding the resolutions... Questioned the date of the first budget meeting on the preliminary budget? COUNCILMAN MONAHAN-November 6th copies available on the 30th or 31st. MR. DAVID TURNER-Producing Director of the Adirondack Theater Festival requested funding for the festival.. . reviewed the history of the theater in the area KATE BLOSSOM-Live in the area for approximately 25 years... Proponent of the arts for a long time... staying in the area if these kinds of projects are funded in this area ... support the Adirondack Theater Festival, they are young people who have come back to this community I think it is important to support them... MARIE PALING-29 Cedar Court, Queensbury - Member of the Advisory Board of the Adirondack Theater Festival.. . request that you fund our project... noted Lake George Opera will not be performing in this area it might be in your interest and ours if you would fund the Adirondack Theater Festival in their place. JUDY EDMONDS-Resident of the Town of Queensbury and an audience member of the Theater, we are fortunate to have theater of this caliber in the area and I would like to say go for it and support thern. SUPERVISOR CHAMPAGNE-Noted he has seen some of the productions and they do an outstanding job. COUNCIMLAN MONHAN-How many years now? MR. TURNER-Three seasons we have been working the area for six years. COUNCILMAN MONAHAN-Questioned the increase in the audience in that time? MR. TURNER-Percentage wise it has doubled. MR. JOHN SAL V ADORE-RE: Resolutions would like to see more of a presentation on each resolution, I would suggest that you not go the route of one minute, you will never be able to maintain it. . . .noted he felt it was the best that can be done is comment at open forum... Dunhams Bay Road...I do not see any reason not to do the planning. SUPERVISOR CHAMPAGNE-The planning is underway. MR. SAL V ADORE-Imperative to get the engineering work done. . . Warren County Sewer Project, Mr. Geiss was to come to town regarding scientific approach to rock excavation and we are to hear about the findings. SUPERVISOR CHAMPAGNE-I am not sure of the date...I will track it down for you. MR. PLINEY TUCKER-Questioned when the ad will appear regarding the leash law... JOHN GORALSKI-DIRECTOR-That is in the process of being done... MR. PLINEY TUCKER-Questioned the 19% county tax increase... SUPERVISOR CHAMPAGNE-Never happen. MR. PLINEY TUCKER-What are we going to get hit with? SUPERVISOR CHAMPAGNE-I do not want to estimate... MR. PLINEY TUCKER-County has an eight million dollar surplus, they do not want to take money out of there to hold the taxes down, what is the reason for that, are they required by law to maintain that surplus? SUPERVISOR CHAMPAGNE-I agree there is reason for me to believe that you can still chew into that and still maintain the kind of surplus you need to get the job done. . . spoke about the transplant costs and the boarding of prisoners for the jail. . . MR. PLINEY TUCKER-Re: Trash Plant-Noted in the past Warren County gave Washington Co. two million for a landfill that was never built.. SUPERVISOR CHAMP AGNE- That property is sitting there with the plan down the road that it could accept the ash possibly if we could get permitted to put the ash from the transplant in there. . . .it would be used for other items that do not go to the landfill, such as stumps. . . I am not defending that I would like to see the two million come back to us. . . that is in the courts. ... our pro rata share of the trashplant is about 65%... MR. CRAIG MAC EW AN-Spoke to the Board regarding Campaign signs, questioned why he had to file for another sign permit? Asked for clarification. . . One sign has my name the other one has the Q on it for the independent line. . . there is nothing in the sign ordinance that says anything that you are not allowed to have one style of sign or denote your campaign... Questioned signs being placed in the Town of Queensbury for candidates from other communities that do not have sign permits. . . have them checked out. . . Exit 18... CVS on Main Street. . . make sure everyone plays by the same rules. . . COUNCILMAN GOEDERT-There is no way to enforce the sign permit ordinance it should be pulled from our books. . . JOHN GORALSKI-DIRECTOR-RE: Q signs-it is my understanding that the Q sign was not for a specific candidate for a philosophy whatever, that is why I required a separate sign permit for that...if you do not like my answer it can be appealed to the Zoning Board of Appeals.. . Regarding the county supervisor's sign they each had a separate sign permit and it was my understanding that those candidates were all, instead of putting in those locations instead of putting four signs up they were putting one sign up so I told them they didn't need a new permit for that.. ...Re: other signs, on the Boulevard, if they do not have a sign permit they will be required to get one. . . anyone who we see does not have a sign permit we require them to get one. .. . Regarding the location of signs I do not have the time or the resources to send my people out to try and determine where the right of way is or the property lines are and where signs should or should not be we can make sure if you want that everyone that has a sign out there has a permit but as far as the locations of the signs we have more important things to do than figure out whether your sign is on private property or public property, what we do, do is we make sure that in our opinion that none of the signs are place anywhere where they create any danger to the public if they are we remove thern. COUNCILMAN GOEDERT-We need to remove that part of the right of way from the sign ordinance, because it becomes selective because what in your opinion what is dangerous might be different from somebody else's opinion.. . that is my complaint. Mr. JOHN SALVADORE-Spoke against privatizing the trash plant... it is already a very private operation.. . get contracts nu1lified.. .Re: signs and the right of way the Highway Supt. or a County DPW Supervisor and State resident engineer is bound to know the areas of his jurisdiction, if you have signs in the right of way that are not authorized he is empowered to remove them, you need an occupancy permit to occupy a right of way. OPEN FOURM CLOSED SUPERVISOR CHAMPAGNE-Announced a budget workshop at 10:30 a.rn. on Tuesday. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 404.97 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 moves into Executive Session to discuss a personnel matter. Duly adopted this 20th day of October, 1997 by the following vote: AYES: Mr. Turner, Mrs., Goedert, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 405.97 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 its Executive Session and adjourns its Town Board Meeting. Duly adopted this 20th day of October, 1997 by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver ADJOUNRED. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury