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1997-11-17 REGULAR TOWN BOARD MEETING NOVEMBER 17,1997 7:00 P.M. MTG.# 53 RES. 424-434 BOH. 38-40 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER DIRECTOR OF COMMUNITY DEVELOPMENT JOHN GORALSKI CONTROLLER HENRY HESS HIGHWAY SUPT. P AUL NAYLOR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRED CHAMPAGNE MEETING OPENED RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 424.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 17th day of November, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: Mrs. Monahan QUEENSBURY BOARD OF HEALTH 1.0 PUBLIC HEARINGS 1.1 SEWER VARIANCE LARRY CLUTE NOTICE SHOWN SUPERVISOR CHAMPAGNE-We have a letter from Dave Hatin, would you read the letter, do you have a copy of this letter, Darleen, would you read that please? TOWN CLERK DARLEEN DOUGHER- Ltr. Town Board November 17,1997 RE: Larry Clute Septic Variance Dear Board Members: Mr. Clute is proposing to build a house on a pre-existing nonconforming lot which does not allow for the required setbacks between the well and the septic system. Mr. Clute has received approval from the Department of Health for the installation of this proposed septic system and well placement, and given the constraints of the property, this is the maximum distance separation that can be obtained on its particular parcel. It is up the the Board as to whether they wish to grant this variance or not. Sincerely, /s/ David Hatin, Director Building and Code Enforcement SUPERVISOR CHAMPAGNE-Is there anyone here, Yes sir, your name please? MR. LARRY CLUTE-Larry Clute, SUPERVISOR CHAMPAGNE-Hi, Larry. MR. CLUTE-How are you? SUPERVISOR CHAMPAGNE-Fine, Tell us a little bit about what your project is and your rational for not being able to meet the provisions? MR. CLUTE-As David stated in the letter it is just, an existing lot and it is rather difficult to layout a drilled well and a septic system and still meet the one hundred foot set back. When put in front of Brian Fear, of the Department of Health this is what he had come up with. SUPERVISOR CHAMPAGNE-So, they have inspected it and MR. CLUTE-Oh, absolutely SUPERVISOR CHAMPAGNE-Ok. I heard him say that it was approved. Ok. Anyone here.. COUNCILMAN MONAHAN-We had just what he was talking about the Department of Health we had one in here that was dated, John help me with that, oh, 94 has there been anything since then? MR. CLUTE-No, that was done according to Brian Fear, right there what you have in your possession. SUPERVISOR CHAMPAGNE-Ok, I believe that each Board Member has a copy of the layout have witnessed what the plans are COUNCILMAN PULVER-Is there anybody here to speak against that? SUPERVISOR CHAMP AGNE- That is where we are now. Anyone here to speak against this plan, yes, please... you need to come to the mic, please, your name? MRS. CINDY GUARDIOLA-My name is Cindy Guardiola, I live next door to this lot and I am afraid that his septic is going to be too close to my well. His lot is only one hundred and twenty two by ninety eight and my well is very close to his to the border. I am afraid he is not going to have one hundred feet between his septic his leach bed and my well. SUPERVISOR CHAMP AGNE- That must have been determined MR. CLUTE-That is definitely, which property are you? MRS. GUARDIOLA-I am the house right on the corner, blue house with the fences. MR. CLUTE-If we come in Sunnyside North and Hewitt? MRS. GUARDIOLA-I am on the corner east and Sunnyside. MR. CLUTE-No, there, the septic system the way it is proposed is here we are (used map) you are here we are going to have more than one hundred foot with the separation. Here are the leach lines over here so it is going to be bordering Hewitt Road, that is why they ... the garage. . . road side. So, you are going to have more than one hundred foot. I am going to be fifteen foot off with my well if approved and my leach lines are going to be eighty five foot, so add the fifteen just to get to your property line I am one hundred foot just to get to the property lines. MRS. GUARDIOLA-Your leach fields are going to the back? MR. CLUTE-To the side, right along Hewitt, parallel with Hewitt Road. MRS. GUARDIOLA-Where is your septic, your septic tanks? MR. CLUTE-... septic over here. What you need to be concerned with would be the leach lines or what the Department of Health would have been concerned with or this board is the leach lines since as you can see we have a separation of eighty five foot from the dry well which is another fifteen to your property line right there is one hundred foot I do not know where your septic system is for sure but obviously it is going to be one hundred foot plus. MRS. GUARDIOLA-That is what I was concerned about being too close to my land.. . not that large parcel, I noticed that you started digging today. MR. CLUTE-right. SUPERVISOR CHAMPAGNE-You can dig I guess without any kind ofa permit. MRS. GUARDIOLA-That is my main concern, I want to make sure it is one hundred feet away from my well, I do not want to run into problems down the road. SUPERVISOR CHAMPAGNE-Did you show her lot or did you show her well in original plans? MR. CLUTE-Yes. SUPERVISOR CHAMPAGNE-I thought you did. MR. CLUTE-Just to get to the property line our common property line is going to be one hundred foot separation from the first line to the property line, there is one hundred foot before we even encroach on her property. SUPERVISOR CHAMPAGNE-You say, over one hundred feet. MR. CLUTE-Absolutely. SUPERVISOR CHAMPAGNE-Ok, Thank you very much. That is certainly a legitimate concern. Anyone else care to speak against this proposal, yes, Ma'am Would you come, you need to come to the mic, please. MRS. PHYLLIS CONKLIN-My name is Phyllis Conklin and I live on Hewitt Road, my lot joins his lot that he is buying. My leach field sets on the property line and if he is not one hundred feet from my leach field or far enough away from it no one will be able to do anything with the property that adjoins it. The one in the middle. MR. CLUTE-Brian Fear took all the local properties into consideration, there has been no improvement since 1994. MRS. CONKLIN-I called the town office building and I do not know who I talked to, but she told me that you do not have to worry about anyone building on that corner because there is not enough room. Not with my leach bed the way it is and Cindy's well. SUPERVISOR CHAMNP AGNE-At what point in time was this... MRS. CONKLIN-This was probably 94 when this was first started going up for sale. COUNCILMAN MONAHAN-Could you show us on a map here...(map used)John it does not show on the map. DIRECTOR OF COMMUNITY DEVELOPMENT JOHN GORALSKI-Which lot is it? COUNCIMLAN MONAHAN-She should be right next, going down the Hewitt Road, next to the one Larry Clute was talking about. DIRECTOR GORALSKI-It says vacant on the Assessor's rolls and it shows up vacant on the GIS system. MRS. CONKLIN-Is this the two lot, is this the L MR. CLUTE-Yes. MRS. CONKLIN-Ok, put me here. I talked with Lee Horning and he said that when he got through with his problems that he would sell me these two lots in the back. COUNCILMAN MONAHAN-Ok, where is your leach field? MRS. CONKLIN-It is right here. COUNCILMAN MONAHAN-On your lot not over on the vacant lot. MRS. CONKLIN-Right on the line. COUNCILMAN MONAHAN-So, that is your leach field, where is your well? MRS. CONKLIN-My well is , what is this? COUNCILMAN MONAHAN-I would assume have you a garage? MRS. CONKLIN-Yes. My well sits right here. COUNCIMLAN MONAHAN-No, wait a minute that is somebody else's lot. MRS. CONKLIN-No, that is mine I own all of this. COUNCILMAN MONAHAN-Oh, excuse me, ok so your well is here MRS. CONKLIN-I own the whole thing. COUNCIMLAN MONAHAN-All right, so this is your well now we have to figure out.. . dimensions? DIRECTOR GORALSKI-All three of those? COUNCIILMAN MONAHAN-No, I mean this...(used map) DIRECTOR GORALSKI-That one I do not have the dimensions to that one, these are all ninety eight by one twenty two, about one inch equals one hundred feet. COUNCILMAN GOEDERT-John in the variance there is only eighty five feet from his own well, correct? DIRECTOR GORALSKI-He meets all the setbacks COUNCILMAN GOEDERT-He meets all the other setback? DIRECTOR GORALSKI-From everybody else's wells, yes, he meets all the required setbacks, the only variance he needs from it is from his own well. MR. CLUTE-Correct, The adjacent lot next door that we were just describing the vacant lot, even if a permit would come in on that, they would still have to go for the same variance but their well would have to go in the same corner as mine. The septic system would border hers so the separation on that lot could actually be used too, but the same type variance would have to be obtained to do so. Because they would not be able to ... either. COUNCILMAN GOEDERT -So, you are one hundred feet from Ms. Guardiola's and a hundred feet from hers? MR. CLUTE-Easily. MRS. CONKLIN-From my well but his septic tank is ...if! were to purchase the lot in the middle with two leach fields there you cannot use the lot for anything. MR. CLUTE-This is the lot I do not have map that you have if you were to, if you were to purchase this lot with the intent to build you would have to put a well in this corner right here and the new septic system would have to go next to your septic system that now exists. MRS. CONKLIN-..you can have septic systems side by side like that? MR. CLUTE-As long as you meet the set backs on the lot. SUPERVISOR CHAMPAGNE-Sure. MR. CLUTE-There are town set backs as long as you meet the set backs on the lot there is no problem. MRS. CONKLIN-Theoretically, my septic tank is close to the well. MR. CLUTE-Right, but it doesn't really create much of a problem especially in Queensbury with the soil conditions that there are I mean two septic systems side by side is more than acceptable. What is not acceptable is the distances between a well and a septic system. MRS. CONKLIN-Where is your well? MR. CLUTE-(used map) right here. In from the corner and you would have to do the same if somebody were to try and build here, which they could they would have to put a well in this corner to maintain a separation from your septic system as well as mine and that lot could be used. MRS. CONKLIN-Ok, just as long as it doesn't. MR. CLUTE-No, I understand it. SUPERVISOR CHAMPAGNE-That is a salable, that is a marketable lot. DIRECTOR GORALSKI-Are you talking about the lot to the north of the one in question SUPERVISOR CHAMPAGNE-Right. DIRECTOR GORALSKI-That lot would, regardless of what you do with this application that lot would require the same variance..because of the size of the lot. COUNCILMAN GOEDERT-Are you building this place to live in yourself? MR. CLUTE-No. Unfortunately, the client is not here, but it is already sold. I had it sold, when I purchased the lot I was under the impression that it was all set to go. COUNCILMAN GOEDERT-So he is aware that the MR. CLUTE-Oh, yea. SUPERVISOR CHAMPANGE-I talked with him, he has contacted me. COUNCILMAN MONAHAN-Have you done a perk test on the soil? MR. CLUTE-Not an official perk test to be honest with you but is standard, Queensbury it definitely perks. COUNCILMAN MONAHAN-No, you cannot do that, you either, you cannot just look at soils and say that is standard Queensbury soil. MR. CLUTE-Dave has perks, Brian Fear did perks to do this. COUNCILMAN MONAHAN-We have no records ofthern. MR. CLUTE-I could probably get those from Brian. In order for Brian to design this septic system to whatever he would have to ... SUPERVISOR CHAMPAGNE-Anyone else to speak for or against this project? Ok. If not are we ready to vote? COUNCILMAN MONAHAN-I have some concerns if you are going to do a subdivision and this is an old subdivision, the Department of Health standards are when you do not have town water or town sewers that you have to have a half acre. Everyone of these lots are a little bit over a quarter of an acre. So, you have four substandard lots there that are going with no town water and no sewer and I think before you get done you know, these are some of the things that we are picking up the problems from now in other places and I think before you get done you are going to start to have some problems there. I am very uncomfortable that we do not have a perk test. COUNCILMAN TURNER-Is this a three bedroom ranch? MR. CLUTE-Yes a three bedroom ranch. COUNCILMAN MONAHAN-That is a big septic system. MR. CLUTE-The septic system to be honest with you is over sized for a three bedroom ranch. COUNCILMAN MONAHAN-It is a requirement of a three bedroom, we do not have a perk test, we have got undersized lots according to standards, we do not have just one, we have got three undersized lots there. And of course frankly what happened they were checker boarding so they do not have the same ownership....I personally would like to see some perk tests on this. SUPERVISOR CHAMPAGNE-Ok. Anyone else? COUNCILMAN PUL VER- This is only for one lot, Larry? MR. CLUTE-Yes, ma'am COUNCILMAN MONAHAN-But you have got the other two that are there so sooner or later you are going to have the same problem. COUNCILMAN PULVER-Wasn't that something that the Planning Board should have looked into when they were going through subdivision? COUNCILMAN TURNER... pre-existing COUNCILMAN MONAHAN-No, these were old, old, old it dates way, way back. And if it hadn't been monkeyed with the zoning regulations that were put in place in 1982 or 88 these lots would have been, they would have had to been merged. But, then we had a Supervisor who figured we should make developers do that and so we left those lots out there and now you have got these kinds of problems. COUNCILMAN PULVER-But, ok, if we have these kinds of problems then we should change our ordinance we should not be holding this one .... COUNCILMAN MONAHAN-It was changed and then it was changed back, unfortunately, that is what I am saying and it was just changed so that the developer could have more lots. I cannot see how you can take a section out there and get this many septic systems and this many wells on and you know and I think this town board is not being very prudent when they start this type of, procedures allowing it to be done in these substandard lots. There are vacant lands that could be picked up to increase the size of these lots. COUNCILMAN TURNER-This is going to be a drilled well, casing? How deep do they go up there? MR. CLUTE-Up here to be honest with you they say it is over two hundred foot. I talked, I use... .he says in that particular area he's seen them one hundred and eighty foot up as high as four twenty. So, he estimated just over two hundred. SUPERVISOR CHAMPAGNE-Certainly ought to be over a hundred... MR. CLUTE-Oh, absolutely. COUNCILMAN MONAHAN-Mine is only seventy five an artesian well. SUPERVISOR CHAMPAGNE-You hit a lucky one. MR. CLUTE-That is an artesian, this is going to be a drilled well. COUNCILMAN MONAHAN-No, no I meant it shot right up it was a drilled well, it shot out of there. SUPERVISOR CHAMPAGNE-Any other concerns on the part of the board? Anyone else from the audience? Close the public hearing. We are ready to vote. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR LARRY W. CLUTE RESOLUTION NO.: 38,1997 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Larry Clute previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 100'separation between the leachfield and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on November 17, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Larry Clute allowing the placement of the leachfield 85' from his well in lieu of the required 100' distance on property situated at the corner of Hewitt and Sunnyside North, Town of Queensbury, New York, and bearing Tax Map #: Section 50, Block 1, Lot 8.2. Duly adopted this 17th day of November, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES Mrs. Monahan ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-Do you want to add one thing Carol, Perk test first? COUNCIMLAN PUL VER-I have a problem with that only because we are going to single this particular person out and make him, we are going to require something of him that we wouldn't require of anyone else who had a lot that had a variance at this point. But if we are going to require perk tests then I want the Planning Dept. to research it to come forward with a plan to put this in our ordinance and a resolution to the Town Board to pass. COUNCILMAN MONAHAN-Carol if you remember right Inspiration Park that has town water still had to have perk tests for every single lot. COUNCILMAN PULVER-That is when they went through the whole, when they were going through subdivision it was required it was not required. COUNCILMAN MONAHAN-It was required by the Town Board in the rezoning. COUNCILMAN PUL VER- That was exactly the time it should have been... vote taken. 1.2 SEWER VARIANCE DONALD BRESS NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the hearing. Anyone? Yes. MRS. PEGGY BRESS-Hi, I am Peggy Bress, I do not know..we need a variance from our own well. We are far enough from all the neighbors but the front of our yard is close to the side so we need ..from our own well. SUPERVISOR CHAMPAGNE-So, you are seventy five rather than one hundred feet is that what we are dealing with here? DIRECTOR GORALSKI -Yes. SUPERVISOR CHAMPAGNE-Is there anyone here to speak against this project? COUNCILMAN GOEDERT-Direct compliance with all your neighbors? MRS. BRESS-They all know about it they have no problem. SUPERVISOR CHAMPAGNE-It sounds like an easy one to me. Anyone else care to get involved with this discussion? How about the Board, if not I will close the public hearing and we will.. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR DONALD BRESS RESOLUTION NO.: 39.97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Donald Bress previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 100'separation between the absorption field and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on November 17, 1997, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to Mr. and Mrs. Donald Bress allowing the placement of the absorption field 75' from his well in lieu of the required 100' distance on property situated at 1285 Ridge Road, Town of Queensbury, New York, and bearing Tax Map #: Section 51, Block 1, Lot 18. Duly adopted this 17th day of November, 1997, by the following vote: AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: None DISCUSSION HELD AT TIME OF VOTE: COUNCILMAN MONAHAN-I might point out that the lot size of this lot is 1.87 acres. RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 40.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of Health is hereby adjourned and the Regular Session is resumed. Duly adopted this 17th day of November, 1997 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None 2.0 CORRESPONDENCE NONE 3.0 RESOLUTIONS RESOLUTION ADOPTING 1998 ANNUAL TOWN OF QUEENSBURY BUDGET RESOLUTION NO.: 425.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury met on November 6, 1997 at the time and place specified in the Notice of Public Hearing and heard all persons desiring to be heard concerning the 1998 Preliminary Budget, and WHEREAS, ~27 of the Town Law provides for the setting of salaries of Elected Officials of the Town, NOW, THEREFORE, BE IT RESOLVED, that the salaries for the Town of Queensbury Elected Officials shall be as follows: Supervisor Town Councilpersons (4) Town Clerk Highway Superintendent Town Justices (2) $49,130. per annum; $12,360. per annum; $43,560. per annum; $55,620. per annum; $28,645. per annum; and BE IT FURTHER, RESOLVED, that the amendments to the Preliminary Budget shall hereby be as follows: Fund Net Increase Description! (Decrease) to Account Title Fund Balance Account Number Estimated Expenditure Revenue General Fund 001-: Traffic Light Coordinator 3310-1 [30 1] Traffic Light Coordinator 3310-1 [30 1] Add'l Traffic Light Repair Expenses 3310-4[400] 3,000 3,000 6,000 Handicap Access - Town Office Building 1620-4[400] 8,000 Assessor: -ORPS Revenue for STAR 0001-3040 -STAR Administration Expenses 1355-1[078] -Increase Equipment Expense 1355-2[010] -Decrease Contractual Expense 1355-4[741] 4,617 1,500 150 (150) 4,617 21,500 (16,883) Highway Fund 004-: Warren County Snowplow Contract -Revenue -Payroll Contingency -Snow Contractual -Brush & Weeds Contractual 0004-2300 1990-1 [002] 5142-4[400] (102,980) 51400-4[400] (57,980) (40,000) (5,000) Total Highway Fund o (102,980) (102,980) Transfer Stations 910-: Due to Change in County Contract -Hauling 8016-4[454] -Sale of Scrap and Excess (metals) 0910-2650 15,500 6,000 Total Transfer Station Fund 6,000 15,500 (9,500) TOTAL ALL FUNDS (92,363) (65,980) (26,383) and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the 1998 Preliminary Budget as amended as the Town of Queensbury Annual Budget for 1998 and directs that such Budget be entered in the minutes of the proceedings of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall prepare and certify duplicate copies of said Annual Budget as adopted by the Town Board of the Town of Queensbury and deliver one copy thereof to the Town Supervisor of the Town of Queensbury, who shall thereafter present it to the Warren County Board of Supervisors. Duly adopted this 17th day of November, 1997, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned the Traffic coordinator is that in or out? SUPERVISOR CHAMPAGNE-We have added some funds in there, there will be discussion in executive session. COUNCILMAN PUVLER-Questioned if there has been any further changes sense the last meeting? CONTROLLER HESS-Noted the six thousand added for the Traffic Light coordinator... a change in code for revenue in the transfer station... SUPERVISOR CHAMPAGNE-We are still holding the same tax rate as far as town tax is concerned. RESOLUTION AMENDING 1997 BUDGET TO INCREASE APPROPRIATIONS AND AMEND FUND BALANCE RESOLUTION NO.: 426.97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Warren County Board of Supervisors, by Resolution No. 504 of 1997, authorized and directed the Clerk of the Board of Supervisors to charge various towns in Warren County, including the Town of Queensbury, for certain real property tax debits, and WHEREAS, the Town Board of the Town of Queensbury desires to settle this obligation using current surplus fund balances or current appropriations rather than increasing the 1998 tax levy, and WHEREAS, the affected funds have sufficient surplus fund balances and have met New York State Comptroller's requirements for the appropriation of fund balance during the fiscal year or have sufficient current appropriations, 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 by increasing appropriations in the following funds and accounts: Fire Protection - 05-1930-4400 (Judgments & Claims) $ 9,800.98 Queensbury Lighting Queensbury Water - 25-1930-4400 (Judgments & Claims) 1,451.76 - 40-1930-4400 (Judgments & Claims) 13,964.87 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves a budget adjustment for the Quaker Road Sewer Fund from Account No. 32-8130-4425 (Glens Falls Sewer Contracts) to Account No. 32-1930-4400 (Judgments and Claims) in the amount of$3,263.05, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller's Office to make any necessary adjustments, transfers, or prepare any necessary documentation to effectuate the terms of this resolution. Duly adopted this 17th day of November, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMP AGNE- These are the debts sent back to the town by the county as the result of decreasing assessed value within the county. These are the make up dollars and what we are trying to do is to make those dollars up out of the 1997 budget rather than being going into a deficit in the 1998 budget. CONTROLLER HESS-They could be added to the tax levy for 98 and this is a lieu of that. SUPERVISOR CHAMPANGE-In fire protection, judgment and claims nine thousand eight hundred dollars, Queensbury lighting we owe a thousand four fifty one that too will be coming out of judgment and claims, Queensbury Water we have a deficit of thirteen thousand nine hundred and sixty four dollars to be paid for out of Queensbury W ater. Vote taken. RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.:427.97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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: HIGHWAY: FROM: TO: $ AMOUNT: 04-5110-1470 (Working Foremen) 04-5130-4400 (Misc. Contractual) $10,000. 04-5110-1400 (Laborer A) 04-5130-4400 (Misc. Contractual) 5,000. 04-5110-1450 (MEO) 04-5130-4480 (Tires) 3,000. WATER: 40-8340-4800 (Repair Services) 40-8340-2050 (Radio Equipment) 369. 40-8340-4320 (Service Material) 40-8330-4270 (Chem. & Glassware) 1)06. 40-8340-1570 (Main. Man II) 40-8320-1841-002 (Lab. Oper. OT) 1,000. 40-8340-1570 (Main. Man II) 40-8310-4100 (Telephone) 2,000. WATER (Cont.): 40-8340-4291 40-8320-4240 5,000. (Meters) (Plant Repair Parts) and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 17th day of November, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS FOR COMPLETION OF F AIRWAY COURT TO KENNETH M. COLLETTE AND LAURA M. COLLETTE RESOLUTION NO.: 428.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 281, 93, accepted the dedication of Fairway Court, and WHEREAS, as part of said resolution, the Town Board accepted a certified check in the amount of $7,000.00 and Escrow Agreement promising to complete the road from Kenneth and Laura Collette, and WHEREAS, Paul H. Naylor, Town Highway Superintendent has advised that he has performed the final inspection of the top coat of black top on Fairway Court and it does meet with the Town of Queensbury's specification, and therefore, Mr. Naylor has recommended the release of the $7,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the release of the amount of $7,000, plus all accrued interest, to Kenneth M. Collette and Laura M. Collette. Duly adopted this 17th day of November, 1997 by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING CARRY OVER OF VACATION TIME FOR JOANN HICKS RESOLUTION NO.: 429.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, JoAnn Hicks has requested that she be allowed to carry over two (2) vacation days past her hiring anniversary date of October 17, 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes JoAnn Hicks to carry over two (2) vacation days past her hiring anniversary date of October 17, 1997, such vacation days to be utilized prior to December 31, 1997. Duly adopted this 17th day of November, 1997 by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 430.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: Queensbury Water Fund TO: West Glens Falls Water Fund $ AMOUNT 2,500. and BE IT FURTHER, RESOLVED, that the Town Controller is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Controller shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Controller shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 17th day of November, 1997, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 431.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1997 budget: HIGHWAY: FROM: TO: $ AMOUNT: 04-5110-1470 (Working Foremen) 04-5130-4400 (Misc. Contractual) $10,000. 04-5110-1400 (Laborer A) 04-5130-4400 (Misc. Contractual) 5,000. 04-5110-1450 (MEO) 04-5130-4480 (Tires) 3,000. WATER: 40-8340-4800 (Repair Services) 40-8340-2050 (Radio Equipment) 369. 40-8340-4320 (Service Material) 40-8330-4270 (Chem. & Glassware) 1)06. 40-8340-1570 (Main. Man II) 40-8320-1841-002 (Lab. Oper. OT) 1,000. 40-8340-1570 (Main. Man II) 40-8310-4100 (Telephone) 2,000. WATER (Cont.): 40-8340-4291 (Meters) 40-8320-4240 (Plant Repair Parts) 5,000. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 17th day of November, 1997, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED OF LOCAL LAW NO. _, 1997 A LOCAL LAW TO AMEND CHAPTER 179 THE CODE OF THE TOWN OF QUEENSBURY TO ADD A NEW ~179-73.1 ENTITLED, "TELECOMMUNICATION TOWERS" RESOLUTION NO. 432.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver 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 Chapter 179 of the Code of the Town of Queensbury to add a new ~ 179-73.1 entitled, "Telecommunication Towers," which Law shall provide standards for the safe provision of telecommunications within the Town of Queensbury consistent with applicable Federal and State regulations, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law and Article 16 of the Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, 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 1st day of December, 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 17th day of November, 1997, by the following vote: AYES Mrs. Pulver. Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES None ABSENT: None Discussion held before vote: Board agreed to change wording in document to just Telecommunication towers eliminating overlay zone. . . Councilman Turner-Questioned the use of bonding regarding the taking down of old towers.. . Director Goralski-Noted he had contacted a company and was told that they never have had to post a bond, the others have not returned my call. Will keep working on that, noted the other areas with laws that were checked have no bond requirements in their laws. . . 4.0 PLANNED DISCUSSION 4.1 OLD BUSINESS-NONE 4.2 NEW BUSINESS-NONE 5.0 TOWN BOARD MATTERS NONE 6.0 ATTORNEY MATTERS NONE 7.0 OPEN FORUM MR. BOB VOLLAOO-Representing the Queensbury Bay Bridge Home Owners Association-Member of their Board-Noted that they have a letter before the town board dated October 31st. regarding eleven point one acres along Walker Lane, working being done there by Mr. Richard Schermerhorn.. . requested that the board look at the subdivision law, noted he had spoken with Mr. Schermerhorn, and asked him what he planned to do and he said he did not know, might build my own house, I might subdivide but I do not know. What I see those words doing is subverting the intent of what is in the zoning. I could continue to tell you that I really do not know and I could treat those eleven acres as a non-subdivision entity doing all the work I want to do on that because I am circumventing the subdivision requirement and then when I am all done I will tell you I am going to subdivide. The way I see that is intentional subversion of these words, I do not think that is right. We are not saying that he is not entitled to build there but I would like him to comply with the rules as written. SUPERVISOR CHAMPAGNE-Noted he had met by Mr. Vollaoo I then followed up with John Goralski and David Hatin and reviewed the ordinance, what they are saying has merit but the real question is subdivision, to this date my understanding and from what I gather reading the ordinance everything that is being done there certainly has some communication with the owner, at this point Mr. Schermerhorn doesn't even own the property, if there is a problem between the owner and Mr. Schermerhorn that becomes a civil matter, our next issue is the fill that is being brought in and cutting trees that is where I rely on John Goralski and Dave Hatin to tell me what degree are the trees being cut and what rights and privileges does he have in order to accomplish that. The message that I have gotten back this man is doing what he is entitled to do. If he is cutting trees in there where there is clear cutting that can be identified then he is going to be in trouble subdividing. Until we get a site plan we do not know what his scheduled plans are. Mr. V ollaoo- He is perfectly within his rights if he wants to put one house on 11.1 acres, but I see what he is doing is remaining silent to subvert the intent of the sketch plan. COUNCILMAN PUL VER- He cannot build one house unless he has building permit and as soon as he builds a house he has to come in with a plan and if he is going to subdivide that then it has to be at that time. COUNCILMAN MONAHAN-What Mr. Vollaro's point is, is that he is changing the character of the land and he is doing it before he applies for a subdivision therefore there is nothing that the town can do and that is a fault in our ordinance. TOWN COUNSEL SCHACHNER-My understanding is that the argument has been presented to the Zoning Administrator and he has reached the conclusion that there is nothing in violation of our zoning ordinance, the board is saying pretty much the same thing and I think all those conclusions are reasonable conclusions under the language of the ordinance. SUPERVISOR CHAMPAGNE-Questioned if it was within the realm of an ordinance that says the owner of the property shall not touch his property by filling or cutting a twig or for whatever reason, how tight can you write that ordinance? TOWN COUNSEL SCHACHNER-Noted that there are zoning ordinances that govern clearing and filling even without subdivisions or related projects. COUNCILMAN TURNER-Questioned the filling of the lot that he does not own, he is changing the character of the lot. DIRECTOR GORALSKI-He is not proposing a subdivision, the subdivision regulations do not apply. . . COUNCILMAN ELECT DOUGLAS IRISH-Noted Coucilman elect Merrill and himself viewed the property by invitation of Mr. V ollaoo. . . when you view the property it is obvious what he is going to do with it, he has built roads in there he has cleared the lot, probably more than fifty percent of the lot. Read the subdivision regulations and apparently he is not in subdivision yet but I think at a certain point in time you have got to start getting ahead of these guys that are trying to circumvent some of the laws here in town. If you want to stick to the letter of the law that is fine he is not doing anything wrong but I think you need to be concerned with the spirit of the law as well. I think if you get the subdivision he has got a case to be made for saying I did not clear the lot because I did not take down all the six inch trees which is true. It is also true that there is a lot of new growth trees in there that are three and four inches that he did clear. There is a lot of clay in there he has brought in a lot of sand on top of that when he does a perk test is he going to get a true reading those of the types of things that people are concerned with. SUPERVISOR CHAMPAGNE-Rightfully so I can fully agree with that however in our case it has got to stand up in court. COUNCILMAN ELECT IRISH-Somebody needs to make Richard Schermerhorn aware that you are not going to be pulling any shady deals in clearing lots and building houses because you are skating on the outside of the law. I certainly will not stand for that when I am on the board and I know that you do not want to do anything like that so. I was a little concerned when Bob heard from a couple of people in the Planning Department they told him that nobody was doing anything wrong there. COUNCIMLAN PULVER-He is not doing anything wrong there. COUNCILMAN ELECT IRISH-He is not doing anything wrong there if he is going to build one house and I think somebody should make that point to hirn. If you come back to us to subdivide the property, there has been pictures taken of the lot, he had surveyors there the day I was there, I do not know how many times you need to survey a lot to know where the boundaries are, . . . SUPERVISOR CHAMPAGNE-I am going by my counsel...we have to be prepared to go to court and defend ourselves and at this point. . . COUNCILMAN PULVER-We cannot force someone to do something unless we have the rules and regulations to back it up. COUNCILMAN ELECT IRISH-Questioned if he finished his basement and no one can see it from the road am I in compliance if I do not get a building permit? DIRECTOR GORALSKI-What does that have to do ... it is not the same thing, they are not in violation of any ordinance or regulation of the Town of Queensbury if you finish your basement without a permit you will be in violation of the N.Y. State Building codes period. COUNCILMAN ELECT IRISH-If he comes back to the Town Board or the Planning Dept. and says I want to subdivide after he has done all this he will not have any problems is that right? COUNCIMLAN MONAHAN-Questioned when the land was altered on Sunnyside for the motorcycle track the jumps were taken down because you cannot alter property without a permit.. . now why are we letting this other guy alter property and saying it is ok. This is what the people out there have a hard time understanding, we have a different standards in this town. TOWN COUNSEL SCHACHNER-That determination was made on the basis that that was alteration of a pre-existing non-conforming use. MR. VOLLAOO-Requested a letter from John or Fred or both or a letter from the board stating what you have said in response to my letter. SUPERVISOR CHAMPAGNE-Sure. COUNCIMLAN MONANAN-I would suggest that you look at 179-65 and see if it is in there because that is in zoning it is not in subdivision, there maybe something there I do not know. . . . MR. JOHN SAL V ADORE-It seems to me that only the owner of the land can be responsible for what is going on now... 2. I would ask how the town's Community Development Dept. will define the existing grade on that site at the time the septic system have to be installed, the grade before the filling or the grade after the filling? .. the filling that is going on is for one reason, to get out of the ground water. . . . .. Re: bridge over Quaker Road SUPERVISOR CHAMPAGNE-We do have a new plan for the bridge now, there is a new version of the old bridge that was not built and will be available at the next workshop. . . two sections, from south side of Quaker Road and a section to go across Quaker and a second section across Halfway Brook and land by W oodvale. . . MR. SALVADORE-Are there any plans for the movement of the North Queensbury Wastewater Management program? DIRECTOR GORALSKI-I have not heard anything since they were trying to determine where the ledge was. SUPERVISOR CHAMPAGNE-Noted he has not received the results of the rock survey... spoke about additional funding for the project.. MR. SALVADORE-Passed out to the Board the Warren County Tourism booklet.. . noted page 24-25 the county efforts to give back something to the communities, noted phone no. is that of ARCC... noted he is not a member of ARCC... Town should have the right representation.. . page 49 County is getting into the business of advertising real-estate. . .I do not think it is the proper place for taxpayer money to be advertising my business. . . the County states that it behooves us to advertise sales tax collecting operations because we get a cut. . . noted there is no sales tax on the rental of these properties. . . COUNCILMAN MONAHAN-Questioned if the ads are paid for by the participant? MR. SAL V ADORE-Yes. Page 63 Ad for Dunhams Bay. . . the important issue is guaranteed safe drinking water. . . noted we are changing our staffing requirements this winter to accommodate the influx of inquiries that we have had as the result of this ad. . . Chlorine free drinking water. MRS. BARBARA BENNETT -Speaking to Controller Hess, it is quite an accomplishment to turn out the budget. . . questioned why certain items are not broken down such as telephone, soft ware and hard ware... CONTROLLER HESS-Reviewed with Mrs. Bennett how the budget was arrived at.. . noting shared services such as telephone and mailings. . . MRS. BENNETT-Suggested that next years budget be broken down more to see exactly what is being spent by a department. CONTROLLER HESS-We will consider that when a new budget is adopted next year. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 433.97 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 moves into Executive Session to discuss Personnel/litigation and Salary concerns, non -union. Duly adopted this 17th day of November, 1997 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 434.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 17th day of November, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury