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1998-05-04 TOWN BOARD MEETING MAY 4,1998 6:30 p.m. MTG.#19 RES. 176-191 B.O.H. 14-16 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN CONTROLLER HENRY HESS RESOLUTION CALLING FOR EXECUTIVE SESSIOIN RESOLUTION NO. 176.98 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Water Department Salaries. Duly adopted this 4th day of May, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 177.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 4th day of May, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None PLEDGE OF ALLEGIANCE LED BY COUNCILMAN IRISH 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 178.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted bhis 4th day of May, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR CHARLES AND LILLIAN ADAMSON RESOLUTION NO.: 14,1998 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Charles and Lillian Adamson have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a three feet (3') distance between the absorption field and the property line in lieu of the required ten feet (10') distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 18th, 1998, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Charles and Lillian Adamson to allow a three feet (3 ') distance between the absorption field and the property line in lieu of the required ten feet (10') distance on property situated at Lake Parkway - Assembly Point, Town of Queensbury, New York, and bearing Tax Map No.: 9-1-10 and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within five-hundred feet (500') of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None 1.2 DISCUSSIONS A. GERTRUDE SMITH - ALTA AVE.-GARBAGE David Hatin-Director of Building and Codes- Gertrude Smith lives on Alta Avenue/Veterans Road.. . estimated six months of garbage on the property, Mrs. Smith was issued a summons back in November, Small Claims Civil Action, the town was awarded a $500. Fine, Mrs. Smith cannot pay the fine nor can she pay to pick up her garbage ... photos shown... Town Counsel Schachner-We will prepare a resolution to schedule a public hearing we would give sixty days notice to clean up the property, is the property is not cleaned up you can then proceed accordingly. Town Board agreed... B. PAM HARRINGTON - 30 WINTERGREEN ROAD/GARBAGE David Hatin-Director of Building and Codes-The situation is similar at 30 Wintergreen, the property is in foreclosure, the daughter was living at the property, the parents are both deceased. Apparently she has not paid the mortgage or whatever they have left to owe on the property the bank is foreclosing. She claims she does not live there anymore, I got word through a neighbor that one of the other daughters or sons is dumping garbage in the garage now, noted that approximately 30 bags of garbage was found in garage. . . photos shown... the same situation here Chris had taken her to court there was a fine against her she has not paid the fine she won't pay to pick up the garbage and says that she is no longer living there. Councilman Irish-No one is living in the house? David Hatin-Director-from what we have been told, no, but she has been seen on the property so we are not positive she is not living there. Councilman Irish-How bad does a house have to be before you condemn it? Structurally unsound or can you do it for health reasons? Town Counsel Schachner-If you mean to declare it a hazard and ultimately take action by removing the garbage or doing whatever ourselves, it has to be declared a public health hazard and typically you do that during this process that I referred to earlier. You have emergency powers to step in immediately only if there is immanent threat to public health, typically that would happen when there is a threat to a public water source. Councilman Merrill-Garbage like that induces rats and so forth, couldn't it be declared a health hazard on that basis. Town Counsel Schachner-You could generally when the town is looking to do that the board calls the health officer to make a determination. Director Hatin-I can contact Dr. Evans if you would like. Board requested that Dr. Evans report on both sites. . . C. Director Hatin noted that there is another location with the same situation, do not know who owns the property, there is a foreclosure.. . location: Country Colony... Supervisor Champagne-Noted Councilman Merrill and myself will visit the site... D. SCHERMERHORN-WALKER LANE, TOWN HOUSE PROJECT TOM NACE-NACE ENGINEERING-Representing Rich Schermerhorn-The Building Department has determined that we need a variance for section 136 8 paragraph E of the Sewage and Sewage Disposal Code. This section reads, 'all septic tanks must be installed below the grade as it existed prior to the installation of the septic tank.' In this case and many other cases septic tanks are installed below grade but the grade is modified during the construction of the site to raise the grade for various purposes not necessarily just to cover the tank. In this case the grade would be where we established it whether the septic tank was there or not. It is done for the general landscaping and site grading purposes, the tanks are below that grade but they are above the grade as it existed prior to anybody touching the site. I would like the board to make a interpretation of that section of code so that anytime that somebody wants to build a house and needs two feet of fill in front lawn where he is going to put the septic tank does not have to come in for a variance. . . .looked at the minutes of the meeting when the law was adopted and the minutes distinctly say, that the Town Board members, Dave, Jim Martin were all stating that it really meant the grade immediately before the septic tank was installed, that was what was meant by existing grade. Director Hatin-I think what we are looking for to have something in black and white that says that if you fill a lot and the septic tank is placed in that fill that is in conformance with the ordinance. Discussion held by the Town Board-the Board requested that Executive Director Round review the language in the code and come up with better wording to amend the code. . . Board agreed to over rule Dave Hatin's decision. RESOLUTION OVER RULING DECISION OF DIRECTOR OF BUILDING AND CODES RESOLUTION NO. 15.98 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, to proceed to overrule David Hatin's decision on the septic tank installment at the Walker Lane, Schermerhorn, Town House project. Duly adopted this 4th day of May, 1998 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 16.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Dick Merrill RESOLVED, that the Queensbury Board of Health is hereby adjourned. Duly adopted this 4th day of May, 1998 by the following vote: AYES: 2.0 CORRESPONDENCE 3.0 TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN TURNER-Highway Committee Meeting April 30th discussed the following: Drainage on Cronin Road no decision at this time, paving schedule in order there will be a tour on Wednesday, sidewalks-how to take care of them, policy being considered to have the sidewalks that front the residents home they take care of their own sidewalks, Dunhams Bay-we are going to do drainage first and paving as it exists now, Queensbury Forest Drainage, talked about the Clute property on Fifth and Caroline-that is in reference of a trade in property to re-align the road at Richardson Street. COUNCILMAN IRISH-GIens Falls Queensbury Committee met Friday the 1st. in attendance, Diane Barber from Glens Falls, Chris Hunsinger from Warren Washington County Regional Economic Development, Howard Shames sat in and we have a discussion on where we would like to see the two communities work together on Economic Development. .. Also discussed Coles Woods, apparently it is not simple as we thought it would be, we are still discussing that.. .Re: proposed Youth Center on Veterans Avenue, according the Bud Taylor that is not going to happen in that spot. . . talked about a payment plan through the Town for town employees to take advantage of season seats at the Civic Center where they would have money taken out of their checks like a Christmas Club and the town would pay for the season seats and Glens Falls is also interested in doing something along those lines we are also trying to get area businesses to generate season seats sales. . . will meet again in June. COUNCILMAN MERRILL-Reported on Glens Falls Transit, searching for replacement for Scott Softcheck, we have interviewed an number of candidates. . make a recommendation next week. . . . Comprehensive Land use Committee I sat in on a meeting on Saturday there will be a few more meetings to finalize the draft before it is presented to the full board.. . and released to the public for comment. COUNCILMAN TUCKER-Noted an individual was brought to court for dumping garbage and dead cat on the road... the individual plead not guilty, he was asked if he had a lawyer he did not and the judge appointed a lawyer and postponed the case until June 8th... we not only had to pay to pick up the garbage, take the time to have him arrested, now we have to pay for the lawyer to defend hirn..question if this was a good idea to do that anymore. . . Requested permission to get prices for Street lights on Big Boom Road, four lights, (Board agreed) 4.0 OPEN FORUM ON RESOLUTIONS NO COMMENTS 5.0 RESOLUTIONS RESOLUTION ENGAGING SERVICES OF NACE ENGINEERING, P.c. TO DETERMINE FEASIBILITY OF EXTENDING EXISTING STORM SEWER ON LUZERNE, VAN DUSEN AND CORINTH ROADS TO ALLOW CONNECTION OF EXISTING QUEENSBURY FOREST SUBDIVISION DRAINAGE SYSTEM RESOLUTION NO.: 179.1998 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a professional engineering firm to determine whether the existing storm sewer running along Luzerne, VanDusen and Corinth Roads and tributary to Clendon Brook at Corinth Road has sufficient capacity to allow for the connection of the existing Queensbury Forest Subdivision drainage system, and WHEREAS, Nace Engineering P.c., in their letter-form proposal dated April 27th, 1998 has offered to perform the proposed engineering services for an amount not to exceed $4)00 which includes the subcontracted cost of surveying services to be performed by VanDusen and Steves Surveyors, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Nace Engineering, P.c. to provide the engineering services described above at a cost not to exceed $4)00, including the subcontracted cost of surveying services to be performed by VanDusen and Steves Surveyors, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN IRISH-The forty three hundred includes the cost of surveying services, didn't we already pay for surveying services? Tom Nace-that is additional surveying work, we have to go into each of the manholes along the existing system, pull the covers, get inverts of the pipe, look at the condition of the pipe so there is more work to be done. Councilman Tucker-this does not take effect until we know the right of way from Niagara Mohawk? Supervisor Champagne-this would be contingent on that. VOTE TAKEN RESOLUTION HIRING JAMES GERRARD AS PART-TIME COURT OFFICER RESOLUTION NO. : 180. 1998 INTRODUCED BY : Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Hon. Michael Muller, Queensbury Town Justice, has advised the Town Board that it is necessary to hire a part-time Court Officer due to the death of former Court Officer Walter Donovan, and WHEREAS, Judge Muller has conducted interviews for the position and has recommended that the Town Board hire Mr. James Gerrard, and WHEREAS, the Town Board of the Town of Queensbury concurs with Judge Muller's hiring recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Hon. Michael Muller to hire Mr. James Gerrard as a part-time Court Officer, effective Tuesday, May 5th, 1998, at the rate of $8.50 per hour for the first 60 days of provisional employment and thereafter at the regular hourly rate established for the part-time Court Officer position, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment in the regular amount to Mr. Gerrard for service of any paper required by Town Court or any Town of Queensbury Department and the reimbursement of $.30 per mile to Mr. Gerrard for use of his own automobile while on Town business, and BE IT FURTHER, RESOLVED, that Judge Muller and/or the Town Supervisor are hereby authorized and directed to complete any necessary forms to effectuate this Resolution, and BE IT FURTHER, RESOLVED, that the hourly wages for the part -time Court Officer position shall be paid for from the appropriate Town of Queensbury payroll account. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING RENEWAL AGREEMENT BETWEEN WARREN COUNTY, ACTING FOR AND ON BEHALF OF THE WARREN-HAMILTON COUNTIES' OFFICE FOR THE AGING, AND THE TOWN OF QUEENSBURY RESOLUTION NO. 181. 1998 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the County of Warren, acting for and on behalf of the Warren-Hamilton Counties' Office for the Aging, has presented the Town Board of the Town of Queensbury with a Renewal Agreement providing for the County's payment to the Town in the sum of $6,607 for the Town's provision of a transportation for the elderly program for 1998, and WHEREAS, a copy of the Renewal Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Renewal Agreement presented at this meeting and further authorizes and directs the Town Supervisor to execute the Agreement and take any further steps necessary to effectuate its terms. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES (TERRY HEINZ) RESOLUTION NO.: 182.1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Terry Heinz, on behalf of Dexter Shoes, has made an application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license for a display area for 3-wheel conversions for motorcycles at 1499 State Route 9 from June 1st through June 6th, 1998 from 9:00 a.rn. to 9:00 p.rn., in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously forwarded the application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, the Queensbury Planning Board will consider this Transient Merchant and/or Transient Merchant Market License application at its May 19th, 1998 meeting, and WHEREAS, the Warren County Planning Board will also consider the application at its May 13th, 1998 meeting, and WHEREAS, the Town Board of the Town of Queensbury desires to schedule a public hearing on the application as is also required by Chapter 160 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a public hearing will be held regarding the request for a Transient Merchant/Transient Merchant Market License for Dexter Shoes (Terry Heinz) on the 18th day of May, 1998 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York and at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall give notice of said public hearing to the applicant and owners of property within 500 feet of the applicant's property by regular mail and that a notice of said public hearing shall likewise be published in the official newspaper of the Town a minimum often (10) days prior to the time of the hearing, and BE IT FURTHER, RESOLVED, that the notice of public hearing shall contain the name of the applicant, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board, i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by Town Counsel. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION ENGAGING ENGINEERING SERVICES OF THE SEAR-BROWN GROUP IN CONNECTION WITH THE PROPOSED EXPANSION OF THE AVIATION MALL RESOLUTION NO.: 183.1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 159,98, established an Escrow Account to provide for extra engineering and review fees that will be necessary in connection with the Pyramid Corporation of Glens Falls' proposed expansion of the Aviation Mall in Queensbury, and WHEREAS, the Town Board of the Town of Queensbury and Christopher Round, Executive Director of Community Development have considered and/or interviewed various engineering firms to provide the extra engineering and review services relative to the proposed expansion project, and WHEREAS, The Sear-Brown Group, in their proposal dated April 22nd, 1998, has offered to perform the necessary engineering and review services, primarily in connection with the SEQRA review of the proposed expansion project, for an amount ranging between $8,000 to $16,000, depending upon the official scope, public input and comments regarding the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of The Sear-Brown Group to provide the engineering and review services described above for an amount ranging between $8,000 to $16,000 depending on the official scope, public input and comments regarding the proposed expansion of the Aviation Mall, such services to be paid for from the newly established Escrow Account referred to in Resolution No. 159, 98, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Tucker-Noted it should be made public that these people have worked for Pyramid. Executive Director Round-spoke to the board regarding the selection of Sear-Brown..noted that they interviewed several consultants? Noted Sear-Brown disclosed that they are doing environmental site assessments for Aviation Mall and other Pyramid land holdings. Frank Bumblo- Sear-Brown - the work that we were doing was for Phase I audits, on twenty two sites of Pyramids, that is for purposes Environmental Review of the properties, structural review of their properties and one of those properties did include Aviation Mall. That work at this point in time is completely done we still have a contract through another one of our offices in Rochester to review, continue to review on some of the other permit projects. Councilman Merrill-In good faith you have done some work for us is that correct. Mr. Palumbo-Yes I have. Councilman Merrill-You have clocked hours? Mr. Palumbo-yes I have. Mr. Merrill- that would be charged against this resolution if we do not pass this resolution I trust there will be a separate billing or no billing? Mr. Palumbo-We proceeded with the full knowledge that your board still had to act on it and that was our risk. VOTE TAKEN RESOLUTION REVISING WAGE AND SALARY STRUCTURE RESOLUTION NO.: 184.1998 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury by Resolution No. 123,96, adopted a Wage and Salary Structure (Structure) for the Town of Queensbury as part of the Salary Administration Program in Section 10 of the Town's Employee Management System handbook, and WHEREAS, the Town Board of the Town of Queensbury wishes to revise the Structure as proposed in the two (2) documents presented at this meeting entitled, "Town of Queensbury Non-Union Position/Grade Schedule" and "Town of Queensbury Non-Union Salary Structure," each revised on May 4, 1998 by the Town Controller, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the revisions to the Town of Queensbury Wage and Salary Structure as presented at this meeting and authorizes and directs the Town Controller to enter these revisions as new pages 25 and 26 of the current Salary Administration Program in Section 10 of the Employee Management System Handbook. Duly adopted this 4th day of May, 1998 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE-Supervisor Champagne-we have increased the wage and salary structure by three percent, this is the first year of increasing the structure itself. VOTE TAKEN RESOLUTION ADOPTING MANAGEMENT SALARY STRUCTURE EFFECTIVE JANUARY 1, 1998 RESOLUTION NO.: 185.1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury by Resolution No. 455, 97, authorized retroactive salary adjustments for non-union employees effective January 1, 1998, and WHEREAS, the Town Board of the Town of Queensbury is now prepared to adopt a new management salary structure for 1998 as proposed in the Memorandum dated May 1, 1998 from the Town Controller to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the new management salary structure for 1998 as follows: ANNUAL SALARY NAME POSITION EFFECTIVE: 1/1/98 Helen Otte Richard Missita Harry Hansen Michael Shaw Perley Rice Rodney Mosher James Coughlin Steve Lovering Assessor Deputy Highway Superintendent Director Parks & Recreation Dept. Superintendent Wastewater Director Buildings & Grounds Cemetery Superintendent Director of Solid Waste Operations Assistant DirectorlRecreation Program Specialist $ 50,780 44,005 40,985 39,936 37,150 35,970 39,420 27,060 and be it further RESOLVED, Ralph VanDusen: Effective April 21, 1998 (date he received permanent appoint as Superintendent) Annual Salary $57,500 (55,000 Water, 2,500 Wastewater) Bruce Ostrander Effective January 1, 1998 $1,100 increase for chief Operator (non-management, not exempt from overtime) new salary $42,661. Effective April 21, 1998 (date he received appointment as Part-time Deputy Superintendent) $2,000 annual stipend Henry Hess Effective January 1, 1998 Salary adjustmentto $50,177. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes that the new salary schedule shall be effective beginning with Payroll 19 (pay date - May 8, 1998) and further authorizes and directs the Town Controller's Office to include retroactive employee earnings as a separate payment with Payroll 20 on May 15th, 1998. Duly adopted this 4th day of May, 1998 by the following vote: AYES NOES None Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne ABSENT: None DISCUSSION HELD BEFORE VOTE: Supervisor Champagne, noted there is an addendum to be added with three management positions. . . agreed to by Councilman Tucker and Councilman Merrill. VOTE TAKEN RESOLUTION ADOPTING NON-UNION SALARY SCHEDULE EFFECTIVE JANUARY 1, 1998 RESOLUTION NO.: 186.1998 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury by Resolution No. 455, 97, authorized retroactive salary adjustments for non-union employees effective January 1, 1998, and WHEREAS, the Town Board of the Town of Queensbury is now prepared to adopt a new non- union salary schedule for 1998 as proposed in the Memorandum dated May 1, 1998 from the Town Controller to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the new non- union salary schedule for 1998 as follows: SALARY NAME David Hatin Susan Cipperly Timothy Burch Laura Nowicki Kathleen DuBois Clifford Grant Caroline Barber Karen Stockwell Pamela Martin SALARY NAME Kim Heunemann ANNUAL POSITION EFFECTIVE: 1/1/98 Director Building & Codes Senior Planner Maintenance Supervisor - Water Planning Assistant Principal Account Clerk Fire Marshal Deputy Town Clerk #1 Court Clerk Confidential Legal Secretary $ 40,447 35,000 36,757 26,174 33,093 31,356 29,857 28,947 28,885 ANNUAL POSITION EFFECTIVE: 1/1/98 Confidential Secretary to Supervisor 28,219 John O'Brien Joel Clugstone Kathleen Kathe Rebecca Bernard Carleen Sawyer Building & Code Enforcement Officer Building & Code Enforcement Officer Senior Coordinator Confidential Secretary to Highway Supt. Confidential Legal Secretary (30 hours per week) 28,930 26,940 24,355 24,143 18,710 Carol Finamore Marilyn Hammond Karen O'Brien Mary Winslow Kerrie Lewis Joann Hicks Judy Fish Connie Gebo Deputy Court Clerk # 1 Senior Account Clerk Deputy Town Clerk #2 Real Property Tax Service Assistant Deputy Court Clerk #2 Records Clerk Deputy Receiver of Taxes Account Clerk 27,152 25,447 24,515 24,481 21,116 24,398 23,709 23,561 and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes that the new salary schedule shall be effective beginning with Payroll 19 (pay date - May 8, 1998) and further authorizes and directs the Town Controller's Office to include retroactive employee earnings as a separate payment with Payroll 20 on May 15th, 1998. Duly adopted this 4th day of May, 1998 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Turner, Mr. Champagne NOES None ABSENT: None ABSTAIN: Mr. Turner, I will abstain from voting on the Building and Code Enforcement Officer number one and Deputy Town Clerk number 2. RESOLUTION ADOPTING SALARY SCHEDULE FOR PART-TIME AND UNCLASSIFIED NON-UNION EMPLOYEES EFFECTIVE JANUARY 1, 1998 RESOLUTION NO.: 187. 1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury by Resolution No. 455, 97, authorized retroactive salary adjustments for non-union employees effective January 1, 1998, and WHEREAS, the Town Board of the Town of Queensbury is now prepared to adopt a new salary schedule for part-time and unclassified non-union employees for 1998 as proposed in the Memorandum dated May 1, 1998 from the Town Controller to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the new salary schedule for part-time and unclassified non-union employees for 1998 as follows: SALARY NAME Pamela Stoddard Barbara Howe Elizabeth Dybas Gail St. Clair Donald Chase (Vacant) (Vacant) Charles Ruggerio SALARY NAME Rebecca Robertson Betty Eggleston Richard Burke Joseph Gordon Kevin Durkee Kenneth Libby Robert Longden Darleen Dougher Darleen Dougher Robert Evans Marilyn VanDyke and BE IT FURTHER, POSITION Assistant to Assessor Clerk - Part -time PT Real Property Tax Service Asst. Cemetery Secretary PT Senior Account Clerk Court Officer - hourly rate Court Officer - service fee School Traffic Officer - 1st two hours - after two hours POSITION School Traffic Officer - 1 st two hours - after two hours ANNUAL EFFECTIVE: 1/1/98 $ 9.61 hr 10.53 hr 11.69 hr 9.55 hr 9.93 hr 10.15 hr 17.48 per 11.33hr 8.24 hr ANNUAL EFFECTIVE: 1/1/98 $ 11.33hr 8.24 hr 13.91 hr 9.59 hr 9.59 hr 9.59 hr 9.59 hr 9.77 hr 5,305 yr 3,183 yr 3,000 yr 3,090 yr RESOLVED, that the above wages and salaries shall be applicable only after successful completion of the applicable probationary period, and BE IT FURTHER, Clerk - Part -time Laborer (PT -Transfer Station) Laborer (PT -Transfer Station) Laborer (PT -Transfer Station) Laborer (PT -Transfer Station) Laborer (PT -Transfer Station) Tax Receiver Purchasing Agent Health Officer Historian RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes that the new salary schedule shall be effective beginning with Payroll 19 (pay date - May 8, 1998) and further authorizes and directs the Town Controller's Office to include retroactive employee earnings with Payroll 20 on May 15th, 1998. Duly adopted this 4th day of May, 1998 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION REVISING SUBSTANCE-FREE WORK PLACE POLICY AND SUBSTANCE TESTING POLICY FOR TOWN OF QUEENSBURY RESOLUTION NO.: 188.1998 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury by Resolution No.: 673,95, adopted a Substance-Free Workplace Policy and Substance Testing Policy (Substance Policy) for Town employees, and WHEREAS, AMTEK Human Resource Consultants has advised the Town that the Federal Highway Administration (FHW A) of the Department of Transportation recently announced a change in the random testing rate for alcohol, which change affects all employers with commercially licensed drivers subject to the Omnibus Transportation Employee Testing Act of 1991, such that effective January 1, 1998, the random testing rate for alcohol was reduced from twenty-five percent (25%) to ten percent (10%), and WHEREAS, the Town Board of the Town of Queensbury wishes to amend its Substance Policy as required by the federal guidelines, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges the federal change in the random testing rate for alcohol from twenty-five percent (25%) to ten percent (10%) and authorizes and directs the Town Supervisor's Office to enter this revision accordingly in the Town's Substance-Free Workplace Policy and Substance Testing Policy, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute this Resolution indicating the change in the random testing rate for alcohol to all Town employees and to Convenient Medical Care, the facility which performs the drug and alcohol testing for the Town of Queensbury. Duly adopted this 4th day of May, 1998 by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION MAKING SEQRA POSITIVE DECLARATION, ACCEPTING DRAFT ENVIRONMENTAL IMP ACT STATEMENT (DEIS) AS COMPLETE, REQUESTING COMMENTS ON THE DEIS, AND SETTING PUBLIC HEARING REGARDING THE PYRAMID COMPANY OF GLENS FALLS' PROPOSED AVIATION MALL EXPANSION PROJECT RESOLUTION NO. 189.98 INTRODUCED BY Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, The Pyramid Company of Glens Falls (Pyramid) is seeking approval for a substantial expansion of the Aviation Mall in Queensbury by approximately 850,000 square feet (the Project), and WHEREAS, Pyramid is seeking various approvals from the Town of Queensbury for the Project, such approvals including rezoning of certain properties, amendment of certain provisions of the Town of Queensbury Zoning Ordinance, Site Plan Approval from the Town of Queensbury Planning Board and approval for relocation of certain water lines, and WHEREAS, Pyramid agreed to submit a Draft Environmental Impact Statement (DEIS) to the Town to accompany its application for purposes of compliance with the State Environmental Quality Review Act (SEQRA), and WHEREAS, on April 20th, 1998, the Town Board of the Town of Queensbury, by Resolution No. 160,98, forwarded Pyramid's application for rezoning and zoning amendments to the Town Planning Staff, indicated its desire to be designated as SEQRA Lead Agency for environmental review of the proposed expansion project, authorized the Town Clerk to submit Pyramid's application to the Town Planning Board for report and recommendation, and authorized and directed the Executive Director to notify all SEQRA involved agencies of the Town Board's desire to be Lead Agency and request their consent or objections within thirty (30) days, and WHEREAS, consent to the Town Board acting as SEQRA Lead Agency have been received from the two (2) SEQRA involved agencies, the New York State Department of Transportation and the Town of Queensbury Planning Board, and WHEREAS, Pyramid has presented the Town with the Draft Environmental Impact Statement and said DEIS has been reviewed by The Sear-Brown Group, the engineering firm retained for purposes of assisting the Town in connection with the SEQRA review, the Planning Staff, Town and the Town Board, and WHEREAS, in accordance with the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to SEQRA, the Town Board may now decide whether to accept the DEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed action may have a significant impact on the environment and that the SEQRA Positive Declaration is hereby authorized and issued, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Draft Environmental Impact Statement (DEIS) offered by Pyramid in connection with the proposed expansion of Aviation Mall is satisfactory with respect to its scope, content, and adequacy for purposes of commencing public review, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a public comment period to commence immediately and to terminate as of June 19th, 1998, and BE IT FURTHER, RESOLVED, that due to the magnitude of the proposed expansion project, the Town Board of the Town of Queensbury hereby establishes and sets a date for ajoint public hearing on the DEIS, rezoning and zoning amendments with the Town Planning Board to be held on June 8th, 1998, at 7:00 p.rn., in the Queensbury Activities Center, which public hearing will be held to satisfy SEQRA requirements, and BE IT FURTHER, RESOLVED, the Executive Director of Community Development is hereby authorized and directed to file and publish the Notices of Positive Declaration, Completion of Draft EIS and SEQRA Hearing in the Environmental Notice Bulletin and as otherwise required by the SEQRA Regulations, and BE IT FURTHER, RESOLVED, that the public hearing authorized herein shall be preceded by notice which must be published at least 14 days in advance of the public hearing, in a newspaper of general circulation in the area of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the SEQRA Positive Declaration, Notice of Completion of Draft EIS and Notice of SEQRA Hearing presented at this meeting are hereby approved and the Executive Director of the Community Development Department is hereby authorized to notify all SEQRA involved agencies of the public hearing, and BE IT FURTHER, RESOLVED, that copies of the Notice of Completion and SEQRA Hearing, together with the Draft Environmental Impact Statement shall be furnished and placed at the following places throughout the Town of Queensbury: 1. Queensbury Town Clerk's Office; 2. Queensbury Planning Department; and 3. Crandall Library; and BE IT FURTHER, RESOLVED, that Town Counsel is hereby authorized to approve as to form the required notices and make any necessary additions or modifications to comply with the SEQRA regulations. Duly adopted this 4th day of May, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Town Counsel outlined the changes: added the fact that you would be issuing what is called the SEQRA positive declaration and two SEQRA lead agencies Town Planning Board and the New York State DOT have received our request that the Town Board be lead agency and they have agreed to that request. Councilman Irish-In my mind the biggest impact in this although it has not been identified through the public yet is the traffic. I wonder if it does not make more sense to have DOT act as lead agency vs the Town Board. Executive Director Round-We have submitted to DOT and they have signed off. DOT will take a very active review of this project. After Discussion of the Town Board the public comment period will be terminated on June 19th and copies of the Notice of Completion and SEQRA will be available for inspection at the Town Clerk's Office, Planning Department and Crandall Library. VOTE TAKEN 6.0 PLANNED DISCUSSIONS 6.1 OLD BUSINESS COUNCILMAN IRISH-I would like to make a motion to rescind some resolutions that the prior Town Board passed with respect to Indian Ridge. Resolution numbers 355.96, 356.96 and 357.96. Due to the passage of time the pending release of the comprehensive landuse plan and the new makeup of the Town Board no action has taken place on that property and before any development takes place there I think that applicant should come back before this present Town Board and I would like to rescind those three resolutions. SUPERVISOR CHAMPAGNE-I certainly would like to look at thern. COUNCILMAN TURNER-Questioned what the resolution were? COUNCILMAN IRISH-One was the negative declaration, the rezoning and the PUD. COUNCILMAN TUCKER-This is in case they win their lawsuit? COUNCILMAN IRISH-No, I think that... I think that this Town Board would take another look at it and during the campaign you also said that if you had to do it again you would do things differently. SUPERVISOR CHAMPAGNE-I have no problem rescinding it I just want to make sure legally, Mark, this should do done at tonights meeting or should we prepared any legal. TOWN COUNSEL SCHACHNER-I did not say that it should be done or it should be done at tonight's meeting. Doug asked if whether there was any legal ramifications that we could identify meaning to the Town any problems if you will to the Town and we looked into that and there are no problems to the Town that we can identify. The only thing that I did mention although I have to say I did not mention it today but I think I mentioned last week is you could consider doing it on some kind of notice to the applicant if you do not want to do it tonight. He is correct we were asked to look into whether there were any legal detriment legal ramifications, legal liability whatever you want to call it to the Town and we could not come up with any. SUPERVISOR CHAMPAGNE-I would certainly feel more comfortable to go back and read these motions and get a better understanding of each of those motions, I think when you said that the Town Board found no negative impact, we did find some significant impacts and we found that they could be mitigated as I recall. TOWN COUNSEL SCHACHNER-I think you have to be careful of your language here the determination that you made was in fact a SEQRA negative declaration which means that your determination was that there was no significant impacts, you did find some potential impacts including some potentially large impacts but you then evaluated and EAF part III that led you to conclude that there was no significant impacts and therefore you did not need to have the preparation of an environmental impact statement. COUNCILMAN MERRILL-Certainly a lot of time has passed and I would certainly want to take a new look at this before anything was done. I support this. MR. TOM NACE- To accept a comment from the floor I would certainly ask on behalf of having been involved in this project on behalf of the applicant to certainly provide him some notice of what you are doing and to put off a vote on this until both the applicant and yourself have had a chance to look at the resolutions and be a little bit more educated exactly what you are doing. SUPERVISOR CHAMP AGNE-I guess that is where I am coming from, I think we are jumping here to some conclusions that I personally do not feel comfortable with. COUNCILMAN IRISH-WeIl, I do not know that there is a lot in those resolutions other than one was the approval of the neg dec. , one was the approval of the rezoning, and one was the approval of the PUD. I do not see what you will gain by reading through those at this. . . SUPERVISOR CHAMPAGNE-I guess Doug, I am the type of person that I just need to review those, maybe I will gain nothing but to my own self satisfaction and my personal satisfaction I just feel that I need to do some more homework and I think it is incumbent on the Board to at least notify the applicant that this is the action we are taking before it goes in the newspaper and he reads it. I can say that having voted on it a year or so ago, from my position there are some obligations here on my part that I would have to vote no to rescind. RESOLUTION RESCINDING RESOLUTIONS 355.96, 356.96 AND 357.96 RESOLUITON NO. 190.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, to rescind some resolutions that the prior Town Board passed, with respect to Indian Ridge, resolution numbers are 355.96, 356.96 and 357.96. Duly adopted this 4th day of May, 1998 by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker NOES: Mr. Turner, Mr. Champagne ABSENT: None 6.2 NEW BUSINESS NONE 7.0 TOWN BOARD WORKSHOP COUNCILMAN TURNER-Questioned when the board would take up the request of Camp Meadowbrook for sewer and extension of water? SUPERVISOR CHAMPAGNE-We left that with Ralph...will be put on for a workshop.. TOWN CONTROLLER HESS-I. ESC application has been filed and accepted and is being processed ...closing date July 30th.... Also the audit is now in progress ... RE: Year 2000 Bill Shaw has attend a meeting in Latham and we have identified some areas to be worked on ... COUNCILMAN IRISH-Questioned the software from Preston? CONTROLLER HESS-We do not have it al1... EXECUTIVE DIRECTOR ROUND-Re: Summer intern.. . noted a Junior at RIT that has excellent technical expertise that can provide us with some GIS support and also look at some complaint tracking develop inhouse. . . could help in supporting Bill and he could develop a web page ... I have provided his resume for you to review.... To be considered at the next board meeting... CONTROLLER HESS-We had talked about two interns, plus the one for Chris, we are down to two if! can share this one for the computer things that I need. EXECUTIVE DIRECTOR ROUND-Noted that clear goals will have to be established for him... SUPERVISOR CHAMPAGNE-We will meet and talk about that tomorrow. 8.0 ATTORNEY MATTERS NONE 9.0 OPEN FORUM MR. BOB VOLLARO-Need to rezone the MR-5 zone that do not have access to sewer.. it is my opinion mixing public water with septic systems is just not a good idea. MRS. BARBARA BENNETT-Questioned if the Union contract has gone through? SUPERVISOR CHAMPAGNE-No. MRS. BARBARA BENNETT -Do you expect it before the end of the year? COUNCILMAN IRISH-We hope, we are working on it. MR. JOHN SAL V ADORE-Noted that the Lake George Park Commission staff with the assistance of their legal counsel failed to carry out what we considered to be a sting operation against my wife and I during last Wednesday April monthly meeting. Noted that they applied for a class A marina operators permit servicing the waters of lake George, under the name of Dunham Resort Corp. DBA Dunhams Bay Lodge..the Commissions Council insisted that application be n the name of my wife and I. We protested that this would be illegal. . . noted a member of the commission questioned this and is now tabled. . . I will ask the Assessor at grievance day what value does property have that has a cloud of public seizure over it? Spoke about Lake George laws vs. Town of Queensbury regulations vs. Landuse plans... MR. BOB POTTER-Moon Hill, Glen lake- Requested that Mr. Merrill ride around the area with him so that he could show him some violations. . . COUNCILMAN MERRILL-I will see you afterwards... RESOLUTION ADJOURNING MEETING RESOLUTION NO. 191.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 4th day of May, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESPECTFULLY SUBMITTED, MISS DARLEEN M. DOUGHER TOWN CLERK