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1998-06-15 REGULAR TOWN BOARD MEETING JUNE 15, 1998 7:04 P.M. MTG #28 RES #230-245 BOH RES #27-32 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Helen Otte, Assessor Henry Hess, Controller Richard Missita, Deputy Highway Superintendent Ralph VanDusen, Water Superintendent Mike Shaw, Deputy Director of Wastewater Chris Round, Executive Director Of Community Development Dave Hatin, Director of Building & Codes PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD MERRILL Supervisor Champagne called meeting to order.... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 230, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - Janet & James Barcus Notice Shown 7:05 p.m. SUPERVISOR CHAMPAGNE-We'll enter into the public hearing and we'll open for the Janet and James Barcus sewage disposal. Anyone here to speak on behalf of the Barcus's? Anyone here to speak against the Barcus proposal? And you're here to DAVE HATIN, Director of Building & Codes-Answer any questions you may have. SUPERVISOR CHAMPAGNE-There you go. COUNCILMAN IRISH-Why are you here? MR. HATIN, Director-Sometimes I wonder. SUPERVISOR CHAMPAGNE-All right, I guess if there's no one for, against, we're ready to move ahead so we'll close the public hearing and let's have a vote. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR JANET AND JAMES BARCUS BOARD OF HEALTH RESOLUTION NO.: 27, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Janet and James Barcus previously filed a request for four (4) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on June 15th, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variances to Janet and James Barcus allowing: La leach field installed eighty feet (80') from the well in lieu of the required one-hundred feet (100') setback; 2.a leach field installed fifteen feet (15') from the house in lieu of the required twenty feet (20') setback; 3.a 1500 gallon septic tank installed five feet (5') from the property line in lieu of the required ten feet (10') setback; and 4.245 LF ofleach field installed in lieu of the required 312 LF ofleach field for a five (5) bedroom home; on property situated at 5 Lakeview Drive, Queensbury, New York, and bearing Tax Map No.: 46-3-21. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING - SEWER VARIANCE - Kathryn Crosse Notice Shown 7:06 p.m. SUPERVISOR CHAMPAGNE-Okay, we'll open the public hearing on a sanitary disposal ordinance for Kathryn Crosse. Anyone here to speak pro or con regarding that application, Kathryn Crosse? Hearing none, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR KATHRYN CROSSE BOARD OF HEALTH RESOLUTION NO.: 28,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Kathryn Crosse previously filed a request for four (4) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on June 15th, 1998, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variances to Kathryn Crosse allowing: 1.two 4' x 8' seepage pits in lieu of the required two 8' x 8' seepage pits; 2.a 1,000 gallon seamless septic tank five feet (5') from the house in lieu of the required ten feet (10') distance; 3.two 4' x 8' seepage pits five feet (5') from the front property line in lieu of the required ten feet (10') distance; and 4.a 4" sanitary line from the house to the septic tank, four feet (4') from the property line in lieu of the required ten feet (10') distance; on property situated at 33 Mallory Avenue, Queensbury, New York, and bearing Tax Map No.: 117-2-9. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None PUBLIC HEARING - SEWER VARIANCE - Mary Trello Notice Shown 7:07 p.m. SUPERVISOR CHAMPAGNE-Okay, we'll move onto the, opening the public hearing on the sanitary sewage disposal for Mary, I believe it's Trello. Now, do we have anyone to speak for or against Mary Trello's? Yes sir. Either one of you. MR. BOB MCMILLEN-For the record, my name is Bob McMillen. My wife and I are primary residents of the Town of Queensbury at 27 Moorwood Drive. We also have a summer cottage on Assembly Point which is two properties north of the subject property here owned by Mary Trello. I apologize for the board that I have not researched the standards that, for the granting of the variance but I notice that the resolution that's proposed states that it does require a finding that the variance is necessary for the reasonable use of the land. So, I believe one of the issues is, what is the reasonable use of the land in this case. When we bought our property on Assembly Point about ten years ago it was necessary to have it surveyed and I went to Tom McCormack, the local surveyor and he informed me that he had surveyed many of the properties in the area, showed me the maps he had including the map that he had of the Trello's property which showed that there were buildings from the original property line, there were buildings built on that property which encroached on all three boundary lines. The only thing that wasn't encroached upon was the road. This necessitated apparently boundary line adjustments at the time. The property is being used really for a, well there are three buildings on the property which house dwellings. We're not sure how many units are in each building but if the use tends to be multifamily mini commercial resort which is not quite in keeping with the residential character of the neighborhood. It appears that the only hardship that's involved here would be self imposed by severely over building on the property, over using it almost to the point of property abuse which also is detrimental to the lake because you have very little permeable ground there which is why the holding tanks are necessary. That also means you also have a lot of roof area, a lot of runoff. The buildings are not far away from the road and the road of course there runs right next to the lake. So there are, I think some real and of course, the lake is our source of drinking water right there. So there are some real health concerns and the hardship is self imposed and if anything would contribute to the reasonable use of the land, if the motion were, if the variance were denied and that meant that fewer buildings could be used, the use of the land would be much more reasonable. Thank you. SUPERVISOR CHAMP AGNE- Thank you. Anyone else? Can we take this gentleman next, please? MR. JAY SWEET, Queensbury Sewer-Jay Sweet, Queensbury Sewer. The only thing we're doing up there is putting in holding tanks. Nothing is going to be leaking out of them because we're going to be pumping them all of the time and that's only for one, the little building. The other system is all separate on the other house. COUNCILMAN IRISH-Is that a seasonal use or year round use? MR. SWEET -I think the one out back would be year round. That's where we're putting the holding tanks Ill. COUNCILMAN IRISH-Where the holding tank is going? MR. SWEET -Yea. But as they just said, there's one person going to be living there. SUPERVISOR CHAMPAGNE-So the other two are rental units that she rents out, rental units? MR. SWEET -I don't think so, I think, I don't know. There's Mrs. Trello, I think that's her home. She has her home out front and then there's a little shed like, it's not a house, there's nobody in that and the other one is a small rental property. That's all. That's where we're putting the holding tanks, for that little apartment. SUPERVISOR CHAMPAGNE-Yea, I see that. Okay, anyone else? This gentleman here. MR. JOE TORNABENE-My name is Joe Tornabene and I live right next to them, Mrs. Trello's property. Mrs. Trello is a very hard working lady, takes good care of her property but also we live there and we bought a residential home supposedly in a residential area eight years ago and the way Mary runs her property it's strictly commercial, as far as we're concerned. If she lived there by herself, it would be fine. When her and her husband was there, everything was fine but to keep on renting, more people in the house and also to the two back buildings which she has rented in the past and she has a piece of property that's two hundred by a hundred, I don't believe is big enough, even with holding tanks to accommodate that type ofliving. How many bathrooms and kitchens are permitted on this property, the size of Mrs. Trello's? We don't know but there are quite a few of them there. I would like an on site inspection of the property in regards to this done by the Board of Health inspectors. Reasonable, I don't know what you would call reasonable when you're talking about a piece of property two hundred by one hundred and putting in more holding tanks. You know if she just rented, lived in her house, her own house and rented the one apartment it wouldn't be so bad. But to continue on putting more people into that house in different levels because I believe there's almost three kitchens in that big house and one, and then three bathrooms and one kitchen and a bathroom in each of the two back buildings. I think that's probably unreasonable. We're not only talking about Mary which is a very fine lady, it's when she moves on and someone else moves into this property, what are we giving them? A place to set up multi rental places and I don't believe that's what the lake is required to do even though it is holding tanks. That's all I've got to say, thank you. SUPERVISOR CHAMPAGNE-Thank you. MS. MARY TRELLO-Hello, my name is Mary Trello. What I'm trying to do is upgrade the septic system that was there and has gone to pot and there's another guest house there and we don't rent that one. We just use it for somebody that is over, an over play from my place and it's not rented. The only one that's rented is the one that he just said for one person. SUPERVISOR CHAMPAGNE-Is that the one with three baths and three kitchens? MS. TRELLO-No, no, that's my place. SUPERVISOR CHAMPAGNE-And your place has three kitchens? MS. TRELLO-No. SUPERVISOR CHAMPAGNE-I guess I need to get that clarified. MS. TRELLO-No. SUPERVISOR CHAMPAGNE-No one building has adequate space for three families living in anyone building? MS. TRELLO-No, the only one that lives in there is me and my family and I have a large family so we use the guest house for an overflow, that's all and it's not used all year round. We only rent the other one, that's where we're putting the holding tanks in because that tank went to pot and to get that upgraded we just went to the holding tanks system. COUNCILMAN MERRILL-The main house, how many bedrooms? MS. TRELLO-One, two, three. Three bedrooms and then we have a sleeping den. COUNCILMAN MERRILL-Okay, it's listed as a four bedroom house on the assessment roll. MS. TRELLO-Well it can be for a bedroom but we just have a den. COUNCILMAN MERRILL-Yea, and that's serviced with a seepage pit. MS. TRELLO-Pardon? COUNCILMAN MERRILL-That's serviced with a seepage pit, the main house, a dry well. Dave Hatin and Tom Nace and I inspected the property and there's a failed septic system in back of the guest house that you rent. It's very close to the wetlands, there's very little space available for a conventional system so it's pretty clear that the only alternative here is a holding tank and the original proposal was to use the existing seepage pit which is hardly adequate for the main house so we ruled that out. MS. TRELLO- That's right. That's right. COUNCILMAN IRISH-I've got a question for Mark. Did we ever hear back from State DOH as far as the town being able to authorize holding tanks? TOWN COUNSEL SCHACHNER-Yea and I, before, I didn't know if you were going to take action on this tonight but before you did I was going to address that issue and the answer is we just heard back, I believe it was middle of last week and the health department, at least initially as indicated that they're not going to authorize that. And that's a generic situation by the way, it has nothing to do with Queensbury or this particular applicant. COUNCILMAN MERRILL-So that would be for year round or for? TOWN COUNSEL SCHACHNER-The health department's position and I can get the letter, actually right now I can get it if you want or I can get it as soon, you know, move on but I wondered if you might not be taking, you might not be taking action on this tonight. Obviously, you're not obligated to do that. The health department's position and I will get the letter, appears to be that they're not going to authorize any local municipality to allow holding tanks and it's written SUPERVISOR CHAMPAGNE-Year round or seasonal? TOWN COUNSEL SCHACHNER-It just says, it doesn't specify, it doesn't make any distinction. And again, it's written very generically. It's not written Queensbury specific and certainly not this applicant specific. COUNCILMAN MERRILL-I guess we'd need that before we can move on this. COUNCILMAN TURNER-Yea. COUNCILMAN MERRILL-Because there is no alternative, there's no space. COUNCILMAN TUCKER-We'd be violating the law though, wouldn't we? COUNCILMAN IRISH-Right. SUPERVISOR CHAMPAGNE-That's the way it looks to me. COUNCILMAN TUCKER-And I don't think we want to do that. SUPERVISOR CHAMPAGNE-So we want to table this? COUNCILMAN MERRILL-I think we should table it. COUNCILMAN TURNER-Yea. DEPUTY TOWN CLERK BARBER-I have a letter to read into the record. SUPERVISOR CHAMPAGNE-Yes, please. TOWN COUNSEL SCHACHNER-Yea, I'll grab the letter right now if you'd like. SUPERVISOR CHAMPAGNE-I think we're going to table it anyway and then we'll spend some time. TOWN COUNSEL SCHACHNER-Okay. That's what I thought you might be doing anyway, so. Yea, that's kind of the impression I got after the public feedback and what not. DEPUTY TOWN CLERK BARBER-This is addressed to the Town Board Members from William H. Bernard, who lives at 133 Assembly Point Road. It was my understanding that due to the septic problem at this residence that no tenants would be allowed to live there until the system was replaced. If so, why is someone living there now? In response to the proposed septic variance for Mary Trello I believe it is time to enforce the rules covering septic systems and that the following take place. ?The entire parcel be assessed for the number of bedrooms, bathrooms and kitchens. ?The entire square footage of buildings, blacktop and parking areas be computed. ?Identify the total number of existing septic tanks, dry wells and leach fields on this lot. I contend that the remaining undeveloped property would not legally support even one conventional system for anyone residence on this lot. This lot which is primarily used for income property. With the above information it could be calculated as to how big a holding tank would be needed to service the above property. Hopefully the board will mandate that this action be taken where these outdated systems could be replaced by one dependable tank. This holding tank would replace septic leach fields and tanks from bordering property lines and identified wetlands which have been failing and constantly worked on in the past 8 - ? years. Hopefully the board will see that a variance would only serve to keep placing band aids on these failing systems that cannot possibly service all the residences located on this over developed 200 x 150 square foot lot. Please, now is the time to correct a septic problem that has existed for many years. Sincerely, William H. Bernard (letter on file in the clerk's office) SUPERVISOR CHAMP AGNE- Thank you. Anyone else have anything more to add to this application? Anything more from the board? COUNCILMAN MERRILL-Is the property presently occupied? MS. TRELLO-No, she's only getting it ready for when she can move in while this is being ready. She's using my place. COUNCILMAN MERRILL-But she's residing there? MS. TRELLO-She's only getting ready because she moved in here from Ithaca. COUNCILMAN MERRILL-No, I mean is she residing in the house? MS. TRELLO-No, she isn't, she's just staying there and getting things ready and but she's using COUNCILMAN MERRILL-Is she staying in the house? MS. TRELLO-Not, only in the day time, just getting it ready. SUPERVISOR CHAMPAGNE-Is she using the sinks and the toilets and things like that? MS. TRELLO-No she isn't. SUPERVISOR CHAMPAGNE- I would hope not. MS. TRELLO-Oh no. No she isn't. SUPERVISOR CHAMPAGNE-Okay, I would hope not. MS. TRELLO-No, she's isn't, she's using my place. SUPERVISOR CHAMPAGNE-What's your pleasure. COUNCILMAN MERRILL-I think Mark has got the letter. COUNCILMAN TURNER-Let's see what the letter says. SUPERVISOR CHAMPAGNE-Do you want to read that? Have you got the letter, Mark? TOWN COUNSEL SCHACHNER-Yea. SUPERVISOR CHAMPAGNE-You want to read that into the record so that we have some direction here? TOWN COUNSEL SCHACHNER-Sure. It's a letter from the District Director of the New York State Department of Health, Brian Fear, addressed to myself as Counsel to the Town of Queensbury. Dear Mr. Schachner, on behalf of the Queensbury Town Board you wrote a letter to the department on the date of April 30, 1998 requesting that the Department of Health authorize the Town of Queensbury to allow the use of holding tanks, "in certain situations deemed appropriate pursuing to our Town Code, Local Laws or Ordinances", 1ONYCRR, Appendix 75-A, entitled Wastewater Treatments Standards Individual Household Systems, contains the minimum standards for the design and construction of new individual household wastewater treatment systems. Those standards clearly indicate that holding tanks are not acceptable for long term use on year round residences and for new home construction, limits the use of a holding tank to interim period when occupancy is desired and the on site sewage system is still under construction. When an existing subsurface wastewater treatment system fails and site conditions are unsuitable for construction of a replacement system, local officials may authorize installation of a holding tank to address the problem. Section 75.3E and 75.6C of 10NYCRR part 75 enables the department to issue a local waiver that allows the routine use of an alternative treatment system by a municipality. A holding tank does not classify it as an alternative treatment system i.e. listed under Section 75-A.9 of 10NYCRR Appendix 75A and is not subject to local waiver. The department has not issued a general waiver addressing holding tanks since same would be directly contrary to the letter and intent of Appendix 75A Section 75A-1OA. Home construction areas where site conditions can not support subsurface wastewater treatments should not occur until public utilities are available. I regret that your request for holding tank waiver can not be honored. Virtually yours, Brian S. Fear, PE, District Director. COUNCILMAN MERRILL-Okay, they will allow it for a failed system, though? TOWN COUNSEL SCHACHNER-It sounds like it, correct. SUPERVISOR CHAMPAGNE-That's how I heard it. COUNCILMAN MERRILL-So it would apply in this case? TOWN COUNSEL SCHACHNER-Correct, I think it's, and again it's a generic letter, I think it's some what ... written but my read on that is that they're vetoing it on long term permanent use. They're allowing it in either of two instances. One being temporary use on construction of a new residence when occupancy is desired prior to completion of the permanent system or in the case of a failed system and that's my read on the first paragraph. The second paragraph spouts all the regulatory citations taken alone would appear to say you can't have holding tanks but I agree that I get from that the same thing that you get as far as the end of that first paragraph, the failed system situation. COUNCILMAN IRISH-Mark, can you get some clarification from Brian as far as TOWN COUNSEL SCHACHNER-That's exactly what I had thought I would do and that was what, as I said I was going to mention this if you were going to take action tonight prior to doing that I was going to mention this and suggest that we can, we should be able to get this clarified. COUNCILMAN IRISH-Right, okay. SUPERVISOR CHAMPAGNE-So we table this tonight and come back to it after Mark gets some clarification? COUNCILMAN TURNER-Yea. COUNCILMAN MERRILL-Yea, for the record I think this is an example of property that's heavily over developed. The main house has eight rooms, four bedrooms, two and half bath according to the assessment records. And the two other buildings have two bedrooms and one bath each. So we have, I think heavily developed lot here, inadequate disposal. MS. TRELLO-We don't rent that other one. It's not rentable, it's just, we just use it just in case I'm not there and I don't let them in my house. The kids use it but it's not rentable. There's only one that we rent there and that's the one that we're going to put the holding tanks at. COUNCILMAN MERRILL-But it could be used. MS. TRELLO-But we don't use it. COUNCILMAN TURNER-You don't but it could be used in the future. COUNCILMAN MERRILL-Yea. SUPERVISOR CHAMPAGNE-If you were to sell the property Mary, obviously it could become full utilization of all bedrooms, all baths and I think that's the thing that we're concerned with. It may be that you're protecting it as a selfish interest to protect it but I'll tell you, commercial property of that type on Lake George, it's rentable, it's high priced, we all recognize that and that's some of the problems I think that the Town Board is having to face now. MS. TRELLO-Well we are not going to sell that place. I've got a large family and it's going to be a hand me down and they all got the rules and I don't think you'll have any problem there at all. SUPERVISOR CHAMPAGNE-Okay, I think our action then should be to at least table it until we get some clarification and we'll have to vote on this at a future meeting, Mary. It will be two weeks, I guess it'll be, we'll act on it two weeks from tonight. Oh wait a minute, take that back. July TOWN COUNSEL SCHACHNER-Next regular meeting will be three weeks from tonight. SUPERVISOR CHAMPAGNE-Yea, three weeks from tonight will be the regular meeting. MS. TRELLO-July the what? SUPERVISOR CHAMPAGNE-July, is it 6th? TOWN COUNSEL SCHACHNER-It's either the 6th or 7th. DEPUTY TOWN CLERK BARBER-The 6th. SUPERVISOR CHAMPAGNE-It's July 6th. Okay, so we'll table that and close that public hearing. COUNCILMAN MERRILL-I guess my primary concern is protection of the lake. MS. TRELLO-We're about two hundred and twenty-five feet from the lake up because I got two hundred and twenty-five feet by a hundred and fifty from the seventy foot, from the shoreline. I own that because I bought that from Mr. Knox because we had an encroachment on theirs unbeknown to us and when he solved that, we went ahead and we bought the part that cleared all us up. SUPERVISOR CHAMPAGNE-Okay. MS. TRELLO-Okay? SUPERVISOR CHAMPAGNE-I'm sure some of the others of us will be up there to take a closer look at it and MS. TRELLO-Sure. Okay, that's fine. We have a picnic area, a small place in the mud room, we have a small place and then we have the one that we rent and my place and my place is okay, I never had any trouble with it. Okay? SUPERVISOR CHAMPAGNE-Okay. Thank you. MS. TRELLO-You bet. PUBLIC HEARING CLOSED 7:28 p.m. RESOLUTION DETERMINING THAT PROPERTY OWNED BY GERTRUDE SMITH (TAX MAP NO. 117-2-37) IS A HEALTH HAZARD AND NUISANCE TO THE NEIGHBORHOOD AND ORDERING THAT PROPERTY BE CLEANED UP BOARD OF HEALTH RESOLUTION NO. 29, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, David Hatin, Director of Building and Codes for the Town of Queensbury, and Local Health Officer Dr. Robert Evans have advised the Town of Queensbury Local Board of Health that property owned by Gertrude Smith, 23 Alta Avenue, Queensbury and identified as Tax Map No.: 117-2- 37, is scattered with garbage and debris and is easily accessible to children, animals and the general public, and WHEREAS, the Local Board of Health held a hearing concerning the property on June 1st, 1998 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that the property owned by Gertrude Smith is a health hazard, nuisance to the neighborhood and unsafe to the general public and determines that the property should be cleaned-up immediately, with clean-up to be completed within sixty days of service of notice to the property owner or posting of notice on the property, and BE IT FURTHER, RESOLVED, that in the event that there is neglect or refusal to comply with the order of this Board to clean-up the property, the Local Board of Health may take action to have the property cleaned-up and assess all related expenses against the real property and Town Counsel may be authorized to commence an action for a Court Order authorizing the clean-up and/or institute an action to collect the cost of the clean-up, including legal expenses, if necessary. Duly adopted this 15th day of June, 1998, by the following vote: AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Hatin, Director-I believe the board has seen the pictures, if you recall and also heard the testimony from before. Mrs. Smith has cleaned up the raw garbage itself, that has been hauled away but we still have a remainder of a large amount of debris that is still subject to rodent infestation and what have you. She is working on it, it's a slow process. There's not much progress that's been made in the last two weeks from what I can see but she says she will have it cleaned up by the end of the sixty day period if you pass this resolution tonight. Councilman Irish-If we pass this tonight, she will have it cleaned up? Mr. Hatin, Director-If you pass this tonight, she has assured me it will be cleaned up. She does not want it cleaned up by the town. I think this will be the final force to make that happen. No further discussion, vote taken. RESOLUTION AND ORDER DETERMINING THAT PROPERTY OWNED BY MATHEW AND SHANNON CARPENTER (TAX MAP NO.: 47-4-5) IS A HEALTH HAZARD AND NUISANCE TO THE NEIGHBORHOOD AND ORDERING THAT PROPERTY BE CLEANED Mr. Hatin, Director-I'll save the board some time, this property was cleaned up over the weekend. Supervisor Champagne-Oh thank you, that's what we like to hear. RESOLUTION DETERMINING THAT PROPERTY OWNED BY GLYNN AND RUTH HARRINGTON (TAX MAP NO.: 119-4-20) IS A HEALTH HAZARD AND NUISANCE TO THE NEIGHBORHOOD AND ORDERING THAT PROPERTY BE CLEANED-UP BOARD OF HEALTH RESOLUTION NO.: 30, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, David Hatin, Director of Building and Codes for the Town of Queensbury, and Local Health Officer, Dr. Robert Evans, have advised the Town of Queensbury Local Board of Health that property owned by Glynn and Ruth Harrington, 30 Wintergreen Road, Queensbury and identified as Tax Map No.: 119-4-20, is scattered with garbage and debris and is easily accessible to children, animals and the general public, and WHEREAS, the Local Board of Health held a hearing concerning the property on June 1st, 1998 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that the property owned by Glynn and Ruth Harrington is a health hazard, nuisance to the neighborhood and unsafe to the general public and pursuant to the New York Public Health Law, Glynn and Ruth Harrington are hereby ordered to abate the nuisance and health hazard by cleaning up the garbage and debris, within 3 days of the date of service upon Glynn and Ruth Harrington or posted on the property, and BE IT FURTHER, RESOLVED, that if the nuisance is not abated within such time, then David Hatin, Director of Building and Codes Enforcement, is hereby authorized and directed to make the necessary arrangements to clean-up the property immediately in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, pursuant to the New York Public Health Law, Glynn and Ruth Harrington are responsible for the clean-up expenses and Town Counsel is authorized to institute an action to collect the cost of the clean-up, including legal expenses, if necessary. Duly adopted this 15th day of June, 1998, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Hatin, Director-If you recall, Mrs. Harrington or Miss Harrington was here last meeting and claimed she would have it cleaned up by tonight. I was there at the property just before noon today, nothing has happened. We did have a gentleman stop in our office said he was going to clean it up and nothing has happened. The amount of garbage that was there before still exists. What I'm asking the board to do under this resolution is authorize me to hire somebody to clean it up starting tomorrow, hopefully. I don't know if you want to use the local landfill crew or the local grounds crew or if you want to go out and bid it and accept the lowest bidder and have it cleaned up. Town Counsel Schachner-Dave, doesn't the resolution call for three days notice? Mr. Hatin, Director-That's not the way I understood it but I could be wrong. Town Counsel Schachner-Yea, I thought we talked about, you talked about it in our office and we said we have to have some amount of notice. Mr. Hatin, Director-I thought we had already given her notice at the last meeting that I remember Fred telling her personally to have it cleaned up by tonight or the board will take action tonight. Town Counsel Schachner-I think that's probably true, I think you did tell her that personally. Mr. Hatin, Director-That's actually more then three days. Town Counsel Schachner-Right but that's not the legal notice that's required by the procedure. Mr. Hatin, Director-Okay, you want written legal notice then? Town Counsel Schachner-And that's what the resolution contemplates and I think we shortened up on your advice to three days, as I recall. Mr. Hatin, Director-Okay because the problem is I don't know where she resides now. She apparently doesn't reside at the house. I have no idea where she is. The best I can do is post it on the door and three days Town Counsel Schachner-Well the resolution says three days of service upon Glynn and Ruth Harrington or posted on the property. Mr. Hatin, Director-All right. Supervisor Champagne-So, you can get by with that. Mr. Hatin, Director-Well it will probably take me three days to get quotes anyway so by then, I can authorize somebody to do it by Friday with your permission. Councilman Tucker-Fred, shouldn't we have someone in the business do this rather then our people? Supervisor Champagne-Oh yea. Mr. Hatin, Director-I'll try to find three people. I know of one, there's two others that might be able to do it. Councilman Tucker-Someone that's in the business. That's been there that long, that's going to be a mess. Mr. Hatin, Director-I understand that. Councilman Tucker-I know you do sir. No further discussion, vote taken. Mr. Hatin, Director-I have one more. I talked to Fred today, the board has a letter in front of you to a Janet Ledford that was dated June 10th, 1998 regarding 94 Ash Drive. Attached to that also is a letter from the Health Officer, Dr. Evans who has visited the property and has declared it a health hazard and a nuisance to the tenants. To summarize what we have here is we have a, the old Glen Lake Casino, if you're familiar with it was authorized variances for two apartments back probably about ten years ago now, some where in that range. The owner decided to create a third apartment and I caught her doing it about three years ago and I told her at that time in a written letter that she was to stop work on it and that was an illegal apartment and if she wished to pursue to it, she would have to apply for a variance or amend her variance. Right now, she rented it out to a woman who is here tonight, to give you a little bit of description of what it is to live there. The problem we have is we have an open cesspool within the building that allows raw sewage of undetermined, I don't know where it comes from because obviously we did no inspections on the interior plumbing. This is an open pit, it's in a corridor between two apartments that actually abuts all three apartments the way it's configured. The problem is you have methane gas and other odors emanating throughout the apartment building right now, more prevalent in the third illegal apartment then the other two but I did talk to the tenant in the second apartment today who stated that she does have a sewage smell in her bathroom as well. What's happening is the sewage smell is going in through the piping in the walls and traveling into the rooms of the apartment building and it's pretty noxious, it smells like an open sewer in the third apartment which is the illegal apartment where Tammy, the woman that lives there was residing. What I'm asking the board to do now because Mrs. Ledford has not taken any corrective action to have this resolved and she's been given almost two weeks to do so, to take emergency action to basically order it fixed or close the building. Supervisor Champagne-Had a chance to read the letter. Dr. Evans also, today's correspondence. Councilman Merrill-Dave you also note some electrical violations and violations of the fire separation. Mr. Hatin, Director-Right. Councilman Merrill-It sounds like it's an unsafe condition. Mr. Hatin, Director-The electrical violations are not as serious as they could be but they are still there, they are violations and she does have some issues to deal with above and beyond the sewage. The sewage being the prevalent problem right now because of the odor and the potential for methane gas buildup. Councilman Irish-The two apartments that are there were, she had variances for those? Mr. Hatin, Director-She had variances for the two original apartments. This third apartment is basically an addition or an old part of the back of the building which she turned into an apartment. She was also, at the time I caught her three years ago trying to create a fourth apartment, we put an end to that as well. Councilman Irish-Which fire separation are you, is not Mr. Hatin, Director-There's actually, the one apartment in the front and the apartment in the rear are contiguous with each other, the corridor actually runs between those two apartments and the other apartment that's legal. That fire separation has been violated, that's where the electrical violations exist along with the sewage odor emanating in that space as well. Councilman Irish-Okay. Councilman Tucker-Where is Ash Avenue. Mr. Hatin, Director-Ash is off Glen Lake Road. Off Glen Lake Road about a mile in from Route 9. Supervisor Champagne-It's the old Glen Lake Casino. Mr. Hatin, Director-It's the old Glen Lake Casino. It's the old bar. It was renovated into two apartments at some point in time. Councilman Tucker-What kind of notice have we got to give on this thing? Town Counsel Schachner-You should give notice. It can be minimal, you know it can be as little as, I mean there's no minimum amount if you want to give, if you feel it's a public, it's truly a public health emergency, give twenty-four hours if you'd like. One day, two days, three days, what ever you feel is appropriate. Councilman Irish-From the looks of the letter from the Doctor, I think that's probably appropriate. Town Counsel Schachner-I can't read the letter from the Doctor. Mr. Hatin, Director-I can read his scribbling if you want. It basically says, as discussed site consists of an intolerable odor secondary to poor ventilated and covered water pit. I was able to decipher this today. Supervisor Champagne-Needs immediate action. Mr. Hatin, Director-Needs immediate action. Supervisor Champagne-Publicity, publicly. Mr. Hatin, Director-Publicly a nuisance and a hazard. Councilman Merrill-It sounds like you've got an open septic system or open Mr. Hatin, Director-It's basically an open cesspool within a building. Councilman Merrill-Open cesspool which is clearly a code violation which is a health hazard which is something that can't be allowed. Mr. Hatin, Director-Right, and I wrote this letter last Wednesday, I talked to her verbally on the phone, Bill Condon called my office Thursday or Friday when I was out, said he would work on it all weekend although Tammy whose a tenant tells me nobody was there that she knows of. The bottom line is, it hasn't changed. The problem Councilman Merrill-Plus it's to service an apartment that's not legal. Mr. Hatin, Director-Right, that's the other problem. Supervisor Champagne-It's inside the building too, is that correct? Mr. Hatin, Director-Yea, it's within the building. Yes, it's within the building which is the big problem. Councilman Merrill-But the apartment is occupied, correct? Mr. Hatin, Director-Well, she's been locked out. You can talk to her if you'd like she's here tonight. She can tell you the situation. I don't know how it was rented to her or whatever. Councilman Tucker-The apartment thing is another issue, though. Mr. Hatin, Director-Yea, that's a zoning issue as well which is being dealt with, with Mrs. Ledford's attorney, supposedly. Councilman Tucker-It has nothing to do with septic being wide open. Supervisor Champagne-No, I understand that, I understand that. Maybe you can kind of bring us up to speed as it impacts you. Ms. Tammy Barrett-Okay, there was an ad in the newspaper, it was for rent so I rented it. Supervisor Champagne-And obviously, it must be rather difficult for you to live there under the conditions that exist, I would have to think. Ms. Barrett-Yes. Supervisor Champagne-You're ready to move out under these terms? Ms. Barrett-Right, and she won't give me my money back. Supervisor Champagne-She won't give you your money back. Did you have a lease? Ms. Barrett-No. Supervisor Champagne-You don't have a lease? Councilman Irish-Does she lock the doors? Ms. Barrett-No, the door to the back room where the septic is but not to the apartment. She's telling me that there's no smell there. Councilman Irish-So you're still able to use the apartment there? She hasn't Ms. Barrett-I haven't been staying there. Councilman Irish-Okay. Ms. Barrett-But I didn't let her know. Councilman Irish-Maybe we ought to make the landowner live there for a week or two. Councilman Turner-Shut her down, give her twenty-four hours notice. Councilman Tucker-Not any more then that. Councilman Merrill-Plus refund her the rent. Supervisor Champagne-I don't know if we can force that. Councilman Merrill-Well if we're shutting it down. Supervisor Champagne-We can't force the rent issue but we can certainly shut her down. Well this, I mean obviously the letter from Dr. Evans says it all. As far as I'm concerned, she's got twenty-four hours to do what she's got to do. Now, will the other two apartments stay occupied or no? Ms. Barrett-They smell also. Mr. Hatin, Director-Well they do have the smell in thern. Hers' is more prevalent then the other two but still it's a hazard to the entire building, basically. Councilman Tucker-Are the other two apartments legal, as far as you're concerned? Mr. Hatin, Director-They're legal by variance. They're legal by variance, other then the building code violations I found when I was there. Town Counsel Schachner-We need the person's name. Councilman Irish-Janet Ledford. Town Counsel Schachner-No, we need this speaker person's name. Councilman Irish-Oh, I'm sorry. Ms. Barrett-Tanuny Barrett, sorry. Councilman Tucker-What, if we give her twenty-four hours and she doesn't do a thing, what happens then, Dave? Mr. Hatin, Director-I believe it involves probably Supreme Court, an injunction. Mr. Schachner could probably address that better then I can. Supervisor Champagne-After twenty-four hours, if nothing happens? Town Counsel Schachner-If you're moving this as an emergency, then you can have the work done. I'm not sure if that's your goal or just to shut it down. Mr. Hatin, Director-I'm not so sure this can easily be fixed. Supervisor Champagne-The goal is to get the work corrected. Mr. Hatin, Director-I don't know what's going to be involved to fix this, this is an unique situation so. Councilman Irish-That's built on a pad, right? Mr. Hatin, Director-Yes. Everything goes into a pit from what I can tell and then it's pumped somewhere else which I have no idea where it goes. Councilman Irish-Probably into the lake. Councilman Tucker-The pit is what's open? Mr. Hatin, Director-Pardon me? Councilman Tucker-And the pit's left open? Mr. Hatin, Director-The pit on the interior of the building is what's open. Councilman Irish-That's paradise lake, right? Mr. Hatin, Director-Glen Lake. Councilman Turner-No, it's Glen Lake. Ms. Barrett-And she said there's one underneath the kitchen floor today. Councilman Tucker-There's another one under the kitchen floor? Ms. Barrett-That's what she said. Councilman Tucker-In your apartment? Ms. Barrett-Yes. Mr. Hatin, Director-See I can't verify any of this because we never inspected any of it. Supervisor Champagne-What's your pleasure? Councilman Turner- Twenty-four hour notice. Councilman Irish -Yea. Supervisor Champagne-Do you want to, do we need a motion to that effect so that Mr. Hatin, Director-I'm going to need something to move forward if she doesn't, that's basically what I'm here for. Councilman Turner-He's going to need something to go after her. Mr. Hatin, Director-Yea, either we close them down or we go to fix it. Councilman Merrill-And the correction would be a system to present code. Mr. Hatin, Director-Or find out what's wrong with this system. Councilman Turner-And correct it. Mr. Hatin, Director-I mean this is kind of an antiquated system at best. I don't know if we're going to be able to fix it easily. It's basically a bunch of pipes that runs into this pit. Where they come from, I don't know. I don't think it's easily fixed. I think it's easier for us to shut the building down, let her fix it. Town Counsel Schachner-It's also more appropriate, I think. Supervisor Champagne-Oh yea. Town Counsel Schachner-I think it sounds, from what I'm hearing the initial authorization would be some sort of notice. I'm hearing twenty-four hours, I think under the circumstances that can be appropriate and then shut the building down basically. Mr. Hatin, Director-Correct. Town Counsel Schachner-And I'm hearing just that step. Supervisor Champagne-Okay. Councilman Irish-Now whose responsible for the tenants that live there as far as living arrangements while the building is shut down? Does the town have any obligation there? Town Counsel Schachner-No. Councilman Irish-Okay. Supervisor Champagne-You know, that's where the, I guess that's where the penalty falls on the people, where they're going to go. Councilman Tucker-If you close her down, Dave, will all the problems be corrected before she's allowed to open again? Mr. Hatin, Director-They'll have to be. Councilman Tucker-Do business again? Mr. Hatin, Director-They'll have to be. Councilman Irish-The third apartment, can we have that removed? Mr. Hatin, Director-Well her attorney has contacted the Zoning Office, although according to Craig, the Code Compliance Officer has not re-contacted them to apply for a variance. So right now, the third apartment is still illegal. Councilman Merrill-It's still illegal so I would think, as a separate issue that should be shut down. Mr. Hatin, Director-That can be dealt with as a separate issue just under the enforcement action. Councilman Merrill-As a separate issue, until they apply for appropriate variance. Mr. Hatin, Director-Yea, I mean once, obviously Tammy is going to be moving out so it's, once it's vacated we can take court action if she re-occupies to have it vacated through the local courts. Supervisor Champagne-Do you want to give us a verbal resole. Town Counsel Schachner noted the following resolution: RESOLUTION DETERMINING PROPERTY AT 94 ASH DRIVE OWNED BY JANET LEDFORD IS A HEALTH HAZARD BOARD OF HEALTH RESOLUTION NO.: 31, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury makes a determination that this situation at this property constitutes an imminent public health hazard and therefore with twenty-four hours notice, the occupancy of the building shall be terminated. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 32, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVES FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None REGULAR SESSION Supervisor Champagne read the following resolution into the record: RESOLUTION SUPPORTING NAMING OF MONUMENT IN SARATOGA NATIONAL VETERAN'S CEMETERY RESOLUTION NO.: 231, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Congressman Jerry Solomon announced that he would not run again after having served as the 22nd Congressional District representative for over 20 years, and WHEREAS, Congressman Jerry Solomon was once Town Supervisor to the Town of Queensbury from 1968 to 1972, and WHEREAS, Congressman Jerry Solomon has led a tireless and unselfish commitment to his country and his district, and WHEREAS, one of the many accomplishments Mr. Solomon achieved for his district is the establishment of a National Cemetery in the Town of Saratoga, site of the British Am1y's surrender of October 17, 1777 and the turning point of the Revolutionary War, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wish to show their support for naming a monument in the Town of Saratoga Cemetery the Gerald B. H. Solomon Saratoga National Veteran's Cemetery. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None Correspondence - None Town Councilmen's Committee Reports 7:50 p.m. Councilman Tucker questioned Town Counsel regarding status of the Nu-Tech contract at the Hudson River Park, noting that the board passed a resolution canceling the contract? Town Counsel Schachner-The letter was sent a couple of days later, what I call the seven day notice of termination letter. Councilman Irish-Has it been seven days? Town Counsel Schachner-I believe it has. Councilman Irish-So we can now look for another contractor to finish that job? Town Counsel Schachner-I believe you've since received response from Nu-Tech indicating they want to complete the job. That doesn't mean you have to let them but I think you have received that correspondence. Councilman Irish-Actually, I haven't seen the letter to that effect. Supervisor Champagne-Yes, that letter has been received. Councilman Tucker-I've seen it and I had conversations with you last Monday night over the eleven thousand dollars that's still in the contract and I understood that you told me that the State Labor Department hadn't froze that money, they we could still use it. Town Counsel Schachner-Correct. What the State Labor Department has done has issued a notice that essentially says to the Town of Queensbury, don't pay any more, any more money, not just that eleven thousand dollars but any more money to Nu- Tech. Supervisor Champagne-However, we can hire another contractor. Town Counsel Schachner-They have nothing to do with that, right. The labor department has nothing to do with that issue. Councilman Tucker-I had conversations with Harry today and it seems that Bob Hafner told him that they did freeze the eleven thousand dollars. Supervisor Champagne-We need to clear that up. Councilman Tucker-Would you talk to Bob and get everything clicking? Town Counsel Schachner-Sure, no problem. Supervisor Champagne-Let's have Bob get back to me move that forward. Mr. Tim Brewer, Candleberry Drive referred to the park and questioned whether there will be any maintenance done, specifically grass cutting? Councilman Tucker noted that he'll speak to Harry. Mr. John Salvador questioned whether the landowner has given permission to do the work that's been done at the park? Town Counsel Schachner noted that the terms of the lease expressly allows this work to be done. Open Forum (Resolutions) Mr. Salvador referred to resolution 5.4, authorizing the engagement of C.T. Male to prepare the hydraulic model and questioned whether there's a cost involved? Councilman Merrill-Yes, fourteen thousand six hundred. Mr. Salvador-Is that for the complete work? Supervisor Champagne-That's correct. Mr. Salvador-Is there a time schedule? Mr. Ralph VanDusen, Water Superintendent-Approximately two months. Mr. Salvador-Referred to resolution 5.6, setting a public hearing on the proposed local law amending the sewer and sewage disposal ordinance and noted that the town should take a very careful look at this ordinance, believe it's more of a zoning ordinance. Resolutions RESOLUTION RETAINING SERVICES OF BAUER APPRAISAL GROUP, INC. TO APPRAISE PORTION OF BANK STREET ADJACENT TO NORTHWAY PLAZA RESOLUTION NO. : 232, 98 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to have a portion of Bank Street located adjacent to the Northway Plaza appraised, as the parcel is proposed for abandonment as part of a land development proposal previously approved by the Queensbury Planning Board, and WHEREAS, Howard Carr, Manager of Queensbury Plaza, by letter dated March 3rd, 1998 from the law firm of Lemery & Reid, P.c., has confirmed that he will reimburse the Town of Queensbury for the cost of the appraisal, and WHEREAS, Bauer Appraisal Group, Inc., as offered to appraise the parcel for an amount not to exceed $500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Bauer Appraisal Group, Inc., to appraise the parcel of land referenced above at a cost not to exceed $ 500, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that it is the Town Board's understanding that Howard Carr, Manager of Queensbury Plaza, will reimburse the Town of Queensbury for the appraisal services. Duly adopted this 18th day of May, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER ON JULY 3RD, 1998 RESOLUTION NO.: 233, 1998 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Bay Fireworks, Inc., on behalf of Entertronics, Inc. - WCKM Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: WCKM FM/ AM Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1998 TIME: 10:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with ~405 of the New York State Penal Law, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2.The date and time of day at which the display is to be held. 3.The exact location planned for the display. 4.The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5.The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7.A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to ~405 of the New York State Penal Law provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR DAVID KELLEY BIG BAY ROAD, QUEENSBURY RESOLUTION NO.: 234,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, David Kelley has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit, in accordance with said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated on Big Bay Road, Queensbury, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on July 6th, 1998 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by David Kelley for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated on Big Bay Road, Queensbury and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and provide notice of the public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board Chairman, at least ten (10) days prior to the hearing. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. TO DEVELOP HYDRAULIC MODEL OF TOWN WATER DISTRIBUTION SYSTEM RESOLUTION NO.: 235,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 130.98, the Town Board of the Town of Queensbury authorized Ralph VanDusen, Town Water Superintendent, to obtain proposals for engineering services to develop a hydraulic model of the Town of Queensbury's water distribution system to ensure proper planning of the future growth of the Town's water system, and WHEREAS, Mr. VanDusen received and reviewed proposals from two engineering firms and has recommended that the Town Board authorize him to engage the engineering services of C.T. Male Associates, P.C. for the total lump sum fee of $14,600, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Ralph VanDusen, Town Water Superintendent, to engage the services of C.T. Male Associates, P.c. to prepare the hydraulic model of the Town of Queensbury's water distribution system, such engineering services not to exceed the total lump sum amount of $14,600 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 Water Superintendent and/or Town Supervisor to execute any forms or agreements, in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL FOR HEATING PURPOSES, DIESEL OIL TO BE USED AS FUEL FOR OPERATION OF HIGHWAY EQUIPMENT AND KEROSENE FOR THE TOWN LANDFILL RESOLUTION NO.: 236,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for #2 fuel oil for heating purposes, diesel oil to be used as fuel for operation of the Town's highway equipment and kerosene for the Town of Queensbury Landfill, pursuant to Town of Queensbury specifications, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen Dougher, Town Clerk and Chuck Rice, Town Facilities Manager, have recommended that the bids be awarded to Agway Petroleum Corporation, the low bidder for the #2 fuel oil, diesel oil and kerosene, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bids for the #2 fuel oil, diesel oil and kerosene to Agway Petroleum Corporation, to be paid for from the appropriate department accounts from the 1998 budgets. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1998 A LOCAL LAW TO AMEND CHAPTER 136 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED, "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO. : 237, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, draft Local Law No. _ of 1998 to amend Chapter 136 of the Code of the Town of Queensbury entitled, "Sewers and Sewage Disposal," which Local Law contains provisions intended to prevent the mounding of earth in the area of septic and holding tanks, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State 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 6th day of July, 1998, to consider the proposed Local Law No. _ of 1998 and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _ of 1998 in the manner provided by law. Duly adopted this 15th day of June, 1998, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES : None ABSENT: None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY TOWN OF QUEENSBURY TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. : 238, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury has submitted an application for rezoning of a certain parcel of property to the Town of Queensbury Town Clerk's Office and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations pursuant to ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: APPLICATION OF Town of Queensbury TAX MAP NO.'S: 137-2-10 PROPERTY LOCATION: Between the Hudson River and Native Textiles, Queensbury, New York APPLICATION FOR WR-3A, to entirely WR-3A Rezoning of parcel currently zoned 1/3 as LI-IA and 2/3 as and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be Lead Agency for SEQRA review of this project and directs the Zoning Administrator's Office to notify any other involved agencies. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF THE ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO., INC. RESOLUTION NO.: 239,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION (Motion withdrawn) SECONDED BY: Mr. Richard Merrill Councilman Turner noted that the proof of insurance is not attached. Town Counsel Schachner noted, this was on two weeks ago and everything was in place except the insurance... they don't have an opportunity for another meeting... recommend changing the language to read conditional upon receipt of insurance. Councilman Irish and Councilman Merrill withdrew their motions. RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF THE ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO., INC. RESOLUTION NO.: 239,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Adirondack Runners Club and West Glens Falls Volunteer Fire Company have requested permission to conduct a foot race for the benefit of their organizations, as follows: SPONSOR Company Adirondack Runners Club, West Glens Falls Volunteer Fire EVENT: Foot Race - One Mile Firemen's Run DATE Saturday, June 20, 1998,8:30 a.m. PLACE: Beginning at St. Alphonsus Church, Broad Street, Glens Falls and ending at the West Glens Falls Firehouse on Luzerne Road, Queensbury NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby requires receipt of proof of insurance from the Adirondack Runners Club and West Glens Falls Volunteer Fire Company to hold their One Mile Firemen's Run in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to confirmation of insurance and approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ADDENDUM AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND EVERGREEN BANK, NA FOR BANKING SERVICES THROUGH JUNE 30, 1999 RESOLUTION NO.: 240, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution No.: 269.97, the Town Board of the Town of Queensbury authorized continuation of an agreement with Evergreen Bank, NA for the provision of banking services, and WHEREAS, the continuation agreement recently expired and therefore the Town Controller and Evergreen Bank wish to execute an Addendum Agreement extending the banking services through June 30, 1999, and WHEREAS, a copy of a proposed Addendum 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 and authorizes the Addendum Agreement with Evergreen Bank to continue banking services through June 30, 1999 and authorizes and directs the Town Supervisor and/or Town Controller to execute the Addendum Agreement and any further documentation necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of June, 1998 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT TO BE KNOWN AS THE TECHNICAL PARK SEWER DISTRICT EXTENSION NO.2 RESOLUTION NO. : 241,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Technical Park Sewer District to be known as the Technical Park Sewer District Extension No.2, and WHEREAS, Amerada Hess Corporation (the "Developer") has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by James E. Mitchell, P.E., of The Environmental Design Partnership, LLP (EDP), an Engineer licensed by the State of New York, 900 Route 146, Clifton Park, New York 12065, regarding the proposed extension to the existing Queensbury Technical Park Sewer District to serve an area located along the north side ofDix Avenue, opposite the K- Mart property, just west of the intersection with Quaker Road in the Town of Queensbury such area consisting of those parcels or lots being identified as Tax Map No.'s: 110-1-2.7 and 110-1-1.25 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Technical Park Sewer District pursuant to Town Law ~206A, and WHEREAS, Part I of a Long Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board of the Town of Queensbury shall hold a public hearing and consider establishing the proposed extension to the Queensbury Technical Park Sewer District previously described in this Resolution and to be known as the Technical Park Sewer Extension NO.2. 2. The boundaries of the proposed extension and benefitted areas of the Queensbury Technical Park Sewer District are to be as follows: All that certain parcel ofland located on the northerly side ofDix Avenue in the Town of Queensbury, Warren County, New York, and which said parcel is more particularly bounded and described as follows: Beginning at a point in the northerly bounds ofDix Avenue approximately 842 feet westerly of the westerly bounds of New York State Route 254, also known as Quaker Road and which said point is also located at a distance of 353.22 feet, measured westerly along said northerly bounds, from the southeasterly corner of premises conveyed by George P. Powhida, administrator of the Estate of Michael Powhida, and administrator of the Estate of Helen Powhida, to Gerald 1. Hewlett and Roger G. Hewlett by deed dated June 8, 1978 and recorded in the Warren County Clerk's Office in Book 614 of Deeds at Page 824; running thence from the point of beginning in a general westerly direction and along the northerly bounds of said Dix Avenue, North 65 degrees 06 minutes 40 seconds West for a distance of 172.68 feet to a point; running thence in a general northerly direction on a course which is perpendicular to the northerly bounds of said Dix Avenue, North 24 degrees 53 minutes 20 seconds East for a distance of 292.24 feet to a point; running thence in a southeasterly direction, South 40 degrees 15 minutes 50 seconds East for a distance of 190.30 feet to a point; running thence in a general southerly direction, South 24 degrees 53 minutes 20 seconds West for a distance of 212.27 feet to the point of beginning containing 1.00 acre ofland. ALSO ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the Town of Queens bury, County of Warren, State of New York lying at the intersection of the northerly line ofDix Avenue, County Road No. 42 and the southwesterly line of Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic Highway and being further bounded and described as follows: Beginning at a point marked with a concrete monument set at the point of intersection on the northerly line ofDix Avenue, County Road No. 42 with the common division line oflands now or formerly of Michael Mango and George S. Khachadourian as conveyed in Book 905 of Deeds at Page 84 to the west and the parcel herein being described to the east; thence from said point of beginning along said common division line, North 24 deg. 53 min. 20 sec. East, 50.00 feet to a point being the most southerly corner of other lands nor or formerly of George S. Khachadourian and Michael Mango as conveyed in Book 929 of Deeds at Page 25, said point located North 83 deg. 20 min. West, 0.3 feet from a bent capped iron rod found; thence along the common division line of said lands of George S. Khachadourian and Michael Mango as conveyed in Book 929 of Deeds at Page 25 to the northwest and the parcel ofland herein being described to the southeast, North 48 deg. 20 min. 50 sec. East, 303.51 feet to a point in the southwest line of Quaker Road, County Road No. 70, N.Y.S. Route 254-Scenic highway, said point located North 37 deg. 20 min. West, 0.3 feet from a capped iron rod found; thence along said southwest line and the west line of Quaker Road the following three (3) courses and distances: 1) South 32 deg. 13 min. 30 sec. East, 151.35 feet to a point, said point located North 37 deg. 55 min. West, 1.0 feet from a concrete monument found 1.1 feet below the ground; 2) South 28 deg. 38 min. 10 sec. East, 396.00 feet to a point marked with a masonry nail set in asphalt pavement; 3) South 61 min. 21 min. 50 sec. West, 12.00 feet to a point marked with a masonry nail set in pavement at the point of intersection of the west line of Quaker Road and the northerly line ofDix Avenue; thence along said northerly line ofDix Avenue the following two (2) courses and distances: 1) North 65 deg. 15 min. 10 sec. West, 477.17 feet to a point; 2) North 65 deg. 06 min. 40 sec. West, 82.04 feet to the point or place of beginning of said parcel containing 2.295 ??? acres or 99,986 ??? square feet ofland. Said parcel made subject to any and all enforceable covenants, conditions, easements and restrictions of record as they may appear. 3. The proposed improvements shall consist of the purchase and installation of approximately 365 If of sewer main running from the area proposed to be included in the extension to an existing sewer main in the Queensbury Technical Park Sewer District, as more specifically set forth in the Map, Plan and Report prepared by James E. Mitchell, P.E. of The Environmental Design Partnership, LLP (EDP), and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up. 4. All proposed construction shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervIsIOn. 5. The maximum amount proposed to be expended for said improvement will not be greater than $27,200, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case would be $3,024, or a total of $30,224. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Queensbury Technical Park Sewer District, for the proposed extension. The areas or properties that comprise the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Technical Park Sewer District. 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Queensbury Technical Park Sewer District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension. 7. The average estimated cost of hook-up fees to the typical property will be $1,410. The estimated annual cost of the extension to the typical property will be $0 per $1,000 assessed value for debt service and approximately $900 for metered water usage; the total estimated annual cost range from $325 to $1,475. 8. In accordance with Town Law ~206A, all future expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 9. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed, are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 10. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.rn., on July 6th, 1998 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 11. The Town Board will proceed with considering the extension and hold such public hearing only if the Developer executes an agreement concerning the extension in a form acceptable to Town Counsel prior to such hearing. 12. The Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 13. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 14. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None Deputy Town Clerk Barber noted that resolution 5.11 was pulled from the agenda on Friday. Planned Discussions 8: 15 p.m. 6.1A - Queensbury Central Fire Emergency Vehicle Supervisor Champagne noted that the board had received a memo from Mr. Hess regarding this issue. Mr. Henry Hess, Controller referred to memo and noted, the comment I was making is that we have five contracts which were all worded identical and the board received request from one of the fire companies to change the language of the contract. Whether I consider it to be a significant change, not necessarily dollar wise because it only affects one but significant because of the fact that the contract specifically is worded to exclude the type of vehicle, the chiefs vehicle being requested. So I think it's a significant change that you need to take seriously and you also have to consider whether you're going to change all the contracts that are worded identical or just the one. Councilman Tucker-What would be the procedure to change them all? Would it be just the board action or do you have to have public hearings? Town Counsel Schachner-As I recall, there's a public hearing involved. Mr. Hess, Controller-I don't think the board has a unilateral right to change the contract language anyway. Supervisor Champagne-You mean without a public hearing? Town Counsel Schachner-No, that's a separate issue. What Henry is saying is the board doesn't have the unilateral right to change a contract provision but I think in this case if I'm understanding, the other party of the contract would be willing but Henry's point is that there's a generic issue, I think across the board with the other companies. Supervisor Champagne-We're in our second year, we've got another year to go. Mr. John Kassebaum, Vice President-The contract carries us through 1999. The only, real briefly, is again to stress, this is not asking for a monetary change, it's just a wording change in the contract for Queensbury Central. Mr. Hess, Controller-That's true it is a wording change at this point. It does have monetary implications, it will be cost change in future contracts if the wording gets changed. Councilman Irish-I think they've taken the initiative to do it with their own funds at this point and I think the vehicle has served the purpose that they're asking us to allow them to use town money for. I think maybe we should get some public input and see if, I mean obviously there's a great outcry that the people don't want their tax money spent that way then it would give us a lot better insight. Supervisor Champagne-Is that the feelings of the board? Councilman Turner-Yea, I think we ought to find out what the public wants to do with it. Supervisor Champagne-Okay, we'll set a public hearing officially by resolution at the next meeting. 6.1B - Bay Road Sewer Extension Councilman Turner noted that he asked Ralph to speak with O'Brien and Gere to research the idea of running the sewer from Cronin Road north up to Walker Lane... the response from O'Brien & Gere indicated the cost would be the same as it was before... it restricts the idea of running sewer up there and accomplishing what we wanted to accomplish... unless we can find some bond money. Supervisor Champagne-Would that make a difference in the overall cost? Councilman Turner-It would probably drop it. Supervisor Champagne-Something has got to be done with the Bay Road corridor, either we've got to rezone it and get it out of the multifamily or we've got to put sewers in there. Mr. Mike Shaw, Deputy Wastewater Director-I can look at those numbers, rehashing that four percent and see what it does. Councilman Turner-Initially when they put that sewer district in that encompassed a lot more then what we're talking about now, we took quite a chunk of it out of there and thought it would drop the cost. Supervisor Champagne-Okay, let's see what that looks like. 6.2A - Planning Board Engineering Services Mr. Chris Round, Executive Director-Several months ago the Town Board asked me to review our current agreement with Rist-Frost Associates and the hourly rate that they charge. I did that, solicited bids from approximately eight engineering firms in the capital district and local region. I drafted you a memo to that and the results of that exercise and basically two things come out of my memorandum. Number one, I did review historically what the Planning Board submissions have been charged for review services and my opinion, they're relatively minor fees. An average is two hundred to six hundred dollars for subdivisions and commercial development. There were several projects that were relatively large scale projects, being Indian Ridge and a couple of subdivisions over forty lots that were charged above that. But it's difficult to assess a per lot fee or per transaction fee and overall my feeling was that Rist-Frost provided timely review, good services although their charge out rate was high in comparison with other organizations, charge out rate is not the only way to measure what some costs. It's the level of service they provide, how quickly they could do something. If a hundred and ten dollar an hour individual can perform a review in an hour, it may take a fifty-five dollar or a sixty-five or seventy-five dollar an hour individual in excess of one hour. By awarding the services to the low bidder you're not necessarily getting the lowest cost for the service that's rendered. To summarize, the responses to RFP, we did issue them to Chazen Environmental, Saratoga Associates, Frank Walter, WPS Consulting, Tom Jarrett, c.T. Male, the LA Group, Rist-Frost, Tom Nace and Environmental Design Partnership. As I said Rist-Frost was not the low bidder, average rates were approximately seventy-five dollars per hour. Rist-Frost was a hundred and ten dollars an hour. They did indicate that an assistant, Tom Center, an engineer new to their office will be transitioned into the review process. We'll be billing seventy-five percent of the time that's billed for engineering review services will be billed from Tom Center so we can anticipate a reduce hourly rate. It came down to five different firms, Rist-Frost and Environmental Design Partnership being the only two local firms that offered the minimum qualifications and I make a recommendation to continue to utilize Rist-Frost Associates. Supervisor Champagne-Does the board have any questions? I'd like to move forward and have a resolution prepared for the next meeting. Greenway North Corridor Mr. Round-What is not on new business that I did want to raise tonight and I had discussed it with Supervisor Champagne is that the Adirondack Glens Falls Transportation Council is in the process of updating their five year transportation improvement program and the Greenway North connector is on that program and has been dormant for the last year, there hasn't been any progress. In review of the TIP, they requested confirmation from the town that the town would like to consider moving forward with that project or would like to keep it on the TIP and I've got a letter from AGFTC, it's brief letter just on that inquire and I've got a draft response to AGFTC for your review. (submitted copies to the board) Briefly, I think most of you are familiar with the Greenway North connector. It is on the DOT Transportation Improvement Plan and it's an approximate three million dollar project and funds are committed to that project by DOT. It does require a ten or fifteen percent local contribution. They have proceeded with concept and they initiated right-of-way acquisition and my understanding is that there was some problems with right-of-way acquisition and negotiations. What DOT is looking for is the town interested in making that project happen, they would reestablish a schedule. Right now, they're about a year behind, it's a five year, it's probably a three year schedule through construction. And that's basically what my letter to Scott Sopczyk whose the Director of the Transportation Council, it indicates that the town is interested and I'm looking for confirmation to that effect. Councilman Irish-If the town were interested in this, is there any county monies available for this to help? Mr. Round, Executive Director-There's none in place as of yet. I don't know whether that's something that the town can negotiate that aspect. There's potentially other funding sources out there whether they're private or public. Councilman Irish-So we could theoretically lower that fifteen percent. Councilman Tucker-All we're saying here is that we're interested in this project and with all that's going on in that corridor over there, with the shopping mall and other things that maybe happening there I think we should keep our options open. Supervisor Champagne-It makes sense to me. The difference where we are today versus where we were two or three years ago when we talked about this originally, you make a commitment here now and they're going to start moving forward. The DOT will begin to invest in engineering, they'll begin to take a look at properties. Councilman Merrill-There is a time commitment on this? Mr. Round, Executive Director-Right, we're looking for a response from the board in June. The Technical Advisory Committee which I sit on and a member of, makes recommendations for projects to be included in the TIP. This has been recommended several years in a row and it takes a while, once you get on the TIP to actually find yourself in the position to gather funds. This project already has funds designated to it, it already has over three million dollars designated for design construction, right -of-way acquisition, all aspects. A limited amount of money has been spent, roughly sixty to a hundred thousand dollars for scoping and the next aspect would be engineering and right-of-way acquisition where they would go through and say okay, this is a project. All we have right now is a concept. It's going to go to the next level after you make a commitment. It will start the process. Councilman Merrill-As part of that process, there would be informational meetings and public input. Mr. Round, Executive Director-That's correct. Councilman Tucker-If we don't give somebody an answer here, we're going to allow who ever is standing in line to get the three million bucks. Mr. Round, Executive Director-Correct. That's the risk we run right now is by not giving support to this that it will be removed from the TIP, that three million dollars will be allocated in other projects. And that's what they want to know, if this is not a serious project to the Town of Queensbury, we want to take that three million dollars and redistribute it amongst the other projects. Councilman Merrill-Well, I don't think we want to lose that option. Councilman Irish -You basically need an answer tonight. Mr. Round, Executive Director-There is not a drop dead date but it's been a considerable amount of time where it's been an unknown what the town's position is on the particular project. Councilman Turner-Before you step out, there's some people that live in Greenway North and I think they ought to be advised as to what's going to take place there. They've been here once already a couple of years ago and then it got taken off the table. Now it's back on the table, I think they ought to be advised that this might very well happen and they should be here and express their concerns. Mr. Round, Executive Director-There's going to be opportunity for public input on how the project is going to happen and whether it will get funded and completed. I think there has been public involvement, I'm only speaking second hand now but there has been public input as to whether that's an appropriate location for a connector and I think we've been through that phase of the work. But there is opportunity for revision of the design and how it's going to go through there. Town Board held further discussion... agreed to support the project and to forward Mr. Round's letter to DOT. Mr. Roger Boor-Noted that the proposed connector road goes through the Cracker Barrel proposed site. Mr. Round, Executive Director-No, no, I think you're misspeaking in that regard, that the connector road does not go through the Cracker Barrel proposed plan and that's incorrect. Councilman lrish-I think you need to move forward with the letter. Mr. Boor-If you look at what the three million is going for, specifically, it does go through where the Cracker Barrel is. Mr. Round, Executive Director-It doesn't and I have to just, you have to rely on my word for what the design is. Supervisor Champagne-We could argue this, I mean, the issue that's on before us tonight as a board, I'm going to have to bring this thing to a closure and I'm going to say, where are we with board members? Councilman lrish-I think we need to send the letter. Councilman Tucker-Send the letter. Supervisor Champagne-We're going to send the letter. Thanks Chris. Mr. Salvador-Isn't the path ofleast resistance through an improvement of the existing intersection. I maintain that a combination of a grade separation at the intersection of 9 and Aviation Road in combination with a traffic circle will result in the acquisition of the least amount of land and probably the least cost. Supervisor Champagne-That's cost prohibited, we've tried it... I'll refer you to DOT. 6.2B - Hydraulic Model of Distribution System Supervisor Champagne noted that's all done, resolution passed previously tonight. 6.2C - Cost Control Associates Keith Laake, Cost Control Associates gave presentation to the board regarding the service their company provides noting that they review energy and telephone bills to see if there are any errors in the bills that would result in refunds to the town and also look for ways of reducing future costs through changes in rates and services. Supervisor Champagne recommended that Mr. Laake meet with Controller, Mr. Hess. Town Board Workshop Supervisor Champagne requested a special meeting workshop for Monday, June 22nd to meet with AMTEK to further discuss their offerings and programs, the salary schedule associated with the sharing of an assessor with the city and performance evaluations. Town Board agreed. Councilman Turner requested adding to the agenda at the workshop the placement of stop signs at Curtis Lumber, and consideration for issuance and reimbursement of Hepatitis A shots for the Building and Code Enforcement Officers. Town Board held discussion regarding the shots and gave approval to go ahead with them. Councilman Irish referred to some people whose home burned down near Ridge Terrace that claim they're having difficulty obtaining a building permit and questioned Mr. Round the status of the situation. Mr. Round, Executive Director noted, it's misinformation that's being given to you and we now have a building permit in hand. We haven't had building permit processed and we will act on it a timely manner. There's nothing holding it up and I think if you talk to Mr. Merrill, he can enlighten you on the particular situation. Councilman Merrill-There's nothing holding it up. Councilman Tucker referred to memo from the County Highway Department regarding consideration of the town plowing county roads again for the coming season. Supervisor Champagne recommended the Highway Committee discuss it first and then come back to the board with their decision. Mr. Hess, Controller updated the board regarding the audit noting that it concludes tomorrow... I have seen the draft of the report, it's preliminary. I've read it, it's clean and gives good report for the town's finances, it's compliance and it's internal controls. Secondly, I submitted a memo to the board asking the board to consider giving approval for the move of the Controller's Office and we've got a time schedule set up for that if it's approved. Supervisor Champagne-I'd like to suggest that the Controller's Office move to where the Attorney is at the present time and the Attorney's Office move to the Controller's Office... Town Board agreed. Mr. Hess, Controller requested resolution for the workshop meeting to permanently appoint Bill Shaw, Computer Technology Coordinator.... Town Board held discussion, agreed to resolution. Mr. Hess, Controller recommended adding to the workshop agenda the EMS Contracts because this is the last year of their two year contract.... Town Board agreed. Attorney Matters Town Counsel Schachner noted some matters for Executive Session. Open Forum 9:22 p.m. Mr. Harry Gutheil questioned whether the Town Board had received the draft contract? Supervisor Champagne noted that he had not received it yet but will be looking forward to it. Mr. Salvador referred to the discussion earlier in this meeting regarding holding tanks and noted a couple of things that should be clarified: The health department seems to differentiate between the failure of an existing system and that is a condition on which they say that when an existing subsurface wastewater treatment system fails and site conditions are unsuitable for construction of a replacement system, local officials may authorize a holding tank to address the problem. Who determines that site conditions are unsuitable? Supervisor Champagne noted that he would recommend an engineer along with the building inspector and health officer. Mr. Salvador questioned whether there was a schedule for Tom Nace's work on Dunham Bay Road? Noted that the conditions are perfect for viewing with all the rain that's been received. Councilman Merrill noted that it has not been set as of yet. Mr. Salvador noted that the board had discussed conducting a meeting in North Queensbury regarding subject of the Lake George Park Commission and questioned whether that's been scheduled? Councilman Irish noted the meeting has been scheduled for July 7th. Mr. Salvador questioned the status of the plan for the bike bridge over Bay Road? Councilman Irish noted the plan is for Quaker Road. Supervisor Champagne noted that the engineers are planning it. Mr. Salvador questioned whether there's a schedule? Supervisor Champagne noted, it could possibly happen this fall. Mr. Salvador referred to Pliney's comment earlier regarding the use of flood plains to measure setbacks at the Hudson River and noted that they do the same on Lake George, they use a flood plain to measure setbacks and call it the shoreline, the mean high water mark and questioned whether they could get the same consideration? Supervisor Champagne noted, I would think so. Mr. John Strough referred to the connector road issue and noted that the original state proposal does intersect Charlie Wood's property... there's potential for that connector road to be put right through Charlie Wood's property and make the Cracker Barrel kind of a mute point. Are we putting the cart before the horse... it's something to consider. Mrs. Kathleen Salvador questioned whether the town has an ordinance pertaining to noise levels? Supervisor Champagne noted that the town does not. Mrs. Salvador noted that she's awakened many mornings by big trucks parked on the town road outside her bedroom window. Councilman Merrill questioned whether they were state trucks? Mrs. Salvador noted they're private trucks delivering boats. Referred to the bike bridge proposed for Quaker Road and questioned whether anyone has considered the sightlessness or unsightliness of it? Councilman Irish noted that it's a county project. Supervisor Champagne recommended attending a Parks and Recreation meeting... noted that the town has a rendering of the proposal. Mrs. Salvador referred to Dunham Bay Road and noted that it's really bad now... garbage flowing, Mallards swimming there making their messes and all flowing one way... could be a really big health problem and something the town should be concerned about... really feel Mr. Nace needs to get started. Mr. Dennis Brower questioned the current status on Queensbury Forest? Supervisor Champagne noted there's a meeting scheduled for June 18th with NIMO. Mr. Brower referred to the Hudson River Park and noted that's an embarrassment to everybody involved and suggested that next time the town gets into major projects like this they should require a bid bond. Councilman Irish noted that the town had a bond. Mr. Brower questioned whether the bond provides insurance for lack of performance. Councilman Irish noted that they had a bond but their bond was reduced by the amount of the project that was finished. Mr. Brower questioned who determines how much of the project is complete. Councilman Irish noted, that's where the problem came in with this. The contract kind of let the architect out of being the clerk of the works, conveniently it was written out. He determined when a certain portion of the project was done, made a recommendation that the town pay the contractor for that portion of the project. Councilman Tucker-He made a recommendation to the Rec. Commission. Councilman Irish-The Rec. Commission made recommendation to the Supervisor that he pay the bill in such amount. The problem was the job wasn't done correctly and for whatever reason the architect didn't take due diligence on what he was looking at down there, in my opinion and that's my opinion. I'm not embarrassed by what happened down there, I'm upset by what happened down there. I blame the builder, I blame the contractor and I blame a lot of it on Jim Miller, he's the one that recommended that those bills be paid, on his recommendation, that was done. Mr. Brower-Mark, what do you think the chances are of recovering some money from their insurance companies bonding company if this does indeed run in excess of the contract? Supervisor Champagne-Let me take a shot at that, if I can. Number one, this whole contract arrangement with the architect and I think what we have to understand here is a commission is a commission, they have regulatory, they have authority. You're talking to the wrong group, to be very honest with you in terms of what happened, how it happened and how we correct it. Mr. Brower-Well I think I'm talking to the right group, I think you guys are the ones that are really on the line. Supervisor Champagne-As long as there's a commission and that commission has certain rights and responsibilities under the state statute, they let the bid, they followed through with what they had to do. The contractor went afoul and we all agree with that. Mr. Brower-I'm suggesting to you that you consider, if it costs the town more then the contracted amount, that you consider looking at their insurance company for money to help settle this. Supervisor Champagne-That's a possibility, absolutely. Mr. Brower referred to earlier discussion regarding the town engineering proposals and questioned why the town would chose the higher rate? Supervisor Champagne noted that there's different levels of engineering with the owner being at a hundred and ten dollars an hour but the town will be using a new assistant, Mr. Tom Center with a rate of fifty-five dollars an hour. Mr. Boor questioned why the board would consider rezoning when there's all these other projects like Lowe's, the northway bridge, the mall expansion, and the connector road that have not been completed... feel it's very irresponsible. Councilman Tucker noted that the owners of that property have a right to come in front of town government and request a rezoning and the town has to under law go through the process. Open Forum Closed 9:50 p.m. Councilman Tucker questioned the status regarding the company who was looking to add a radio antenna to a tower on West Mountain? Town Counsel Schachner noted that Chris Round is in the process of preparing proposed revisions. Councilman Tucker requested counsel to meet with Mr. Round regarding issue, concerned it's in limbo. Supervisor Champagne noted there's a 1986 Ford 4x4 mechanic's truck that's going to auction this Saturday and the City of Glens Falls has made an inquiry as to the purchase of this truck. Mr. Naylor's letter is asking permission to remove this piece of equipment from the auction list and sell it to the city for one dollar... Town Board held discussion and agreed to pull from auction list and get recommendation from Highway Committee as to the value of the truck. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 242, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss property issues, assessment review cases, litigation cases, union negotiations and one possible engagement or termination of engagement of an electrical inspector. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 243, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury adjourns from Executive Session and enters Regular Session. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES: None ABSENT: None RESOLUTION TERMINATING JOHN DALTON AS AUTHORIZED ELECTRICAL INSPECTOR RESOLUTION NO.: 244,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, John Dalton of Allied Electrical has previously applied for and received Town of Queensbury approval as an electrical inspector authorized to do inspections in the Town, and WHEREAS, the Town Board has reviewed certain correspondence from the Town of Colonie and Florida State University regarding Mr. Dalton's experience and qualifications as presented in his previous application to the Town, and WHEREAS, Mr. Dalton appears to have provided fraudulent information regarding his credentials when he obtained his authorization, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby revokes and terminates approval of John Dalton of Allied Electrical as an authorized electrical inspector in the Town of Queensbury. Duly adopted this 15th day of June, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ADJOURN MEETING RESOLUTION NO. 245, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns. Duly adopted this 15th day of June, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY