Loading...
1998-07-06 REGULAR TOWN BOARD MEETING JULY 6,1998 7:00 P.M. MTG#33 RES# 253-272 B.H. 33-34 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN PLINEY TUCKER BOARD MEMBERS ABSENT COUNCILMAN DOUGLAS IRISH TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CONTROLLER, HENRY HESS WATER SUPERINTENDENT, RALPH VANDUSEN DEPUTY WASTEWATER DIRECTOR, MIKE SHAW EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, CHRIS ROUND PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER PUBLIC HEARINGS APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE A MOBILE HOME COURT FOR DAVID KELLEY, BIG BAY ROAD OPENED 7:03 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-We will open the public hearing. We will hear from anyone who chooses to either speak for or against. DAVID KELLEY-I'm here to answer any questions the board members may have or anybody else might have I'll do the very best to answer any questions. SUPERVISOR CHAMPAGNE-Dave you want to stay there for just a moment for us please? MR. KELLEY -Sure. SUPERVISOR CHAMPAGNE-This lot is directly across from Curtis Lumber Company is that correct? MR. KELLEY -Yes it is. SUPERVISOR CHAMPAGNE-Your neighbor, I guess it would be to the south who is that? MR. KELLEY-I'm not sure what the name is. I know she is a woman the house is a rental house. The people I've talked to them I don't remember what their name was now. I know the one on the other side there is a mobile home there that hasn't been used for six years and the people next to them name was Jim Troy, Mr. Troy is who I talked to there. I don't remember the name of the other people. COUNCILMAN TUCKER-Who is on the lot now? MR. KELLEY-On the lot now there is nothing there it is vacant. There is a shed on the lot, however, I don't know why but there has never been a building there at all. COUNCILMAN TUCKER-I believe that's all zoned light industry right there on that side of the road. MR. KELLEY -Yes it is, light commercial. SUPERVISOR CHAMPAGNE-You now have a double-wide mobile home located where? MR. KELLEY-On Vermont Avenue. SUPERVISOR CHAMPAGNE-This is a ninety-one Oak Springs is what you would be moving on there? MR. KELLEY-Right. SUPERVISOR CHAMPAGNE-Chris you want to join him there please. On the area variance the property is a hundred by a hundred and fifty it needs a front with a fifty feet and he is asking for a variance to do a thirty five. . . . . . EXECUTIVE DIRECTOR, MR. ROUND-Right. They have both an area variance could be because of the particular sighting doesn't meet the setback requirements. I think they are looking for side and front setback relief and also our Ordinance we also have to apply for a use variance for this particular. . . .. MR. KELLEY-I have both of them in the works. SUPERVISOR CHAMPAGNE-You can't pick up fifteen more feet by moving the unit back towards the back lot? MR. KELLEY - I could move it back I suppose. I didn't really want to I wanted a larger backyard, but if that's going to be a problem I could move it back. SUPERVISOR CHAMPAGNE-I don't know if it is going to be a problem obviously until you go to the Zoning Board of Appeals. Just as I look at the drawing, you know is it worth going through the aggravation maybe it is. MR. KELLEY -Yeah, I guess it would be. SUPERVISOR CHAMPAGNE-Is there anyone here this evening to speak against this proposal? People have been notified is that correct Chris? MR. KELLEY-When I talked to Mr. Troy he said he was already notified. I also noticed that most of the homes on that side of the road I don't believe any of them are fifty feet from the road, but you know they've been there a while and things have changed probably. DEPUTY CLERK O'BRIEN-Read the following letters into the record. LETTER DATED - JULY 6TH, 1998 DEAR BOARD MEMBERS: Regarding David Kelley's request, I would like to point out to the Board the status of 2 mobile homes on Big Bay Road. The first, on the East side of Big Bay Road was abandoned and after a number of months removed from the property. The property was never cleaned up after the trailer removal. A garage remains on the premises and the door is partially up. I have observed skunks entering the building. Secondly, I would like to call to the Board's attention to the remaining trailer across the street from Curtis Lumber. Noone has occupied the premises for nearly six years. The lawn is never mowed and windows are broken in the garage on the premises. I strongly object to any other mobile homes on this street in near proximity to my home as I feel that they devaluate my property. Respectfully, Lorraine Troy & James Troy 471 Big Bay Road Queensbury, NY 12804 LETTER DATED: JULY 3rd, 1998 TO: SUPERVISOR CHAMPAGNE AND MEMBER OF THE TOWN BOARD DEAR TOWN BOARD: I would like to take the opportunity to have this letter made part of the record for tonight's board meeting. I realize that under current law a Town Board member may not vote by any other means than by being present at a meeting. However, I would like to make my position on tonight's agenda known to the public. Res. 1.1, I am opposed to locating a mobile home outside a mobile home park. There are reasons Queensbury adopted the Town Code and one of them would seem to be consistency in planning for all types of growth in the Town. It would also seem to me that in order for the Town Board to grant this application, the applicant would have to provide proof of some hardship as to why a stick built home is not a viable option for this property, a hardship that is place on the property by the Town and through no fault of the owner. Financial hardship can not be considered grounds for granting such applications. I believe we either amend the Town Code or enforce it, let us not continue to allow variances to the Code because we lack the intestinal fortitude to say no. Res. 1,2, 1.3 I am in favor of. Res. 5.1-5.5 I am in favor of. Res. 5.6, I respectfully ask that the date of the public hearing be changed to August 3rd. I will be out on July 20th and as Chairman of The Supervisor's committee for Fire & EMS, I would like to be present. As and aside, I should indicate that through interest in our Town Report some information has been made available with respect to the present funding of vehicles. I have forwarded this information to Henry Hess and there may be some discussion needed in executive session. Res. 5.7-5.11 I am in favor of. Sincerely, Doug Irish Councilman Ward 3 SUPERVISOR CHAMPAGNE-Okay, with that said any other comments? JOHN SALVADOR-Councilman Irish brings up a good point. I really think the Town Code has to be modified. They way it is written now unless an applicant can obtain a variance they are forced to become a tenant. You are forcing a person to become a tenant and I don't think that's proper yet alone legal. A man should be free to purchase land and a manufactured home whatever it is locate on that he meets all the requirements of the zoning that's clear or gets a variance. But, simply to need a variance because you don't want to become a tenant you want to be independent I think the Town Code should recognize that privilege that I think a man is due. Thank you. SUPERVISOR CHAMPAGNE-Anyone else? Okay hearing none we'll close the public hearing. PUBLIC HEARING CLOSED 7:10 P.M. DISCUSSION HELD COUNCILMAN MERRILL-I guess I'd like to hear from Pliney since it lies in his Ward what your feeling is on it Pliney. COUNCILMAN TUCKER-In reference to the Troy letter. The mobile home across the road there was an application to put a double-wide on it and it was turned down the man that owns the property withdrew his application. Like, I said a month or so after the application was turned down the trailer was removed the other buildings are there. The garage maybe we could have the building department take a look at it and see if it's dangerous if it is it will either have to be closed up or tom down. The other one on the other side of the road I don't think anybody has lived in it for ages. The lawn the only time it doesn't look like it doesn't need mowing is when there is snow on it. Basically, I feel it will be an improvement to the neighborhood. SUPERVISOR CHAMPAGNE-Why are you interested in moving Dave? MR. KELLEY-Where I am now I rent the lot from Today's Modem. I don't want to rent the lot anymore I want my own so I can do my own thing. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR DAVID KELLEY, BIG BAY ROAD, QUEENSBURY RESOLUTION NO.: 253.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, David Kelley filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~113-l2 of the Code of the Town of Queensbury, to locate a mobile home at property situated at Big Bay Road, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on July 6th, 1998 with regard to the aforesaid permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit to David Kelley in accordance with the terms and provisions of ~113-l2 of the Code of the Town of Queensbury, such permit to be valid for a period of two (2) years. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Irish PROPOSED LOCAL LAW - AMEND CHAPTER 136 OF THE CODE, "SEWERS & SEWAGE DISPOSAL" OPENED 7:15 PM NOTICE SHOWN EXECUTIVE DIRECTOR, MR. ROUND-At the Town Board's request during the public hearing on Rich Schermerhorn property for some variances proceedings for his proposal on Walker Lane it was identified that maybe there was some changes we could make to this particular section of the Ordinance. The purpose for this particular section of the Ordinance was to prevent holding tanks to be installed and then filled around to avoid a mounding situation where you placed, where ever the grade is pre-construction or post construction and then have a situation where you have a tank basically protruding from the ground but covered with a significant amount of earth or to satisfy the Ordinance. I have drafted some language changes and indicated basically indicated what the purpose of the section was in order to guide somebody making an interpretation down the road. Also indicated gave additional language that the counselor looked at and we revised it once since the original go around. Basically, Section 1 of Chapter 136, E - All septic tanks must be installed, it read previously, it should be installed below the finished grade as existed prior to the installation of septic tank. That has been interpreted several different ways or there has been difficulty in interpreting it. We changed the language to include, all septic tanks must be installed below the finished grade of the site within a fifty foot radius of the installation to basically close that up. It is very difficult to draft some exact language that is not going to allow for some level of interpretation and this is what our attempt was to do. We're open for feedback from Town Board members. SUPERVISOR CHAMPAGNE-Fifty feet is an arbitrary number you just picked out of the air it could be twenty five it could be a hundred right? EXECUTIVE DIRECTOR, MR. ROUND-Exactly. Fifty feet if it was installed at grade covered with dirt if you tapered that grade if you had a typical four foot tank you tapered that grade fifty feet away from the tank you are going to avoid that mounding situation. SUPERVISOR CHAMPAGNE-You've heard the proposed local law. What this really does is it avoids the thought that you had to burying the tank at what the originally existing grade was you could of had another forty feet or ten feet on top of what was existing, but the tank was in theory suppose to be at that existing grade is that what we're trying to avoid here? EXECUTIVE DIRECTOR, MR. ROUND-There are several different scenarios that we are trying to avoid. I know one of the situations was what is finished grade? What is existing grade? Existing grade prior to construction? Existing grade after construction? In the case with Mr. Schermerhorn proposal that it didn't circumvent what the intent of this particular section of the Ordinance was but a literally interpretation didn't allow us to make that. I'm trying to allow for a broader authority from the Building and Code Department I think those people are experienced and can make a determination what was or wasn't if you indicate that in the purpose. If you indicate in the purpose was it in order to prevent mounding we all have a general feeling what the mounding situation was by allowing a broader authority hopefully we will be able to resolve the situation. By allowing a broader authority hopefully we will be able to resolve the situation through an interpretation. SUPERVISOR CHAMPAGNE-Is there anyone here to speak for or against this proposed law? JOHN SALVADORE-Septic and septic holding tanks fall into a category of a sub-surface on site system. I question the need for any of this it is a sub-surface facility. Now, I have a very large septic system, septic tank and the tank itself is sub-surface but there is probably an elevation difference between the tank and the leaching bed offour to five feet all within maybe seventy five feet of the tank. Would I be expected to fill that whole area not only that I would have an unusual amount of cover over the leaching bed which is not advisable. SUPERVISOR CHAMPAGNE-That's a good point John that is a perfect misfit. If you are on a slope and you want to bury your tank to the level of two or three feet and all of a sudden you are carrying that down you could break off and go at a ninety degree angle if you choose to do that. Then you would have to carry that same elevation for fifty feet out around the leach bed otherwise you've got to move your leach bed fifty feet from the tank. JOHN SALVADOR-Or blast and put the tank lower. SUPERVISOR CHAMP AGNE- That's a problem. MR. SALVADOR - I maintain its a sub-surface system as long as its under the surface. You can manufacture any grade you want, right? SUPERVISOR CHAMPAGNE-Yeah. MR. SALVADOR -You can manufacture any grade you want. Let the aesthetics let a person put this in so it fits you can hide this. If you came on our property you would not be able to find that septic tank unless you knew where it was because of the way we've handled it. COUNCILMAN TUCKER-There are cases that are just the opposite. People don't do anymore than what they have to do and I've seen it. SUPERVISOR CHAMPAGNE-The reason for this John is obviously we did have it wasn't a septic tank it was a holding tank really. MR. SALVADOR-Holding tanks are only allowed if a septic tank has failed it is already under ground it is already sub-surface. I don't think you need this law this is in a category of a sub-surface on site system. SUPERVISOR CHAMPAGNE-Do you understand what the problem is here Chris? EXECUTIVE DIRECTOR, MR. ROUND-You've identified the problem and I gave you a solution. With those elevation changes you are always going to run into situations. I think other restrictions of our septic code are going to preclude the situation from happening. If you have an abrupt elevation change from your distribution tank or your holding tank or your septic tank to your leach field you are not going to locate those in those areas. There are threshold values of elevation change that you have to achieve that are included in the design of the septic tank or septic field itself. This does not say that you can't have a four feet grade change between, it doesn't give you a threshold it just says you can't have a mounding. SUPERVISOR CHAMPAGNE-Okay. I don't have to carry that same coverage.... EXECUTIVE DIRECTOR, MR. ROUND-It doesn't say you have to keep the same grade, elevation. It says the same elevation must be maintained, same finished elevation above your holding tank has to be maintained within a fifty foot radius it does not say that. Mr. Salvador's point, is this really necessary. I know I'd have to look at the whole septic ordinance again. COUNCILMAN TURNER-If this tank was at that level let's say and we had to fill around it and we had to carrying it a radius of fifty feet out the outlet of the tank is in such a position so that you would have to go out of there to your D box at a pitch that means possibly the leach field would be in the mounding system itself would be in depth soil so there you are. EXECUTIVE DIRECTOR, MR. ROUND-It would be underneath the soil. COUNCILMAN TURNER-It would be underneath the soil it would still be able to evaporate. MR. SALVADOR-Our leach bed this particular instance is a huge mound it's our volleyball court it's level, green, it's beautiful, serves everybody. SUPERVISOR CHAMPAGNE-Okay. Anybody else in the audience care to speak? COUNCILMAN TUCKER-This would have to be completed before they get a CO? EXECUTIVE DIRECTOR, MR. ROUND-The permit process for septic tanks you have to get a building permit. There is an inspection prior to back filling and then after back filling. COUNCILMAN TUCKER-I mean they would have to meet all the criteria in this law before the CO would be issued? EXECUTIVE DIRECTOR, MR. ROUND-Yes, that is generally true, yes. SUPERVISOR CHAMPAGNE-Anyone else from the public care to address proposed law? If not anything more from the board I'll close the public hearing. PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION TO ENACT LOCAL LAW NO. 4, OF 1998 A LOCAL LAW TO AMEND CHAPTER 136 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED, "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO. 254. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law 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, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on July 6th, 1998, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend Chapter 136 of the Code of the Town of Queensbury entitled, "Sewers and Sewage Disposal," to be known as Local Law No.4, of 1998, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:Mr. Irish LOCAL LAW NO.: 4, OF 1998 A LOCAL LAW TO AMEND CHAPTER 136 OF THE CODE OF THE TOWN OF QUEENSBURY, ENTITLED "SEWERS AND SEWAGE DISPOSAL" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 136-8(E) of Chapter 136 of the Code of the Town of Queensbury entitled "Sewers and Sewage Disposal," is hereby amended as follows: E. All septic tanks must be installed below finished grade of the site within a fifty feet (50') radius of the installation. This section is intended to prevent the occurrence of mounding in the area of the tank. SECTION 2. Section 136-11(B)(l8) of Chapter 136 of the Code of the Town of Queensbury entitled "Sewers and Sewage Disposal," is hereby amended as follows: (18) All holding tanks must be installed below finished grade of the site within a fifty feet (50') radius of the installation. This section is intended to prevent the occurrence of mounding in the area of the tank. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. PROPOSED EXTENSION TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXT. NO.2 OPENED 7:26 P.M. NOTICE SHOWN DENNIS MAC ELROY, ENVIRONMENTAL DESIGN PARTNERSHIP REPRESENTING AMERADA HESS ON REQUEST FOR SEWER DISTRICT EXTENSION OF THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT MAP SHOWN MR. MAC ELROY-If need be, I'd run you through what we're..... SUPERVISOR CHAMPAGNE-Would you do that Dennis please just so we got a sense here of what is going to happen. Right now, I understand that there is a six inch line that goes from the car wash down Dix crosses Dix and goes into the City system. MR. MAC ELROY-There is an eight inch line on the south side of Dix which runs to the Kmart service driveway. I'll flip this over this will give you a reference point to the Hess site. This is Dix Ave running east. You've got the triangular shape parcel between Dix and Quaker which is the parcel that Hess is going to be developing this summer. We've received site plan approval for that site and we're hopeful for municipal sewer which meant extending the district from the Kmart service driveway east to the frontage of the Hess property. Again, currently the end manhole the high point manhole is in the Kmart service driveway. We had originally proposed crossing immediately to the north side ofDix and running along the north edge within the right-a-way ofDix to the Hess frontage and that's the proposal that was within the Map, Plan, and Report that was originally filed. Subsequent to that filling we've been able to determine a conflict with the existing eight inch water main which runs along the northern edge ofDix Avenue. After consideration of a number of different options what we've settled on is going along the southern edge of Dix to the point opposite the Hess frontage and crossing Dix at that point. Now what had to be done and just to explain the other part of the picture here. The original sewer district extension had included the Hess parcel as well as property owned by Boychuck. Again, within the original Map, Plan, and Report it indicated including that parcel within the district extension. When we considered our other options and flopped to the south side of Dix , Mr. Boychuck has decided now to rescind his request to be part of the district. I have a memo from him requesting that and I've submitted the paperwork which revised the Map, Plan, and Report to the Town Clerk, Town Attorney and we've gone through that. All those changes have been made but just to give you a sense of what the history is. It has included that parcel, but it no longer will because of that change to the south side of Dix it now just includes the Hess parcel out at the intersection. SUPERVISOR CHAMPAGNE-Anyone care to object pro, con, any opinions? Anyone here to speak for or against? Maybe Betty you can help me with this, but I recall at one time there was a sewer I thought that came out of the car wash from the Roger Hewlett car wash is that true Mike? DEPUTY DIRECTOR OF W ASTERW A TER MIKE SHAW-That's true. There is a privately owned force main from the car wash runs down to the city line. SUPERVISOR CHAMPAGNE-So you are planning to run the line and its going to be what size line? MR. MAC ELROy-It will be an eight inch sewer line. SUPERVISOR CHAMPAGNE-And that's what's there now joining it? MR. MAC ELROY-Correct. SUPERVISOR CHAMPAGNE-Right now that line running down to Kmart is running down what was originally intended to be the roadway in there where does that cut across? The line that is going into Kmart where is that located now? MR. MAC ELROY-On Dix from the west the line is on the south side on the Kmart side and ends at a high point manhole in the Kmart service driveway. SUPERVISOR CHAMPAGNE-Okay. MR. MAC ELROY-They actually have a grinder pump or a pump system that pumps into that manhole and then it flows by gravity down through the continuation of the system. MR. SALVADOR-What is the size of the line continuing? MR. MAC ELROY-The size of the line continuing to serve the Hess property is eight inch. SUPERVISOR CHAMPAGNE-So it is all straight eight inch John everything is eight inch from where it ties in to where it stops. There is a piece of property on the north side of Dix I believe it is owned by the federal government does that ring a bell? There is a piece of property on the north side of Dix that the federal government purchased for the purpose of building a new armory in there. That piece of property has since become surplus we have received information on that. That line would not cross in front of that property would it on the south side or would it? DEPUTY DIRECTOR WASTEWATER MR. SHAW-Where is the property? SUPERVISOR CHAMPAGNE-I can't get a reading on it with this particular map it is on the north side of Dix. I don't want to confuse the issue here tonight, but I'm just wondering if that had some application. DEPUTY DIRECTOR WASTEWATER, MR. SHAW-This line here could service anything on either side of the road on Dix. As far as servicing anything further on the other side of Quaker Road because of elevations this line would not be able to be used. Any of those parcels that currently aren't in the district now could be extended in the district just by putting a lateral in and doing a district extension. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN TURNER-Mike is there enough capacity there to take in the rest of these properties you are talking about, eight inch? DEPUTY DIRECTOR W ASTEW A TER, MR. SHAW-Assuming that we don't have any huge water users come in there correct. Generally an eight inch line is good for something like forty hundred and fifty thousand gallons a day we are no where near that now. SUPERVISOR CHAMPAGNE-Dennis, I guess why these questions are cropping up is there is a little excitement going on over that Quaker/Ridge area of the Earltown area. I don't know whether that would be a typical tie in coming out of the industrial park over on County Line Road. DEPUTY DIRECTOR W ASTEW ATER, MR. SHAW-We've talked about that area before it has been interesting that possibly coming down the power line and crossing Dix and going up near the Nimo building and connecting it out there. I understand the City has a manhole quite deep out there twenty feet deep or something it would be a tie in point, I believe there is a twelve inch main there. SUPERVISOR CHAMPAGNE-We've already checked out with the City to make sure that everything is clean and clear down there? DEPUTY DIRECTOR WASTEWATER, MR. SHAW -Yes we have. SUPERVISOR CHAMPAGNE-I think its a great move myself the more the merrier it cuts down the cost in terms of volume. Any other comments from anyone, public? Hearing none how about the board anything more from the board? COUNCILMAN TUCKER-Just one question. Who is going to look after the Towns interest to see that this is done right? DEPUTY DIRECTOR, WASTEWATER, MR. SHAW-Inspections are done provided by the developer, but we do stop by and check to make sure daily that things are within Town Code. MR. SALVADOR-Does the eight inch diameter provide for any kind of future expansion? DEPUTY DIRECTOR WASTEWATER, MR. SHAW-In that area yes it does. MR. SALVADOR-Eight inch sewer line sounds awful small. DEPUTY DIRECTOR W ASTEW A TER, MR. SHAW-Eight inch sewer line laid out minimum pitch is good for four hundred fifty thousand gallons a day and certainly in that area we are no where near that. MR. SALVADOR-Flowing at what? DEPUTY DIRECTOR WASTEWATER, MR. SHAW-Two feet per second. MR. SALVADOR-Sewage? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Sewage. ST ATE ENVIRONMENTAL ASSESSMENT FORM EXECUTIVE DIRECTOR, MR. ROUND-The applicant provided Part 1 of a long EAF you have that in front of you. I gave you tonight some suggested responses that's at your discretion as you review. I think Mr. Schachner, you have to review each question and find impact or no impact and answer that then you have a resolution in front of you. SUPERVISOR CHAMPAGNE-Chris do you want to do the questions? TOWN COUNSEL, MR. SCHACHNER-They just want you to read the questions. SUPERVISOR CHAMPAGNE-You read the questions and we'll do the answering. EXECUTIVE DIRECTOR, MR. ROUND-Question 1. Will the proposed action result in a physical change to the project site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-2. Will there be an effect to any unique or unusual land forms found on the site? (i.e.., cliffs, dunes, geological formations, etc.) SUPERVISOR CHAMPAGNE-Not to my knowledge. Any other board members see anything with that? The answer is no to that. EXECUTIVE DIRECTOR, MR. ROUND-3. Will the proposed action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) SUPERVISOR CHAMP AGNE- There is some wetlands down there but this doesn't.... EXECUTIVE DIRECTOR, MR. ROUND-Those aren't those protected waters not in this particular section of the site they are not impacted. SUPERVISOR CHAMPAGNE-The answer to that would be no. EXECUTIVE DIRECTOR, MR. ROUND-4. Would the proposed action affect any non protected existing or new body of water? SUPERVISOR CHAMPAGNE-No. EXECUTIVE DIRECTOR, MR. ROUND-5. Will the proposed action affect surface or groundwater quality or quantity? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-6. Will proposed action alter drainage flow or patterns, or surface water runoff? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-7. Will the proposed action affect air quality? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-8. Will proposed action affect any threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-9. Will proposed action substantially affect non-threatened or non-endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-1O. Will proposed action affect agricultural land resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-II. Will proposed action affect aesthetic resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-13. Will propose action affect the quantity or quality of existing or future open spaces or recreational opportunities? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will there be an effect to existing transportation systems? SUPERVISOR CHAMPAGNE-Only during construction probably so the answer to that would be no. EXECUTIVE DIRECTOR, MR. ROUND-l 5. Will the proposed action affect the community's sources of fuel or energy supply? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-17. Will proposed action affect public health and safety? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-l 8. Will proposed action affect the character of the existing community? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-l 9 . Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? TOWN BOARD-No. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION NO.2 TO THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO.: 255.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is considering the approval and authorization of an extension to the Queensbury Technical Park Sewer District to be known as the Technical Park Sewer District Extension No.2, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION APPROVING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.2 RESOLUTION NO. 256. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill 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, on June 15th, 1998, subsequent to the filing of the Plan with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on July 6th, 1998 and the Town Board has considered the evidence given together with other information, and WHEREAS, at such public hearing the Developer's engineers reported that the route of the sewer line must be relocated to the south side ofDix Avenue due to a conflict with the existing Town water main, and WHEREAS, such relocation of the sewer line route will result in increased costs to hook-up the parcel identified in such Map, Plan and Report as tax map number 110-1-1.25, and WHEREAS, due to such increased costs the owner of such parcel no longer wishes to be part of the proposed extension, as shown by the letter of Mr. Boychuck dated July 6th, 1998, which was delivered to the Town Board at the public hearing, and WHEREAS, the Developer has recommended changes to the Map, Plan and Report to take into account the new information presented at the public hearing and proposes that the Town Board accept the revised Map, Plan and Report, which revised Map, Plan and Report is attached to this Resolution, and WHEREAS, such changes are merely to delete the parcel having tax map number 110-1-1.25 from the proposed extension of the Queensbury Technical Park Sewer District (which requires a corrected property description) and to correct the route of the sewer line, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed Sewer Extension, as detailed in the revised Map, Plan and Report, pursuant to Town Law, Article l2A, and consolidate the same with the Queensbury Technical Park Sewer District pursuant to Town Law ~206A, and WHEREAS, the said Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: I.Notice of public hearing was published and posted as required by law and is otherwise sufficient; l.It is in the public interest to establish, authorize, and approve the Technical Park Sewer District Extension NO.2 to the existing Queensbury Technical Park Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury as amended by the Town Board at the public hearing to include the parcel having tax map number 110-1-2.7, and as more specifically described as follows: ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE in the Town of Queensbury, 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 comer 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. All property and property owners within the extension are benefitted thereby; 4. All property and property owners benefitted are included within the limits of the extension; 5. Pursuant to ~206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended; and BE IT FURTHER, RESOLVED, that: the Technical Park Sewer District Extension NO.2 is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report, as amended by the Town Board at the public hearing and construction of the improvements may proceed and service provided and subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 1. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 1.A permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; 1. The adoption of a final Order by the Town Board of the Town of Queensbury; 1. The execution of an agreement concerning the extension in form acceptable to Town Counsel; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of Article 7 and Article l2-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Irish DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, MR. SCHACHNER-Before you do that we heard for several weeks or at least a week about Mr. Boychuck's request to not be included there is a representation that it is in writing we would like to see it. I think your resolution even includes a blank for the date of the correspondence. MR. MAC ELROY-Presented Boychuck letter to Deputy Town Clerk, dated July 6th. (On file Town Clerk's Office) TOWN COUNSEL, MR. SCHACHNER-So the blank should be filled in with July 6th. PUBLIC HEARING CLOSED 7:45 P.M. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 257. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and moves into the Queensbury Board of Health. Duly adopted this 6th day of July, 1998, by the following vote: Ayes: Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:Mr. Irish SANITARY SEW AGE DISPOSAL VARIANCE FOR MARY TRELLO SUPERVISOR CHAMPAGNE-This is one we had the public hearing on the last regular meeting? COUNCILMAN MERRILL-If! could just comment on this Fred. This is an existing seasonal cottage the existing system has failed. Tom Nace, Dave Hatin, and I inspected the site there is a lack of space for conventional system and it is close to wetlands in the back. I have reviewed with the contractor what he plans to put in there and I feel that it is an acceptable system. We have a reading from the State of New York Department of Health that says, when an existing sub-surface wastewater treatment system fails and site conditions are unsuitable for construction of a replacement and that's the case here local officials may authorize installation of a holding tank to address the problem. I think this is an instance where there is no alternative, but to authorize a holding tank. COUNCILMAN TURNER-It is seasonal anyway? COUNCILMAN MERRILL-I believe it is seasonal is that correct? MRS. TRELLO-It is year round. SUPERVISOR CHAMPAGNE-There would be someone living in that cottage year round. MRS. TRELLO- There has been for the last thirty four years. COUNCILMAN MERRILL-Is there a problem John we had the public hearing on this? MR. SAL V ADOR- Was the public hearing closed? SUPERVISOR CHAMPAGNE-Yes. MRS. SALVADOR-When? MR. SAL V ADOR-I was at the public hearing Fred it was not my understanding that the public hearing was closed. It was my understanding that the application was tabled. TOWN COUNSEL, MR. SCHACHNER-It is absolutely true that the application was tabled that has nothing to do with the public hearing. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR MARY TRELLO RESOLUTION NO.: 33. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mary Trello owns property at 1353 Assembly Point Road in the Town of Queensbury, New York and bearing Tax Map No.: 7-1-22 at which there exists a failed septic system, and WHEREAS, Mary Trello previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that an applicant must apply for a variance in order to have a holding tank, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on 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 variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance 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 variance to Mary Trello allowing a holding tank on property situated at 1353 Assembly Point Road in the Town of Queensbury, New York, and bearing Tax Map No.: 7-1-22. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTON NO. 34. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 6th day of July, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne Noes: None Absent:Mr. Irish CORRESPONDENCE - NONE TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN TURNER-Spoke to the board regarding Highway Committee Meeting held on July 2nd, 1998. Items discussed truck that was taken off Auction list #86-1 1986 Ford 1 Ton F350 4 x 4, it was declared that it had no value Coal Patch Machine received quotes from other people but they cannot supply it. ARTCO Equipment only one in area that supply's this machine. Talk about Sidewalk Ordinance. Will be putting another sign at Rocky Shore Road will be sending a letter to people involved certified or registered mail. Talked about drainage on Cronin Road it is in progress. Halfway Brook talking about trying to get some of the debris out of Halfway Brook to help with the drainage. Talked about drainage from the County Road on Quaker into the property on Meadow Lane. Walker Lane will probably be paved within two weeks. Talked about plowing for the County have fifteen trucks to do work we have along with trying to do theirs possibly may advertise for CDL drivers in the winter. Talked about drainage on Maplewood. COUNCILMAN MERRILL-Noted they did review Ward Four roads. Paul will be reviewing it to see if he has any money when he is done. COUNCILMAN TUCKER-Spoke to the board regarding the four street lights that were approved for Big Boom Road. At time approved Niagara Mohawk said pole twenty seven which is located at the gate to the entrance to the park was loaded with equipment. Received letter noting there isn't room for a light will have to install a second pole at a cost of $57.75. Questioned if this needs a resolution? SUPERVISOR CHAMPAGNE-Need a resolution. OPEN FORUM (RESOLUTIONS) BARBARA BENNETT-Spoke to the board regarding hiring of temporary part-time clerk in the Assessor's Office, questioned if this was due to the STAR Program? COUNCILMAN MERRILL-This particular position is for the summer survey of Lake George to update the parcel on Lake George. SUPERVISOR CHAMPAGNE-Will be bringing in part-time person to do some work up at Lake George to prepare for new assessment within the next two years. COUNCILMAN TURNER-Noted it will be going on for two years. MRS. BENNETT-Questioned if the refinancing of the Water Plant is to lower the rate? SUPERVISOR CHAMPAGNE-Yes. JOHN SALVADOR-Spoke to board regarding Res. 5.13 and the assessment. Requested that before any work on reassessment is conducted that the tax maps be brought into compliance made accurate and that the Town boundaries be adequately identified. Believes taxing facilities that are technically in the Town of Bolton and the Town of Bolton is not granting permits for things that are located in their zoning jurisdiction. RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 1998 TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 34 THEREOF ENTITLED, "1997 RETIREMENT INCENTIVE PROGRAM" AND REPLACING IT WITH A NEW CHAPTER 47 ENTITLED, "1998 RETIREMENT INCENTIVE PROGRAM" WHICH CHAPTER SHALL AUTHORIZE A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES OF THE TOWN OF QUEENSBURY RESOLUTION NO. 258.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _ of 1998 to Amend the Code of the Town of Queensbury by Repealing Existing Chapter 34 Thereof, Entitled, "1997 Retirement Incentive Program" and Replacing it With a New Chapter 34 Entitled, "1998 Retirement Incentive Program," which Chapter shall authorize a retirement incentive program for eligible employees of the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the Municipal Home Rule Law of the State of New York and Chapter 47, Laws of 1998 of New York State, 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 July 20th, 1998, to consider proposed Local Law No. _ of 1998 and to hear all interested persons and take such action 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 presented at this meeting in the manner provided by law. Duly adopted this 6th day of July, 1998, by the following vote: AYES: Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN BOARD OF THE TOWN OF QUEENSBURY ON BEHALF OF THE PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AND THE CITY OF GLENS FALLS BOARD OF WATER & SEWER COMMISSIONERS RESOLUTION NO.: 259.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Resolution No.: 422, 94, the Town Board of the Town of Queensbury authorized a three (3) year Agreement between the Town of Queensbury on behalf of the Pershing-Ashley-Coolidge Sewer District and the City of Glens Falls Board of Water and Sewer Commissioners regarding the City's treatment and disposal of sewage waste generated within the Pershing-Ashley-Coolidge Sewer District and the Agreement recently expired, and WHEREAS, the City of Glens Falls Board of Water and Sewer Commissioners has presented the Town of Queensbury with a new three (3) year contract Agreement, which is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, approves the new three (3) year Agreement presented at this meeting and further authorizes and directs the Town Supervisor to execute the Agreement and any other and further documentation necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of July, 1998 by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION EXPRESSING NO OBJECTION TO TELERGY COMPANY'S ATTACHMENT OF FIBER OPTIC CABLES TO CERTAIN BELL ATLANTIC AND/OR NIAGARA MOHAWK POWER CORPORATION POLES LOCATED WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO.: 260.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, TELERGY, a certified carrier authorized by the New York State Public Service Commission has entered into agreements with certain public electric and telephone utility companies to attach its cables to utility poles in the Town of Queensbury in connection with the construction of its fiber optic telecommunications network, and WHEREAS, as a condition to those agreements, the utility companies have required TELERGY to provide evidence that the Town of Queensbury has no opposition to TELERGY's construction of its fiber optic telecommunications network, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury states that it has no opposition to TELERGY's construction of its fiber optic telecommunications network referenced above and that no permission is required from the Town of Queensbury in connection with TELERGY's attachment of its cables to certain utility poles owned or controlled by public electric and/or telephone companies, including Bell Atlantic (formerly known as NYNEX) and Niagara Mohawk Power Corporation located within the Town of Queensbury. Duly adopted this 6th day of July, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES: None ABSENT:Mr. Irish RESOLUTION AUTHORIZING ENGAGEMENT OF RIST-FROST ASSOCIATES, P.c. TO PROVIDE ENGINEERING TECHNICAL SERVICES TO THE QUEENSBURY PLANNING BOARD AND PLANNING DEPARTMENT RESOLUTION NO.: 261.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Christopher Round, Town of Queensbury Director of Community Development, previously requested proposals from professional engineering firms for the purpose of providing engineering technical services to the Town of Queensbury Planning Board and the Planning Department, and WHEREAS, Mr. Round received and reviewed proposals from local engineering firms and has recommended that the Queensbury Town Board authorize the engagement of Rist-Frost Associates, P.C., and WHEREAS, a copy of Rist-Frost Associates' proposal for engineering services dated March 24th, 1998, has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Rist-Frost Associates, P.C. to provide engineering technical services to the Queensbury Planning Board and Planning Department at the hourly billing rates listed on the attached schedule to Rist- Frost's March 24th, 1998 proposal, 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 Christopher Round, Town Community Development Director and/or Fred Champagne, Town Supervisor to execute any forms or agreements, in form approved by Town Counsel, necessary to effectuate this Resolution. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28, ORDINANCE ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK REESOLUTION NO. 262. 98 (MOTION WITHDRAWN) INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill DISCUSSION HELD COUNCILMAN TUCKER-Questioned the purpose of this resolution? COUNCILMAN TURNER-Putting two stops signs one at the main entrance and one at the truck entrance at Curtis Lumber. COUNCILMAN TUCKER-He has spoken with the Manager and asked him how come the company didn't do this? He said that the corporate lawyers said that the company shouldn't do this because they would be responsible. Questioned who will be responsible if the board does this? TOWN COUNSEL, MR. SCHACHNER-Noted not envisioning putting the stops signs on private property. If we were then our recommendation would be not to do that. COUNCILMAN TURNER-Noted if they can't be put in the right-a-way then they won't be putting them up. COUNCILMAN TUCKER-Noted trailers parks put in there own stop signs. The traffic law says whether there is a sign there or not have to stop before you enter traffic. Noted Curtis Lumber is a great company it is good for the area just wondering if they are stepping further than they should be stepping. After further discussion it was the decision of the board to pull the resolution. RESOLUTION SETTING PUBLIC HEARING REGARDING AMENDMENT TO AGREEMENTS BETWEEN THE TOWN OF QUEENSBURY AND ITS FIVE (5) VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 262.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously authorized agreements between the Town of Queensbury and the Town of Queensbury Volunteer Fire Companies for fire protection services through December 31, 1999, and WHEREAS, Queensbury Central Volunteer Fire Company, Inc., has requested that the Town Board consider amending the current agreements so that Town funds could be used toward payment for cars and associated expenses for Fire Chiefs, and WHEREAS, ~184 of the Town Law of the State of New York provides that the contracting parties, by mutual consent, after public hearing, may amend an agreement provided it is in the public interest to do so, and WHEREAS, the Town Board of the Town of Queensbury has determined that it is in the public's best interest to amend the current fire protection agreements, and WHEREAS, a copy of a proposed Amendment Agreement between the Town and the Fire Companies has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on August 3rd, 1998, at 7:00 p.rn., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, regarding the proposed amendment to the fire protection agreements between the Town of Queensbury and the Town's five (5) Volunteer Fire Companies and hereby further authorizes and directs the Town Clerk to publish the notice of public hearing in the Post -Star Newspaper, once at least ten (10) days prior to the public hearing. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION AUTHORIZING PAYMENT TO JOSEPH R. WUNDERLICH, INC. IN ACCORDANCE WITH ARBITRATION DECISION RESOLUTION NO.: 263.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury entered into a contract with Joseph R. Wunderlich, Inc., to lay water pipe under the Northway at Gurney LanelExit 20, and WHEREAS, certain disputes arose between the Town and Wunderlich relative to the manner in which Wunderlich performed its work under the contract, and WHEREAS, these disputes were subject to arbitration pursuant to the terms of the contract, and WHEREAS, the American Arbitration Association has rendered its decision and Town Counsel has reviewed the decision with the Town Board, and WHEREAS, Henry Hess, Town Controller, has calculated the principal amount of the award and interest owed to Joseph R. Wunderlich, Inc., as well as the town's administrative fees, and the Town Board wishes to authorize payment to Joseph R. Wunderlich, Inc., in accordance with the Arbitration Decision, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment of principal and interest totaling $135,089.28 to Joseph R. Wunderlich, Inc., in accordance with the Decision by the American Arbitration Association dated June 10th, 1998, and BE IT FURTHER, RESOLVED, that the Town Supervisor, Town Counsel and/or Town Controller are further authorized and directed to execute any further documentation necessary to conclude the Wunderlich arbitration. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY C R BARD INCORPORATED RESOLUTION NO.: 264.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, C R Bard, Inc., has commenced an Article 7 real property assessment review case against the Town of Queensbury for the 1996 and 1997 assessment years, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this case with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by C R Bard, Inc. in accordance with the following revised assessment value: Tax Map No.: Tax Years: New Assessment: 105-1-19 106-3-1 1996 & 1997 1996 & 1997 $ 5,783,936 254,800 (TOTAL: $ 6,038,736) and BE IT FURTHER, RESOLVED, that the settlement shall be with one-half of the refund, including interest, that would ordinarily be payable, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:Mr. Irish DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Recommended having the old assessment along with the new assessment included in the resolution. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY D&C MANAGEMENT ASSOCIATES RESOLUTION NO.: 265.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, D&C Management Associates has commenced an Article 7 real property assessment review case against the Town of Queensbury for the 1997 assessment year, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this case with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by D&C Management Associates in accordance with the following revised assessment value: Tax Map No.: Tax Year: New Assessment: 71.-2-14.2 1997 1998 1999 2000 $ 633,600 633,600 633,600 633,600 and BE IT FURTHER, RESOLVED, that the settlement shall be with a refund to be paid by the Town, without interest, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY D&C MANAGEMENT ASSOCIATES RESOLUTION NO.: 265.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, D&C Management Associates has commenced an Article 7 real property assessment review case against the Town of Queensbury for the 1997 assessment year, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this case with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by D&C Management Associates in accordance with the following revised assessment value: Tax Map No.: Tax Year: New Assessment: 71.-2-14.2 1997 1998 1999 2000 $ 633,600 633,600 633,600 633,600 and BE IT FURTHER, RESOLVED, that the settlement shall be with a refund to be paid by the Town, without interest, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Spoke to the board regarding memo of June 30th, regarding the School Board accepting this offer. Questioned if they will be putting the School Board in an awkward position if the board agrees on the assessment without knowing whether they agree? TOWN COUNSEL, MR. SCHACHNER-Noted it is strictly a timing issue. The School Board doesn't meet as often as the Town Board. This is a proposed settlement in a case in which the school district is a party. If we were to approve this settlement and the school district were to reject the settlement then the case doesn't settle. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY KENNY PROPERTIES, LTD. RESOLUTION NO.: 266.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Kenny Properties, Ltd. has commenced Article 7 real property assessment review cases against the Town of Queensbury for the 1995, 1996 and 1997 assessment years, and WHEREAS, the Town Board of the Town of Queensbury has reviewed these cases with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, and WHEREAS, the Lake George Central School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Kenny Properties, Ltd. in accordance with the following revised assessment value: Tax Map No.: Tax Years: New Assessment: 36-1-31 1995/96 1996/97 1997/98 $ 2,300,000 2,300,000 2,300,000 and BE IT FURTHER, RESOLVED, that the settlement shall be with refunds to be paid by the Town without interest, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY NEW YORK TELEPHONE RESOLUTION NO.: 267.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, New York Telephone has commenced an Article 7 real property assessment review case against the Town of Queensbury for the 1997 assessment year, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this case with Town Counsel and the Town Assessor has recommended the following settlement to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by New York Telephone in accordance with the following revised assessment value: Tax Map No.: Tax Year: New Assessment: 903. -4-1.1, 1.2 and 1.3 1997 $ 2,166,454 1998 $ 2,131,000 and BE IT FURTHER, RESOLVED, that the settlement shall be with a refund to be paid by the Town, without interest, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Counsel are authorized to execute settlement documents and take any additional steps that may be necessary to effectuate the proposed settlement in accordance with the above terms. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION AUTHORIZING PURCHASE OF ASPHALT RECLAIMER FOR THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 268.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Paul Naylor, Town Highway Superintendent, has requested approval from the Town Board of the Town of Queensbury to purchase a new asphalt reclaimer for use in the Town's Highway Department, and WHEREAS, in accordance with the Town's Purchasing Procedures, Mr. Naylor solicited quotes for the purchase of one asphalt reclaimer and has recommended that the Town purchase the asphalt reclaimer from ARTCO Equipment Sales, Inc., for the lowest quoted amount of $ 9,995, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the purchase of one asphalt reclaimer from ARTCO Equipment Sales, Inc., for the amount of $ 9,995, said purchase to be paid for from the appropriate account. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION HIRING TEMPORARY PART-TIME DATA COLLECTOR IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 269.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Queensbury Town Assessor has requested the employment of a temporary, part- time Data Collector in the Town Assessor's Office for an approximate time period of ninety (90) days to collect data and update records of properties in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the Assessor's request and agrees that the temporary employment of a part -time Data Collector is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the hiring of Howard Bluege as a part -time, temporary employee in the position of Data Collector at the rate of $10 per hour, not to exceed 30 hours per week, with a proposed starting date of July 20th, 1998 for an approximate ninety (90) day time period, and BE IT FURTHER, RESOLVED, that the salary for Mr. Bluege shall be paid for from Account No. 01-1355-1002. Duly adopted this 6th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Irish RESOLUTION AUTHORIZING RETENTION OF SERVICES OF STATE STREET BANK & TRUST CO., NA, AS ESCROW AGENT IN CONNECTION WITH THE TOWN OF QUEENSBURY'S REFINANCING OF THE WATER TREATMENT PLANT RESOLUTION NO.: 270.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously authorized engagement of the services of Environmental Capital Associates, Inc., for purposes of providing financial advisory services in connection with the Town of Queensbury's borrowing from the Environmental Facilities Corporation (EFC) under the Drinking Water State Revolving Fund (DWSRF) to refinance its existing 1995A Bonds issued for purposes that qualify under the DWSRF, and WHEREAS, Environmental Capital Associates, Inc.(ECA) has advised Town Controller Henry Hess that the Town of Queensbury needs to retain an Escrow Agent to provide other various financial services in connection with the EFC refinancing, including investment of defeasement funds through the year 2009, and WHEREAS, State Street Bank & Trust Co., N.A. has offered to act as the Town's Escrow Agent for a one-time administration fee of $2,750 payable at the closing of the refinancing transaction, plus a transaction fee of $20 for each wire transfer, and WHEREAS, Henry Hess has recommended that the Town Board engage the services of State Street Bank & Trust Co., N.A., as Escrow Agent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes engagement of State Street Bank & Trust Co., N.A. as Escrow Agent for the purposes of providing the financial services referenced above, for an amount not to exceed $2,750 as a one-time administration fee payable at closing of the refinancing, plus a transaction fee of $20 for each wire transfer, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller and/or Town Supervisor to execute any forms or documents necessary to effectuate this Resolution, and BE IT FURTHER, RESOLVED, that the costs of the services provided for in this Resolution shall be paid for from the appropriate account. Duly adopted this 6th day of July, 1998, by the following vote: AYES: Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:Mr. Irish OLD BUSINESS - NONE NEW BUSINESS COUNCILMAN TUCKER-Spoke to the board regarding the possibility of having a beach at Hudson River Park. Thinking of dredging land at the edge of the river and bringing the river in to create a park noting they will need sand. The mall expansion has 450,000 cubic yards of sand thinking of using this for the beach. Has spoken to Harry Hansen, Director of Parks & Recreation, the architect, and Jim Martin, L.A. Group, and Executive Director, Mr. Round about putting the word in with the mall. TOWN BOARD WORKSHOP SUPERVISOR CHAMPAGNE-Noted the Town Board will be meeting with QEDC on July 7th at 4:00 p.rn., at 7:00 p.rn. meeting with the Lake George Park Commission at North Queensbury Firehouse. Wednesday nights meeting at West Glens Falls Firehouse regarding Corinth Road corridor proposal. ATTORNEY MATTERS TOWN COUNSEL, MR. SCHACHNER-Three or four litigation matters. OPEN FORUM 8:25 P.M. MR. SALVADOR, QUEENSBURY -Spoke to the board regarding his septic variance permit pending before the Town Planning Department was under the impression the setting of a public hearing date would have been done tonight. TOWN COUNSEL-Advise was not to process this because our understanding is that the application seeks variance for a holding tank that does not fit within the two categories that the Health Department has informed us we can authorize holding tanks. One being temporary use during construction of a permanent sub-surface treatment system, the other being to replace an existing failed septic system. Received letter from Health Department that appeared to indicate ( seeking clarification regarding letter) that those are the only two times the local Board of Health could authorize the use of a holding tank. As best as they could determine the application did not fall into either of those categories this is why we advised that it not be processed. MR. SALVADOR-Spoke to the board regarding the variance application for Mrs. Trello noting the site visit was predicated on the fact that this was a seasonal operation. TOWN COUNSEL, MR. SCHACHNER-From the legal standpoint that is not so. MR. SALVADOR -Noted if the cottages were used on a seasonal basis the septic system would not have failed the problem is it is being overloaded. SUPERVISOR CHAMPAGNE-That is the only criteria we really need. COUNCILMAN MERRILL-Noted there is nothing in there that says seasonal. TOWN COUNSEL, MR. SCHACHNER-As far as being a legal requirement the seasonal is not a legal requirement. MR. SALVADOR-Questioned if the site is suitable for a year round residence? TOWN COUNSEL, MR. SCHACHNER-The reference is suitable for a conventional system. SUPERVISOR CHAMPAGNE-Noted in their opinion yes it is. MR. SALVADOR-Noted the board could condition their variance to seasonal operation. COUNCILMAN MERRILL-Noted they could of we choose not to.. MR. SALVADOR-Questioned the status of the engineering work on Dunham's Bay Road? COUNCILMAN MERRILL-Review it with Tom Nace. Mr. Nace has spoken with Mr. Naylor will be getting together on this scheduling the work for September. MR. SALVADOR-Questioned if there are any plans for the Comprehensive Planning Committee to meet? SUPERVISOR CHAMPAGNE-Will try to get information to you. MR. SALVADOR-Spoke to the board regarding Seeyle Cemetery. COUNCILMAN TURNER-Noted it was talked about at a Cemetery Commission Meeting noted in the minutes it said they will be doing some maintenance. MR. SALVADOR-Spoke to the board regarding the data collection process in North Queensbury. Ask the board to give consideration to the fact they have a lot of commercial property up there and commercial property is to be assessed as it is being used. Doesn't think this is recognized in the assessed valuation of some of these commercial operations. TOWN COUNSEL, MR. SCHACHER-Noted the assessment in theory is based on a number of things, but the theory has to do with its potential and what its current use it. Is not necessarily tied to something as specific as what you are saying, but could be a factor. MR. SALVADOR-Spoke to the board regarding the Wunderlich Contract. Questioned what was the total value of the original contract? WATER SUPERINTENDENT, MR. VANDUSEN-In the range of one half million. MR. SALVADOR-Noted the extra charge..... TOWN COUNSEL, MR. SCHACHNER-Very careful to describe that not as an extra charge. It is important to recognize that this was not an extra charge that in excess of a hundred thousand dollars of this if not the entire amount was part of the original project budget so it is not an extra charge. SUPERVISOR CHAMPAGNE-Noted Mr. Salvador could come into his office or the office of the controller and go through the numbers with thern. MRS. KATHLEEN SALVADOR-Spoke to the board regarding no services available to residents in North Queensbury, noting her concern for the elderly that live in the area. Asked the board to look at the zoning in that area and do something more for North Queensbury. BARBARA BENNETT-Noted this is a subject she took up a couple years ago with the County Supervisor's noting the elderly are the group that is growing and you need an all service type store every district. SUPERVISOR CHAMPAGNE-Have empathy for them and fully understands, but what the market will bear is what the market will bear. This is the kind of thing I believe that in some our zoning and some of the changes that hopefully will be made in the comprehensive plan where you do get into this clustering aspect and within this clustering aspect there is this little comer store. In Hudson Park there is a commercial comer precisely for what we're talking about. MR. SALVADOR-Spoke to the board regarding the Town map noting the location of North Queensbury that there is no indication that there is any life there. Spoke to the board regarding getting public transportation to the North Queensbury area. OPEN FORUM CLOSED 9: 44 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 271. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss personnel-contractual matter, three to four litigation matters, CSEA negotiations. Duly adopted this 6th day of July, 1998, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None Absent:Mr. Irish DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Spoke to the board regarding the John Johnson accident and the report that was filed by the State. Would like to know what is involved? Where they are going and what direction they are taking? TOWN COUNSEL, MR. SCHACHNER-Noted there will be meeting to discuss the State's Report and the Town's position. SUPERVISOR CHAMPAGNE-Cited for two citations. Response back is the result of those citations by Attorney Hafner. The real question now is for us to meet with thern. The machine is out of service so we answered the citations. The next step would be for us to have hearing to explain our side of the issue. TOWN COUNSEL, MR. SCHACHNER-Believes there is an informal conference first. COUNCILMAN TUCKER-Questioned if they will be kept abreast of what takes place? SUPERVISOR CHAMPAGNE-Sure. RESOLUTION ADJOURNING EXECUTIVE SESSION AND MEETING RESOLUTION NO. 272. 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 6th day of July, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne Noes: None Absent:Mr. Irish No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury