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1998-09-21 REGULAR TOWN BOARD MEETING SEPTEMBER 21, 1998 7:02 P.M. MTG#46 RES#346-364 BOARD MEMBERS PRESENT DEPUTY SUPERVISOR RICHARD MERRILL COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER BOARD MEMBERS ABSENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN THEODORE TURNER TOWN COUNSEL MARK SCACHNER TOWN OFFICIALS Ralph VanDusen, Water Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Executive Director of Community Development Dave Hatin, Director of Building and Codes PRESS: GF Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Deputy Supervisor Merrill called meeting to order and introduced Roger Ovitt, Bob Truesdale, Mark Decker and Dave Marshall and presented them with following resolution: RESOLUTION OF COMMENDATION RESOLUTION NO. 346, 98 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, on Sunday, September 13, 1998, a Queensbury home in Heinrick Circle caught fire, and WHEREAS, four brave men, Roger Ovitt, Bob Truesdale, Mark Decker and Dave Marshall, saw smoke at a neighbor's home rescued a man from the burning house, and WHEREAS, the Town of Queensbury is proud of these four individual for their brave and unselfish act of saving another human beings life, NOW, THEREFORE BE IT RESOLVED, that I, Richard Merrill, Deputy Town Supervisor, for the Town of Queensbury, on behalf of the Town Board and the residents of the Town of Queensbury, do hereby wish to recognize and thank all four extremely brave individuals who helped save a life of another resident within our Town. Duly adopted this 21st day of September, 1998, by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker NOES: None ABSENT: Mr. Turner, Mr. Champagne PUBLIC HEARING - Proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll Notice Shown 7:07 P.M. DEPUTY SUPERVISOR MERRILL-The next item of business is a resolution adopting the Central Queensbury Quaker Road Sewer District Benefit Tax Roll and I'd like to open the public hearing at this time. In accordance with New York State Town Law, the Town of Queensbury Town Board has prepared a benefit assessment roll assessing the expense of district improvements of the general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and I'd like to ask Mike Shaw to come up and explain this in a little more detail and then we'll open it up for public questions. MIKE SHAW, DEPUTY WASTEWATER SUPT.-The proposed roll for 1999 for Central Queensbury Quaker Road Sewer District has been updated with the necessary changes in tax map parcels and commercial water usage. The roll this year, total units has decreased or has increased, excuse me ten points, one two points. The bond municipal payment is down fifty-eight thousand dollars this year. The total projected per unit charge will be a hundred dollars and ninety-seven cents, down eight dollars and forty-five cents from last year. The projected residential charge for 1999 benefit roll will be three hundred and two dollars and ninety-one cents for residential use. DEPUTY SUPERVISOR MERRILL-And that's a decrease of how much? You missed the punch line here. MR. SHAW, DEPUTY WASTEWATER SUPT.- A decrease of twenty-five dollars and thirty-five cents. DEPUTY SUPERVISOR MERRILL-Are there any questions from the floor? Any questions from the public on this matter? It is a significant reduction and I think we're proud to be able to announce it tonight. Yes, John. JOHN SAL V ADOR-I believe some DEPUTY SUPERVISOR MERRILL-Name please. MR. SALVADOR-John Salvador. I believe during the year certain properties were, are no longer using this sewer district, I believe the Howard Johnson Motel for instance has been shut down. There's a restaurant up there that was on this sewer system. Do they continue to pay a tax? MR. SHAW, DEPUTY WASTEWATER SUPT.-Yes they do. MR. SALVADOR-In commensurate with what they were paying before they were shut down? MR. SHAW, DEPUTY WASTEWATER SUPT.-Well currently this year they're on the roll, they will be assessed as a commercial property, okay occupied commercial property and all commercial properties pay for water usage also. They'll pay on prior years consumption, from August 1998 to August 1997. This year's roll they are paying as an occupied commercial use property. Aviation Mall has taken ownership of those properties and will be paying that. MR. SALVADOR-As if there were a hundred motel units there? MR. SHAW, DEPUTY WASTEWATER SUPT.-That's correct. MR. SALVADOR-Now, will that ever change? Is that an encumbrance this land has forever and ever? COUNCILMAN IRISH-Do they pay a use? They pay a use for, was it per thousand gallons plus a tax? MR. SHAW, DEPUTY WASTEWATER SUPT. -Commercial property pays on acreage, okay, point value per acreage and point value for water usage. COUNCILMAN IRISH-Right. MR. SHAW, DEPUTY W ASTEW A TER SUPT. -And what will happen is that, that parcel stays the same, the way it is now okay for next year, pay on commercial occupied acreage, okay but they wouldn't pay on the water consumption because there will be no water consumption. So there will be a decrease next year. MR. SALVADOR-Next year but not this year. So that decrease is a decrease in revenue, that means that there's a potential for the rate to go higher next year. MR. SHAW, DEPUTY W ASTEW A TER SUPT. -There will be a decrease in revenue but each year our bond interest payments are going down. To say at this time whether it's a plus or minus is hard to say. MR. SALVADOR-Okay but the point is as a result of the acquisition of these properties, they were big water users. Restaurant and motel are big water users. They're no longer using water, they're no longer discharging it to the sewer so they won't be taxed. Somebody else is going to have to pick up that, that cost next year. DEPUTY SUPERVISOR MERRILL-Any other comments from the floor? If not, I'll close the public hearing. PUBLIC HEARING CLOSED 7:12 P.M. RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 347,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, in accordance with (202 of New York State Town Law, the Town Board of the Town of Queensbury has prepared a benefit assessment roll assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and the completed roll has been filed in the Queensbury Town Clerk's Office, and WHEREAS, the Queensbury Town Clerk posted and published a Notice of Public Hearing concerning the benefit assessment roll, the public hearing was held and all interested persons were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, confirms and adopts the benefit assessment roll of the Central Queensbury Quaker Road Sewer District for the payment of the expense of public improvements within the District in accordance with ~202 of the New York State Town Law, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne PUBLIC HEARING - Revocable permit to locate a mobile home outside of a mobile home court for David Howard Notice Shown 7:13 P.M. DEPUTY SUPERVISOR MERRILL-The second item of business is a public hearing, a resolution authorizing or not authorizing a permit to locate a mobile home outside of a mobile home court for David Howard of West Mountain Road. I'd like to open the public hearing and Chris Round, could you give us a little background on this? CHRIS ROUND, EXECUTIVE DIRECTOR-This property is located on the east side of West Mountain Road, just south of Sherman Avenue. This is the site, Mr. Howard actually has a sign on there on the property advertising a construction business. He proposes to construct a home on the site, in the interim he would like to site a mobile home for temporary purposes during the construction process until he gained occupancy of the new home. Our mobile home law allows for temporary placement just for this purpose. I know the board, last session when they heard this hadn't entertained previously but that law is indeed on the books allowing either a three month temporary permit or a permit up to one year for this purpose. DEPUTY SUPERVISOR MERRILL-This resolution does not state any time period. Do you know what length of time is being sought? MR. ROUND, EXECUTIVE DIRECTOR-No, I believe Mr. Howard did request three months and I believe he is here tonight that he would give us a little more detail on that. DEPUTY SUPERVISOR MERRILL-Mr. Howard, would you like to speak on this? DAVID HOWARD-Actually it's my RV, my motor home. It's not, you know, they called it a mobile home but it's my RV and like I said I have my building permit and right now we're staying at my mother-in-law's and I'd just like to, you know, be in our own spot. If we can, you know, do this, it would be fine. The motor home is going to end up over there anyway, stored or hopefully we can set up. I've got the water tap and you know, getting ready to put in, I'm going to put my power in and what I'd do is put the sewer, you know septic system in as soon as I get the foundation in..., and you know everything would be put up. DEPUTY SUPERVISOR MERRILL-So the mobile home is self contained and you would hook up to the septic and the water and power? MR. HOW ARD- Yes, as I said, it's a motor home, it's a motor home. I just want to make sure that if! decide to stay there nobody came in and evicted me. DEPUTY SUPERVISOR MERRILL-Right and for what period do you want to? MR. HOWARD-I'd like to do three months because I'm going to have to winterize it in late November anyway. I'm not going to skirt it or anything like that and then it will just be stored. DEPUTY SUPERVISOR MERRILL-Anyone else from the public wish to comment for or against? Yes, please come up and state your name. MR. ROBERT ROLL-My name is Robert Roll, I live across the road from this property. Does he have permits from the AP A? MR. HOWARD-Definitely, they've got it all flagged. I had to have, we had to have the water, you know, you're talking about the water, the wetlands? MR. ROLL-The AP A and the Town of Queensbury gave me an awful hard time when I subdivided my land. MR. HOW ARD-I had to have them come in and flag the wetlands? DEPUTY SUPERVISOR MERRILL-So you have a permit from the Building Department. MR. HOW ARD-Oh, no doubt, it's right here. DEPUTY SUPERVISOR MERRILL-Okay. MR. HOWARD-So in order to get a building permit, I would assume that everything is fine. MR. ROLLO-Yea, but do you have a permit from the Adirondack Park? COUNCILMAN IRISH-That property is not in the park. MR. HOWARD-No it's not in the park, that's across the street. COUNCILMAN IRISH-It's on the other side of the road. MR. ROLLO-I beg to differ with you, I've got a map right here that shows you it's in Adirondack Park. There's a gentleman down the road from you that's in the park. MR. HOWARD-Yea, I think he's right. Yea I think he's right. DEPUTY SUPERVISOR MERRILL-Chris, would this have any impact on, you've issued a building permit, correct? MR. ROUND, EXECUTIVE DIRECTOR-For building permits, it's not necessary, the park doesn't have jurisdiction for that purpose. MR. ROLLO-It most certainly does. MR. ROUND, EXECUTIVE DIRECTOR-For subdivision MR. ROLLO-It took me six months to get a permit from the Adirondack Park because the Town of Queensbury said they can't give me a permit, the Adirondack Park does. I've got a letter right here that says, a letter right here says that Adirondack Park said we can't give you a permit because the Town of Queensbury has, it was six months before I got a permit from the Adirondack Park. COUNCILMAN IRISH-That was to subdivide you said? MR. ROLLO-Subdivided my land but Adirondack Park said they wanted jurisdiction. COUNCILMAN IRISH-For subdivision. MR. ROLLO-For any activity in the Adirondack Park, sewers and everything. DEPUTY SUPERVISOR MERRILL-I'd have to rely on our Building and Code Enforcement and Chris, do you see any problem here? No. MR. HOWARD-No, because I know we had to have the APA come in and flag the wetlands and then ... had to give me a hundred feet setbacks, so I know all that. And it's not a subdivision either, it's already been subdivided but this is all the information from the Adirondack Park Agency right here that we got. That had to be two or three ago now. DEPUTY SUPERVISOR MERRILL-I believe everything is in order for building and that's really secondary to what we're talking about here. What he's asking for is permission to locate his mobile home there temporarily. MR. HOWARD-Motor home. DEPUTY SUPERVISOR MERRILL-Motor home, yes. MR. HOW ARD- Y ea actually it's only going to be about two months, October and November, by the time I've got everything done, it will be two more weeks before I even get that stuff done. DEPUTY SUPERVISOR MERRILL-Okay thank you. Any other comments from the floor? If not, we thank you Mr. Howard. I'd like to close the public hearing. PUBLIC HEARING CLOSED 7:18 P.M. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OFA MOBILE HOME COURT FOR DAVID HOWARD, WEST MOUNTAIN ROAD, QUEENSBURY RESOLUTION NO.: 348,98 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 courts pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, David Howard filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~1l3-12 of the Code of the Town of Queensbury, to locate a motor home at property situated on West Mountain Road, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing concerning this application on September 21st, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit to David Howard in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne PUBLIC HEARING - Revocable permit to locate a mobile home outside of a mobile home court for Regina Himes Notice Shown 7:21 P.M. DEPUTY SUPERVISOR MERRILL-The next item is a public hearing concerning a resolution authorizing or not authorizing a permit to locate a mobile home outside a mobile home court at 31 Minnesota Avenue in Queensbury. I'd like to open the public hearing. Again, Chris could you give us a little background on this? MR. ROUND, EXECUTIVE DIRECTOR-This is for permanent placement of a mobile home at 31 Minnesota Avenue. It's on the west side of Minnesota Avenue, I think just south of Central. There is a mobile home on the site right now. The proposed mobile home is larger so it's considered an expansion of a non-conforming use. This area is not currently zoned for mobile homes and it's been referred to the Town Board which is the normal process for mobile homes and also it will have to go to the Zoning Board for a use variance for expansion of a non-conforming use. COUNCILMAN IRISH-WouId the new one meet the setback requirements and everything? MR. ROUND, EXECUTIVE DIRECTOR-I believe, again, I don't have it in front of me but I believe it does meet the setback requirements and will be required to be inspected by our office for compliance with the new housing requirements that it meets our codes. It will be an improvement upon the existing facility that's there for the homeowners. COUNCILMAN IRISH-Okay. DEPUTY SUPERVISOR MERRILL-Anyone here from the public that would like to speak for or in opposition to this? Come on up, please give your name and address if you would please. REGINA HIMES-Hi, I'm Regina Himes. JOE NUDI-And my name is Joe Nudi, I represent Today's Modern Homes who is selling Regina the home. COUNCILMAN IRISH-This is a new home? MR. NUDI -That's correct and I guess there's a question regarding the setbacks. This, for some reason this whole lane or residential or avenue has been changed to Light Industrial and with the setbacks, they will actually have like a ten foot by forty foot useable property, if they go by the setbacks required in that zone. But I guess that's for the Zoning Board, you know, that's one of the reasons we have to go before the Zoning Board. But what Regina wants to put in here is a brand new HUD code home that will certainly improve the site, the safety, the efficiency compared to what is there now and because it will be a sectional or what's known as a double wide will improve the character and the look of what is on the property. DEPUTY SUPERVISOR MERRILL-Thank you. Any questions from the floor or other questions from the public. MS. HIMES-I've spent a lot of money already. DEPUTY SUPERVISOR MERRILL-Well, hearing none, I'll close the public hearing. COUNCILMAN TUCKER-Chris? MR. ROUND, EXECUTIVE DIRECTOR-Yes? COUNCILMAN TUCKER-There's other mobile homes located in this area, isn't there? MR. ROUND, EXECUTIVE DIRECTOR-Yea, it's predominately manufactured homes. COUNCILMAN TUCKER-Yea, yea, manufactured homes. Okay, that's all I wanted to know. DEPUTY SUPERVISOR MERRILL-Okay. Any other discussion? Hearing none, I call the vote: DEPUTY TOWN CLERK BARBER-One second. DEPUTY SUPERVISOR MERRILL-Any correspondence. DEPUTY TOWN CLERK BARBER-Well actually I found one from Charles and Irene Adams. (letter on file in the Clerk's Office) To Whom It may Concern: I, Charles and Irene Adams, are in the process of selling the property at 31 Minnesota Avenue, Queensbury, New York to Regina Himes. We are so thrilled that she is planning to purchase a new home. In doing so, we feel it will greatly improve the said property, and the surrounding neighborhood. Sincerely Yours, Charles Adams Irene Adams PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OFA MOBILE HOME COURT FOR REGINA HIMES, 31 MINNESOTA AVENUE, QUEENSBURY RESOLUTION NO.: 349,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts pursuant to ~ 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Regina Himes filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~1l3-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 31 Minnesota Avenue, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing concerning this application on September 21st, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa revocable permit to Regina Himes in accordance with the terms and provisions of ~113-12 of the Code of the Town of Queensbury. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne PUBLIC HEARING - Amending Zoning Ordinance to Change Designation of Property owned by Town of Queensbury from LI-IA to WR-3A Notice Shown 7:21 P.M. DEPUTY SUPERVISOR MERRILL-The next item of business is a public hearing, this concerns amending the Zoning Ordinance to change the designation of property owned by the Town of Queensbury from Light Industrial one acre to Waterfront Residential three acre. This property is located between the Hudson River and Native Textiles. On June 23rd the Queensbury Planning Board adopted a resolution recommending the approval of the change and on September 10th the Warren County Planning Board recommended approval and so I'd like to open it up for public comment. Public discussion, if anyone has anything to say about this. Hearing none, we'll close the public hearing. PUBLIC HEARING CLOSED 7:21 P.M. TOWN COUNSEL SCHACHNER noted the board has to go through the Environmental Assessment form Part II, noting that Part I is already completed and attached to the resolution: MR. ROUND, EXECUTIVE DIRECTOR lead the board through the following: FULL ENVIRONMENTAL ASSESSMENT FORM IMPACT ON LAND 1. Will the proposed action result in physical change to the project site: NO Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 1O%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? NO Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? NO Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMP ACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMP ACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMP ACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMP ACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? YES Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: POSITIVE IMP ACTS IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMP ACT ON ENERGY 15. Will proposed action affect the community's sources offuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMP ACTS 16. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMP ACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY THE TOWN OF QUEENSBURY FROM LI-IA (LIGHT INDUSTRIAL - ONE ACRE) TO WR-3A (WATERFRONT RESIDENTIAL - THREE ACRE) RESOLUTION NO. 350, 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 considering a request for an amendment to the Town of Queensbury Zoning Ordinance and Map by the applicant Town of Queensbury to rezone property bearing Tax Map No.: 137-2-10 located between the Hudson River and Native Textiles from its current zoning of 1/3 as LI-IA (Light Industrial- One Acre) and 2/3 as WR-3A (Waterfront Residential - Three Acre) to entirely WR - 3 A, and WHEREAS, on or about June 15th, 1998, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about June 23rd, 1998, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about September 10th, 1998, the Warren County Planning Board recommended approval of the Petition for Change of Zone, and WHEREAS, the Town Board of the Town of Queensbury duly conducted a public hearing concerning the proposed rezoning of the property on September 21st, 1998, and WHEREAS, the Town Board of the Town of Queensbury, as SEQRA Lead Agency, has reviewed an Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by the Town of Queensbury and bearing Tax Map No.: 137-2-10 located between the Hudson River and Native Textiles from its current zoning of 1/3 as LI-IA (Light Industrial- One Acre) and 2/3 as WR-3A (Waterfront Residential- Three Acre) to entirely WR - 3 A, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Community Development to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of Article XIII of the Town of Queensbury Zoning Ordinance and ~265 of the Town Law, the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment take effect upon filing in the Town Clerk's Office. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne PUBLIC HEARING - Proposed Local Law, Amending Chapter 96 of Queensbury Town Code entitled, "Garbage, Rubbish and Refuse" Notice Shown 7:27 P.M. DEPUTY SUPERVISOR MERRILL-The next item of business is a public hearing on a resolution to enact a new local law amending the present Town Code on Garbage, Rubbish and Refuse. The intent of this is to more clearly define regulations for construction and demolition debris landfills within the town and the local law will be, we're proposing to change it to say that the operation and maintenance of a dump including, without limitation construction and demolition debris landfills or facility for the disposal of garbage and rubbish is hereby prohibited in the Town of Queensbury unless the Town Board shall by resolution expressly approve the same. So, in addition to normal State DEC requirements the Town Board would have to approve the siting of any construction and demolition landfill within Queensbury. So, I'd like to open the public hearing on this. Anyone from the floor wish to comment on it, for or against? Hearing none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:27 P.M. RESOLUTION TO ENACT LOCAL LAW NO.: 7 OF 1998 TO AMEND CHAPTER 96 OF THE QUEENSBURY TOWN CODE ENTITLED,"GARBAGE, RUBBISH AND REFUSE" RESOLUTION NO. 351,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to enact a Local Law to amend Chapter 96 of the Code of the Town of Queensbury entitled "Garbage, Rubbish and Refuse," to more clearly define regulations for construction and demolition debris landfills located within the Town of Queensbury, and WHEREAS, on September 21st, 1998 the Town Board of the Town of Queensbury duly conducted a public hearing concerning this Local Law, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend Chapter 96 of the Code of the Town of Queensbury entitled "Garbage, Rubbish and Refuse," to be known as Local Law No.: 7 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 Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and further acknowledges that the Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker NOES None ABSENT: Mr. Turner, Mr. Champagne TOWN OF QUEENSBURY LOCAL LAW NO.: 70F 1998 A LOCAL LAW TO AMEND CHAPTER 96 OF THE QUEENSBURY TOWN CODE ENTITLED, "GARBAGE, RUBBISH AND REFUSE." BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 96 of the Code of the Town of Queensbury entitled, "Garbage, Rubbish and Refuse," ~96-7 is hereby amended as follows: ( 96-7. Definitions. As used in this Article, the following terms shall have the meanings indicated: DUMP - A placed use for disposal and leaving of paper, rubbish and waste material of any nature by the public or by any person as herein defined; a dump includes, without limitation, construction and demolition debris landfills. SECTION 2. Chapter 96 of the Code of the Town of Queensbury entitled, "Garbage, Rubbish and Refuse," ~96-8(A) is hereby amended as follows: (96-7. Permit required; application; public hearing. A. The operation or maintenance of a dump, including without limitation, construction and demolition debris landfills, or facility for the disposal of garbage and rubbish, as the same are herein defined, is hereby prohibited in the Town of Queensbury unless the Town Board shall, by Resolution duly adopted, expressly approve the same. SECTION 3. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 4. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the Municipal Home Rule Law. HEARING - Unsafe Structure located on property of Darrell & Pamela Russell, 67 Ohio Avenue Deputy Supervisor Merrill-The next item is a hearing concerning demolition of a structure located on the property of the Russell's at 67 Ohio Avenue in Queensbury. Chris or Dave, would you like to explain this to us, please? Dave Hatin, Director of Building and Codes-The structure located at 67 Ohio Avenue was damaged by a severe fire back in December of 1997. We tried to work with the homeowners to get it demolished. It has suffered enough damage to where it is not repairable and does need to be demolished. The property is currently going through a sale which has hit a rut in the road because of a divorce through the couple that owns it. So, I've put all parties on notice that I'm asking the Town Board to take the appropriate action to demolish the structure and start the time clock which is sixty days from, if you vote for this tonight, sixty days from today's date. I will then be back before you asking to authorize me to demolish the property. Deputy Supervisor Merrill-Pliney, do you have any comments on this? Councilman Tucker-No, I drove by there, it's a mess. Councilman Irish-You were having trouble getting in contact with the owners at one point? Mr. Hatin, Director of Building and Codes-At one point, yes and through certified mail, they did contact me when I sent the last letter. Councilman Irish-What was their response? Mr. Hatin, Director of Building and Codes-Their response was they had a party that was going to purchase the property and they were leaving it up to them to take care of it. I talked to that gentleman who says that he could not get a contract on the property because of divorce proceedings that were currently going on. Councilman lrish-Oh, okay. Is there a way that we can recover, and maybe you don't know, recover the expense of the demolition through their homeowners? Has anybody pursued that? Mr. Hatin, Director of Building and Codes-I don't know about that but I know the town can attach the cost of the demolition to the taxes. Councilman Irish-All right. Deputy Supervisor Merrill-Any other questions? Councilman Irish-Maybe that's something we can have, Mark, you could research that? Town Counsel Schachner-I've never, I never looked at that before. Councilman Irish-Because I know that the insurance companies will pay for demolition and removal if the house is beyond repair. So, if they've been paid for that, then we should at least be able to recover that. Town Counsel Schachner-So, you're thinking if the homeowners insurance is paid up, there's a chance of coverage. Councilman Irish-Right, yea. Town Counsel Schachner-I'm just wondering if that would be specific to various policies. In other words, that's, it's authorized by law, I can tell you but I don't Councilman Irish-Right but if, no, if you have homeowner coverage and it's, you have a loss, a fire loss they'll pay you for, as long as you don't exceed your policy limits, they'll pay you for the demolition and removal of the structure from your property to rebuild. So, maybe you can check into that? Town Counsel Schachner-We have to talk about that some more, I'm not sure what I'm checking into. We can talk about it some more. Councilman Irish-Okay. Mr. Hatin, Director of Building and Codes-My understanding, from talking with the owner, that they've already received their insurance settlement. Councilman Irish-Yea, they may have had not enough insurance on it or something and that's why it's in the state it's in. Okay, I'll move it. RESOLUTION ORDERING DEMOLITION OF STRUCTURE LOCATED ON THE PROPERTY OF DARRELL AND PAMELA RUSSELL, 67 OHIO AVENUE, QUEENSBURY RESOLUTION NO. 352, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, David Hatin, Town of Queensbury Director of Building and Code Enforcement, has advised the Town Board of the Town of Queensbury that a structure located on property owned by Darrell and Pamela Russell located at 67 Ohio Avenue, Queensbury (Tax Map No.: 127-5-3) has sustained extensive fire damage, is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owners fail to demolish the structure, and WHEREAS, the Town Board of the Town of Queensbury held a hearing concerning this property on September 21st, 1998 and notice of this hearing was served in accordance with the provisions of ~130(l6) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the structure located on property owned by Darrell and Pamela Russell is unsafe and dangerous and orders Darrell and Pamela Russell to immediately begin to demolish and remove the structure and that the demolition and removal shall be completed within sixty days of service of this Resolution, and BE IT FURTHER, RESOLVED, that if the structure is not demolished and removed within such time, the Town Board hereby authorizes and directs David Hatin, Director of Building and Code Enforcement, to make the necessary arrangements to demolish and remove the structure, and BE IT FURTHER, RESOLVED, in accordance with ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, Darrell and Pamela Russell are responsible for the demolition and removal expenses and the Town Board further authorizes and directs Town Counsel to institute an action to collect the cost of the demolition and removal, including legal expenses, if necessary. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne CORRESPONDENCE Deputy Town Clerk Barber read the following petition addressed to the Town Board into the record: (cover letter along with petition on file in the Clerk's Office) We the signers of the attached petition would like to offer a few additional facts to support our request for the reduction and posting of a reduced speed limit on the Corinth Road, between 1-87 and West Mountain Road. 1. After checking with the Queensbury School; Dick Goedert's estimate of the number of bus stops on the Corinth Road between 1-87 and West Mountain Road per school day to be 50 - 60. 1. The pressure from business in the area has greatly increased. Examples are Curtis Lumber, McDonalds, Logger Equipment, Northern Distributing Co., Web Graphics, and a restaurant west of Stephanie Lane. 1. There are approximately ten additional intersections which have been added since the speed limit went to 55 m.p.h. These services new developments and businesses. 1. We feel with the reduction of the speed limit to a suggested 45 m.p.h. and posting similar to Luzerne Road would give the police a better tool for enforcement. 1. We also think a review of ambulance and police records would support reduction of the speed due the number of accidents in this area. We thank you for your consideration of our request and we hope you can see fit to forward it to the state. We also suggest the limit not be reduced below 45 m.p.h. because some of the signers were concerned that the limit might be set too low. Very Truly Yours for the residents of the area, Sterling W. Akins THIS IS A PETITION TO THE TOWN BOARD FROM NEIGHBORS ALONG CORINTH ROAD. ALL RESIDENTS OF HTE TOWN OF QUEENSBURY. THE GOAL IS TO HAVE THE SPEED LIMIT REDUCED FROM 55MPH TO SOMETHING MORE REASONABLE AND ENFORCEABLE ON CORINTH ROAD BETWEEN 1-87 AND WEST MOUNTAIN ROAD, SIMILAR TO LUZERNE ROAD. SINCE THE 55 MPH WAS INSTALLED MANY YEARS AGO, THE CHARACTER OF THE ROAD HAS CHANGED DRASTICALLY WITH MANY MORE BUSINESSES AND SEVERAL ADDITIONAL INTERSECTIONS. SUGGESTED LIMIT 45 MPH. (received 9/8/98 with 109 signatures) Town Board held discussion and proposed the following resolution: RESOLUTION TO FORWARD SPEED LIMIT REQUEST TO N.Y.S. DOT, WARREN COUNTY AND THE ADIRONDACK GLENS FALLS TRANSPORTATION COUNCIL RESOLUTION NO. 353, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, to move forward with the recommendation to change the speed limit from 55 MPH to 45 MPH on Corinth Road with copies to the Adirondack Glens Falls Transportation Council, the County and the State. Duly adopted this 21st day of September, 1998, by the following vote: AYES: Mr. Tucker, Mr. Irish, Mr. Merrill NOES: None ABSENT: Mr. Turner, Mr. Champagne Town Councilman's Committee Reports Maggie Stewart representing Lake George Park Commission reviewed monthly report. Councilman Tucker requested that he would like a copy of any resolution that the board takes from the floof.... requested the Town Counsel to research the status of the property that was to be donated to the town for recreation as part of the approval of the Hudson Point Development. Deputy Supervisor Merrill reported from the Glens Falls Liaison Committee concerning Coles Woods... Queensbury and Glens Falls reached an agreement in principal on Coles Woods Annexation last Tuesday and the testimony given on Monday, the City clearly showed that the land is maintained by the Glens Falls for recreational purposes by citizens of the entire area, including Queensbury and in fact Queensbury use is probably as great if not greater then that of Glens Falls use. There are no recreational fees charged and so Glens Falls derives no income from that use of the property. Both communities seriously wanted the land left primarily for recreational use and that essentially removes possibilities for development and that's what the objective was. The land also provides a very important green space buffer within Queensbury. So, the question comes down, should Glens Falls be paying Queensbury taxes? And I believe that the agreement that we reached concerning tax abatement is a very basic fairness issue, fairness to our neighbors. Clearly if the case had continued both communities would have had very high legal expenses and there would have been a winner and there would have been a loser which is not a good base for developing good working relationship for the future. I think here we have a win, win solution and it's a base from which we can start to explore opportunities for cooperative efforts which in the long run, will save both communities, Queensbury and Glens Falls and certainly serve us and we will save far more then the small loss in taxes from this agreement. The agreement still needs to formalized and then it must be approved by the Common Council and by this board but I think it was a very significant move forward in so many relationships with Queensbury and Glens Falls. OPEN FORUM ON RESOLUTIONS No one spoke. RESOLUTIONS 7:45 P.M. RESOLUTION AUTHORIZING PURCHASE OF DIESEL POWERED COMPRESSOR AND AUXILIARY EQUIPMENT FOR THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 354,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures and in accordance with said procedures, any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, the Town of Queensbury Highway Superintendent has proposed to purchase a diesel powered compressor and auxiliary equipment for an amount not to exceed $13,549 for the Highway Department's use, and WHEREAS, the compressor and auxiliary equipment will be purchased in accordance with Warren County Bid #WC53-98, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Highway Superintendent's purchase of a diesel powered compressor and auxiliary equipment from W. S. Pratt & Sons for an amount not to exceed $13,549, to be paid for from Account No.: 04-5130-2040. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 355,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Harold Hansen, Director of Parks and Recreation, has advised the Town Board of the Town of Queensbury that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to the Town's recreation programs, and WHEREAS, Mr. Hansen has requested Town Board authorization to prepare a fund application in the amount of $10,000, the total amount of recreation funds the Town proposes to expend in 1999 for the administration, supervision, and operation its year-round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $7,846.45 based on eligibility requirements based on the Town's youth population, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Harold Hansen, Director of Parks and Recreation, to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor to execute the funding application. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO POST "NO DUMPING" SIGNS BEHIND THE STATE POLICE BARRACKS ON AVIATION ROAD RESOLUTION NO.: 356,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury has received complaints about illegal dumping behind the State Police Barracks on Aviation Road, Queensbury, and WHEREAS, the Town Board wishes to authorize the posting of "No Dumping" signs behind the Barracks, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Highway Department to post "No Dumping" signs behind the State Police Barracks on Aviation Road, Queensbury, and BE IT FURTHER, RESOLVED, that the cost of the signs shall be paid for from the appropriate account. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne DISCUSSION BEFORE VOTE: Councilman Tucker questioned whether the posting is on town property or private property.... Mr. Round, Executive Director noted that he thought it was town property but would confirm ... board agreed to resolution subject to Mr. Round checking on the legality of it, to make sure it is town property. (vote taken) RESOLUTION ADOPTING POLICY FOR HIRING RELATIVES OF EXISTING TOWN EMPLOYEES AND AMENDING EMPLOYEE HANDBOOK RESOLUTION NO.: 357,98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to adopt a Personnel Policy regarding the hiring of relatives of existing Town employees, and WHEREAS, a proposed Policy 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 adopts the Policy for Hiring Relatives of Existing Town Employees, to read as follows: POLICY FOR HIRING RELATIVES OF EXISTING TOWN EMPLOYEES Hiring of immediate family members of existing Town employees: In the event that an immediate family member of an existing Town employee seeks to become employed by the Town, such employment must be approved by the Town Board. It shall be the responsibility of the appropriate Department Head, if the Department Head recommends such employment, to get final approval of such employment from the Town Board. Immediate family members of existing employees may only be hired after the Town and/or the Department Head have made all reasonable efforts to publicize the availability of the position, including appropriate advertising. For the purposes of this policy, immediate family member shall be defined as the parent, child, spouse or sibling of any existing Town employee. This policy shall apply to hiring of any and all part-time, temporary and/or full-time or permanent employees of the Town. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute a copy of this Policy to all Town employees and to amend the Employee HandbooklPersonnel Policy accordingly. Duly adopted this 21st day of September, 1998 by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #113 FOR ADDITIONAL PAVING AND DRAINAGE WORK IN WARD IV RESOLUTION NO.: 358,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to establish a Capital Project Fund to pay for additional paving and drainage work in Ward IV not included in the 1998 Town Highway Department budget, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a Capital Project Fund to be known as Capital Project Fund # 113, Paving and Drainage Projects, in Ward IV which Fund will establish funding for additional paving and drainage work not included in the 1998 Town Highway Department budget, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations for the new Capital Project Fund #113, Paving and Drainage Projects, in Ward IV in the amount of $110,000 and further authorizes a transfer of funds from Contingency Account #01-1990-4400 to Interfund Transfers, Paving and Drainage Projects Account #01-9950-9113, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller to transfer funds, amend the 1998 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne DISCUSSION BEFORE VOTE: Councilman Tucker noted that during the discussion this appropriation for paving and drainage in Ward IV and it's not any part of the resolution... Deputy Supervisor Merrill-I didn't believe it was that specific. Henry, was this specific? Henry Hess, Controller-It wasn't presented to draw the resolution that way. I know what the discussions were about, but I was never asked to draw the resolution that way. Councilman lrish-I think the discussion was for Ward IV Mr. Hess, Controller-Okay, then it can be amended. Councilman Tucker-Little bit of history on this, I have some problems with the Highway Superintendent on paving roads in Ward IV and I requested that we set up a paving project, additional funds to pave the roads that should have been paved in Ward IV Since we brought this resolution to the front, the Highway Superintendent has paved some of the roads that I requested to be paved but there are still roads that aren't paved and some he's made the statement he's not going to pave them, period. And that's why I thought that, I know here a few years ago they passed a road project for Aviation Road and it was for Aviation Road. Is there any way we can fix this? Town Counsel Schachner-Sure, I would suggest the addition in four places of the phrase, in Ward IV... made those changes to the resolution... board agreed to the modifications of the resolution.... Councilman Tucker introduced the resolution again with the modifications... Councilman Irish seconded it. (vote taken) RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 359,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, certain Town Departments have requested fund transfers for the 1998 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: AUDIT: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1320-4401 (CPA Audit) 1,600. COMMUNITY DEVELOPMENT/BUILDING AND CODES: FROM: TO: $ AMOUNT: 01-3620-4400 (Misc. Contractual) 01-3620-2001 (Misc. Equipment) $ 1)00. CONTROLLER: FROM: TO: $ AMOUNT: 01-1315-4720 (Consultant Fees) 01-1315-2001 (Equipment) 3,200. LANDFILL: FROM: TO: $ AMOUNT: 910-8160-4400 (Misc. Contractual) 910-8160-2001 (Misc. Equipment) 800. POLICE: FROM: TO: $ AMOUNT: 01-3120-1270 (Payroll) 01-3120-4400 (Contractual) 300. WATER: FROM: TO: $ AMOUNT: 40-8310-1500 (Deputy Supt.) 40-8310-4130 (Legal Services) 3,000. 40-8310-1500 (Deputy Supt.) 40-8320-4240 (Repair Parts) 2,000 Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne RESOLUTION AUTHORIZING NEW YORK STATE GIS DATA SHARING COOPERATIVE AGREEMENT RESOLUTION NO.: 360,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the New York State GIS Data Sharing Cooperative (Cooperative) is a group of governmental entities and not-for-profit corporations which have executed Data Sharing Agreements for the purpose of improving access to geographic information system (GIS) data among members at no cost, and WHEREAS, Chris Round, Executive Director of Community Development, has advised the Town Board that joining the Cooperative will greatly benefit the Town of Queensbury and therefore recommends that the Town become a part of the Cooperative, and WHEREAS, a proposed Agreement to join the Cooperative is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement for the Town to become a part of the New York State GIS Data Sharing Cooperative and authorizes and directs the Town Supervisor of the Town of Queensbury to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Chris Round, Executive Director, to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of September, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne Mr. Hess, Controller noted that North Queensbury Volunteer Fire Company has been working with the Supervisor and the Controller's Office to purchase a new truck... It was scheduled to be put on the agenda for this evening, unfortunately the Supervisor left for vacation and it sort offell through the cracks. To meet the timing that they need to get the public hearing done, they've asked us to do a resolution setting the public hearing for October 19th... the following resolution was proposed: RESOLUTION SETTING PUBLIC HEARING REGARDING PURCHASE OF TRUCK FOR NORTH QUEENSBURY VOLUNTEER FIRE CO. RESOLUTION NO. 361, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to schedule a Public Hearing on October 19th, 1998 for the purchase of a truck for North Queensbury Volunteer Fire Company. Duly adopted this 21st day of September, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Turner, Mr. Champagne Town Counsel Schachner noted that there was some discussion regarding the possibility of a resolution from the floor to authorize NO PARKING signs on Mt. View Road and proposed the following resolution: RESOLUTION AUTHORIZING NO PARKING SIGNS ON MT. VIEW LANE IN THE TOWN OF QUEENSBURY RESOLUTION 362, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, certain town residents have brought to the Town Board's attention that cars are parking on Mt. View Lane near Aviation Road near the Prospect School creating a potentially unsafe situation, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the Town Highway Department to place NO PARKING signs at this location on Mt. View Lane. Duly adopted this 21st day of September, 1998, by the following vote: AYES: Mr. Tucker, Mr. Irish, Mr. Merrill NOES: None ABSENT: Mr. Turner, Mr. Champagne OPEN FORUM 8:00 P.M. Mr. John Salvador noted there was a traffic accident at Dunham's Bay Road this past week... There was some kind of a sales promotional event at Dunham's Bay Boat Company over the weekend, cars parked all over Route 9L, violating all the traffic controls.... referred to Lake George Park Stormwater Regulations and the effective date of September 1998. Deputy Supervisor Merrill noted that on page 2 of the regulations, it says the amendments set a time period of nine months from notice of the effective date of the amendments of this subpart, within which the municipalities must act to complete and implement a stormwater management plan and regulatory program. Once the nine month period has passed and if we have not come into compliance, then the commission will assume jurisdiction. But we've got nine months from this date to enact our own and Chris Round is aware of it and he's working on it. Mr. Salvador noted that he has attended some zoning meetings recently and has great concern with the amount of approvals with zero setbacks from property lines... referred to a variance granted on Lake George for a shore line setback and maintains that the they're using the wrong definition of shoreline... recommend to change the code such that the setback is measured from some definitive point like the mean high water mark... referred to the variance hearing involving the Takundewide Subdivision, noting they've received a series of variances for the expansion of a dwelling there but have not yet qualified for their septic variance and would like to recommend that the Town Board require the Community Development to have a professional engineer certify the system. Mr. Roger Boor noted that he was pleased to hear the news regarding Coles Woods... referred to the Fuller Road decision from the Appellate Division and noted that he was not happy with the decision and the town's involvement with the case.. Mr. Doug Auer referred to resolution passed earlier regarding the hiring of employee's relatives and noted that he thought it was very good.... noted further, I sit on the Recreation Commission and we passed a resolution that specifically in the future prohibits family members from working within the Recreation Department and I was very much against that. I think it does a disservice. I think it's wrong. I think it excludes people who might be good candidates. I think this makes much more sense and I think you're in direct conflict now because you didn't have a policy in the past. I think the fact that you have a policy now puts you in direct conflict with the policy that the Recreation Commission has adopted. I think it's going to set you up for problems in the future, the whole bunch and I think it was really poorly thought through and I would like you to take a look at that. I think you should compare this side by side with what the commission passed and venture some opinion on that? Deputy Supervisor Merrill noted that the board would take a look at it. Mr. Paul Abess referred to the town's advertising for legal counsel and requested the Town Board's consideration for modifying the contractual arrangement for legal counsel when litigation becomes necessary. Presently, as I understand it, during executive session your attorney counsels you on whether or not you should begin litigation and if litigation is recommended, the attorney's firm would be awarded the business, the profit and the significant amounts of money. Councilman Irish-Paul, the attorney never, at least since I've been on the board, never advises litigation. They layout what our options are and Mr. Abess-Well, they're very influential. Councilman Irish-Well maybe because you don't sit up here while they're doing that but they don't influence the decision on whether or not we should litigate. They influence whether or not they can defend an action that we take but they don't sit there and tell us what course of action to take. Mr. Abess-I know this is a complicated issue and I would just appreciate your efforts to looking into it and see if it can be improved upon. Another thing I wanted to mention was, please consider rescinding your resolution that keeps Fuller Road barricaded from the public. Ms. Lorrie Matuszak questioned whether the town was going to pave the dirt section of road on Big Boom Road? Deputy Supervisor Merrill noted that he spoke with the Highway Superintendent who stated he does not intend to pave that section of road because there's only one residence there. Ms. Matuszak questioned why he paved Colby Road which has no residences. Deputy Supervisor Merrill recommended asking the Highway Supervisor. Ms. Matuszak noted that she won't get any answers from Mr. Naylor because she's Mr. Tucker's daughter. Deputy Supervisor Merrill noted that the board can not direct the Highway Superintendent. Councilman Tucker noted that he spoke with one of the Town Attorneys who says we can, it takes three votes, if we can find three votes. Ms. Matuszak questioned whether there were three votes. Deputy Supervisor Merrill noted that he needs to talk to the Town Attorney first because the Highway Superintendent is quoting highway law giving him the authority to determine what roads shall be paved. Councilman Tucker noted that he doesn't have the authority. Ms. Matuszak referred to resolution passed earlier regarding additional paving and drainage for Ward IV and questioned whether the board could take some of that money to pave the dirt section of Big Boom Road. Deputy Supervisor Merrill noted that he does not know if he has the authority. Ms. Matuszak questioned Town Counsel as to the board's authority. Town Counsel Schachner noted, it's a complicated area of law, that it's very complex. Deputy Supervisor Merrill noted that he needs legal interpretation. Town Counsel Schachner- I think that would be appropriate because the shortest answers are, the Highway Superintendent does not have full total unilateral authority nor does the Town Board have unilateral authority to direct that certain roads be paved. There's a complex process whereby agreements are supposed to be entered into between the Town Board and the Highway Superintendent for paving of roads. Ms. Matuszak referred to Mr. Naylor and his refusal to pave it and questioned whether the board can bid out the job to pave the dirt section of Big Boom Road. Deputy Supervisor Merrill noted that the board needs legal interpretation to see whether the board can authorize highway work to be done without the Town Highway Superintendent approving it. Ms. Matuszak noted, we're heading for our third winter of school buses getting stuck, children getting stranded and late for school and endangering the lives of all those children that ride that school bus... I'm going to tell you, I've been here and I've talked for the second or third time over this road, I will not come alone again and I will not go through another winter without that road being paved. Deputy Supervisor Merrill noted that we can not move until we understand the law. Ms. Matuszak questioned if she comes to the October 5th meeting, the board will know the law? Town Counsel Schachner-I think we need to clarify the question... I've heard two very different questions, one is hard to answer and one is not so hard. I understood Lorrie to first being asking the Town Board to direct the Highway Superintendent to pave this road and I think Mr. Merrill is correct, I don't think the Town Board has the authority to direct the Highway Superintendent to pave the road... Later I heard, can the Town Board authorize funding to put, for example the project out to bid and have somebody other then the Highway Superintendent pave the road and that's a very different issue and that's something the Town Board likely does have the authority to do... We would be happy to give the board an opinion on that before the next board meeting. Mr. Salvador recommended the board research whether or not the Attorney General has ever issued an opinion on this and if not, ask him to address it or New York State Transportation Department which has a staff of attorneys, ask their opinion. Mr. Dennis Brower recommended paving the Big Boom Road dirt section noting the fact that it's the road to the town's new Hudson River Park.... Questioned whether there's anything planned for a bike trail from the West Mountain area down to the park near the river so children don't have to ride on Corinth Road. Councilman Irish noted that he thought Dave Hodgson and Doug Auer were working on a plan for other parts of Queensbury that also addresses that concern.... there will be access under the bridge, once the state has completed their work for walking and biking. Councilman Tucker noted that the town was given a chunk ofland on the west side of the Northway on Big Bay Road... for kids that live west of the Northway, it will be fenced so they can ride bicycles over and under the bridge and that should happen next Spring and it should be safe on Big Bay Road because the Highway Superintendent just paved two and four tenths miles of Big Bay Road, of course it didn't need it but he paved so he's using up his money so he won't have enough for Big Boom Road. Statement he made. Mr. Brower referred to the status of Queensbury Forest? Councilman Tucker noted that the engineers are still looking at it... this has been a major problem over there and there's been an engineer sued so any engineer that will look at this, they will take the most extreme route because they don't want to get sued... the only answer is to get that water out of there, not hold it on the land, not dump it on the neighbors but to pump to Clendon Brook. Mr. Brower referred to the Fuller Road decision and thought the ruling was disturbing being based on the statute of limitations. Councilman Tucker noted that he did what the people involved wanted done, they wanted it tried on the merits and that's what we told our attorney. Mr. John Strough submitted a report entitled, 'Save the Rock' to the board members, noting history and the importance of the rock.... noted concern about the site with all the development in the Town of Queensbury. (on file in the Clerk's office) Deputy Supervisor Merrill recommended speaking with Marilyn VanDyke, the Town Historian. Mr. Boor referred to the fact that the Town Counsel represents both the Highway Superintendent and the Town Board and questioned what happens if there's a situation between the two. Deputy Supervisor Merrill noted that the board's full objective is to avoid litigation. Mr. Salvador spoke to the board regarding shoreline setbacks... referred to Lowe's being granted a variance for a subdivision that did not front on a town road noting that the subdivision ordinance requires that all newly subdivided lots front on a municipal street and built to town road standards and that Lowe's should be made to build the road to town road standards. Deputy Supervisor Merrill recommended that Mr. Salvador make a presentation before the Zoning Board of Appeals. OPEN FORUM CLOSED 9:00 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 363, 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 hereby adjourns from Regular Session and enters Executive Session to discuss the sale of water to Hudson Falls, Appointments to the Zoning Board of Appeals and three matters of litigation. Duly adopted this 21st day of September, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Turner, Mr. Champagne RESOLUTION TO ADJOURN EXECUTIVE SESSION AND THE REGULAR TOWN BOARD MEETING RESOLUTION NO. 364, 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. Duly adopted this 21st day September, 1998, by the following vote: AYES: Mr. Tucker, Mr. Irish, Mr. Merrill NOES: None ABSENT: Mr. Turner, Mr. Champagne No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY