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1998-10-05 REGULAR TOWN BOARD MEETING OCTOBER 5, 1998 7:00 P.M. MTG#49 RES#366-381 B.H. 48-49 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CONTROLLER, HENRY HESS EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, CHRIS ROUND PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUGLAS IRISH SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 366 .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 as the Town Board of the Town of Queensbury and enters into the Queensbury Board of Health. Duly adopted this 5th day of October, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING - DETERMINATION OF DIRECTOR OF BUILDING AND CODE ENFORCEMENT CONCERNING APPEAL BY JOHN AND KATHLEEN SALVADOR OPENED 7:02 P.M. NOTICE SHOWN JOHN SALVADOR-Early this year it became clear that our desire to construct a twelve thousand three hundred square foot residential dwelling on tax parcel 4. -1-11 could never be realized because of cost associated with the construction of a legal off-site Department of Health approved alternate wastewater treatment and disposal system. Such an alternate system became the requirement because the most cost effective town approved holding tank could not be approved by the Department of Health. The reason being you will recall was that our twelve thousand three hundred square foot project possessed all the characteristics of a new year round residential dwelling capable of supporting a household. Reiterating anyone of these characteristics new or year round or residential are capable of supporting a household precluded the use of a holding tank even if such holding tank be in conformance with the criteria and design standards of Section 136-11 of the town Sewers and Sewage Disposal Ordinance. We are all familiar with this New York State Department of Health rule which can be found at lONYCRR Part 75 and more specifically Appendix 75A. Our desire to develop our waterfront land has never waned, but because of site constraints inhibited the sighting of a feasible onsite wastewater management system we have been forced to essentially abandon the twelve thousand three hundred square foot project. In addition we have had knowledge of the Lake George Park Commission intent to adopt revised Stormwater Regulations. These stormwater regulations adopted and effective September 9th of this year together with the setback requirements for wastewater facilities make it all but impossible to develop even a three acre lot on the waterfront. Now, then we appear here again after having realized that our three hundred square foot hunting and fishing cabin maybe all that this three acre waterfront parcel can support in the way of a residential development. Even though our present approach represents a major down sizing of our development. At three hundred square feet there is now ample room to meet the setback requirements for both stormwater and wastewater. This new approach is also in keeping with the concepts about development on small lots in close proximity to water bodies in the absence of municipal utilities such as water and sewer. Our redesign for a three hundred square foot hunting and fishing cabin was submitted to the Building and Codes Director in an effort to obtain a building permit. At that time we were told that a building permit could not be issued because of the inability to meet the town's septic and sewer ordinance. Our application for a variance to the town's Sewage and Sewage Disposal Ordinance and specifically Section 136-11A was submitted to the Building and Code Enforcement Officer on June 24th of this year. Our desire was to be placed on the boards July calendar it was not before August 5th that we received a letter from the Building and Code Enforcement explaining why our application could not proceed through the variance process. We have that letter of April 5th, excuse me August 5th, I think you are all familiar with it. On August 10th I responded explaining although our three hundred square foot hunting and fishing cabin represents new construction it possessed other characteristics which although limiting in and of themselves would allow the use of a septic holding tank where upon we filed a Notice of Appeal with the Queensbury Local Board of Health on August 27th. Tonight's public hearing was set at your Town Local Board of Health meeting on September 3rd rather than holding the meeting on the twenty first which we requested so as to move the project. It was scheduled tonight at Mr. Merrill's request to allow more time for research. I would like to inquire at this time as to the results of that research. COUNCILMAN MERRILL-I believe John we requested you to contact the Department of Health for an opmlOn. MR. SALVADOR - I have contacted the Department of Health I have an preliminary opinion from them, but unless you make them determinative in this matter I don't think it matters I have it, I have a copy of it. I sent Brain Fear a letter on August 28th asking him for an early determination on this subject of a three hundred square foot hunting and fishing cabin and how Appendix 75A might relate to it and I received this answer from him. Your letter of August 28th to the writer in the above reference subject requested an opinion from the department as to the applicability of the departments Appendix's 75A and more specifically it's prohibitions on the use of holding tanks to the above reference project. During our recent conversation you described the structure as a one room three hundred square seasonal hunting and fishing cabin with a sink and a toilet. There is not a definition of individual households within Appendix 75A, but in my opinion it would seem that additional amenity would have to be included in the structure to include bathing and cooking facility. If the project does not meet the definition then it is not subject to those regulations. If that is the case then given the inability to construct a conforming sub-surface disposal system due to site constraints it appears reasonable to allow utilization of a properly designed holding tank, I received that letter on September 2nd. Again, our argument for the use of the holding tank is that on this particular project although it is new it is hardly to be considered the type of dwelling that would support a household. We are willing to encumber its use to less than nine months which meets the seasonal requirements of your code, defines a seasonal dwelling as one that is used for, does it say less than nine months? COUNCILMAN TURNER-Less than nine months. MR. SAL V ADOR- That encumbrance can be made that's no problem. It is not a residence it certainly could not support a residence it would simply be a recreational home hunting and fishing cabin. SUPERVISOR CHAMPAGNE-Anyone from the audience care to speak for? KATHLEEN SALVADOR - I can assure you I would not live in a three hundred square foot hunting and fishing cabin. I don't think any of your wives would or any of the wives of any of the men in this room or any of the woman in this room no way is it a residence it is strictly a hunting and fishing cabin. MR. SALA VDOR-It will be. MRS. SALVADOR-It will be. SUPERVISOR CHAMPAGNE-Thank you. Anybody else care to speak on behalf or against this proposal? MR. SALVADOR-Just to make it clear that allow for the use of such a holding tank are strictly the residence aspect of it the use as a residence. The seasonal aspect of it and the household so that things like side yard setback for instance or shoreline setback don't seem to enter into this for the use of a holding tank per sa you could put that holding tank any place. COUNCILMAN MERRILL-Will this facility have any provisions for cooking? MR. SALVADOR-No. COUNCILMAN MERRILL-Sleeping? MR. SALVADOR-Sleeping bag you can sleep on the floor. COUNCILMAN MERRILL-To be very blunt about it John it sounds like it will have a sink and a toilet it sounds like it is a large bathroom facility fifteen by twenty it is three hundred square feet. To me it sounds like you are allowing us to approve a bathroom facility. MR. SALVADOR -No, it is a hunting and fishing cabin and the amenity of being able to relieve yourself is present you don't run up in the woods. . . . . . COUNCILMAN MERRILL-But, you are not going to use it for eating, sleeping or anything else. MR. SALVADOR-Take it in take it out. If there is any eating or drinking it is a take it in or take it out just like camping take your food with you, you take it out when you leave. Your beverage whatever you need you take it in you take it out. SUPERVISOR CHAMPAGNE-This holding tank John if it were to be approved two thousand gallon holding tank below grade what's grade out there? MR. SALVADOR-Finish grade is what I think what the code says it has to be below finish grade. Finish grade is the finish grade when the project is finished that is part of the permitting process is to where we put and how high we put. SUPERVISIOR CHAMPAGNE-Anything more from the board? COUNCILMAN MERRILL-Any comments from the Code Enforcement Office, Chris? EXECUTIVE DIRECTOR, CHRIS ROUND-Just that the resolution before you is just an affirmation or reversal of the Code Enforcement position you are not hearing the holding tank variance tonight you are just making the decision whether you can hear that. We offer Mr. Salvador the ability to set a public hearing for tonight in case that the decision was reversed and he chose not to have that set. You should of received a memo from Dave Hatin, Dave is out of the office all week this week it just outlined briefly Dave's position on the matter if you like I can read that into the record. SUPERVISOR CHAMPAGNE-Would you please. EXECUTIVE DIRECTOR, MR. ROUND-Read letter of October 2nd, 1998 into the record from Dave Hatin. Re: John Salvador's appeal of my decision dated August 5th, 1998 Dear Board Members: Mr. Salvador is appealing a decision based on a letter sent to him on August 5, 1998, at which time I advised him the Town Board would not process his request for holding tanks as this was considered new construction. It is my understanding that the State Department of Health regulations do not permit holding tanks for new construction. While Mr. Salvador is claiming that this is a hunting and fishing cabin and not a dwelling unit, my definition of new construction would be a structure which did not previously exist on the property and therefore is considered new to the property. I also believe that Mr. Salvador has received a letter from Brian Fear, although I do not have a copy to provide to you, that states that this hunting and fishing cabin would be considered a dwelling unit that has all the facilities for eating, cooking and sleeping. Therefore, I think the issue is moot as to whether this hunting and fishing cabin is indeed a dwelling unit or not, and as long as a septic system has to be provided for this dwelling unit, it must be some type of conventional septic system and not a holding tank, according to the New York State Department of Health regulations. Sincerely, David Hatin Director of Building and Code Enforcement. EXECUTIVE DIRECTOR, MR. ROUND-I just might note the last paragraph of Mr. Hatin's memo is not completely accurate with respect to the information Mr. Salvador brought to the table from the DOH tonight. Apparently the Department of Health does not identify this particular structure as a dwelling unit. MR. SAL V ADOR- They don't address that issue in Appendix 75A they use the term household, residence, but they don't use the term dwelling it doesn't appear there. COUNCILMAN TURNER-But it is a structure, it is a structure that needs a permit. MR. SALVADOR-This table is a structure. COUNCILMAN TURNER-I know. MR. SALVADOR-Nothing stands without being a structure. SUPERVISOR CHAMPAGNE-I guess John in all honesty as I first reviewed Mr. Hatin's letter prior to receiving some information from the Department of Health, I had to believe that it was illegal, improper because I considered it to be it may not be a household living quarters, but certainly to me it represents that to the extent that my opinion, I guess would be it would be illegal to proceed with a holding tank. After reading Mr. Fear's letter and having you read it here tonight, I guess I have to believe that it is a legitimate move to make it happen although I would want further counsel. I feel that what we heard this evening I wouldn't be comfortable making that decision knowing how this ball field is arrange here and how that ball is bouncing back and forth. I would feel more comfortable to leave the public hearing open and for us to further get additional information from counsel based on the most recent letter here from DOH. COUNCILMAN MERRILL- I'd like to repeat my concern if this structure only contains a sink and toilet and if it's only three hundred square feet that to me is a bathroom facility. You are putting in a two thousand gallon holding tank so is that the primary purpose of this to serve as a bathroom facility new construction of a bathroom facility. MR. SALVADOR-Certainly you don't need a two thousand gallon capacity. COUNCILMAN MERRILL-Not for a hunting camp so why would you put it in? MR. SALVADOR-Because your code requires it. That is the minimum size allowed in your code is two thousand gallons certainly you don't need that you couldn't fill that in three years from this facility, but that's the minimum and that's what had to be designed for. MRS. SAL V ADOR-I think what you are looking at is you are looking at the structure tonight. When you are making a determination on a house or whatever you don't ask what type furniture is going to be in there, You don't ask if it is going to be an Amana refrigerator or if it is going to be a different type of couch. We may be putting a table and chairs and a couch in there I don't think that's what you are suppose to be looking at tonight. I think you are looking at the structure and the holding tank. What we decide to put in there at a later date to sit down and have a lunch or to have a cup of coffee while he might be hunting or fishing is not part of what you are looking at tonight. So you are not looking at a bathroom you are looking at a hunting and fishing cabin that might have a couch, table, and some chairs. MR. SALVADOR-And a chair that you could bring in. Brian Fear mentioned a toilet and sink in here actually our most recent design of the hunting and fishing cabin it was equipped with a port-a-potty that's how we were getting around the requirement that it had a holding tank for another design we can stipulate that it will have port-a-potty. COUNCILMAN IRISH-I don't think it is fair for the Town Board to, I mean John's has an application in front of the building department, correct? MR. SALVADOR-Yes. COUNCILMAN IRISH-Which describes the project. I don't think it is fair for the Town Board to sit up here and say how do we know you are not going to do something else with that piece of property that's not what they asked to come in here for. I don't think that it is our position to sit up here and anybody whether it is John Salvador or anybody else come up to that table and answer the questions that you just asked him Dick, I don't think that is our job. SUPERVISOR CHAMPAGNE-Our purpose tonight is really to act on whether we accept or reject or deny, I guess the Code Enforcement Officer ruling isn't that really what we're here for? MR. SAL V ADOR- That's my understanding. TOWN COUNSEL, MR. SCHACHNER-That's absolutely correct the only thing I want to make sure we focus on and Mr. Salvador stated this as well, I'm sorry Chris Round stated this you don't have in front of you tonight whether to grant the variance to allow the holding tank. Just whether to allow this to proceed to the next step which would be to then procedurally continue the Salvador applications through the procedural review process schedule a public hearing on the variance request. That's the only decision you can make tonight if you wish to make a decision tonight is whether to uphold Mr. Hatin's determination that you can't process this application or to overturn Mr. Hatin's application and determine that you can process this application. SUPERVISOR CHAMPAGNE-Do I hear from anyone else? Do you want to leave the public hearing open for further counselor are we ready to make a decision? COUNCILMAN IRISH-I think you can move this. I'll move it to reverse Dave Hatin's determination on the Salvador holding tank based on the information provided by Brian Fear from the Department of Health in which he states it is his opinion that the project could be built with a holding tank. COUNCILMAN TUCKER-This is just to start the process? SUPERVISOR CHAMPAGNE-This is just to say to Mr. Hatin that his..... COUNCILMAN TUCKER-Allow Mr. Salvador's permit to go through the process. SUPERVISOR CHAMPAGNE-That's correct. COUNCILMAN TUCKER-I'll second it. SUPERVISOR CHAMPAGNE-Any further discussion? TOWN COUNSEL, MR. SCHACHNER-If you want and you do obviously at least two board members want to introduce a resolution reversing that determination you will notice our prepared resolution at the end says, Resolved, that the Local Board of Health basis for this whatever affirmation or reversal is as follows. I have some language I can suggest to be added to that to support the motion for reversal. SUPERVISOR CHAMPAGNE-I think we should do that before we vote on it. TOWN COUNSEL, MR. SCHACHNER-That language would be I'll read it first quickly. The proposed structure does not appear to be an individual household as defined in New York State Department of Health regulations as it does not include any cooking or bathing facilities as stated in a letter from Brain Fear of the New York State Department of Health dated September 2, 1998. We couldn't do this in advance not knowing obviously what your motion would be, but if there is a motion to reverse I would suggest that the language be added to the motion in the final resolve. SUPERVISOR CHAMPAGNE-That's correct. TOWN COUNSEL, MR. SCHACHNER-If that's the case those who moved and seconded would have to state that. COUNCILMAN IRISH-I'll move it again. COUNCILMAN TUCKER-I'll second it. SUPERVISOR CHAMPAGNE-Could you also include in that resolution the clarification of residence\household because Brian Fear didn't address, oh I know the seasonal aspect of it. SUPERVISOR CHAMP AGNE- That it would be encumbered in nine months or less. MR. SAL V ADOR- Yes, the use. TOWN COUNSEL, MR. SCHACHNER-You can if you want. I personally don't believe that it is necessary at this time I think that might be relevant on whether you grant the variance or not. MR. SAL V ADOR- This is like the two thousand gallon tank it's there because the code requires it. COUNCILMAN IRISH- Yeah, but this isn't for the permit it is just to reverse. MR. SALVADOR-Okay, whatever. TOWN COUNSEL, MR. SCHACHNER-I think the comment is not inappropriate I just don't think it is yet appropriate. I think that comment if you decide in a certain direction on the ultimate permit as Doug says then I think that would be appropriate. SUPERVISOR CHAMPAGNE-Ready to vote. RESOLUTION REVERSING DETERMINATION OF DIRECTOR OF BUILDING AND CODE ENFORCEMENT CONCERNING APPEAL BY JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 48.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, John and Kathleen Salvador applied to the Town of Queensbury Local Board of Health for a variance from Chapter 136, Appendix A of the Town's On-Site Sewage Disposal Ordinance, such application requesting that the applicants be allowed to have a holding tank on property located at 2999 State Route 9L, Queensbury and bearing Tax Map No.: 4-1-11, and WHEREAS, by letter dated August 5th, 1998, the Town of Queensbury Director of Building and Code Enforcement determined that the Salvadors' property did not qualify for the variance, and WHEREAS, the Salvadors appealed this determination by letter dated August 27th, 1998, and WHEREAS, the Queensbury Town Clerk has advised that a notice of public hearing was published in the Post-Star and sent to all property owners located within 500 feet of the Salvadors' property, and WHEREAS, a public hearing was held on October 5th, 1998 concerning the Salvadors' appeal to allow consideration of a holding tank, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby reverses the determination made by the Town of Queensbury Director of Building and Code Enforcement that the Salvador property located at 2999 State Route 9L, Queensbury and bearing Tax Map No.: 4-1-11 does not qualify for consideration of a variance to allow a holding tank, and BE IT FURTHER, RESOLVED, that the Local Board of Health's basis for this reversal is as follows: the proposed structure does not appear to be an "individual household" as defined in New York State Department of Health regulations as it does not include any cooking or bathing facilities, as stated in a letter from Brian Fear of the New York State Department of Health dated September 2, 1998. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None PUBLIC HEARING TO REMAIN OPEN RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 49.98 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 5th day of October, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None AbsentNone PUBLIC HEARING - LOCAL LAW ENTITLED, "ZONING" SECTION 179-60, "SHORELINE AND WETLAND REGULATIONS" OPENED 7:30 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Chris, I guess we're going to need you to kind of update us on that. EXECUTIVE DIRECTOR, MR. ROUND-This is a minor revision to our shoreline and wetland regulations as it regulates the placement of docks. If you see the resolution before you it identifies the proposed changes in the regulation under Item 4. E shape docks have not been previously included in the description of the dock surface area limits. It does include F, L, T, U, shaped docks which are conventional shape docks. We revised to include E shape docks also the revisions proposed the recommendation to include an interior separation distance between two docks on the same property. We have proposed a twenty five foot separation between two docks on the interior. This revision was proposed, I guess a housekeeping function by our department we've come across several E shape dock proposals this last summer season this is to address that so we can correctly interpret the code and allow for proper enforcement of our dock regulations. COUNCILMAN IRISH-Chris the square footage is the same for all of the docks? EXECUTIVE DIRECTOR, MR. ROUND-Correct. COUNCILMAN IRISH-WouIdn't it be easier just to strike that shape of the dock unless you are trying to regulate a shape. EXECUTIVE DIRECTOR, MR. ROUND-This is consistent with Park Commission Regs and I don't know which came first. These are typical shapes and I haven't contemplated what that revision might allow. COUNCILMAN IRISH-If somebody comes in with an 0 shape dock what are you going to do? EXECUTIVE DIRECTOR, MR. ROUND-I don't know I haven't contemplated that. SUPERVISOR CHAMPAGNE-Okay with that said we're just addingE to the alphabet anyone care to add anything more? MR. SALVADOR-Presented to board handouts regarding Lake George "Apparent" or "Imaginary" Shoreline. I have appeared before this Town Board many times on this subject so a lot of what I'm going to say here is just for purposes of putting it into the record you may have heard it before. Any law making, rule making, or even permitting by this local government body in... . such as shorelines and wetlands should be done very carefully and with full knowledge of your jurisdiction and limits of authority as well as jurisdiction and limits of authority of other governmental agencies. Failure to do so often results in overlapping jurisdictions conflicting requirements and uneven standards illegal laws are unenforceable. As mentioned at the time of you setting this public hearing within the Town of Queensbury there are three distinctly different major water bodies which these rules are intended to regulate. The Hudson River is a navigable waterway of the United States and New York State. Lake George is a navigable lake of the State of New York as well as a navigable waterway of the United States. Glen Lake for these purposes is a private lake which indeed at one time was someone's private pond. Since July 9th, 1776 Lake George has been a public body of water by virtue of the fact that the State still holds the bed of Lake George in public trust as it does the bed of the Hudson River. It is absurd to believe that one set of town shoreline and wetland regulations can be make applicable to each water body. I will focus my comments tonight on the shoreline of Lake George in an effort to demonstrate the boundaries of this Town's authority. I would like to pass out this paper for your benefit you've seen this before I think (presented paper to Town Board members). To assist in your understanding I have prepared this training aide let's take a look at it. You will see there a cross section of a typical shoreline area that tax map parcel number happens to be a neighbor of ours Lou Stone and maybe that's even him walking along the shore there. The elevation 320.2 above mean high water is what we all refer to as the shoreline of Lake George we zone to that line and we tax to that line the county tax maps are prepared to that line. The mean low water mark is shown there that is as I show you the demarcation between public land and private land. It also happens to be the boundary line between our two municipalities Bolton and Queensbury. You will see in red there the lake level on the second of October at 319.26. Now we all get the Post Star and on that weather page you see there they report each day the Lake George water level. They report it there an elevation of the height on the Rogers Rock gage it is extremely confusing and that's done purposely you are not suppose to really understand these things. But, 3.33 on Friday in the Post Star on the Rogers Rock gage is equivalent to 319.26 above mean sea level. Now you can see on Friday of last week there was about a foot and a half of water between the lake level and the mean low. Beyond the mean low we citizens do not have any proprietary property right that belongs to the people of the State of New York. When we tread on that land we're on somebody's else's land and we can't do that without permission it is called an easement there is a procedure for obtaining an easement. The Town of Queensbury can and should zone to that mean low that is all of the land in the Town of Queensbury. However, you must understand that many many docks that we're talking about all these E shape docks go beyond the mean low it's not to hard to build a dock and go beyond the mean low. Most of those docks on Lake George have been permitted and I would say improperly and I will show you that. What is the legal deviation of the fact that the municipal boundary between the Town's of Bolton and Queensbury is at elevation 317.74 above mean sea level rather than the middle of the water body as you would normally expect? In the beginning the Town of Bolton was established with a boundary called the east bank of Lake George that's in the language of the state statute defining the Town of Bolton. The Town of Queensbury was defined as the east shore of Lake George and these are taken again from the revised statutes. As recent as 1957 the Legislature Commission the Conservation Commissioner to make a survey of the shoreline of Lake George in order to establish the mean low water mark of said lake, the mean low. The reason this was done was that we all know that a series of dams was built up at Ticonderoga in the late seventeen hundreds early eighteen hundreds and essentially raised the level of this lake about four feet what was then when those words were written in the Town Charters the east bank, the east shore was under water now. There was a need to establish the mean low and that mean low was established at 317.74 and that has become the demarcation between public and private land and that's in the law. As a result of the survey the New York State Legislature passed Chapter 160 in 1963 establishing 1.81 on the Rogers Rock gage as mean low water level of Lake George 1.81 on the Rogers Rock gage is 317.74. SUPERVISOR CHAMPAGNE-John I've got to be honest with you and say, yes we have all heard this a number of times and I think we're very familiar with it and I would just like to get to the purpose of the public hearing and that is to deal with the E shape docks. MR. SALVADOR-But, these E shape docks you are talking about will find themselves on the public lands in the zoning jurisdiction in the Town of Bolton. SUPERVISOR CHAMPAGNE-I understand that just as the T shape, U shape, and all the other shapes. MR. SALVADOR-Exactly. SUPERVISOR CHAMPAGNE-All we're doing is just adding a E shape to the other shape docks. I'm not sure that we need to have the history of Lake George as a result of reviewing for this public hearing the purpose. You can certainly submit that report I don't know how much longer you've got John I'm not sure that the board is seriously interested in. . ... MR. SALVADOR-The point is how much longer are we going to on turning a blind eye to the legal requirements that's all you are doing. I've showed you in the past this packet that's what I'm leading up to. SUPERVISOR CHAMPAGNE-I know you are. MR. SALVADOR-This has been published and put out by the Governor of the State of New York and it tells us how we're suppose to build docks, piers, bulk-heads, moorings, and anchorage acres for marinas, residences, etc, in the Adirondack Park now this is it this is the road map and we're not paying any attention to it. You have a position in the hierarchy of this approval, but it's not at the top. The Park Commission has a position... ... SUPERVISOR CHAMPAGNE-That's correct. MR. SALVADOR-In the hierarchy of this approval, but it's not at the top, okay. What you are doing is you are granting permits for people to go out there and build and they are not in conformance with existing state laws that have been established long before you got into the business of permitting docks that's my point tonight. SUPERVISOR CHAMPAGNE-I understand that. MR. SAL V ADOR-I would recommend that you not pass this local law just continue to make more and more mistakes. How do we get it turned around and do the right thing? SUPERVISOR CHAMPAGNE-I think that's the major question if what you say is true. MR. SAL V ADOR-I can assure you what I say is true. In any case I would recommend that you not pass this local law. SUPERVISOR CHAMP AGNE- Thank you. Anyone else here speak for or against E shape docks on Lake George? MAGGIE STEWART, PARK COMMISSION-Maybe Mr. Schachner can look into this, but I feel that OGS is also going to add the E shape dock to their set of plans for docks that could be built on lakes in New York State. I think that could be looked into, but I understand that's why the E shape dock was not added by OGS, but they are thinking of doing it. SUPERVISOR CHAMPAGNE-Why was that? MRS. STEWART -I don't know. I think the E shape just evolved somehow I really don't know. COUNCILMAN IRISH-Maybe we ought to pull this and..... MRS. STEW ART -It would be good to look into that or call Mike White because I think that's what he was saying the other day. SUPERVISOR CHAMPAGNE-I appreciate that. I feel comfortable adding E shape docks to all other docks. Mark do you see any problem with moving forward with it? TOWN COUNSEL, MR. SCHACHNER-I think all we're doing is tracking the Park Commission regulations and it is one of the things that evidently was not previously permitted. Our current regulations track them we might as well keep tracking them I think if you want to do that that's fine. SUPERVISOR CHAMPAGNE-Okay, anyone else care to speak for or against? COUNCILMAN TUCKER-Does our building department issue permits for these docks at the present time? COUNCILMAN TURNER-Yeah. COUNCILMAN IRISH-With a variance right? COUNCILMAN TURNER-No. COUNCILMAN IRISH-You don't need a variance for them? EXECUTIVE DIRECTOR, MR. ROUND-We haven't issued them previously, E shape. COUNCILMAN TUCKER-The question that I have to ask if we don't do it who is going to do it, anybody? SUPERVISOR CHAMPAGNE-Ordinarily you folks give approvals they come to you for approval? MRS. STEW ART -Right. We do as long as the setbacks are correct and it is not more than seven hundred square feet or forty foot long or whatever. SUPERVISOR CHAMPAGNE-Same rules apply. COUNCILMAN TUCKER-What Mr. Salvador is talking about these are state rules and regulations have they made any provisions to enforce those? SUPERVISOR CHAMPAGNE-There have been E shape docks built in Queensbury , yes? EXECUTIVE DIRECTOR, MR. ROUND-Correct. SUPERVISOR CHAMPAGNE-Without a variance, yes? EXECUTIVE DIRECTOR, MR. ROUND-Correct. SUPERVISOR CHAMPAGNE-All we're trying to do is get our code in what our past practice has been really. COUNCILMAN TURNER-E shape docks are allowed where you have a hundred and fifty feet of shoreline. TOWN COUNSEL, MR. SCHACHNER-You can even narrow that statement down further and let's remember where Chris came from in initially proposing this. We already have provisions for E shape docks as Ted just pointed out all we're doing is adding that particular one to the existing regulation regarding the maximum square footage of seven hundred square feet so it's not even the big leap that anyone is portraying here it is just adding in that one particular place. MR. SAL V ADOR-I spoke about the hierarchy of approval. The Lake George Park Commission has a proviso in its permit granting procedure that says it is the applicants responsibility to get all other permits necessary. I think you probably have the same thing in your code it is just a question of who comes first. Now what's happening on this lake is people get the Park Commission permit and they get the Town permit and they say that to the State. What we're faced with on Lake George is when it takes an easement to continue to occupy the bed of the public lands. They cost money that's a real estate transaction, they cost money and there is a fine, procedure that's all. There is a hierarchy of approval and that's what that packet is all about you enter the system and you go through. The Town is in line, the Park Commission is in line, the AP A is in line, The Army Core of Engineers is in line, it's in order that's all we have to do. One of the OGS regulations reads like this. Pursuant to this part the State priority interest then is such in event the Commissioner of OGS shall assist the Lake George Park Commission in providing services including but limited to examination of title and/or its issuance of easement, lease, permit or lessor interest for fee determination pursuant to this park with an appropriate credit for fees paid to the commission. There is a procedure and all we have to do is step one, two, three, four, that's all. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? The board? COUNCILMAN MERRILL-John the problem you are bringing up here I think extends around the entire lake it is more than a problem with Queensbury. I think it would appropriate to refer it to the Lake George Park Commission for their consideration because they are responsible for lake side issues. MR. SALVADOR - I brought this subject to the attention of the Warren County what do they call it, the County prepares tax maps and they sort out all these property tax things I brought this to their attention their tax maps are in error. You are suppose to have all of the land within the town on the map that's how you tax fairly equitably, legally and that's not the case. Paul Dusek fielded the question he didn't see any problem. COUNCILMAN MERRILL-But if it is a problem I see it as a lake wide problem not just Queensbury that's why I think it would appropriate for the Park Commission to examine it and determine if there is a problem or not. MR. SALVADOR-It is not their problem it is a Town of Queensbury problem I'm a resident of the Town of Queensbury. SUPERVISOR CHAMPAGNE-Anyone else? COUNCILMAN TUCKER-Are docks being built now without permits? COUNCILMAN MERRILL-Chris could you clarify. EXECUTIVE DIRECTOR, MR. ROUND-E shape docks are permitted under our Town Ordinance and they also are permitted by the Park Commission. There was an omission in the size restriction it goes through and includes everything but E shape docks when it limits it to seven hundred square feet in size so this is to include that in the size restriction. SUPERVISOR CHAMP AGNE- That's it we're just adding to the code seven hundred square feet for an E shape dock. TOWN COUNSEL, MR. SCHACHNER-When you say that's it there is another part of the proposed amendment about the separation between two docks on one property that has nothing to do with E shape in particular. EXECUTIVE DIRECTOR, MR. ROUND-E shape are allowed but there is no provision for the restriction of size of E shape docks currently. SUPERVISOR CHAMPAGNE-Okay, are we ready to vote? COUNCILMAN TUCKER-No, I want to talk to him a second about it. If! was to come in and want to build a dock on Lake George and you issued me a permit would you tell me I had to get a permit from the Lake George Park Commission? EXECUTIVE DIRECTOR, MR. ROUND-There is under certain circumstances we do convey that information, yes. On this issue, I thought you were going to ask me the question would I currently restrict E shape docks to the seven hundred square feet limit right now and that's what we've been making that interpretation and we've been challenged to say that it's not included in your regulation how can you say the seven hundred square feet limit is imposed upon E shape docks that's what this is an attempt to do. We do convey it to the Park Commission and they also have authority for permits of docks. It is not our responsibility to enforce Park Commission Regs or visa versa, but we do maintain communication. COUNCILMAN TUCKER-Suppose you issued a permit and the Park Commission says no to the same permit what happens then? EXECUTIVE DIRECTOR, MR. ROUND-The regulations are consistent with one another right now. COUNCILMAN IRISH-If the State regs say that they have to have these other permits inside the park aren't we required to enforce that? EXECUTIVE DIRECTOR, MR. ROUND-No we're not. We're responsible for enforcing the local laws in this case. With the Core of Engineers Wetland permit okay, we have wetland regs but we do not regulate Army Core of Engineers Wetlands. It is in our best interest to make sure property owners know that there are other regulations out there and they should be informed that potentially that there are characteristics of their site that might require them to inquire to other agencies as regards to their jurisdiction. COUNCILMAN IRISH-Part of the permitting process is to get the other permits from the other bodies. If that's part of the requirement under the State Law how would Queensbury not be in a position to enforce that as part of their permitting process? EXECUTIVE DIRECTOR, MR. ROUND-We can't be any less restrictive, but we can be more restrictive. COUNCILMAN IRISH-Right, wouldn't you have to enforce that if it requires everybody's... ... EXECUTIVE DIRECTOR, MR. ROUND-We can only enforce which is in our jurisdiction. COUNCILMAN IRISH-I guess the problem I'm having is I as a building inspector or a building and code enforcement officer knows that it is going to take four permits to get a project through and I issue a permit I would think it would be my job to make sure the other three permits were issued before anything was built. EXECUTIVE DIRECTOR, MR. ROUND-In some incidents you have to go local level up other cases you have to go down to the local level. We inform typically when the Park Commission any activities on the shoreline there is Park Commission involvement. We identify that okay for a boathouse you need a Park Commission permit and we will go through the review process. They are notified at the same time and then prior to the issuance of a building permit we may have a Park Commission permit in hand or visa versa. They run cotangent to run another or coincidental to one another. SUPERVISOR CHAMP AGNE- Typically would one go to the Lake George Park Commission first? EXECUTIVE DIRECTOR, MR. ROUND-A lot of times people do go for boathouses most typically they do go to the Park Commission first obtain a Park Commission permit and then do come in front of a local Planning Board because it is a site plan review issue. If it is a covered boathouse they will come in front of the Planning Board and say we already have our Park Commission permit we would like obtain a permit from the Town of Queensbury for construction of a covered boathouse. That's not always a guarantee that you are going to get it at the local level because there are concerns from residents so we take that into review. Often times there is minor modifications to designs based on the local boards input it's not a done deal by any means. MRS. STEWART-The Park Commission permit is not valid unless all other permits have been okayed by Town...... EXECUTIVE DIRECTOR, MR. ROUND-Typically that's the way it is written. If you read a state permit it says for provisions for all other locaL.. ..are obtained it typically works down to the local level. COUNCILMAN IRISH-If nobody is enforcing that was difference does it make? EXECUTIVE DIRECTOR, MR. ROUND-That's why you have an enforcement arm whether they are building inspectors whether it is the zoning code enforcement. COUNCILMAN IRISH-You just said you don't enforce that. EXECUTIVE DIRECTOR, MR. ROUND-We're making sure that our permits are in place we can only be responsible for our permits. If we took on every State regulation we wouldn't have enough staff. COUNCILMAN IRISH-PIiney says we have a lot of money we can hire anybody you need. COUNCILMAN TUCKER-The state has a habit of making rules and regulations and passing them on to the taxpayers to enforce and this happens time and time again. My concern here is, yeah, we might be violating the law a little bit but at least you are taking a look at what's going on. EXECUTIVE DIRECTOR, MR. ROUND- I like to also note in our conference of plan for 1998 there is a recommendation to relieve ourselves of permitting docks, but no other aspect other than a building permit issuance and that's something that will be discussed in the months to come. COUNCILMAN TUCKER-Run that by me again. EXECUTIVE DIRECTOR, MR. ROUND-There is a proposal in the Comprehensive Plan to only issue building permits not to get involve whether it's in site plan review or not to get involve in defining what size dock not to do what we're doing here tonight basically is altering a code. Basically our code is a mirror reflection of what the Park Commission code is in regard to size restrictions, etc. is to relieve the local level of that aspect of our code. They will have to go to the Park Commission to get a permit and get a Park Commission permit and come and get a building permit and that's the extent of our involvement. SUPERVISOR CHAMPAGNE-That's after they go to the Warren County Planning Board. That's in there they have to get to the Warren County Planning Board, this board, the Town Board. I mean by the time you get to build a dock you've been absolutely around the horn. COUNCILMAN TUCKER-What he is saying get out of it the town. The Park Commission if they give their okay then the only thing that we would do is issue the permit. They wouldn't have to come in front of the board or anything else good idea. COUNCILMAN IRISH-You could have said that ten minutes ago Chris. I'll move it. COUNCILMAN MERRILL-I'll second it. SUPERVISOR CHAMPAGNE-Any further discussion among the board members, hearing none please vote. RESOLUTION TO ENACT LOCAL LAW NO.: 8 OF 1998 TO AMEND CHAPTER 179 OF THE QUEENSBURY TOWN CODE ENTITLED, "ZONING," SECTION 179-60, ENTITLED, "SHORELINE AND WETLAND REGULATIONS" RESOLUTION NO. 367. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to enact a Local Law to amend Chapter 179-60 of the Code of the Town of Queensbury entitled, "Zoning," to amend (179-60 thereof entitled, "Shoreline and wetland regulations," to set the size limitation for "E-shaped" docks and to set the separation distance required between docks located on the same property, and WHEREAS, on October 5th, 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 179 of the Code of the Town of Queensbury entitled "Zoning,," to amend (179-60 thereof entitled, "Shoreline and wetland regulations" to be known as Local Law No.: 8 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 5th day of October, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None TOWN OF QUEENSBURY LOCAL LAW NO.: 8 OF 1998 A LOCAL LAW TO AMEND CHAPTER 179 OF THE QUEENSBURY TOWN CODE ENTITLED, "ZONING" SECTION 179-60 THEREOF, ENTITLED, "SHORELINE AND WETLAND REGULATIONS." BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 179, ~179-60 of the Code of the Town of Queensbury, entitled "Shoreline and wetland regulations," is hereby amended as follows: ( 179-60. Shoreline and wetland regulations. B. Regulations. (1) In the case of the shorelines of all lakes, ponds, streams, swamps or wetlands and the shoreline of the Hudson River, the following restrictions shall apply: (b) Docks and moorings. In all residential and recreation commercial zones, docks may be constructed on any legal size building lot, subject to number, size, configuration and setback restrictions and for which a building permit has been issued. [4] square feet. No F-, L-, T-, U-, or E- shaped dock surface area shall exceed seven hundred (700) [5] Every dock or wharf constructed shall have a minimum setback of twenty (20) feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake or at a right angle to the mean high-water mark, whichever results in the greater setback. In the event that an additional dock or wharf is proposed on a property where another dock(s) exist(s) or is proposed, the separation distance between the docks shall be a minimum of twenty- five (25) feet. SECTION 2. 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 3. 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. PUBLIC HEARING CLOSED CORRESPONDENCE NONE TOWN COUNCILMAN'S COMMITTEE REPORTS COUNCILMAN TUCKER-Spoke to the board regarding Queensbury Forest noting they will have a report from the engineer on October 19th. Spoke to the board regarding the paving of Luzerne Road. Noted at Homestead Village Trailer Park there is a six inch jump coming off their road onto Luzerne Road asked this to be brought up at the Highway Committee Meeting. Asked Director of Parks and Recreation when the public opening of Hudson River Park, Mr. Hansen noted they will be discussing it tomorrow night. PRESENTATION - EXPANDED MOREAU STATE PARK AND ITS IMPACT ON QUEENSBURY JUILA STOKES, DEPUTY COMMISSIONER OF OPERATIONS WITH NEW YORK ST ATE PARKS, HAROLD HAGAMAN, PROJECT DIRECTOR, CONNIE HYATT, PARK MANAGER FOR MOREAU LAKE STATE PARK (Map shown to board) Mrs. Stokes-Spoke to the board regarding the Moreau State Park. Noted they are in the process of purchasing an additional thirty two hundred acres to add to Moreau Lake State Park. The dark green is what we traditionally think of as Moreau State Lake and the white green is what we purchased. It is a very unusual parcel of property because it's the only place that the Hudson River actually runs from west to east. The land is on both sides of the river so it is in four towns, two counties the Town of Moreau, Town of Corinth, Town of Luzerne, and Town of Queensbury. It is even more unusual because Niagara Mohawk, because of the two power generating dams, has retained ownership of the power dams they have to retain ownership of fifty feet to high mean level water mark along the corridor of the river they have to retain and maintain the two boat launches on the river and they maintain and continue to own the power line corridors that run through this property. We are working on a separate operation and maintenance agreement with Niagara Mohawk where they will enforce park rules and regulations across their property and they will pay parks in order to manage the two boat launch sites clean up the trash and police them. That's basically what we're looking at. When parks does as large a change to a facility as we're talking about here we have to do a master plan. One of the things that we like to do is get out and speak to the people who are involved in this who are the communities who actually are going to be using the park and talk to them outside of the formal process. In early November we will start the formal SEQRA process Harold will describe that to you and what the time line is. We are going to each of the four town's trying to describe what we have now and to ask you to be involved. To ask the Town Board to appoint somebody to an Advisory Committee to work with Harold and Connie as they begin to develop this plan. To find out what special interest groups in the community would like to be involved in this so we have the greatest number of people working with parks to figure out how this land is going to be used. MR. HAGAMAN-Spoke to the board regarding the Master Plan process. Noted they will run it parallel to the process that's required to complete an environmental impact statement. A master plan and a project of this size is a positive action it does require an environmental impact statement. Will be running two processes side by side creating a master plan for the park as well as the documentation and reviews and approvals necessary for a completed environmental impact statement. The first step of the process will be to collect basic data on the resource. We have fairly good knowledge about old Moreau Lake State Park and have some data courteous of Niagara Mohawk about new Moreau Lake State Park, but are in the process for collecting additional data. Once we have a good handle on just the raw data of what's there then can start to move into analysis process. Out of this will come a preferred alternative and that preferred alternative this preferred alternative is what we will go forward in the environmental impact statement. The next step in the public process will be a draft environmental impact statement scoping session we are looking at a date the first two weeks of November. There will be an Advisory Committee would like the Town to consider who it might want to appoint to that Advisory Committee. This person would act as a channel for information exchange information between the planning group and the town. There will be periodic meetings where we'd like this person to contribute. If all goes well we expect to have a completed process by the year Spring of the year 2000. SUPERVISOR CHAMPAGNE-Questioned how many acres in Queensbury? MRS. STOKES-Would guess four hundred acres. MR. HAGAMAN-One of the things we will be doing is looking at water quality data. Have collected data from Niagara Mohawk it is very positive in this regard. COUNCILMAN IRISH-Questioned what would happen if Queensbury wanted to expand their water treatment plant and they have brought property right up to the plant. MR. HAGAMAN-Noted they would not be able to directly transfer park property to you. If it is an issue then we would want to be aware of this to evaluate this is the master plan process. MRS. STOKES-The property was purchased by the Open Space Institute from Niagara Mohawk. At this point Connie is working with her staff and surveyor who worked for them to try and get out and begin to put some boundary markings out so we can identify the major boundaries. MR. HAGAMAN-Noted they will be collecting a lot more hard information as they wrapped up this. MRS. STOKES-Would like the Towns and the various interest group who want to use this property to be involved all the way along the way. SUPERVISOR CHAMPAGNE-Questioned if the State of New York continues to pay taxes on this property? MRS. STOKES-In Warren County the property will actually be owned by DEC and they will be paying taxes. In Saratoga County the property is owned by parks and we don't pay taxes. SUPERVISOR CHAMPAGNE-Noted the first couple of weeks of November will be the scoping process will need someone from Queensbury to sit on Advisory Board. MRS. STOKES-Noted they would like that individual within a couple weeks because Harold and Connie will be getting started. Looking for a good wide representation of people interested in this. COUNCILMAN TUCKER-Noted he would like to be involved in the process since it is in his Ward. OPEN FORUM (RESOLUTIONS) NO PUBLIC COMMENT RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE ORDER FOR COMPUTER SERVICES OF KVS INFORMATION SYSTEMS RESOLUTION NO.: 368. 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures and in accordance with these 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, William Shaw, Computer Technology Coordinator, has advised the Town Board that it is necessary for KVS Information Systems, the Town's current provider of software, to migrate its application software to the Town's computer network and other associated services, for an amount not to exceed $10,978, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves ofKVS Information Systems migrating its application software to the Town's computer network and other associated services, for an amount not to exceed $10,978, to be paid for from Accounts: 01-1680-2032 ($10,378) and 01-1680-2031 ($600). Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDERS WITH TECH II BUSINESS SERVICES AND DELL MARKETING FOR COMPUTER EQUIPMENT AND SERVICES RESOLUTION NO.: 369.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures and in accordance with these 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, William Shaw, Computer Technology Coordinator, has advised the Town Board that it is necessary to purchase a new computer server, anti-virus netware, components and installation of a Data Network and associated hardware for a total amount not to exceed $16,166.96, WHEREAS, NYS Bidding is not required, since the items to be purchased are under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of a new computer server and anti-virus netware from Dell Marketing in accordance with State Contract #PTOO109 for an amount not to exceed $6,024.46 to be paid for from Account No.: 001-1680-2031 and further approves of the purchase of the components and installation of a Data Network and associated hardware from Tech II Business Services in accordance with State Contract #98-454E for an amount not to exceed $10,142.50 to be paid for from Account No.: 01-1680-2031. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None RESOLUTION REAPPOINTING ROBERT VOLLARO TO THE TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 370.98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Planning Board pursuant to applicable New York State law, and WHEREAS, the term for Planning Board member Robert Vollaro will expire on October 22, 1998, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Robert Vollaro to serve as a member of the Queensbury Planning Board, said term to expire on October 22,2005. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT:None RESOLUTION ACCEPTING EXTENSION OF FAWN LANE IN PHASE III OF THE SHERMAN PINES SUBDIVISION RESOLUTION NO. 371.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, North Builders, Inc. has offered a deed to dedicate an extension of Fawn Lane located in Phase III of the Sherman Pines Subdivision to the Town of Queensbury, which is more particularly described in the survey map prepared by David Bolster, Licensed Land Surveyor, dated September 12th, 1998 and presented at this meeting, and WHEREAS, Richard Missita, Deputy Highway Superintendent, has recommended acceptance of the road extension, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts and approves the deed for dedication of the extension of Fawn Lane in Phase III of the Sherman Pines Subdivision, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the road be added to the official inventory of Town Highways as follows: Name: Fawn Lane (First portion previously accepted) Road Number: 497 Description: Beginning at: Fawn Lane and continuing in a westerly direction, a distance of 1,044' and .20 hundredths of a mile and ending at Fawn Lane Feet: 1,044' Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None SUPERVISOR CHAMPAGNE-Noted he would vote yes, that he would only direct that the Building and Codes and the Planning Office spend quality time reviewing the plan making sure it is done appropriately. DISCUSSION HELD BEFORE VOTE COUNCILMAN TUCKER-Questioned if Joseph P. Ammirati is the one who did Queensbury Forest? SUPERVISOR CHAMPAGNE-Yes. Understands there is twenty new lots on the road that is being dedicated? COUNCILMAN TUCKER-Questioned who okayed the first part, the previous board? SUPERVISOR CHAMPAGNE-Doesn't know. Understands there was a lien and the lien has been satisfied. TOWN COUNSEL, MR. SCHACHNER-Not exactly. There was going to be a lien and the payment was made so the lien was never levied. SUPERVISOR CHAMPAGNE-Motion made and seconded ready to vote. RESOLUTION AWARDING BID FOR TOWN OF QUEENSBURY HIGHWAY OFFICE RE-ROOFING PROJECT RESOLUTION NO. 372.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for bids for the re-roofing of the Town Highway Department Office Building as more specifically identified in bid documents and specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Quaker Bay, Inc., has submitted the lowest bid for the re-roofing project in the amountof$14,518, and WHEREAS, the Town of Queensbury Facilities Manager has recommended that the bid be awarded to Quaker Bay, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for the re- roofing of the Town Highway Department Office Building to Quaker Bay, Inc., for an amount not to exceed $14,518, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes the transfer of $8,000 from the Highway Garage Capital Construction Reserve Fund #062 to the Highway Office Building Capital Project Fund # 114, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes the transfer of funds from Highway Office Building Misc. Contractual Account #01-1620-4400-23, to Account #01-9950-9114, Transfer to Highway Office Building Capital Project, in the amount of $6,518, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and directs the Town Controller's Office to make any necessary adjustments, transfers or prepare any necessary documentation to set appropriations and Appropriated Fund Balance in the Highway Office Building Capital Project Fund # 114 in the amount of $14,518 and any other necessary adjustments and transfers to implement this Resolution. Duly adopted this 5th day of October, 1998, by the following vote: AYES :Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF COST CONTROL ASSOCIATES TO AUDIT UTILITY BILLS RESOLUTION NO.: 373.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to engage the services of a consultant to audit the Town's electric, natural gas and telephone utilities as previous audits have resulted in significant recovery of past over-billings as well as reductions in ongoing utility billings, and WHEREAS, the Town Controller has recommended that the Town Board retain Cost Control Associates to perform the necessary auditing services, and WHEREAS, Cost Control Associates will be compensated for its services from refunds received by the Town and future utility savings in accordance with a formula contained in the Utility Reduction Agreement covered by New York State Contract pricing, and WHEREAS, a copy of the Utility Reduction Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the engagement of the auditing services of Cost Control Associates and further authorizes and directs the Town Supervisor to sign the Utility Reduction Agreement presented at this meeting with the costs of the auditing services to be paid for from recovery of past utility over-billings as well as reductions in ongoing billings, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Controller to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None DISCUSSION HELD BEFORE VOTE COUNCILMAN TUCKER-Asked Controller, Mr. Hess to contact Niagara Mohawk regarding the poles in the Town of Queensbury that we pay on them on a yearly basis to find out whether it is illegal or not. ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT TO BE KNOWN AS THE CAMP MEADOWBROOK SEWER DISTRICT EXTENSION RESOLUTION NO. 374.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Camp Meadowbrook Sewer District Extension, and WHEREAS, the Adirondack Girl Scout Council, Inc., (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 Frank N. Walter, Jr., P.E., an Engineer licensed by the State of New York, 11 Sherwood Drive, Queensbury, New York 12804, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve an area located along the west side of Meadowbrook Drive, north of Halfway Brook in the Town of Queensbury such area consisting of a portion of the parcel having Tax Map No.: 60-2-6 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law ~206A, and WHEREAS, Part I of a Short Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board of the Town of Queensbury shall hold a public hearing and consider establishing the proposed extension to the Central Queensbury Quaker Road Sewer District previously described in this Resolution and to be known as the Camp Meadowbrook Sewer Extension. 2. The boundaries of the proposed extension and benefited areas of the Central Queensbury Quaker Road Sewer District are to be as follows: ALL THAT CERTAIN PARCEL OF LAND lying on the westerly side of Meadowbrook Road in the Town of Queensbury, Warren County, New York, and which said parcel is more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of Meadowbrook Road, which said point is located at the intersection of said road bounds with the centerline of Halfway Creek, and which said point is further located at a distance of approximately 553 feet, measured southerly along said road bounds on a course of South 06 degrees 43 minutes 13 seconds West, from a iron rod found marking the northeasterly corner of lands of the Adirondack Girl Scout Council, Inc.; running thence from the point of beginning, and along the centerline of said halfway Creek, southerly, westerly, and southerly for a distance of approximately 160 feet to a point; running thence in a general westerly direction on a course which is parallel with, and passes 55 feet distant southerly at right angles from, the most southerly face of an existing building known as "Friendship Lodge," for a distance of approximately 307 feet to a point; running thence in a general northerly direction on a course which is parallel with and 10 feet distant westerly of the most westerly face of said Friendship Lodge for a distance of approximately 128 feet to a point; running thence in a general easterly direction on a course which is parallel with, and which passes 10 feet northerly at right angles from, the most northerly face of said Friendship Lodge for a distance of 245 feet to a point; running thence in a general northeasterly direction for a distance of approximately 253 feet to a point in the westerly bounds of Meadowbrook Road; running thence in a southerly direction along said road bounds, South 06 degrees 43 minutes 13 seconds West for a distance of 225 feet to the point of beginning. CONTAINING 1.3 acres ofland, more or less. 3. The proposed improvements shall consist of the purchase and installation of a duplex grinder pump unit and appurtenances and approximately 500' of HDPE pressure of sewer main running from the area proposed to be included in the extension to an existing sewer main in the Central Queensbury Quaker Road Sewer District, as more specifically set forth in the Map, Plan and Report prepared by Frank D. Walter, Jr., P.E., and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up. 4. All proposed construction shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervlslOn. 5. The maximum amount proposed to be expended for said improvement will not be greater than $30,000, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case would be $2,160, or a total of $30,224. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, for the proposed extension. The areas or properties that comprise the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension. 7. The estimated cost of hook-up fees to the typical property will be $0. There are no one or two family homes in the extension, so their hook-up cost would be $0.00. The estimated annual cost of the extension to the typical property will be $757 and approximately $387 for sewer rents; the total estimated annual cost is $1,144. Since there are none, the estimated annual cost for a one or two family home would be $0 for debt service and approximately $0 per year for sewer rents for a total estimated annual cost of $0. There shall be no one or two family homes within the extension; there is only one property and it is a Girl Scout Camp. 8. In accordance with Town Law ~206A, all future expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 9. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 10. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, October 19th, 1998 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 11. The Town Board will proceed with considering the extension and hold such public hearing only if the Developer executes an agreement concerning the extension in a form acceptable to Town Counsel prior to such hearing. 12. The Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 13. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 14. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None ORDER SETTING PUBLIC HEARING REGARDING PROPOSED EXTENSION OF HILAND PARK SEWER DISTRICT KNOWN AS HILAND PARK SEWER DISTRICT EXTENSION NO.1 RESOLUTION NO. 375.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No.1, and WHEREAS, Adirondack Community College ("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 William 1. Levandowski, P.E., ofRist- Frost Associates, P.C., an engineering firm licensed by the State of New York, 333 Glen Street, P. O. Box 838, Glens Falls, New York 12801 regarding the proposed extension to the existing Hiland Park Sewer District to serve Adirondack Community College at its 640 Bay Road location in the Town of Queensbury such area consisting of the parcel or lot identified as Tax Map No.: 60-2-16.1, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, in addition the extension will include a 30' wide sewer easement over the adjacent parcel owned by Family Golf Centers, Inc. such area consisting of the parcel or lot identified as Tax Map No.: 60-2-1, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the proposed sewer district extension pursuant to Town Law, Article 12A, and consolidate the same with the Hiland Park Sewer District pursuant to Town Law ~206A, and WHEREAS, Part I of a Long Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board of the Town of Queensbury shall hold a public hearing and consider establishing the proposed extension to the Hiland Park Sewer District previously described in this Resolution and to be known as the Hiland Park Sewer Extension No. 1. 2. The boundaries of the proposed extension and benefitted areas of the Hiland Park Sewer District are to be as follows: Beginning at a point at the intersection of the easterly boundary of Bay Road with the northerly boundary oflands now or formerly of John M. and Wilma P. Hughes, said boundary also being the northerly boundary of Brookview Acres Subdivision, and running thence from said point of beginning northerly along the said easterly boundary of Bay Road 2,786 +/ - feet to a point in the southerly boundary of lands now or formerly of Harry M. and Mildred W. Covell; thence along the boundary of said lands now or formerly of Harry M. and Mildred W. Covell the following three (3) courses and distances: 1) South 83( 52' East 33.5 +/- feet to a point; 2) North 6( 08' East 99.0 feet to a point; and 3) North 83( 52' West 35.5 +/- feet to a point in the aforementioned easterly boundary of Bay Road; thence northerly along the said easterly boundary of Bay Road 901 +/ - feet to a point in the southerly boundary of lands now or formerly of Marilyn L. Mathias; thence South 83( 49' East 201.37 feet to a point in the westerly boundary oflands now or formerly of David G. and Delores K. Stanton; thence along the boundary of said lands now or formerly of David G. and Delores K. Stanton the following three (3) courses and distances: 1) South 6( 08' West 80.65 feet to a point; 2) South 61( 25' East 100.0 feet to a point; and 3) North 6( 08' East 222.18 feet to a point in the southerly boundary of Haviland Road; thence southeasterly along the said southerly boundary of Haviland Road 1,500 +/- feet to a point in the westerly boundary of lands now or formerly of Family Golf Centers, Inc.; thence southerly along the said westerly boundary of lands now or formerly of Family Golf Centers, Inc. the following three (3) courses and distances: 1) South 6( 24' West 2,400 +/- feet to point; 2) North 81( 14' West 64.7 feet to a point; and 3) South 5( 36'; West 820.9 feet to a point in the aforementioned northerly boundary of Brookview Acres Subdivision; thence North 81( 40' West along the said northerly boundary of Brookview Acres Subdivision 1,535 +/- feet to the point of beginning. A permanent easement for the purpose of installing and maintaining a sewer line over that piece or parcel of property situate in the Town of Queensbury, County of Warren, State of New York and being bounded and described as follows: Beginning at a point at the intersection of the westerly boundary of Meadowbrook Road with the division line between the lands of Family Golf Centers, Inc. on the North and lands now or formerly of Douglas W. and Holly 1. Coon on the South and running thence North 79( 09' 39" West along said division line 1140.35 feet to the southeasterly corner oflands of the Counties of Warren and Washington (occupied by Adirondack Community College); thence North 8( 27' 28" East along the division line between said lands of the Counties of Warren and Washington on the West and the aforementioned lands of Family Golf Centers, Inc. on the East 30.03 feet to a point; thence South 79( 09' 39" East through the said lands of Family Golf Centers, Inc. 1140.15 feet to a point in the first mentioned westerly boundary of Meadowbrook Road; thence South 8( 04' 35" West along the said westerly boundary of Meadowbrook Road 30.03 feet to the point of beginning. 3. The proposed improvements shall consist of the purchase and installation of approximately 2,600 If of sewer main running from the area proposed to be included in the extension to the Hiland Park Sewer District pumping station, as more specifically set forth in the Map, Plan and Report prepared by William Levandowski, P.E., of Rist-Frost Associates, P.c., and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up. 4. All proposed construction shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervlslOn. 5. The maximum amount proposed to be expended for said improvement will not be greater than $301,500, plus a one time buy-in fee estimated to be $1.612 per gallon of average daily flow, which in this case would be $40)00, or a total of $341,800. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Hiland Park Sewer District, for the proposed extension. The areas or properties that comprise the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Hiland Park Sewer District. 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Hiland Park Sewer District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension. 7. The average estimated cost of hook-up fees to the typical property will be $0 because there is only one property in the extension and all of the costs of the improvement which include any hook- up costs are already included in the numbers in paragraph no. 5 above. The estimated annual cost of the extension to the typical property will be $0 per $1,000 assessed value for debt service and approximately $49,896 for sewer usage during the first year of operation and an estimated $23,520 per year after the first year for a total estimated annual cost range from $23,520 to $49,896. 8. In accordance with Town Law ~206A, all future expenses of the Hiland Park Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 9. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 10. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on October 19th, 1998 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 11. The Town Board will proceed with considering the extension and hold such public hearing only if the Developer executes an agreement concerning the extension in a form acceptable to Town Counsel prior to such hearing. 12. The Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 13. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 14. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board of the Town of Queensbury as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Tucker., Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 376.98 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: COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3410-4110 (Vehicle Repair) 01-3410-1002 (Miscellaneous Payroll $ 165. 01-3410-4110 (Vehicle Repair) 01-3410-2001 (Misc. Equipment) 2. 01-3510-2001 (Misc. Equipment) 01-3510-4400 (Misc. Contractual) 200. 01-3620-4400 (Misc. Contractual) 1-3650-4400 01-3620-1070 (Clerk, Part Time) 01-3989-4400 190. 250. (Demo-Unsafe Bldg-Misc. Cont.) (Misc. Pub Safety Misc. Cont.) PERSONNEL: FROM: TO: $AMOUNT: 01-1990-4400 (Contingency) ) 01-1430-4400 (Personnel-Misc. Cont) 2,700. SUPERVISOR: FROM: TO: $AMOUNT: 01-1990-4400 (Contingency) ) 01-6410-4400 (Publicity-Misc. Cont) 2,500. WASTEWATER: FROM: TO: $ AMOUNT: 034-8130-4400 034-8120-4400 930. (Misc. Cont-Sewage Treat) (Misc. Contractual) Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT IN PROGRAM BOOK FOR THE 1998 ADIRONDACK BALLOON FESTIVAL RESOLUTION NO.: 377.98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Adirondack Balloon Festival was held on September 18 and 19, 1998 at the Warren County Airport, and WHEREAS, the event attracted more than 100,000 persons to the Queensbury area, providing an economic boon to the community, and WHEREAS, the Adirondack Balloon Festival asked the Town of Queensbury to show community support of the Festival by purchasing an advertisement in the 1998 program book, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the 1998 Adirondack Balloon Festival was an economic and tourism boon to the Town of Queensbury and therefore authorizes the purchase of an advertisement in the Adirondack Balloon Festival souvenir program book in the approximate amount of$I,200, to be paid for from Account No.: 01-6410-4400. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:None RESOLUTION APPROVING ZONT A WALK FOR BREAST CANCER RESOLUTION NO.: 378.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Zonta Club of Glens Falls has requested permission to conduct Zonta's Walk for Breast Cancer as follows: SPONSOR Zonta Club of Glens Falls EVENT: Zonta's Walk for Breast Cancer DATE Saturday, October 17th, 1998, 10:00 a.m. PLACE: Beginning at the Bandstand in Crandall Park, West on Maple Street to Bay Street, Right on Bay Street to Washington Street, Left on Washington Street, cross Glen Street to Sherman Avenue and out to Veterans Drive, Left on Veterans Drive, cross Luzerne and Corinth Roads to Richardson Street, down to the Feeder Canal, walk along Feeder Canal Trail all the way to Murray Street (bridge), left across bridge on Murray Street to Broad Street, right on Broad Street into the City and back to the Bandstand. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from Zonta Club International to hold the Zonta Walk for Breast Cancer in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 5th day of October, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:None PLANNED DISCUSSIONS OLD BUSINESS COLE'S WOODS SUPERVISOR CHAMPAGNE-Spoke to the board regarding Cole's Woods noting they are ready to proceed with the City. TOWN COUNSEL, SCHACHNER-There is a draft settlement agreement that I would assume the Town Board has reviewed if you have any comments it would be related to me in executive session as it is settlement of a litigation matter. Hopeful to send a final settlement agreement over to the City as soon as the meeting is concluded assuming he gets input or feedback from the board tonight. EMS NEGOTIATIONS SUPERVISOR CHAMPAGNE-Spoke to the board regarding EMS negotiations noting the contract expires the end of December. Would like to expedite this and in doing so asked the board how they would like to pursue this. CONTROLLER,HESS-In the process of compiling the budget requests of two of the squads, one of the squads hasn't sent anything yet. Compiling the requests which are fairly straight forward. What is less straight forward is their vehicle replacement plan over the number of years because that's a cash flow consideration for the budget and their debt service. By the end of the week will have two of the squads ready to give you information on. Thinks the board needs to deal with each company individually because their needs are individual. Would like a couple of more weeks, this week to compile information and then a week to get questions answered. SUPERVISOR CHAMPAGNE-Looking to schedule the week of October 27th. Have afternoon budget meetings scheduled would bring them in during the evening board in agreement. STORMW ATER MANAGEMENT PLAN EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding the Stormwater Management Plan. Noted he gave board a memo regarding several milestone that have been established regarding stormwater management regulations within the Town of Queensbury specifically within the Lake George Basin. Park Commission has adopted Stormwater Regulations and it requires several things of the Town. Procedurally the board has to decide by December 16th of this year whether we are going to adopt our own Stormwater Regulations or whether we're going to share implementation with the Park Commission. We have until June 18th, 1999 for adoption of stormwater regulations that are consistent with the Park Commission requirements memo briefly outlines what required. The two major things required are a Stormwater Management Plan and that is to identify what are some land use issues, what are some of the stormwater problems the town faces. What are some proposed land use controls that you could use to address those problem. Queensbury started in 1995 to draft the Stormwater Management Plan and that had been completed and put in front of the board last year (gave board copy of the plan and a response and summary, reviewed memo with board). The Stormwater Management Plan if you review this and chose to adopt it as the Stormwater Management Plan for the Town of Queensbury you can pass it on to the Park Commission and the Park Commission will then have to review it approve it to satisfy that aspect of the Park Commission requirements. The second major thing that's required of the Town of Queensbury is development of a Stormwater Control Ordinance. Have been working on developing a permitting process that will make things as simple as possible for people coming in once the Ordinance is implemented. The Town still has the opportunity to developed its own ordinance and revise any manual that we developed to assist in the implementation of that ordinance. Asked board members to review the Park Commission notification letter. NEW BUSINESS TENTATIVE 1999 SUPERVISORS BUDGET - SCHEDULE MEETINGS WITH DEPARTMENT HEADS CONTROLLER, HESS-Explained the budget process to Town Board Members. Last week of October will include the changes will take the next seven days to put together the final budget. SUPERVISOR CHAMPAGNE-Asked board members if they wanted to sit down with Mr. Hess to review budget process, board in agreement. Board to meet on October 13th at 2:00 p.m. CONTROLLER, HESS-Asked the board to consider between now and the time they meet on the thirteen is to look at the purchasing procedures of the Town. About a month ago changed the procedure for requesting purchase orders because we sensed that they needed to do that for prudent management spending. Think it is going cause us to sit down and talk about some changes in purchasing procedure in terms of your written document that you adopt every January, will be making recommendations to that. Also need to consider centralizing the purchasing function to a larger degree that it is now. Noted there is a purchase order numbering system really don't have a purchasing system except for bidding Darleen Dougher handles that and handles that very well, but it is a very limited role. Had a very favorable Controller's Audit that started in 1995 and concluded last year just answered it this year. Noted most of the comments made did relate to past practice in purchasing we made a commitment at that time to look at it in this year's budget process and to also look at our fleet management which we were criticized for in this year's budgeting process. COUNCILMAN IRISH-Noted he would like to talk about the position of purchasing agent along with the fleet administrator. This particular goal was on the goals and objective list before we took office to investigate and look at hiring a purchasing agent noted there is a big benefit to this. NEWSLETTER SUPERVISOR CHAMPAGNE-Spoke to board regarding newsletter asked board members to take a look at it if there is any corrections, improvements, additions, deletions, contact Supervisors Office. SUPERVISOR CHAMPAGNE-Spoke to board regarding resignation from Howard Shames, QEDC effective immediately. Noted the Vice President, Cullen O'Brien will be taking over this responsibility. TOWN BOARD WORKSHOP COUNCILMAN IRISH-Asked the board if they would like to discuss issue of purchasing agent. SUPERVISOR CHAMPAGNE-Noted he favors the position it is a matter of cost. Thinks it is a question of defining the role need to sit down and put this together. In terms of recognizing the savings that this position could make happen in the town believes it is needed and believes this person could save their salary plus. COUNCILMAN MERRILL-Noted he has had similar discussions with Henry and fully supports it noting it is a matter of when is the appropriate time to move on it. COUNCILMAN IRISH-Noted his view is if they do this with the position just take care of us. CONTROLLER, HESS-Need to make a budget appropriation for this have to decide what level of expertise. Need to fit it in on the organizational chart so that there is a line of authority and a line of responsibility have to come up with a job description to see how it is actually going to fit. These are the three things that you need to get done if you are going to get this thing going in early January, recommended getting this started early in the year. COUNCILMAN IRISH-Questioned if this did something before year end is there money available to fund the position? CONTROLLER, HESS-There is unencumbered appropriations in the budget if you wanted to start it a little sooner. COUNCILMAN IRISH-Noted he would like to sit in on this process. COUNCILMAN TUCKER-Noted he would like to sit in on this process. SUPERVISOR CHAMPAGNE-Recommended the whole board. CONTROLLER, HESS-Noted this is a centralization of something that has been decentralized it will take the strength of the board to make it work. COUNCILMAN IRISH-Spoke to the board regarding the judges ruling on the resolutions that were passed regarding Indian Ridge. Would like to notice the public and the applicant and bring those resolutions back to the floor. TOWN COUNSEL, MR. SCHACHNER-Then possibly go through the SEQRA review again you realize. SUPERVISOR CHAMPAGNE-Questioned if it would be a full SEQRA review? TOWN COUNSEL, SCHACHNER-Noted it depends how the board approaches that. Initially there would be some sort of environmental assessment form then it would be up to the board with recommendations from staff and counsel to decide if you needed to see an environmental impact statement or not. It is a little unusual from understanding Doug's point that I think I am the proposal would be to nullify the resolutions of approval thereby in essence decreasing the potential environmental impacts not increasing noted he is mentioning this because it is an issue that they would have to look at. COUNCILMAN IRISH-Questioned if they would have to have the public hearing first? TOWN COUNSEL, SCHACHNER-Correct. COUNCILMAN IRISH-Have staff prepare an EAF at that time or before that? TOWN COUNSEL, SCHACHNER-It is up to you it depends if you want to make the decision on the same night or some other night. COUNCILMAN IRISH-Like to do it the same night. SUPERVISOR CHAMPAGNE-Noted he originally voted for it and obviously would opposed it. COUNCILMAN TUCKER-Questioned where is the law suit? TOWN COUNSEL, SCHACHNER-The appeal was argued at the Appellate Division on Friday, September 4th. Typically, although there is not rule about this typically decisions are handed down between four and eight weeks later probably within this month would be the likelihood of getting a decision. COUNCILMAN IRISH-Questioned if the applicant won the appeal what legal jeopardy would it put the town in if we then went back and rescinded those resolutions? TOWN COUNSEL, SCHACHNER-Noted in his opinion it would be a easier time to do this. Once the appeal is decided if it was decided the way you just asked then they would have something to nullify. COUNCILMAN IRISH-Noted to wait until the decision is made. ATTORNEY MATTERS Executive Session to be held. OPEN FORUM PAUL ABESS, QUEENSBURY-Requested on behalf of the Queensbury Citizens the board's assistance that there is a chance that neither the Appellate Division nor the Court of Appeals will hear the Fuller Road case based on the merits on the board's action closing it. Asking for the board's help noting their preference would be to have the Town Board rescind the resolution discontinuing Fuller Road so that all of the Queensbury residents could enjoy the use of Fuller Road. Request that the Town Board submit a document to the Appellate Division of the Supreme Court stating the following. Whereas, the Appellate Division of the Supreme Court has found the challenge to the Queensbury Town Board action to be barred by the four month Statue of Limitations. Whereas, this Town Board seeks the decision based on the merits of the case not the Statue of Limitations. The Queensbury Town Board supports the Appellate's request for permission to reargue and supports without objection your granting of permission for an appeal to the Court of Appeals. SUPERVISOR CHAMPAGNE-Noted they did agree that it was going to be judged upon its merits, noting he thought they were very positive in their action in taking this position do not know how much more they can do. MR. ABESS-Asked the board to give justice a chance noting there are a number of people in the room that feel this way and the public that thinks the same way. SUPERVISOR CHAMPAGNE-Noted they have done all they can do by backing away. ROGER BOOR, QUEENSBURY-Spoke to the board regarding Fuller Road, noting the board is suppose to be doing what is best for the public. LORRIE MATUSZAK-Asked status of Big Boom Road, if Town Counsel looked into bidding project out? SUPERVISOR CHAMPAGNE-Noted he has received a memo from Town Counsel addressing the issue noting he has asked for attorney/client privilege in order to review this before we go into public session with it. COUNCILMAN TUCKER-Noted he firmly believes up to this point it has been all public. SUPERVISOR CHAMPAGNE-Noted there is a considerable amount of gray area in here that needs to be defined. TOWN COUNSEL, SCHACHNER-Noted there is some complexity to the issue. COUNCILMAN TUCKER-Presented to board members the Highway Law governing paving. Previously asked the question about the Town Board having the say on which roads were paved noting Supervisor Champagne made a statement the law is no longer like this. SUPERVISOR CHAMPAGNE-Didn't make that statement. Noted the statement he made was that no longer does the County Superintendent of Public Works have to sign off. COUNCILMAN TUCKER-Noted the Highway Law tells you what should happen. TOWN COUNSEL, SCHACHNER-The only thing they need to understand is that the law is the first page, Section 284. What's behind it is not the law it is a sample of an agreement. SUPERVISOR CHAMPAGNE-Noted there are two kinds of agreement. One agreement says, I'll shall pave road one, two, three, four, five. The other agreement says, I'll shall pave ten miles of road in the Town of Queensbury and that's basically been the one that this Town Board has been signing for years and years. The reason being in January when this is due it is pretty difficult to identify the condition of that road after the Spring thaw. Our Highway Superintendent will go out and check roads along with his foreman sometime after thaw is over with and roads are in need of repair and then prioritize the roads that are going to be paved noting this is his understanding how the process works by law it does not require that specific roads be identified. COUNCILMAN IRISH-Thinks that's where the problem stems from is that nobody has ever specified what roads to be paved before the money was handed out. This Town Board should be concerned about the money that's being spent or not being spent by the entire Town. When the Highway Superintendent does his budget there is nothing that precludes him from coming in here in October and saying these are the roads that need to be done next year, this is the money I need to do them, and this is the way we want to do it. The Town Board can sit down according to the law and stipulate the priority of the roads the length of the roads and sign an agreement. Thinks before any contract is signed with the Highway Superintendent this year this is the way it should be done. MRS. MATUSZAK-Questioned if this is going to be settled and the road paved this year, this season? COUNCILMAN IRISH-The other part of the law does provide for us to bid it, but then it is a special district and the surrounding neighbors have to pay the bill. COUNCILMAN TUCKER-The park was, we let it out for public contract that road belongs to everybody. TOWN COUNSEL, SCHACHNER-Noted Councilman's Irish statement is absolutely correct he has stated the law of the State of New York. SUPERVISOR CHAMPAGNE-Noted he would like to see the road paved. If they were to bid it out to put the specs together at this date and get the bids out by the time the plant is closed believes it is to late too move forward even on a private bid if they could privately bid it. Doesn't believe they could do that because that money was not originally set aside as a capital fund. COUNCILMAN IRISH-Thought they had set aside ten thousand. CONTROLLER, HESS-It was designated to put money aside for work to be done in that Ward, but it wasn't originally budgeted it was a capital project established after the budget was done. COUCILMAN IRISH-Noted we would like to dedicate the park and open the park. You have people driving down a brand new stretch of road for five or six miles then running across a dirt road and then on to some more pavement in the park doesn't understand how this could happen. MRS. MATUSZAK-Noted she does pay taxes and this should pave her road. Received letter after last meeting from Cindy & John Lussier who are building a house on the dirt road section of Big Boom Road noting she would like the road paved also (read letter into record, letter dated 9/7/98 on file in Town Clerk's Office). Noted the Langdon's who live on Big Boom Road their house sits just before the pavement ends their property line also runs onto the dirt road noting there are a lot of people who live on Big Boom Road. Presented a petition to Town Board members requesting that the dirt road section of Big Boom Road be paved during the 1998 season (petition on file in Town Clerk's Office). COUNCILMAN MERRILL-Spoke with Mr. Naylor within the past week asking him to pave the road he said no not this year. MRS. MATUSZAK-Presented to board members a letter dated October 5, 1998 from Lorrie & Kevin Matuszak residents of Big Boom Road, requesting PCB testing done on the dirt section of Big Boom Road due to many years oil and PCB's were mixed and applied to dirt roads to cut down on dust within the Town of Queensbury (on file in Town Clerk's Office). Has spoke with the Attorney General Office of the State of New York explaining the problem. Explained that she felt she has been discriminated against because of who she was, told them she thought it was an environmental danger due to the PCB's that were probably setting on that road. They have sent her a formal complaint form and will be filing a suit with them tomorrow morning, they believe she has a case, also has notified the EP A about the PCB's on that road. COUNCILMAN MERRILL-Even if they were to bid this out it would still have to be done under the direction of the Highway Superintendent? TOWN COUNSEL, SCHACHNER-It is appropriate for him to do that he is also ultimately responsible for maintenance of the rest of it grading, plowing. TIM BREWER, CANDLEBERRY DRIVE-Noted he does not object to having the road paved if it is done the right way. Objection to Councilman Tucker's involvement in matter, questioned if this was an ethic situation? Questioned why the road has to be paved this year? COUNCILMAN TUCKER-Spoke regarding the safety issue of the bus using the road. MR. BREWER-Questioned if the park was done on the Hudson River? COUNCILMAN TUCKER-Noted it is done they be having an open house. MR. BREWER-Questioned the legality of the petition submitted by Mrs. Matuszak. BARBARA BENNETT, QUEENSBURY-Spoke to the board regarding the completion of Aviation Road bridge. SUPERVISOR CHAMPAGNE-They will meet the deadline. MRS. BENNETT-Asked if copies will be available of the budget at the board meetings? CONTROLLER, MR. HESS-The finalized budget for the public hearing will available that night and probably be available a few days before. Noted there is a Supervisor's Tentative Budget filed with the Town Clerk at the present time. MRS. BENNETT-Would like to see the budget available one meeting before the meeting you vote on them. SUPERVISOR CHAMPAGNE-The timing of how these get put together does not allow that to happen. Noted anytime Mrs. Bennett would like to come in the budget is in the Supervisor's Office, it's in the Town Clerk's Office can be looked at there. KEVIN MATUSZAK, QUEENSBURY-Asked the Town Board to get an answer for him as to why Mr. Naylor cannot pave the end section of Big Boom Road. COUNCILMAN MERRILL-They have no authority by law. The anger should be directed to Mr. Naylor not the Town Board. Independent to the number of residences there it is a main entrance to a park... ... MR. MATUSZAK-Questioned why Coby Road which has no residents is paved, gets plowed? COUNCILMAN MERRILL-This is the Highway Superintendent..... COUNCILMAN TUCKER-Questioned why the three new members on the board didn't get an opportunity to talk to Mr. Naylor in January regarding the paving? SUPERVISOR CHAMPAGNE-Noted he never got the opportunity either. He published an agreement that we saw sometime maybe in February saying he plans to pave X number of miles of road in the Town of Queensbury. COUNCILMAN TUCKER-The law says it should be the other way. SUPERVISOR CHAMPAGNE-It can be either way. COUNCILMAN TUCKER-Questioned who sets the law? Who enforces it Paul Naylor or the Town Board? COUNCILMAN IRISH-Noted before they pass the budget that should be filled out for next year. SUPERVISOR CHAMP AGNE- There are two approaches to completing the agreement. One is that you fill it out very specifically you identify the roads and the Highway Superintendent and the Town Board that's what we're going to pave come 1999. The other alternative is to generically fill it out and say, I plan to pave ten miles of road in the Town of Queensbury. COUNCILMAN TUCKER-Noted they didn't get a chance to agree to it. SUPERVISOR CHAMPAGNE-We all signed it. COUNCILMAN TUCKER-Noted he questioned this at that time. MR. SAL V ADOR-Re: Dunham's Bay Road. Noted the Town has an engineer to do the engineer work assured him there was no reason to start the engineering work until September. Asked if there is a plan to pave the road this fall? COUNCILMAN MERRILL-Mr. Nace is addressing the engineering part of it and then it is up to Mr. Naylor to decide if he wants to pave the road. MR. SAL V ADOR-Re: Park Commission Stormwater Plan regarding one point five gallons per square foot of water noting he doesn't know how this fits into the Park Commission they have talked about storm intensity noting these are things they have to come to grips with. COUNCILMAN MERRILL-Recommended him reviewing this with Michael White. Noted these are not in effect at this point in time, they have until December 16th to reply. MR. SAL V ADOR-Re: An Article 78 pending against the Town of Queensbury Zoning Board of Appeals involving his cabin on the lake and the shoreline setback asking the town to ask the court to remand this back to Supreme Court so they can get a trial of the facts. STERLING AKINS, CORINTH ROAD-Asked if they received any money from the State on the Hudson River Park? SUPERVISOR CHAMPAGNE-Yes. STERLING AKINS-The park had to be handicap accessible. SUPERVISOR CHAMPAGNE-Recommended he speak to Harry Hansen. DENNIS BROWER, QUEENSBURY-Spoke to the board regarding Big Boom Road noting that Councilman's Irish suggestion of getting a list of roads no matter who is the Highway Superintendent in the future will help alleviate this problem noting that the board is in charge of the public health and safety. Spoke to the board regarding Fuller Road. Believes Mr. Abess request is a reasonable one that the Town ask that the case be decided on its merits when they issue the appeal asked the board to reconsider their decision. JEREMY HAMMOND, QUEENSBURY-Stressed the need for board members to encourage technology based businesses to locate in Queensbury. He is volunteering to be on the committee for Moreau State Park. MR. SALVADOR-Spoke to the board regarding Mrs. Stewarts's comments regarding the Park Commission permits not being valid unless you have all other permits that you need asked the board not to forget this statement. Spoke to the board regarding Lake George Park Commission passing a resolution at their last meeting which is a demand that we apply for their Class A marina permit. MRS. MATUSZAK-Questioned when she would be receiving an answer regarding the PCB's on her road? COUNCILMAN MERRILL-Noted it is a matter that should be handled by DEC since they are dealing with PCB's, noting it is an expenditure of a considerable amount on money. Thinks it was probably back in the sixties since roads have been oiled. Questioned if Big Boom Road was ever oiled back in the fifties? MRS. MATUSZAK-Yes. SUPERVISOR CHAMPAGNE-Noted they will do the best they can after the board meets makes a determination with counsel as to how they want to proceed with this. Questioned if Mrs. Matuszak's request was that the board hire some firm to come in and do testing on Big Boom Road? MRS. MATUSZAK-Yes. SUPERVISOR CHAMPAGNE-Let the board take a look at this and they will get back to her as soon as they get a response noting there are a lot of steps to be taken before her request can be satisfied. COUNCILMAN MERRILL-Noted he has quotes from a certified test laboratory. COUNCILMAN TUCKER-Noted in 1992 there was a major construction job done on Peggy Ann Road to straighten out a curve noting they did a PCB test on the road and they found them and it only took a week and half to two weeks to get done. BERNARD RAHILL, WINCREST DRIVE, QUEENSBURY-Speaking for Ward Two, District Four residents noting they are concerned about future construction opposite the Independent Living Center on Glenwood Avenue. Asked what kind of construction is taking place? EXECUTIVE DIRECTOR, MR. ROUND-It is an eighty four unit adult care facility that is being constructed by Wagman's a developer out of Rochester. MR. RAHILL-Questioned what was the nature of the populous involved? EXECUTIVE DIRECTOR, MR. ROUND-Noted there is a provision for Alzheimer's patients. SUPERVISOR CHAMP AGNE- The rest is going to be an adult nursing home. MR. RAHILL-Residents concerned with the amount of traffic in the area and the possibility of someone with Alzheimer's disease or some other problem getting hit by a car out along that area. Hopes the board makes some provision to take care of the future of the residents of the community and also the residents that are there. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION 379.98 INTRODUCED BY: Mr. Douglas Irish 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 moves into Executive Session to discuss Cole's Woods, Controller, Town Highway Law. Duly adopted this 5th day of October, 1998, by the following vote: Ayes: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 380. 98 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted the 5th day of October, 1998, by the following vote: Ayes: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 381. 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. Duly adopted this 5th day of October, 1998, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne Noes: None Absent:None No further action taken. On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury