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1999-06-07 REGULAR TOWN BOARD MEETING JUNE 7,1999 7:01 p.m. MTG. #17 RES. 188-202 B.O.H. 27-29 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRELL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER TOWN OFFICIALS HIGHWAY SUPERINTENDENT PAUL H. NAYLOR DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND CONTROLLER HENRY HESS SUPERVISOR CHAMPAGNE-Opened the meeting. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN PLINEY TUCKER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 188.99 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 moves into the Queensbury Board of Health. Duly adopted this 7th day of June, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None 1.0 QUEENSBURY BOARD OF HEALTH PUBLIC HEARINGS 1.1 SEWER VARIANCE DICK AND HELEN CUTTING SUPERVISOR CHAMPAGNE-Opened the Hearing (Notice shown) Anyone here representing the Cuttings that care to address this issue for or against? Yes, Betty. MRS. BETTY MONAHAN-Just from memory and without doing any research this will be the third variance in that area. SO, I think it would be prudent for the Board to require as part of this variance that one point six gallon toilets went into both the residences that are impacted by this variance. As you all know that is a very dense resettled area over there. I frankly am on a seventy five gallon per minute well I am not looking forward to seeing that area have more sewage in the ground than it can handle and I have had one point six gallon toilets for about six years. When I remodeled I find they work very well despite what people say. I do not think the showers are that effective because I think you stay under a little longer trying to get, but I would suggest that as a condition so we are putting less in the ground there that you go for the one point six gallon toilets on the buildings effected. I think gradually maybe we will start to have some impression over there. SUPERVISOR CHAMPAGNE-Anyone else? COUNCILMAN MERRILL-I went over and inspected the site with Mr. Hatin and there is a failed system there and what is not shown on the map is the location of the failed system. The proposed new system is about, fifteen I would say at least fifteen feet further from the wells than the old system. So, this an improvement and what is not shown on the map is the location of the trees and also the slope so the proposed location I think given the terrain and the trees is the best site for it and as I say we do gain about fifteen feet from the neighboring wells and I would certainly support Mrs. Monahans suggestion of water saving devices particularly the one point six gallon toilet as a condition. SUPERVISOR CHAMPAGNE-Ok. Anyone else? COUNCILMAN TURNER-Betty, you have lived there a long time, how many toilets are in that building? MRS. BETTY MONAHAN-I do not have the faintest idea but I know how densely, I mean none of that area could have ever passed the Department of Health standards today with the number of residences and year round residences now that never used to be year round, so there is a big impact you know. . . COUNCILMAN MERRILL-The map that we have does not show all of the individual cottages or structures there. COUNCILMAN IRISH-Dick, would they be able to meet the code requirements if they were to place a tank where these trees are that they are worried about? Would that meet the requirements if the trees were removed? COUNCILMAN MERRILL-Then you are encroaching upon some of the other cottages. COUNCILMAN IRISH-So, you would still need a variance for that? COUNCILMAN MERRILL-Yes. COUNCILMAN IRISH-Ok. SUPERVISOR CHAMPAGNE-He owns most of the other cottages as I understand it. COUNCILMAN IRISH-They are on his property, Dick? COUNCILMAN MERRILL-Yes. It is all one property. Dave did prepare a cover letter here supporting it. COUNICLMAN IRISH-Are the cottages fed by a single well or do they each have a separate well? COUNICLMAN MERRILL-That I do not know. SUPERVISOR CHAMPAGNE-I know that they do not each have a separate well, but I do not know how many different wells feed a number of cottages. There has got to be a dozen cottages in there all together, at least minimum. I would guess that maybe three or four wells that would feed more than one, they are all done in units for the most part. In other to put the water saver condition in there that would have to be a part of the resolution, is that correct? COUNCILMAN TURNER-Yes. SUPERVISOR CHAMPAGNE-Should we do that without Mr. Cuttings knowledge or do you want to hold it inform him of what our intent is or do you want an arbitrary. COUNCILMAN TURNER-I do not think you should do it on him unless he is here, let him at least come here and address the board. SUPERVISOR CHAMPAGNE-I guess that would be my, and again I think in our layout here I would like to see the number of units that this is serving and each one of the wells, ok in terms of close proximity to that. All right, I am going to leave, John, I am sorry MRS. BETTY MONAHAN-Fred may I just add something to this, it is my understanding that Mr. Cutting has just returned from the hospital I think within the last week or ten days from a fairly serious operation am would assume that is why nobody is here tonight. MR. JOHN SALVADOR-My name is John Salvador. Mr. Merrill, you mentioned a letter of support from Dave Hatin, could you read the content of that letter? COUNCILMAN MERRILL-Yes. It was to the Board Members, Mr. Cutting is proposing to replace a failed seepage pit located on his property at the intersection of Barton and Sunnyside North. Given the constraints of the property this is the only location where the seepage pit could be placed without damaging large trees located on the property. Both neighbors have signed release forms exempting the board from any liability and therefore I see no reason the board could not approve this variance. MR. JOHN SALVADOR-Is there a septic tank? COUNCILMAN MERRILL-It is a seepage pit. Yes there is an existing septic tank and this is the seepage pit that serves that tank obviously. MR. JOHN SALVADOR-The one point six gallon flush toilet that was mentioned is well taken, but toilets are not necessarily the largest generator of wastewater. I would think that things like showers there are many many types of water saving devices and if water saying is essential, water, you know reduction of wastewater flow is essential then all flows should be limited. COUNICLMAN MERRILL-I think supporting that position is the fact that the existing system failed. MR. JOHN SALVADOR - Well the other thing you are going to have to wrestle with is how do you enforce this, control it. Somehow or other this dwelling if this is the case, if it is going to have be encumbered and the conditions have to be enforced. SUPERVISOR CHAMPAGNE-I think that is what we are, lets hold the meeting, hold the public meeting open we will ask someone to be here at the next to represent Mr. Cutting with the intention here to add some water saving devices possibly beyond just the toilet, one point six. 1.2 SEWER VARIANCE FRANCIS KOENIG PUBLIC HEARING NOTICE SHOWN SUPERVISOR CHAMPAGNE-Opened the hearing. Someone is here representing Mr. Koenig? Yes. Sir. COUNCIMLAN MERRILL-I am sorry I did not get your name? MR. FRANCIS KOENIG-Francis Koenig, COUNCIMLAN MERRILL-Thank you. MR. FRANCIS KOENIG-I guess the Board has before it the request to put in the holding tank and also to put in a well. I am glad to answer any questions which you may have. COUNCILMAN MERRILL-Mr. Koenig, what is the age and condition of your existing system? MR. KOENIG-There isn't a system. COUNCILMAN MERRILL-There isn't a system. MR. KOENIG-It is a hole. COUNCILMAN MERRILL-So, there is a high risk of lake pollution which is good reason. Again I am quite familiar with the area Mr. Koenig and it is delightful camp I do not know how old it is but it has a lot of character. MR. KOENIG-It is probably about thirty five, forty years old. COUNCILMAN MERRILL-But very difficult terrain obviously with the bed rock and I share your concern about pollution of the lake from the quote existing system. I have spent time with Mr. Hatin going through this and I believe the design you have come up with was probably the only design that would fit that topology. MR. KOENIG-The Board previous Board back in 1997 approved the holding tank but we ran into some problems getting the people in there to do stuff and I got sick last year and did not get at it and that is why I did not realize it was a year I guess you had to do it within the first year or something so that is why I am back again. COUNCIMAN MERRILL-As you know we are, we do have the constrains set upon us by the New York State Public Health law and that states that the local health department may not adopt standards less stringent than the state standard. The State standards we have had interpreted and it states that holding tanks are not acceptable for long term use on year round residences and our interpretation has been that it is allowed for seasonal residences so I think this would fit in your case. I do think to comply with the DOH requirements we do need to add the condition that the existing structure shall be maintained as a seasonal residence or cabin. If that is MR. KOENIG-I have no problem. COUNCILMAN MERRILL-Mark is that can that be put into the resolution? MR. KOENIG-My body cannot take the cold weather in the winter. COUNCILMAN MERRILL-I know there has been a lot of time and effort put into designing this and I think you have gotten to about the best point you will ever get to. MR. KOENIG-The other part is putting the well in too on two feet off the property line because my neighbor has one on his property line the other way. I want to stay as far away as I could from him SUPERVISOR CHAMPAGNE-From his septic. MR. KOENIG-From his well SUPERVISOR CHAMPAGNE-Where is his septic? MR. KOENIG-His septic is the other side of his house and the land to the north of me is vacant and to the east of me is vacant. COUNCILMAN MERRILL-Probably a deep well? MR. KOENIG-Gavins has got three hundred and fifty feet so I think I will be going the same distance or more not that I want to from what I hear what it costs. COUNCILMAN MERRILL-Through rock. SUPERVISOR CHAMPAGNE-So, actually your holding tank from your well from his ..leach field are MR. KOENIG-I would assume, I do not really know to be truthful with you but it is all on the other side of his house. SUPERVISOR CHAMPAGNE-The lots are only like eighty feet wide. MR. KOENIG-I do not know what Gavins is to be truthful with you. SUPERVISOR CHAMPAGNE-I guess the only concern that I have is the well and his neighbors septic system. MR. KOENIG-It is going to be over a hundred feet away or more. SUPERVISOR CHAMPAGNE-His lot according to this is about eighty one feet wide, oh, his is a hundred, I am sorry, you are right, his is a hundred ok and you are two feet so you are going to be one hundred feet. MR. KOENIG-Or more. Ok. Any other concerns, questions? COUNCILMAN MERRILL-We have not closed the public hearing, we do have one comment I think? SUPERVISOR CHAMPAGNE-John do you have a comment? MR. JOHN SALVADOR-Is the public hearing open? SUPERVISOR CHAMPAGNE-Yes. MR. JOHN SALVADOR-Yes, I do. SUPERVISOR CHAMPAGNE-Please. MR. JOHN SALVADOR-My name is John Salvador. The public health code refers to something called long terms use and our code refers to seasonal use. Our code defines seasonal use as something less than nine months, the public health code does not define its long term use. SUPERVISOR CHAMPAGNE-I guess that was one of the questions I raised to day in my conversation with Dick, I guess my interpretation would have to be we have got to follow the DOH's defination. COUNCILMAN MERRILL-What we have in our Zoning Code the definition of a seasonal building is a structure designed to be used on a seasonal basis by virtue of its construction or design. Of course that would relate to whether it has been insulated and winterized. So, it is be design not be actual use. MR. SALVADOR-The public health code is quite explicit and it says the use of holding tanks shall not be permitted for new home construction. And then it is, holding tanks are not acceptable for long term use, year round on year round residences. MR. KOENIG-This is not new home construction and it is not a year round residence. MR. SALVADOR-How do we know it cannot be used at some future date as a year round residence? COUNCILMAN MERRILL-That is why we requested that it be included as part of the resolution. MR. SALVADOR-So, it will be encumbered. COUNCILMAN MERRILL-Yes, as seasonal. MR. SALVADOR-And what will be the encumbrance, is there a specific time, season, month, year, whatever to ... COUNCLMAN MERRILL-We will let our Attorney come up with the proper words. TOWN COUNSEL SCHACHNER-I have a proposed condition but it is not going to address that I think the answer as I understand it and Mr. Merrill may want to add to this, is that our building and code, planning and zoning staff usually interpret the seasonal use in accordance with the definition that Mr. Merrill read so that it relates to the nature of the construction as opposed to when people are or are not there. One of the simple reasons that we recommend that is that otherwise you have a situation where our enforcement people have to monitor when people come and go on an on going basis which we do not think is feasible or practical. COUNCILMAN MERRILL-But I think the present structure is clearly seasonal. MR. KOENIG-There is just a fireplace in there to keep it ..it would be very cold in the winter, it is cold in September up there. MR. SALVADOR-But that can be modified, changed at some future date. It is not hard to adopt a dwelling to year round use. SUPERVISOR CHAMPAGNE-I think one of the things that we talked about earlier was the idea of having a, and I do not know whether you would be able to get this in the deed or not but unless it is a covenant in the deed or a deed encumbered it is pretty hard to carry out you know some kind of a tracking system that ultimately keeps a sale, if you were to sell it why not the new buyer coming in and winterizing it. How do you regulate that other than a deed? COUNCILMAN TURNER-Restrict the variance to be a non-transferable. Can not transfer the variance if he sells it. COUNCILMAN IRISH-What are you going to do if he sells it, make COUNCILMAN TURNER-He has to come in for another one then you know who is there? COUNCILMAN IRISH-What if he sells it, you going to make the next buyer come in and take the holding tank out or? COUNCILMAN TURNER-No, no, but at least you have got a handle on it. COUNCILMAN IRISH-I do not see how that gives you a handle once the tank is in the ground. COUNCILAN TURNER-But the variance is gone. COUNCILMAN IRISH-I know if he sells the residence, he sells the camp and the next guy comes in and decides he is going to insulate it or something and doesn't come to the town you are not going to know that. COUNCILMAN TURNER-Yea, you will. If he does any alterations he has to get a permit. COUNILMAN TUCKER-Mr. Chairman SUPERVISOR CHAMPAGNE-I am sorry. COUNCILMAN TUCKER-Are we not sitting here tonight talking about a holding tank under the present circumstances I mean all this wishful thinking I mean the camp could disappear and the holding tank never get used if, we are talking about the present conditions right now. This gentlemen owns the camp he says it is only going to be used seasonable and I do not think I can sit here and tell him he is telling me a story. SUPERVISOR CHAMPAGNE-I do not think a hundred years from now what we decide here tonight in theory should be in place a hundred years from now. I guess I am looking for a mechanism if you will that would track that and make sure that, that camp never becomes other than seasonal and in order to do that you have almost got to indenture the deed. TOWN COUNSEL SCHACHNER-That is certainly one approach. SUPERVISOR CHAMPAGNE-Tell me other approaches I am not sure there are other approaches where you have got a grip on how you are going to monitor it. TOWN COUNSEL SCHACHNER-Well, the condition of the variance can be that the structure will not be converted from seasonal to year round use. You are allowed to expressly condition the variance on that. That may raise an issue on how would we find out if that were to occur and if you are not comfortable with that we can go to another level. COUNCILMAN TUCKER-But if he decides to make this other than a seasonable residence he has got to come and get a building permit hasn't he? EXECUTIVE DIRECTOR ROUND-You are required to get a building permit for interior alterations that require modification to plumbing or electrical it is feasible that somebody could insulate a facility without a building permit. A permit is not required for insulation. COUNCILMAN TUCKER-I am sure Mr. Round that happens all the time. And I can quote you a few cases I am sure. MR. SALVADOR-This board did encumber a project that we put forth in which we got a permit for a holding tank by prohibiting any cooking or bathing facilities. That was your insurance that our dwelling could not be used year round and could not be a residence. Prohibiting any cooking or bathing facilities. COUNCILMAN TUCKER-You agreed to that didn't you John to get the? MR. SALVADOR-Absolutely. DIRECTOR ROUND-Those issues were to address a hunting and fishing lodge not a seasonal use. TOWN COUNSEL SCHACHNER-That wasn't to address whether it was year round or not this is very much apples and oranges. SUPERVISOR CHAMPAGNE-No, I understand it has no relationship to what we are getting at. COUNCILMAN MERRILL-No, I feel comfortable with the incumbents that our Attorney has been, has proposed. SUPERVISOR CHAMPAGNE-Ok. TOWN COUNSEL SCHACHNER-Which I have not proposed yet but, I will if you like. MR. SALVADOR-It will be a zoning matter then? It will be zoning, code enforcement matter, the seasonal use? COUNCILMAN MERRILL-Could you restate that Mark, what you? TOWN COUNSEL SCHACHNER-I do not believe I have stated it yet but one way of looking at this would be to state a condition of this approval the residences shall only be utilized as a season camp and not for year round occupancy. COUNCILMAN MERRILL-And I think that we .. and we do have to rely on the integrity of the people to obey the law. MR. SAL V ADOR-I do have a couple of other questions, you know I get nervous when drawings have roads on thern. This holding tank is going to have to be services, pump out truck has got to arrive and be able to handle the waste. This, I think you access Hanneford Road? MR. KOENIG-Yes. I am the first camp after the backtop. MR. SALVADOR-The drawing that has been submitted it this drawing shows the property in question as not bordering Hanneford Road. That is there is a piece of land between the property and Hanneford Road. Now who holds title to that land and does the applicant have access to Hanneford Road over that property? MR. KOENIG-I have been using it for forty years, not only me but everybody else down in there. MR. SAL V ADOR-I would question why the Hanneford Road. MR. KOENIG-Well, that is not Hanneford Road, Hanneford Road stops right up in here somewheres that is an extension of Hanneford, it is not black topped. MR. SAL V ADOR- When I see Hanneford Road I would assume that is a Town Road. COUNCILMAN MERRILL-That says status unknown. SUPERVISOR CHAMPAGNE-Do you plow that Paul? Do you continue plowing in there? HIGHWAY SUPT. NAYLOR-No SUPERVISOR CHAMPAGNE-We do not plow that. MR. KOENIG-That is why I say we cannot even use it in the winter time you cannot get in there. MR. SAL V ADOR-I submit that this drawing is extremely confusing. It says Hanneford Road, there is only one Hanneford Road in this Town, status unknown, I do not know what they mean by the status of it, does it mean, I do not know, I just do not understand. On the other hand the applicant seems to enjoy access to the center of the Pilot Knob Road. MR. KOENIG-That is what the deed says, yea and so does my neighbor here I guess too. SUPERVISOR CHAMPAGNE-Pretty steep hill there. COUNCILMAN MERRILL-Check the elevation, it is quite a drop. SUPERVISOR CHAMPAGNE-Helicopter you might be able to access it. MR. SALVADOR-In any case with regard to the road, as to whether or not it goes in and whether or not the pump truck can get to the pump out truck can get to the tank and pump it out this, you know this is the conflicting information we have. Mr. Naylor's 1996 inventory of town roads shows Hanneford Road as a twenty foot wide road, the Town Clerk has a record of town roads in which Hanneford Road is listed as a fifteen foot wide road and this drawing prepared by VanDusen and Steves the surveyor of choice for the town shows an eight point one three foot wide road. Now, if we are going to get a pump truck up there I think we have to know the condition of the road and there is no turn around. How does this vehicle turn around? Or does it have to back out onto Route 9L the way that a lot of other services vehicles do at this time. COUNCILMAN MERRILL-I guess I would ask the applicant for a response to that? MR. KOENIG-The trash man came today drove straight down status unknown road I guess you would call it back in where I park my car, pickup the trash pulls up and went down status unknown to the blacktop section of Hanneford down to 9L. COUNCILMAN MERRILL-John from a casual inspection I would see no problem in getting any pump truck down in there and also they have long hoses. MR. KOENIG-Also where the tank is going to go he could park right up on status unknown road and run the hose down over the bank and pump it up. SUPERVISOR CHAMPAGNE-Yes, I think that is not a problem, John to be very honest with you. Maybe to you but to the rest of us. MR. SALVADOR-Please appreciate the Board should appreciate that when this pump truck shows up it has a bit of an odor, and when it pulls that septage out of that tank there is a nice aroma in the air and it goes on for quite a few minutes while the tank is being pumped out. Now I do not know if the neighbors in this neighborhood know this is coming their way and how many more will come their way, but it is a concern, and it is going to impact on the property values in that nieghborhood. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? Hearing none, we will close, are we ready to close the public hearing? You got the addendum to the motion. . . TOWN CLERK DOUGHER-It is going to say, as a condition of this approval the residence shall only be utilized as a seasonal camp and not for year round occupancy. SUPERVISOR CHAMPAGNE- Hearing closed. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCES FOR FRANCIS KOENIG RESOLUTION NO.: 27.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTIONd SECONDED BY: Mr. Theodore Turner WHEREAS, Francis Koenig previously filed an application for five (5) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance as follows: 1. (136-ll(B) of the Town Code requires an applicant to obtain a variance for all holding tanks and Mr. Koenig has requested a variance to allow a holding tank; 1. Mr. Koenig has requested a variance to locate the proposed holding tank thirty feet (30') from the well in lieu of the required fifty feet (50') setback; 1. Although Mr. Koenig proposes to install the holding tank below grade as required by (136-11(B)(18), a variance is requested as the grade will be less than the required fifty feet (50') distance from the radius of the holding tank due to rock ledges; 1. Mr. Koenig has requested a variance to locate the proposed holding tank ten feet (10') from a stream in lieu of the required fifty feet (50') setback; 1. Mr. Koenig has requested a variance to locate the well two feet (2') from the property line in lieu of the required fifteen feet (15') setback set forth in Appendix C of Chapter 136; and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on June 7th, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been dilly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Francis Koenig for five (5) variances from the Sewage Disposal Ordinance to allow 1. Mr. Koenig to have a holding tank; 1. Mr. Koenig to locate the holding tank thirty feet (30') from the well in lieu of the required fifty feet (50') setback; 1. Mr. Koenig to install the holding tank less than the required fifty feet (50') distance from the radius of the holding tank due to rock ledges; 1. Mr. Koenig to locate the holding tank ten feet (10') from a stream in lieu of the required fifty feet (50') setback; 1. Mr. Koenig to locate the well two feet (2') from the property line in lieu of the required fifteen feet (15') setback set forth in Appendix C of Chapter 136; on property situated on Hanneford Road, Queensbury and bearing Tax Map No.: 19-1-13. And BE IT FURTHER RESOLVED, that as a condition of this approval the residence shall only be utilized as a Seasonal Camp and not for year round occupancy. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARK RYAN RESOLUTION NO.: 28.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Mark Ryan has applied to the Local Board of Health for three (3) variances from Chapter 136 as follows: 1. (136-ll(B) of the Town Code requires an applicant to obtain a variance for all holding tanks and Mr. Ryan has requested a variance to allow a holding tank; 1. The applicant has requested a variance to locate the proposed holding tank below rather than above the one-hundred year flood level as required by (136-11(4); 1. The applicant has requested a variance to locate the proposed holding tank forty-one feet (41 ') from Lake George in lieu of the required fifty feet (50') setback; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 21st, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Mark Ryan's application for three (3) sewage disposal variances concerning his property situated on Rockhurst Road, Queensbury and bearing Tax Map No.: Section 16, Block 1, Lot 4 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. Ryan's property as required by law. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Before we move on this again we are into holding tanks and I would request some additional information be provided before the hearing, again our code clearly states any increase in floor area requires a compliant septic system. We went through the DOH requirements at the present time there are two holding tanks and I believe that the plan is to expand the residence from two to three bedrooms. I guess the question I have is this seasonal or year round. So, if we could get clarification on that, Mr. Round could you follow up on that? COUNCILMAN IRISH-Dick it really would not matter if it were seasonal or year round if it was new construction. COUNCILMAN MERRILL -Well if it is year round. COUNCILMAN IRISH-It is new construction. They are going from two to three bedroom, new construction is the key. COUNCILMAN MERRILL-Which means that we have to have an compliant system, and holding tanks are not considered compliant, not for new construction. COUNCILMAN TUCKER-Are we wasting our time setting a public hearing? COUNCILMAN IRISH-Is that not correct Mark? TOWN COUNSEL SCHACHNER-I do not have the Health Dept's stuff with me but I believe... COUNCILMAN MERRILL-shall not be permitted for new home construction except.. . holding tanks are not acceptable for long term use on year round residents, so it is a question if you were building a new seasonal camp would it be allowed. COUNCILMAN IRISH-I think the way they got that code written you could use a holding tank for new construction until it is completed and then you have to have a system. COUNCILMAN TURNER-Yea., that is right. COUNCILMAN MERRILL-Clearly I think we need legal interpretation on this. SUPERVISOR CHAMP AGNE-I am ok with setting the public hearing but very definitely we need some more information on that one. TOWN COUNSEL SCHACHNER-You are probably going to want Health Dept. interpretation, but we can get that, between now and ..COUNCILMAN MERRILL-I think if we get a State opinion on this, but the starting point is find out what the construction plans are. SUPERVISOR CHAMPAGNE-My understanding is we are going from a two bedroom to a three bedroom it does not necessarily mean fifty percent more you considered to be a new construction project. That is how I read it. COUNCILMAN MERRILL-Then the question I had is it seasonal or is it year round? SUPERVISOR CHAMPAGNE-And the other question is if they have two can then add one? So there is a lot of questions there. COUNCILMAN MERRILL-The other question that has come up is the flood plain recognizing the two existing tanks are below the one hundred year flood plain we are adding a third one and I guess I would like to hear what the State DOH opinion is on that. (vote taken) RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHEL AND MONIQUE JULIEN RESOLUTION NO.: 29.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Michel and Monique Julien have applied to the Local Board of Health for two (2) variances from Chapter 136 to allow an absorption field to be located: 1. twenty-six feet (26') from a side property line to a wetland in lieu of the required one-hundred feet (100') setback; 1. thirty-five feet (35') from a side property line to a wetland in lieu of the required one-hundred feet (100') setback: on property located on the east shoreline of Lake George, Cleverdale Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on June 21st, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michel and Monique Juliens' sewage disposal variance application concerning their property situated on the east shoreline of Lake George, Cleverdale Road, Queensbury and bearing Tax Map No.: Section 10, Block 1, Lot 4.3 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. and Mrs. Ju1iens' property as required by law. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-This is a very significant variance that is being requested thirty five, twenty six feet from a wetland in lieu of a hundred feet and as I understand it this wetland does lead directly into Lake George. In talking with Mr. Round this is an AP A approved lot preapproved and the Park Agency does not care to get involved with this so it is left up to us. It is a significant variance that is being asked for and again the question is this a proposed seasonal residence or year round structure? And also I would like the applicant to consider a mini wastewater treatment system in lieu of the septic tank. So, Chris if you could pass that on, I know in the initial request he did consider putting in a mini wastewater treatment plant and it apparently got dropped from this request. So, I would ask him to reconsider that. SUPERVISOR CHAMP AGNE-I agree with you Dick, this is pretty serious stuff, especially from the wetlands running directly into the lake twenty six feet compared to a hundred. (vote taken) RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 30.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Queensbury Board of Health Meeting and moves back into Regular Session. Duly adopted this 7th day of June, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None 2.0 PUBLIC HEARINGS 2.1 TRANSIENT MERCHANT/TRANSIENT MERCHNA T MARKET AMERICAN LEGEND MOTORCYCLE TRAILERS, INC. PUBLIC HEARING Hearing left open from previous meeting. SUPERVISOR CHAMPAGNE-Opened the Public hearing ... NOTICE SHOWN... Anyone here to speak, Yes, I thought I recognized you. MS.LISA SCHIER-My name is Lisa Schier, I am here on behalf of American Legend Motorcycle Trailers Inc. they have a transient merchant application before the town and I can answer any questions that you may have. COUNCILMAN TUCKER-Why was this held up Fred? COUNCILMAN TURNER-Planning Board approval. SUPERVISOR CHAMPAGNE-It had not been before the planning board previously. TOWN COUNSEL SCHACHNER-The Post Star failed to properly publish the notice. When they put it in was wrong. COUNCILMAN IRISH-Have we gotten a bond from? TOWN CLERK DOUGHER-If it is approved than TOWN COUNSEL SCHACHNER-Condition of approval. TOWN CLERK DOUGHER-We have it on one of them but not this one. MS. SCHIER-I believe that they will be bring that in when the come to pick up the permit. TOWN CLERK DOUGHER-The other one has it. SUPERVISOR CHAMPAGNE-Anyone here to speak against? For? Closed... COUNCILMAN TUCKER-This is in operation now? SUPERVISOR CHAMPAGNE-No, starting tomorrow? MS. SCHIER-Yes. RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR AMERICAN LEGEND MOTORCYCLE TRAILERS, INC. RESOLUTION NO.: 189.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, American Legend Motorcycle Trailers, Inc., has applied to the Queensbury Town Board for a Transient Merchant!Transient Merchant Market License to conduct a transient merchant market from June 6th through June 13th, 1999 from 9:00 a.m. to 6:00 p.rn., to display and market motorcycle cargo trailers in the parking lot located at the Adirondack Factory Outlet Center 1444 State Route 9, Queensbury, and WHEREAS, on May 12th, 1999, the Warren County Planning Board recommended approval of American Legend's application, and WHEREAS, on May 18th, 1999, the Town of Queensbury Planning Board reviewed the application and recommended approval, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and the Town Board conducted a public hearing in connection with the application on May 17th, 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in ~ 160-8 of the Queensbury Town Code, hereby grants a Transient Merchant! Transient Merchant Market License to American Legend Motorcycle Trailers, Inc., to display and market motorcycle cargo trailers in the parking lot located at the Adirondack Factory Outlet Center, 1444 State Route 9, Queensbury, subject to the following: 1. American Legend must pay all fees as required by Chapter 160 of the Queensbury Town Code; 1. American Legend must submit a bond in the amount of $10,000 as required by Chapter 160 of the Town Code; 1. American Legend must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 1. The License shall be valid only from June 6th through June 13th, 1999 from 9:00 a.rn. to 6:00 p.rn., and the license shall expire immediately thereafter; 1. The Transient Merchant License shall not be assignable; and 1. American Legend must comply with all of the regulations specified in ~160-8 of the Town Code. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None 2.2 TRANSIENT MERCHNAT/TRANSIENT MERCHANT MARKET DEXTER SHOES SUPERVISOR CHAMPAGNE-Public Hearing Opened... (left open from last meeting) Again the same situation arose as the result of the lack of publication. MR. TERRY ROBBINS-Terry Robbins Manager of Dexter Shoes and I am here on behalf of Lehman Trikes Inc. of Westlock, Alberta, Canada in regards to a transient merchant license. SUPERVISOR CHAMPANGE-Ok, the same situation as the previous applicant. Anyone in the public care to speak for or against this? Ok. From the Board? COUNCILMAN TUCKER-Do you have everything, Darleen? TOWN CLERK DOUGHER-Yes. COUNCILMAN IRISH-Just ask if Darleen can change the status of Mr. Robbins gender on the resolution so that is says Mr. Robbins vs Ms. Robbins. On the attached sheet. TOWN COUNSEL SCHACHNER-Items one, two, three, and six. TOWN CLERK DOUGHER-Got you. No problem. COUNCILMAN MERRILL-And this is the same as in previous years, isn't it? MR. ROBBINS-Yes, it is. COUNCLMAN MERRILL-It has worked out very well. MR. ROBBINS-It has worked out wonderfully, they are just a wonderful bunch of people. SUPERVISOR CHAMPAGNE-Closed..motion has been made. RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR TERRY ROBBINS ON BEHALF OF DEXTER SHOES RESOLUTION NO.: 190.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Terry Robbins, on behalf of Dexter Shoes, has applied to the Queensbury Town Board for a Transient Merchant!Transient Merchant Market License to conduct a transient merchant market from June 9th through June 12th, 1999 from 9:00 a.m. to 9:00 p.rn., to display 3-wheel conversions for motorcycles in the parking lot located at 1499 State Route 9, Queensbury, and WHEREAS, the Queensbury Planning Board approved this application at its April 20th, 1999 meeting, and WHEREAS, the Warren County Planning Board recommended approval of the application on April 8th, 1999, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and the Town Board conducted a public hearing in connection with the application on May 17th, 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in ~ 160-8 of the Queensbury Town Code, hereby grants a Transient Merchant! Transient Merchant Market License to Terry Robbins on behalf of Dexter Shoes to display 3-wheel conversions for motorcycles in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 1. Mr. Robbins must pay all fees as required by Chapter 160 of the Queensbury Town Code; 1. Mr. Robbins must submit a bond in the amount of $10,000 as required by Chapter 160 of the Town Code; 1. Mr. Robbins must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 1. The License shall be valid only from June 9th through June 12th, 1999 from 9:00 a.rn. to 9:00 p.rn., and the license shall expire immediately thereafter; 1. The Transient Merchant License shall not be assignable; and 1. Mr. Robbins must comply with all of the regulations specified in ~ 160-8 of the Town Code. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None 3.0 CORRESPONDENCE Ltr. Bay Ridge Volunteer Fire Company, Inc. May 17,1999 Paul Naylor Queensbury Highway Department 742 Bay Road Queensbury, N.Y. 12804 Dear Pau1; I would like to thank you for your assistance with the installation of the dry fire hydrant at the intersection of Tee Hill and Moon Hill Roads on May 13. The manpower and heavy equipment you supplied was very advantageous. Additionally, the cooperation between your crew, Dave Wick (W.e. Soil & Water Conservation District), and fire compnay personnel was excellent. This project will serve to improve firefighting efforts in the western part of our fire district. Thanks again. Sincerely, /s/ Charles T. Mellon Jr. Chief LTR. Dear Mr. Naylor Hello, my name is Laura Durkee from Kensington Road School. I am in fifth grade in Mr. Donohue's class. Have you ever notice how much sidewalks make it safer to walk or ride your bike? But unfortunately only some streets have sidewalks. My opinion is that all streets should have sidewalks. If all streets had sidewalks the streets would be a safer place for kids. I think that over in Hidden Hills we should have sidewalks. It would be fantastic because at least 70% of the people in Hidden Hills have kids. It would make the streets a safer place for the kids and the adults. If all streets had sidewalks than less people would get hurt. The strerets would be a safer place if they all had sidewalks. Also about 30% are younger children. If we had sidewalks it would make it safer for the younger children. If we had sidewalks it would make it safer for the younger children and for the older adu1ts. It is not only Hidden Hills, but lots of other streets need them too. But for right now it would be fantastic to have sidewalks on the streets of Hidden Hills. In the future I wish all streets had sidewalks. You can make the sidewalks in the spring or summer. But you would not want to put them in when there is snow on the ground. To raise the money, the whole neighborhood could have garage sales and the money made will be put toward the sidewalks. If everybody put a little money in, we would probably have enough money to put in sidewalks. I am pretty sure almost everybody will want to pitch in and help. I know all this seems like a lit but it would make a difference in our community. I would really appreciate it if you put in sidewalks. I am pretty sure almost everybody will want to pitch in and help. I know all this seems like a lot but it would make a difference in our community. I would really appreciate it if you put in sidewalks. I am positive that Hidden Hills will appreciate it too. If you put them in now you have a less chance of people getting hurt. So, what I am saying is to put them in now before someone gets hurt. You can write to me at school at Kensington Road School, Glens Falls, N.Y. 12801. Thank you for taking time to read my letter. Sincerely, /s/ Laura Durkee Reply Dear Laura: I received your letter regarding what you believe is the need ofr sidewalks in the Hidden Hills area. I am very impressed by your genuine concern for the welfare of your community however the Highway Department is not in charge of the placement of sidewalks within the town. I will forward your letter to the Town Board and I can assure you that they will seriously consider your request. Thank you for writing to me your enthusiasm is a definite asset to your neighborhood and to the town as well. Respectfully, /s/ Paul H. Naylor Highway Superintendent Town of Queensbury 4.0 TOWN COUNCILMEN'S COMMITTEE REPORTS CONTROLLER HENRY HESS-Reported to the Board on two outstanding issues, one Y2K update and major software upgrade, looking for some guidance on what level of upgrade you are going to support financially. PURCHASING MANAGER MICHELLE WELLER-Presented to the Board integrated land Management Software package Quotation Analysis...(on file) Govern Proposal 110,982 KVS Proposal 94)01 funding: Wastewater 15,000 Water Dept. 20,000 Town Board 55,982. Looking for permission to proceed. . CONTROLLER HESS-Noted there are problems (Y2K) in the Water, Assessor's Office and Community Development that needs to solved, also a capability upgrade problem the two sources to solve these are KVS and Govern. The KVS will meet immediate needs, the Department Managers of the three departments note it is an adequate solution the Govern solution is a long term good solution. Govern is the selected solution by all three department managers in addition to Bill's recommendation. COMPUTER BILL SHA W -Spoke on the Board on the assets of the Govern package. . . shared data, etc. this would replace the land management software, water and sewer billing systems. SUPERVISOR CHAMP AGNE- The Govern Software is out of Canada, a town in Long Island is using the package. . . CONTROLLER HESS-We have been upgrading our facilities gearing up toward this level of technology. . . this will be the final stage of a Y2K solution that also enhance our capabilities. . . reviewed the financing with the board... we can support it from the current budget, we may need 25-30 thousand from contengency. . . COUNCILMAN TUCKER-Questioned if our Town and County tax bills could be done through this system. COMPUTER BILL SHAW - Yes it could. COUNCILMAN IRISH-Mr. Round and I have seen the program in NY , noted Bill and Michelle have done a good job in nickle and dime Govern down and we should move forward with it. MICHELLE WELLER-Govern has offered to bring us to Long Island to see the programs... SUPERVISOR CHAMPAGNE-Would like to see that... COMPUTER BILL SHAW-First on line will be Water Dept. for their billing... Board agreed to go with the Govern Package. COMPUTER BILL SHAW-Reported to the Board on the current status of Y2K, -the town really does stand ready for Y2K, much more beyond the technical aspects within these walls at the town hall, I have talked with Chuck Rice concerning our traffic signals, he has given me assurances that the mechanical operations on the traffic signals will work, I have been in contact with the office of technology in Albany which they in turn have been pushing NY Power authority for assurances, the Power Authority had approved that the State is Y2K ready for power provided the vendor that provide the state with power are going to pu1l through with that. We have received around fifty letters from different businesses stating their compliance along with letter requesting the town's status. In June we are halfway through what I consider a three step process towards bringing our systems to Y2K, Phase I - test hardward (completed) Phase II test systems, net work etc. (3/4 way done) Phase III vendor applications (will be worked on in July) received letters from all our vendors stating that they intend that their software is compliant.. CONTROLLER HESS-Spoke to the Board regarding Y2K and banking... doing an RFP now on banking, part of this proposal will be assurance that the banks will be Y2K compliant. . . 5.0 OPEN FORUM RESOLUTIONS MR. JOHN SALVADOR-Resolution 6.11 - there is a reference to a survey presented at the meeting, is that available? SUPERVISOR CHAMPAGNE-It was available at the May 9th meeting, I do not have a copy of it tonight. COUNCILMAN MERRILL-There is a description in words here. MR. SALVADOR-What is the present use of this land? SUPERVISOR CHAMPAGNE-The land backs up to Northway Plaza the use of the land at present has no use no value to the Town of Queensbury it is surplus land. DIRECTOR ROUND-Some of the parking area on the Northway Plaza were incroaching on the towns property. MR. SAL V ADOR-I would be nice to have the map attached to the resolution. Questioned if anyone else would be interested in this parcel ofland? COUNCILMAN IRISH-the only way to get to this is through Northway Plaza or Pine View Cemetery. MR. SALVADOR-Do we need it for Cemetery Land? COUNCILMAN IRISH-The Cemetery Commission is the one that recommended selling it. MR. SALVADOR-Do we have an appraisal for the property? COUNCILMAN IRISH-Sure. MR. SALVADOR-The resolution refers to a boundary line adjustment, it is my understanding that you cannot accomplish what you are trying to accomplish through what is called a boundary line adjustment if you know where the boundary lines are. The only way a boundary line adjustment has validity in law is that you do not know where the boundary lines are, so you make a boundary line agreement. . . change done through deed. MRS. BETTY MONAHAN-We require a buffer around cemeteries and are we full filling that obligation that we have, that is part of the zoning regu1ations. Res. 6.5 Where is that land and what is it zoned now? SUPERVISOR CHAMPAGNE-Off Sherman Avenue, now zoned Light Industrial DIRECTOR ROUND-It is split zoned now, single family in the front and light industrial in the back one of the recommendation of the comp plan was to adjust the light industrial boundary line to conform with the property line at that location. MRS. BETTY MONAHAN-So, the land will be single family. DIRECTOR ROUND-Regarding the sale of the cemetery property it does not encroach... SUPERVISOR CHAMPAGNE-Requested that Mr. Malino speak to the board. MR. GENE MERLINO-Lake Luzerne, representing South Warren Snowmobile Club. Spoke to the board regarding funding for the next two years, 5,000 each year... Warren County had in the past maintained the trails but this is now being done by the South Warren Snowmobile Club... need a new groomer to accomplish this task. . .80 square miles of trails. . . have also asked for funding from the neighboring communities .. .last year expenses $19,000 maintaining the trails and fixing bridges. .. we do get some grant moneys. . . will be looking into fund from private businesses. . . no revenue from trail permitting. . . 3 cents a gallon for every gallon of gas sold for use in snowmobiles in Warren county will be used for the maintenance of the trails, this is new this year. . . . COUNCILMAN MERRILL-Requested a copy of their financial situation and also estimated of the usage of the trails. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF COMPRO, INe. TO PREPARE TOWN NEWSLETTER RESOLUTION NO.: 191.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Town Board Resolution No.: 155,98, the Town Board of the Town of Queensbury authorized engagement of the services of COMPRO, Inc., to plan, prepare, develop and print four (4) Town of Queensbury quarterly newsletters, and WHEREAS, the Town Board has been satisfied with COMPRO's services and therefore would like to authorize COMPRO, Inc., to prepare three (3) additional newsletters, and WHEREAS, COMPRO has offered to prepare each of the four (4) page newsletters for an estimated cost of $4,966 per issue, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes engagement of the services of COMPRO, Inc., to plan, prepare, develop and print three (3) Town newsletters for an estimated amount of $4,966 per issue to be paid from Publicity Account No.: 01-6410-4400, and BE IT FURTHER, RESOLVED, that assuming the Town Board is satisfied with COMPRO's production of the three (3) newsletters authorized by this Resolution, then, at the Town Board's discretion, COMPRO may be authorized to produce a fourth issue for an estimated amount of $4,966, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign such forms and documents necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING $300 PAYMENT TO ALVEY & COTE, LTD. FOR UPDATED APPRAISAL OF ANDREW MC CORMACK PROPERTY RESOLUTION NO. : 192.99 INTRODUCED BY : Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has received an updated appraisal prepared by Alvey & Cote, Ltd., of property owned by Andrew McCormack and located in the vicinity of Equinox Drive, and WHEREAS, Alvey & Cote, Ltd. updated this appraisal for the amount of $300, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment to Alvey & Cote, Ltd. for updating of appraisal of property owned by Andrew McCormack and located in the vicinity of Equinox Drive of the amount of $300, to be paid for from the appropriate account. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN ENGINEERING & LAND SURVEYING, CO., P.e. TO PROVIDE PROFESSIONAL SERVICES CONCERNING DRAINAGE ISSUE AT KILEY LANE/WILLOW ROAD INTERSECTION RESOLUTION NO.: 193.99 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Town of Queensbury's Director of Community Development previously requested proposals from professional engineering firms to provide planning, surveying, design and construction documentation phase services to address drainage issues at the Kiley Lane and Willow Road intersection in the Town of Queensbury, and WHEREAS. Mr. Round has recommended that the Town Board authorize engagement of Chazen Engineering & Land Surveying Co., P.e. to provide these services for the estimated amount of $3,900 as delineated in their proposal dated May 11, 1999 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Chazen Engineering & Land Surveying Co., P.C. to provide planning, surveying, design and construction documentation phase services to address drainage issues at the Kiley Lane and Willow Road intersection in the Town of Queensbury for the estimated total amount of $3,900 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Director of Community Development and/or Town Supervisor to execute any forms or agreements in form approved by Town Counsel, necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of June, 1999, 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-Will they make sure the job is done right? Director Round-Construction phase services are not included. RESOLUTION AUTHORIZING PAYMENT FOR ADDITIONAL, UNANTICIPATED SERVICES OF NACE ENGINEERING, P.C. CONCERNING CRONIN ROAD DRAINAGE RESOLUTION NO.: 194.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 321.98, the Town Board of the Town of Queensbury authorized engagement of Nace Engineering, P.e. (Nace), to design drainage improvements along a portion of Cronin Road in Queensbury for a total amount not to exceed $9,000, and WHEREAS, to date the Town has paid Nace $3,600 of the total authorized amount of $9,000, and WHEREAS, Nace has submitted its final invoice in the additional amount of $5,725, $325 over the total authorized amount of $9,000, and has advised the Town that it was necessary to perform additional, unanticipated services due to rock encountered during construction and a gas main being located closer to Cronin Road than originally marked, and WHEREAS, the Town Board wishes to authorize payment of the additional $325 to Nace for its extra work, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes final payment to Nace Engineering, P.e., in the amount of $5,725, $325 over the originally authorized total amount of $9,000, and directs the Town Supervisor or Town Controller's Office to execute any and all documentation necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of June, 1999 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY SANDRA COMBS TO PLANNING BOARD RESOLUTION NO. 195.99 MOTION WITHDRAWN INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill DISCUSSION HELD: Director Round-You are asking to forward that to the Planning Board and notify the various boards for SEQRA review... Councilman Irish-The Comprehensive Landuse Plan recommends a change here to be more consistent with the surrounding area? Director Round-Yes, it did, it did not recommend a change to reflect existing zoning this application may be requesting further density allowances, I think the existing zoning is SFR 1 acre they are looking to change it to SFR20. The property is split zoned parallel to Sherman Avenue the zone line runs east, west and the Comprehensive Plan recommends the line be shifted to the south so it would all be zoned residential. I think the existing residential zoning is one acre they are asking to switch the line further south but also to request a twenty thousand square foot zoning in lieu of one acre zoning. Councilman Tucker-If we do this here how much other industrial land is going to be in jeopardy? Supervisor Champagne-I do not know percentage wise in order to accommodate this development what is the percent of light industry that we are taking as compared to the one acre SFR. Director Round-I think that is a concern that the Planning Board will identify in their recommendation to you there are proposal in the comp plan to swap some SFR for some industrial and vice versa and I do not know if that is a net loss or gain of industrial property. This property is zoned industrial but the only access to it is through this private property owner and through residential land so the potential that this is going to be developed in an industrial manner it is very low unless an adjoining property owner purchases this section ofland. Councilman Tucker-There has to be other industrial land there are we opening the door for everybody to come in here. Director Round-You certainly do. Councilman Irish-If they could get access through these other industrial properties if they were developed and infrastructure was put in to assume that the only ingress and egress would be out onto Sherman Avenue isn't.. . Director Round-You would have to sell the property to an adjourning industrial user and the industrial user is going to want or need that land to do a development. Councilman Irish-It is going to back right up on light industrial. Councilman Irish-If you look at the map, just looking at where it backs up on the other industrial properties. Supervisor Champagne-Everything around there is one acre. Director Round-The Comprehensive Plan did make recommendation to change certain areas that are consistent with this from residential to industrial and industrial to residential. This is not inconsistant with it but it is also asking for a higher density allowance. Councilman Irish-The problem that you do run into with that also Chris, is that these other properties become developed and then we got a residential neighborhood that we allowed to go in there, we are going to start hearing about you know, noise the lights are on all night long the street sweepers are coming in at least at this point they already know what the zoning is. Councilman Merrill- And we run into the buffer between the residential and light industrial and to provide a buffer that would cut down on the light industrial even further. (reviewed maps) Director Round-Spoke to the Board regarding the Kamer Blue habitat in the area.. .Mrs. Betty Monahan-I asked what the zoning was and what she requested SFR around it and she was SFR nobody said that there was a change in the density, when she is surrounded by one acre density and in SFR and she is requesting twenty thousand that is strictly spot zoning that is only benefiting the applicant. Spot Zoning you cannot do. Director Round-The zoning of the property now is zoned SFR one acre there is property adjacent to it that is zoned light industrial the property that they are requesting to be rezoned is light industrial and they are requesting it to SFR20, the property east of the site is SFR 20 property north of the site is SFR 20 and property west of the property is also SRI acre, there are three different zonings that adjoin this property. Councilman Monahan-Are they also in the mobile home over lay zone? Director Round-Some are and some are not, it is not inconsistent with the area zoning but there are concerns about whether it is consistent with our light industrial use and how it is going to effect that I guess. Councilman Irish-I think before we do anything with this we ought to sit down and look at some of the issues that you talked about with you know the density and percentage of what we are loosing to what we are gaining and maybe not say no right off the bat but at least sit down and discuss it and see what exactly we are getting into here and if we want to do that. Councilman Merrill-I agree we need more information on this I have got problems with this especially cutting across power lines. Supervisor Champagne-I have problems going to SFR20. Councilman Turner-So, do I. Councilman Tucker-Questioned the errors in the map such as the listing of Warren County Sewer Dist... I withdraw my motion... Councilman Merrill-I withdraw my motion. RESOLUTION SETTING PUBLIC HEARING ON STORMW ATER MANAGEMENT PLAN FOR PORTIONS OF TOWN OF QUEENSBURY WITHIN LAKE GEORGE WATERSHED AND PROPOSED STORMW ATER MANAGEMENT ORDINANCE OR LOCAL LAW RESOLUTION NO.: 195.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Resolution No. 61,99, the Queensbury Town Board approved a Draft Stormwater Management Plan for Portions of the Lake George Watershed within the Town of Queensbury (the "Plan") dated October, 1997 and directed the Executive Director of Community Development to forward the Plan to the Lake George Park Commission for final review and approval, and WHEREAS, the Lake George Park Commission, as lead agency for the Lake George Park Stormwater Management Program, also approved the Plan by Resolution, reviewed the Final Generic Environmental Impact Statement (FGEIS) and prepared a Statement of SEQRA Findings, a copy of which has been presented at this meeting, and WHEREAS, the Queensbury Stormwater Advisory Committee has reviewed the Plan in its final form and has also reviewed the Lake George Park Commission Model Stormwater Management Ordinance (Ordinance) and has recommended that the Town Board adopt the Plan and Ordinance possibly as a Local Law, and WHEREAS, before the Town Board may adopt the Plan and Ordinance possible as a Local Law the Town Board must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, June 21st, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the Stormwater Management Plan for Portions of the Lake George Watershed within the Town of Queensbury dated October 1997 and Stormwater Management Ordinance or Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town's official newspaper and posting the Notice on the Town's bulletin board. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Councilman Merrill-Noted that the Town of Queensbury would like to be the one to administer the ordinance or local law on stormwater management. Supervisor Champagne-The thing that concerns me is the person that is going to subdivide property on 149 has to do the same mitigation practices as would the guy building his septic system up there to prevent storm water running into the lake which is one hundred feet below him. To me it seems we are going at this thing with knowing the real source of the problem and by identifying no source we are saying that every piece of property in that north of 149 gets treated not exactly the same. Councilman Merrill-the problem is that the Lake George Park Commission has jurisdiction and if we do not take action they will administer the program as they want to administer and we are trying to take control of it ourselves. It is a question do they go to our Planning Dept. and then go up to Lake George Park Commission and get their approval or do they just one stop shop and that is what we are trying to do. Director Round-Who this will have a significant impact on are smaller projects that they are going to have to address storm water management. Councilman Merrill-Noted a set of guidelines has been established to reduce this down to less than ten pages. Town Counsel Schachner-On this resolution as well as 6.9 and 6.10 all three refer to ordinances the Town Clerk and I have conferred and we are suggesting that we are going to add the words or local every time ordinance appears so you will be sitting a pubic hearing right now for June 21st for all three of those to be either a local ordinance or local law, we are going to discuss which during the next two weeks. RESOLUTION AUTHORIZING AMENDMENT TO (1016 OF TOWN EMPLOYEE HANDBOOK ENTITLED, "HIRING RELATIVES OF EXISTING EMPLOYEES" RESOLUTION No. 196.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board wishes to amend (1016 of its Employee Handbook entitled "Hiring Relatives of Existing Employees" to more clearly define Town procedure for employment of an existing Town employee or elected Town official's immediate household or family member, and WHEREAS, the Town Controller, in his May 18, 1999 Memorandum presented at this meeting, has proposed new language for (1016 and the proposed amendment is in form approved by the Town Board and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amendment to (1016 of its Employee Handbook entitled "Hiring Relatives of Existing Employees" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of the amendment to all Town employees and amend the Employee Handbook accordingly. Duly adopted this 7th day of June, 1999 by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Supervisor Champagne-This adds significant others and those other than blood relatives living under the same roof. . . Controller Hess-also relatives of Elected Officials. . . RESOLUTION AUTHORIZING ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO., INe. TO HOLD FOOT RACE -ONE MILE FIREMEN'S RUN RESOLUTION NO.: 197.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, Adirondack Runners Club and West Glens Falls Volunteer Fire Co., Inc., have requested permission to conduct a foot race to benefit their organizations, as follows: SPONSOR Adirondack Runners Club & West Glens Falls Volunteer Fire Co., Inc. EVENT: Foot Race - One Mile Firemen's Run DATE Saturday, June 19th, 1999, 8:30 a.rn. PLACE: Beginning at St. Alphonsus Church, Broad Street, Glens Falls and ending at the West Glens Falls Firehouse, Luzerne Road, Queensbury NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from Adirondack Runners Club and West Glens Falls Volunteer Fire Co., Inc., to hold the One Mile Firemen's Run in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to 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 7th day of June, 1999, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED ORDINANCE OR LOCAL LAW REGULATING WATER METERS RESOLUTION NO.: 198.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, sealed water meters are located in homes and commercial enterprises throughout the Town of Queensbury Consolidated Water District (the "Water District") for the purpose of measuring water usage, and WHEREAS, having water meters in good repair and optimal working condition is essential in order to properly determine water usage by Water District customers, properly charge customers for water usage, prevent theft of water and ensure a safe water supply for the Water District, and WHEREAS, the Town Board is concerned about public safety and wishes to ensure that all water meters are in good repair and optimal working condition, and WHEREAS, the Town Board is concerned about preventing theft of water and wants to make sure that all water being taken by the public passes through a water meter, and WHEREAS, in accordance with Town Law (198(c), the Town Board may, after a public hearing upon at least ten (10) days public notice, enact an Ordinance or Local Law regu1ating the operation of the Water District and the use of water therein, and WHEREAS, a proposed Ordinance or Local Law Regulating Water Meters has been presented at this meeting for the Town Board's consideration, NOW, THEREFORE, BE IT RESOLVED, that 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 June 21st, 1999 to consider the proposed Ordinance or Local Law Regulating Water Meters, hear all interested persons and take such action as required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting at least ten (10) days prior to the public hearing. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Water Supt. Ralph VanDusen-Several months ago we talked about the concept of radio read meters and one of the leading items that brought up to that conclusion was the relatively high percent of non billable water that we have in the town. Within the next few weeks we will install those radio read meters and we expect that we will find a few people that probably have some connections ahead of a meter or maybe has disconnected their meter and currently there is nothing on the books that allows us to sink our teeth into something to be able to create a financial incentive for people to comply and basically this local law/ordinance will create a financial incentive for people to not cheat and not steel water. Noted if a problem is found the resident would be given two weeks to correct the situation. It takes six weeks to read the entire town with the goal of 90% radio read one person will be able to do it in less than a week. DISCUSSION HELD ON WATER BREAK ON BAY ROAD-Water Supt. VanDusen noted that the pipe at that location will replace a section in a five year plan... RESOLUTION SETTING PUBLIC HEARING ON PROPOSED ORDINANCE OR LOCAL LAW REGULATING USE OF OR CONNECTION TO TOWN FIRE HYDRANTS RESOLUTION NO.: 199.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, there are fire hydrants throughout the Town of Queensbury, and WHEREAS, having fire hydrants in good repair and optimal working condition is essential in order to prevent damage by fire and to protect property and lives, and WHEREAS, the Town Board is concerned about public safety and wishes to ensure that all fire hydrants are in good repair and optimal working condition, and WHEREAS, in accordance with Town Law (130(5), the Town Board may, after a public hearing upon at least ten (10) days public notice, enact an Ordinance or Local Law to protect and preserve the property and apparatus of any fire company or department and to prevent damage by fire and protect property exposed to destruction by fire, and WHEREAS, the Town's fire hydrants tie directly into the Town's waterlines which bring potable water to Town residents, and WHEREAS, if people connect to the fire hydrants without adequate back flow protection, there is a serious possibility of contamination of the Town's water supply, and WHEREAS, this is a serious health and safety concern of the Town and in accordance with Town Law (130(15), the Town Board may, after a public hearing upon at least ten (10) days public notice, enact an Ordinance or Local Law to protect the health and safety of Town residents and prevent contamination of the Town's water system by cross-connections by unauthorized persons, and WHEREAS, a Ordinance or Local Law Regulating the Use of or Connection to Town Fire Hydrants has been presented at this meeting for the Town Board's consideration, NOW, THEREFORE, BE IT RESOLVED, that 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 June 21st, 1999 to consider the proposed Ordinance or Local Law Regulating the Use of or Connection to Town Fire Hydrants, hear all interested persons and take such action as required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting at least ten (10) days prior to the public hearing. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Champagne NOES None ABSENT: None RESOLUTION AUTHORIZING SALE OF PARCEL OWNED BY TOWN OF QUEENSBURY TO NORTHWAY PLAZA ASSOCIATES, LLC RESOLUTION NO.: 200.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to authorize the sale of a 1.2 acre parcel of land located in the vicinity of Northway Plaza as shown on a Survey & Map prepared by Coulter & McCormack, Licensed Land Surveyors as amended on May 9, 1999 , and WHEREAS, the Town Board has considered whether the parcel is needed for any Town purpose, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the parcel is not needed for any Town purpose, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the amount of twenty-thousand dollars ($20,000) is a fair and adequate price for the parcel, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the sale of a 1.2 acre parcel ofland located in the vicinity of Northway Plaza as shown on a Survey & Map prepared by Coulter & McCormack, Licensed Land Surveyors as amended on May 9, 1999 for the amount of twenty-thousand dollars ($20,000) in accordance with the terms of the Real Estate Contract presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the sale of the parcel to Northway Plaza Associates, LLC and further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction, including, without limitation, a Real Estate Contract substantially in the form presented at this meeting, the Deed, the Real Property Transfer Report and the Capital Gains Affidavit, and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the transfer of land will be treated as a boundary line adjustment and therefore subdivision approval will not be needed as the parcel being sold will be merged into Northway Plaza's adjacent parcel after the sale, and BE IT FURTHER, RESOLVED, that the Town will consider rezoning of the parcel to Plaza Commercial and will use its best efforts to complete the rezoning as promptly as possible and Northway Plaza shall not be obligated to close this transaction until and unless the rezoning has been completed, and BE IT FURTHER, RESOLVED, that this Resolution shall be subject to a permissive referendum in accordance with (64(2) of the Town Law and shall not take effect until such time as provided for Resolutions subject to permissive referendum in Article 7 of the Town Law and the Town Board further authorizes and directs the Town Clerk to post and publish the required notice for Resolutions subject to permissive referendum. Duly adopted this 7th day of June, 1999, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: Town Counsel Schachner-Mr. Salvador makes a good point if the survey and map are not presented at this meeting I would suggest deletion of that language in the very first Whereas, and in the third Resolved. Agreed to be the Councilman Turner and Councilman Irish vote taken... Councilman Merrill-Mr. Salvador raised an issue over boundary line adjustments, is that a problem? Town Counsel Schachner-I do not believe so. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW PROHIBITING PARKING ON MOUNTAIN VIEW LANE ADJACENT TO PROSPECT SCHOOL IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 201.99 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 consider adoption of a Local Law which would prohibit parking on Mountain View Lane adjacent to Prospect School in the Town of Queensbury, and WHEREAS, such legislation is authorized in accordance with Town Law, Vehicle and Traffic Law (1660(a)(18) and the Municipal Home Rule Law, and WHEREAS, before the Town Board may act on such a Local Law, it must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.rn. on June 21st, 1999 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 7th day of June, 1999, 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-This money will go to the Cemetery? Councilman Turner-It is going to go in a Capital Project.. . Controller Hess-If there is going to be an agreement to that as long as there is an agreement that comes forth and if one doesn't and you have a closing there is memo out that says that it will get split one third, two thirds, but I assume there is an agreement coming out between the Commission and the Town Board at some point. Councilman Turner-There will be... Capital Projects at the Cemetery.