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2002-06-03 REGULAR TOWN BOARD MEETING JUNE 3RD, 2002 MTG #28 Res. #244-2547: 04 P.M. BOH #32-36 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN TIM BREWER BOARD MEMBER ABSENT COUNCILMAN DANIEL STEC TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Harry Hansen, Director of Parks & Recreation Ralph VanDusen, Water & Wastewater Superintendent Bruce Ostrander, Deputy Water Superintendent Henry Hess, Comptroller Chris Round, Executive Director of Community Development Dave Hatin, Director of Building & Codes PRESS: Glens Falls Post Star Supervisor Brower called meeting to order. . . . PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DENNIS BROWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 244, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 3rd day of June, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES: None ABSENT: Mr. Stec BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - ROBERT & SUSAN MORRIS NOTICE SHOWN 7:05 P.M. MR. TOM JARRETT -Good evening, Tom Jarrett, representing Robert and Susan Morris. We are seeking a variance, a septic variance, two variances actually to modify an existing wastewater disposal system for their property on Cleverdale. What initiated this were some minor modifications to the structure and when we investigated the wastewater system, we found three laterals that start approximately eighty-five feet from Lake George and they're also, as I recall, approximately seventeen feet from the foundation. We are proposing to upgrade as much as practical that existing system by moving the system at least five more feet from the lake to ninety feet, expanding the size of it to meet current code and adding a distribution box to get better distribution throughout the system. When we did the test pits, to investigate the system, we found that there is adequate vertical separation to groundwater. So, it does meet the New York State Department of Health Code. I guess I'll open it up for questions. COUNCILMAN BOOR-When you say it meets the code, it read that there's actually five bedrooms, there's four plus one and a cabin, is that correct? MR. JARRETT-I understand it is three plus one. MR. ROBERT MORRIS-Three plus one and an apartment over the garage. COUNCILMAN BOOR-And the four hundred and forty, which is the, let's see, you've got four sixty-four. What is it with the new five and the one that attaches ninety degrees to it, what is the total now that you're looking at for leach fields? MR. JARRETT-The existing, we're providing four hundred and sixty-five square feet of leaching area. COUNCILMAN BOOR-And that is adequate for four bedrooms? MR. JARRETT-Four bedrooms requires four hundred and sixty-four square feet and that's depended on replacing the fixtures in the house to water savers. SUPERVISOR BROWER-Any other questions from board members? Do you have anything to add Tom? MR. JARRETT-No, not at this time. COUNCILMAN TURNER-Just one question. Will the changing of the fixtures take place at the same time or some time during, when this is being done? MR. JARRETT-That is the proposal. MR. MORRIS-Yes, correct. SUPERVISOR BROWER-All fixtures? MR. JARRETT -All the water use fixtures that are not water savers, yes. MR. BOOR-Toilet and shower heads? MR. MORRIS-Yea, I can say we've lived there twelve years and we've never had problems with the existing. We are thirty-five feet above the lake which I know doesn't count for anything in the specs but for whatever reason, we have had no problems with it. So, we expect none with the upgrade and particularly with the water savers. SUPERVISOR BROWER-Yea, that should help a lot, I would think. Thank you. At this time then, I'll ask you to have a seat and I'll ask the public if anyone is here to comment on the public hearing either for or against the proposal that's before us for Mr. and Mrs. Morris? Hearing none, I'll ask the engineer and applicant to come back, to come forward again. Tim, did you have any questions at all? COUNCILMAN BREWER-No. SUPERVISOR BROWER-Okay. Any further questions from board members? COUNCILMAN BOOR-No, I just agree with what Ted said, that I have no problem with the application, I would just be happier if, at the time of the final inspection, they could also check to make sure that the toilets and the shower heads have also been replaced and I'm fine with that. SUPERVISOR BROWER-Okay. Do we need to add a resolve to make these, Bob? TOWN COUNSEL HAFNER-Would you do that normally, Dave? MR. DAVE HATIN, Director of Building & Codes-Yea, that's part of the inspection. TOWN COUNSEL HAFNER-I think you would do that automatically. MR. HATIN, Director of Building & Codes-Yes, that's part of it. COUNCILMAN BOOR-Well, if it's part of it, I'm not concerned. I just think that because we're going by the numbers with the low flow, we probably should make sure that that's what we've got. Although I believe that you haven't had problems but the engineering is such that it requires that. TOWN COUNSEL HAFNER-So, would you like it in there Dennis? SUPERVISOR BROWER-Dave said it's a normal part of the this procedure, I don't know as we need it. I think that will be fine. COUNCILMAN TURNER-I don't think we need it, the applicant stated he was going to put them in. SUPERVISOR BROWER-Yes. COUNCILMAN TURNER-It's a matter of record. SUPERVISOR BROWER-Okay, board members? COUNCILMAN TURNER-No, I'm all set. COUNCILMAN BOOR-I'm fine. COUNCILMAN TURNER-I'll move it. SUPERVISOR BROWER-Okay, moved for approval by Councilman Turner. DEPUTY TOWN CLERK BARBER-Do you want to close the public hearing first? SUPERVISOR BROWER-Oh, thank you. I'll close the public hearing at this time, thank you. PUBLIC HEARING CLOSED 7:10 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND SUSAN MORRIS BOARD OF HEALTH RESOLUTION NO.: 32,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Robert and Susan Morris have filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of a leach field ninety feet (90') from Lake George instead of the required one-hundred feet (100') setback and seventeen feet (17') from the house foundation instead of the required twenty feet (20') setback on property located at 371 Cleverdale Road, Queensbury, 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 3rd, 2002, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that a) 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) the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Robert and Susan Morris' application for variances from the Sewage Disposal Ordinance to locate a leach field ninety feet (90') from Lake George instead of the required one-hundred feet (100') setback and seventeen feet (17') from the house foundation instead of the required twenty feet (20') setback on property located at 371 Cleverdale Road, Queensbury and bearing Tax Map No.: 14-1-4. Duly adopted this 3rd day of June, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec DISCUSSION - UNDERWOOD PROPERTY MR. HATIN, Director of Building & Codes-Bill Underwood was supposed to be back to the board with a report from his engineer tonight for Barton Place. For whatever reason, his engineer is unable to perform the task he hired him for so he's hired Dennis MacElroy from Environmental Design Partnership, I think it is. Dennis has asked for a little reprieve so he can get familiar with it. He just got hired today. So, he'll be here July 1st to have a full report to the board. COUNCILMAN BREWER-So, what do we do about the extension or whatever? SUPERVISOR BROWER-We'll have to, we should extend it, I would believe. MR. HATIN, Director of Building & Codes-Dennis has already looked at it, I know he met with Bill today. I talked to him this afternoon, so he's very familiar with what's going on, it's just a matter of coming up with all the requirements that you asked for. COUNCILMAN BREWER-But wouldn't you think the guy, was here two weeks ago, would do something before the day of our meeting to hire another engineer, in my mind, I think? SUPERVISOR BROWER-My understanding from talking to Darleen is that his engineer is sick and that's why COUNCILMAN BREWER-But was he, sick two weeks ago? I guess, that's my point. COUNCILMAN BOOR-I think we made it very clear at the last meeting, didn't we? I mean, I don't have a problem granting a little bit of an extension but at some point, we've got to crack the whip here. This was like months and months ago. MR. HATIN, Director of Building & Codes-I think Dennis will follow through July 1st, I don't see that being an issue. I have confidence that Dennis will be here. COUNCILMAN BREWER-Why can't we do it the 17th? COUNCILMAN BOOR-I think there problem, the biggest problem I think is, it's a multiple unit. Have you seen this place? COUNCILMAN BREWER-Yea, I can remember the application. COUNCILMAN BOOR-I fault Mr. Underwood for being tardy, for a lack of a better word, to get somebody here but by the same token, I don't think an engineer can probably do a very good job on that size property in a short amount of time. Now, I might be wrong but it is kind of a quagmire over there. SUPERVISOR BROWER-I think I'd recommend an extension to July 1st unless COUNCILMAN BREWER-And then July 1st when the engineer comes in and gives us plans, we're going to extend it again until August? MR. HATIN, Director of Building & Codes-No, in talking to Dennis, his plan is to come in to you with a proposal and if you feel comfortable with that, he will submit for a variance for the following board meeting because there will be some variances involved most likely. COUNCILMAN BREWER-Can he have an idea by the 17th of what he's going to do? COUNCILMAN BOOR-Well, can he, yea, I guess, SUPERVISOR BROWER-What are you saying, Dave? COUNCILMAN BOOR-Is he going to, will he typically talk to you prior to meeting with us? MR. HA TIN, Director of Building & Codes-Yea, and I didn't feel two weeks is going to be enough time. I've going to be out of the office five days out of the next two weeks for school so I didn't feel it was giving him enough time to really, and me to coordinate things before hand. So, that's why I said July 1st was probably a better date. SUPERVISOR BROWER-But that's still not enough time for him, really, is it? MR. HATIN, Director of Building & Codes-He feels that he'll have a proposal to you by July 1st and he can either have it in a form of a variance to set a public hearing or you can talk about it that night and then he'll submit it for the next board meeting to set a hearing. COUNCILMAN BREWER-And then we're going to be into September already. MR. HATIN, Director of Building & Codes-No, you'll be August, the first week, the first meeting in August you'll have a hearing. COUNCILMAN BREWER-If he comes to us July 1st, we set a public hearing, it's going to be ten days after that, it's going to be MR. HATIN, Director of Building & Codes-The middle of July. DEPUTY TOWN CLERK BARBER-Your second board meeting in July, it should be. COUNCILMAN BREWER-To have the public hearing? DEPUTY TOWN CLERK BARBER-Yes. COUNCILMAN BREWER-Maybe the end of August before it's done. MR. HATIN, Director of Building & Codes-I mean, if you'd like, I can have him have everything ready to go forward with it. COUNCILMAN BREWER-He's got five systems up there, doesn't he? COUNCILMAN BOOR-Well, he's, it's unknown. I think that was the problem, he doesn't know what he has. MR. HATIN, Director of Building & Codes-Yea, he needs to survey, do a little further investigation to find out exactly what's there. COUNCILMAN BOOR-He's got, holding, whatever. COUNCILMAN BREWER-And this guy first originally came to us, when? COUNCILMAN BOOR-Way long time ago. MR. HATIN, Director of Building & Codes-I think it was back in March. COUNCILMAN BOOR-December? COUNCILMAN TURNER-February or March. COUNCILMAN BREWER-So, we're talking about something that should have been done in, maybe a month or two. Now, we're talking nine or ten months. MR. HATIN, Director of Building & Codes-It's up to you, I just felt to give him, to be fair with him COUNCILMAN BREWER-I'm only one vote but I don't have a lot of sympathy for a guy that takes nine months to do something that should have taken him a month. That's my own personal opinion, I'm sorry. MR. HATIN, Director of Building & Codes-I can't speak for Mr. Underwood. I can only speak from what, my conversation was with Dennis. COUNCILMAN BREWER-The last time he came to us and said that he couldn't get a hold of his engineer because he was sick, I understand that, okay. Then we give him another extension for two weeks and the day of our meeting, he calls and says, woops, I can't get an engineer, I hired one today. I don't think it's, I think he gets in here the 17th, if he has to pay MacElroy double time or whatever he's got to do and get it done. SUPERVISOR BROWER-We gave him until the 17th, right? COUNCILMAN BREWER-No, you said July 1st. SUPERVISOR BROWER-Well, the last time. Didn't we extend to the MR. HATIN, Director of Building & Codes-You gave him until tonight. COUNCILMAN BOOR-Tonight. COUNCILMAN BREWER-We gave him to tonight, yea. COUNCILMAN BOOR-And we made it quite, at least I remember being quite firm about it but it's neither here nor there now. COUNCILMAN BREWER-And he's not even here to represent himself. SUPERVISOR BROWER-No he's not. COUNCILMAN BREWER-So, I have no sympathy for him. COUNCILMAN TURNER-Well, sympathy or not, he's got to have it done so let's get it done, get it in here, get a look at it. COUNCILMAN BOOR-He doesn't do himself any favors by wasting our time but MR. HATIN, Director of Building & Codes-Do you want Dennis here then on the 17th? I can call him this week and tell him. COUNCILMAN BOOR-I don't have a problem with July 1st but you know, he's not helping himself out doing this. COUNCILMAN TURNER-See if Dennis can MR. HATIN, Director of Building & Codes-Speed it up. COUCILMAN TURNER-Speed it up a little bit and maybe get here by the 17th. MR. HATIN, Director of Building & Codes-Okay. I will relay your concerns to him. COUNCILMAN TURNER-Okay. COUNCILMAN BOOR-So, officially, what do we want to do here? SUPERVISOR BROWER-Well, if we want to do it the 17th, we can do it the 17th but I think the application, it's going to be July 1st before he has an application before us. COUNCILMAN BOOR-Okay so we're shooting for? SUPERVISOR BROWER-To set a public hearing. COUNCILMAN BOOR-Okay. SUPERVISOR BROWER-So I think we should, my recommendation would be to give them to July 1st so that we can set the public hearing. COUNCILMAN BOOR-And that means that the second meeting in July would be SUPERVISOR BROWER-Second meeting in July would be TOWN COUNSEL HAFNER-The 15th. COUNCILMAN BOOR-Would be as early as we could get them, right? SUPERVISOR BROWER-Yea. COUNCILMAN BREWER-The 15th and then he does the work, it's going to be, I'll bet you a dollar right now it's September. MR. HATIN, Director of Building & Codes-It's possible. I mean, we don't have a failing system right now, we have a system that's non-conforming, that's really the issue. SUPERVISOR BROWER-Well, do I have consensus to give him to July 1st, to have the application in front of us? COUNCILMAN BOOR-I would begrudgingly do that. COUNCILMAN TURNER-Yea, I'll do that. SUPERVISOR BROWER-To set a public hearing? COUNCILMAN TURNER-What are you going to do? SUPERVISOR BROWER-Well, we can deny it and then he starts allover again but COUNCILMAN TURNER-No, but I mean, it doesn't serve any purpose. COUNCILMAN BOOR-No, it doesn't. COUNCILMAN TURNER-It's got to be done so let's do it. MR. HATIN, Director of Building & Codes-I'll call him when I get back from school on Friday and tell him that if he wants to make a proposal June 17th, to set a hearing with a variance for the first of July. SUPERVISOR BROWER-Yea, because they should have an application in front of us to set a public hearing on the I st at the latest. MR. HATIN, Director of Building & Codes-But you want an application for the first regardless, okay. I can relay that message. SUPERVISOR BROWER-Okay. We don't need a motion for that, an official motion, do we? TOWN COUNSEL HAFNER-I think you do, you did a resolution in the first place so I think you just need to SUPERVISOR BROWER-So, you'll write something up then for us? COUNCILMAN BREWER-You've got to do it now Dennis. COUNCILMAN BOOR-Yea, we have to. COUNCILMAN BREWER-Because it expires today. SUPERVISOR BROWER-Then we'll make a resolution to extend the application or the time for setting a public hearing until July 1st for Mr. Underwood in light of the fact that his engineer is ill and he had to switch engineers and Mr. MacElroy is his new engineer, is that correct? MR. HATIN, Director of Building & Codes-Correct. SUPERVISOR BROWER-Okay. In that case, let's vote: RESOLUTION AUTHORIZING EXTENSION BOARD OF HEALTH RESOLUTION NO.: 33,2002 INTRODUCED BY: Mr. Dennis Brower WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby extends the application or the time for setting a public hearing until July 1st, 2002 for Mr. Underwood in light of the fact that his engineer is ill and he had to switch engineers and Mr. MacElroy is his new engineer. Duly adopted this 3rd day of June, 2002, by the following vote: AYES: Mr. Turner, Mr. Brower, Mr. Boor NOES: Mr. Brewer ABSENT: Mr. Stec HEARING CONCERNING PROPERTY OWNED BY THOMAS ST. JOHN LOCATED AT 10 DIVISION ROAD - TAX MAP NO.: 308.15-1-53.2 MR. HATIN, Director of Building & Codes-After the last board meeting, Chuck Rice and his crew did go over and clean the property up. I have pictures of what appears to be now. I was able to get pictures through the windows of what the inside of the rooms were, I could get through the windows and take pictures of, look like. Do you want to see the pictures prior to the cleanup? COUNCILMAN BOOR-Yea. MR. HATIN, Director of Building & Codes-(Distributed pictures to the Board Members) If you like, while you're looking at those, I'll also pass out the pictures of what it looks like right now, as we sit here today. COUNCILMAN BOOR-Is this in foreclosure, Dave? MR. HATIN, Director of Building & Codes-Yes, the bank does have, I have talked to the bank since our last meeting. I've talked to a Tina Erikson who referred me to another girl who called me back and asked me to fax the board resolution to her from the last board meeting which I did. Pliney informs that the saw somebody there over the weekend, I'm assuming that they're aware of the boards actions and will probably take care of it. What I'd like to do is follow through with the board action tonight so I can fax that to her agaIn. COUNCILMAN BREWER-Somebody there, meaning from the bank? MR. HATIN, Director of Building & Codes-The bank, I'm assuming. So, that way we can make sure that it brings it to a resolution so they know we're serious about getting it cleaned up. COUNCILMAN BOOR-So, is it, is somebody there actually cleaning or just looking at the property? MR. HATIN, Director of Building & Codes-I wasn't there today. Pliney, were they just looking at the property? MR. PLINEY TUCKER-They were in the building. COUNCILMAN BOOR-They were inside? MR. TUCKER-One of them was a building contractor and I don't know what was going on but they got into the building. I guess they didn't find any bodies or anything. COUNCILMAN BOOR-Typically, would you call them and ask if they've cleaned it out. MR. HATIN, Director of Building & Codes-What I'll do is I will fax, if you pass the resolution for tonight, I will fax that to the same person I faxed the last resolution to. If I hear that nothings happened by the end of the week, then we will force the issue and we will actually hire a contractor and bill it to the taxes and then they'll pay for it. COUNCILMAN BOOR-Of this week? MR. HATIN, Director of Building & Codes-Right. COUNCILMAN BREWER-So, then we change this three days to? MR. HATIN, Director of Building & Codes-You can still leave the three days and I'll call on Friday. If nothings happened by Friday, then I'll COUNCILMAN BREWER-So, leave the three days? MR. HATIN, Director of Building & Codes-Yea, I would leave it three days. COUNCILMAN BOOR-I have no problem with that. COUNCILMAN TURNER-No. SUPERVISOR BROWER-Do I have a motion? COUNCILMAN BREWER-Well, just a legal question for our attorney. We've got Thomas St. John's name in here, should we put the banks name or? MR. HATIN, Director of Building & Codes-Do you want to? TOWN COUNSEL HAFNER-I think that would be a good idea. MR. HATIN, Director of Building & Codes-It's Principal Residential Mortgage, and I don't have an address, I just have a telephone number right now. COUNCILMAN BREWER-So, we'll change that, insert the banks name everywhere his name is or? TOWN COUNSEL HAFNER-No, the second resolve. COUNCILMAN BREWER-Just in the second resolved? No, in the last one too. TOWN COUNSEL HAFNER-Have they foreclosed on the property? MR. HATIN, Director of Building & Codes-No, they haven't foreclosed, I think it's going through the process. To my knowledge, they have not foreclosed. TOWN COUNSEL HAFNER-Yea, I only found signs that they have begun the process. They don't own it, they're not legally responsible, it's the owner. MR. HATIN, Director of Building & Codes-It was in their claims department for non payment, that's all she was able to tell me. SUPERVISOR BROWER-So, it hasn't transferred yet. MR. HATIN, Director of Building & Codes-I don't believe so, no. TOWN COUNSEL HAFNER-Until it transfers, I don't think that they would COUNCILMAN BREWER-I just want to protect us to get our money, that's all. TOWN COUNSEL HAFNER-I think you can only go against St. John and he's going to be hard to collect against, I would think. COUNCILMAN BREWER-And that's what I mean, is it a lien then on the property? COUNCILMAN BOOR-Yes. TOWN COUNSEL HAFNER-It would come after COUNCILMAN BREWER-It is for taxes, right? COUNCILMAN BOOR-Yes, isn't it? TOWN COUNSEL HAFNER-We have it set up to be a lien against the property but I think it would be after the mortgage that's already existing. I don't think this is COUNCILMAN BOOR-Well, you're not going to be ahead of it, is what you're saying. TOWN COUNSEL HAFNER-Yea, so I think that if they go through their foreclosure, that, it may be no value left. COUNCILMAN BREWER-No, there won't. TOWN COUSNEL HAFNER-Because foreclosure gets rid of all later liens and this is MR. HATIN, Director of Building & Codes-Right now, we've incurred no expense. The grounds crew took care of it so there's no expense right now. TOWN COUNSEL HAFNER-And our advice at the last meeting and I've talked with Mark and he agrees with the advice, is that, you see a provision in here that authorizes the town to proceed with a court action getting court approval before you take the somewhat extreme step of going into someone's property without their permission. That is something that from a, protecting the town point of view, you would want a court order directing you to and we put that language in there like we always do for Dave. MR. HATIN, Director of Building & Codes-Right. TOWN COUNSEL HAFNER-And we would think that Dave would want that. So, it sounds like having the bank, they have the right to go in, they have the mortgage. MR. HATIN, Director of Building & Codes-I think this is going to be taken care of by the bank, this just kind of pushes them a little quicker. COUNCILMAN BREWER-Well, I think if they see their name in there too, it might. SUPERVISOR BROWER-Are you making a motion? COUNCILMAN BREWER-Yes, I am. SUPERVISOR BROWER-Okay, motion made by Councilman Brewer. COUNCILMAN BOOR-I'll second it. SUPERVISOR BROWER-Seconded by Councilman Brewer. Further discussion? Hearing none, let's vote. RESOLUTION ORDERING THE CLEAN-UP AND SECURING OF THE HOME LOCATED ON PROPERTY OWNED BY THOMAS ST. JOHN AND LOCATED AT 10 DIVISION ROAD, QUEENSBURY (TAX MAP NO.: 308.15-1-53.2) BOARD OF HEALTH RESOLUTION NO. 34,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury's Director of Building and Codes (Director) and Local Health Officer previously advised the Town's Local Board of Health that there was a large amount of junk and debris inside the home and around the property owned by Thomas St. John located at 10 Division Road in the Town of Queensbury (Tax Map No.: 308.15-1-53.2) and therefore, in the Director's opinion, the property and home constitute a public health hazard and nuisance to the neighborhood and are unsafe to the general public and therefore recommended that the Board of Health take action if the property owner failed to clean-up the home and property, and WHEREAS, on May 20th, 2002, the Local Board of Health declared the home and property to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and ordered Mr. St. John to commence cleaning-up the home and property, and WHEREAS, the Local Board of Health held a hearing concerning the home and property on June 3rd, 2002 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, and WHEREAS, the Director has advised the Local Board of Health that he has again inspected the home and property and Town Building and Grounds personnel have cleaned-up the property but Mr. St. John has not yet cleaned-up the interior of the home, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that Thomas St. John has not commenced cleaning-up the interior of the home located at 10 Division Road, Queensbury, such home being a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and BE IT FURTHER, RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New York Public Health Law, hereby orders Thomas St. John to abate the nuisance and health hazard by cleaning up the garbage and debris in the home within three (3) days of the date of service of this Resolution and Order upon Mr. St. John and Principal Residential Mortgage and posting on the home, and BE IT FURTHER, RESOLVED, that if the nuisance is not abated within such time, then the Local Board of Health hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to clean-up the home immediately in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, that in accordance with the New York Public Health Law, Thomas St. John is responsible for the clean-up expenses and the Local Board of Health may authorize and direct Town Counsel to commence an action seeking a Court Order authorizing the clean-up and/or collection of the cost of the clean-up, including legal expenses, if necessary. Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec DISCUSSION - HEALTH HAZARD - PROPERTY OWNED BY BURT QUACKENBUSH LOCATED AT 9 OHIO AVENUE - TAX MAP NO.: 309.13-1-64 MR. HATIN, Director of Building & Codes-Again, this is extremely similar to 10 Division Road. Basically, the house has been abandoned by the owner last fall from what I understand from Joe Lombardi who seized the animals out of the house, out of the mobile home. The inside doesn't appear to be a problem from what I can see from the outside but the outside of the property, there's garbage, rubbish, and some other things. I did talk to Chuck before I left today, he's willing to send his crew over there tomorrow or Wednesday to, if you want to do the same thing as we did with Division Road, order the outside to be cleaned up by our grounds crew and I think this one, we'll just let the bank take care of the rest because I don't see any issues with the inside of the home, right now, anyway. COUNCILMAN BREWER-Do you have pictures that? MR. HATIN, Director of Building & Codes-Yes, I do. (distributed pictures to the board members) SUPERVISOR BROWER-Any questions for Dave at this time, Board Members? Do I have a motion? COUNCILMAN BOOR-I'll make a motion. SUPERVISOR BROWER-Moved by Councilman Boor. COUNCILMAN TURNER-Second. SUPERVISOR BROWER-Seconded by Councilman Turner. Further discussion? COUNCILMAN BREWER-To clean up tomorrow, you mean, or Wednesday, is that what we're going to do? SUPERVISOR BROWER-Clean up the outside, the garbage, yea. COUNCILMAN BREWER-The outside. SUPERVISOR BROWER-As soon as possible. Hearing no further discussion, let's vote. RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING CONCERNING PROPERTY OWNED BY BURT QUACKENBUSH LOCATED AT 9 OHIO AVENUE (TAX MAP NO.: 309.13-1-64) BOARD OF HEALTH RESOLUTION NO. : 35,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has advised the Town's Local Board of Health that he has received a complaint about a large amount of garbage and rubbish about the property owned by Burt Quackenbush located at 9 Ohio Avenue in the Town of Queensbury (Tax Map No.: 309.13-1-64), and WHEREAS, the Director has investigated and inspected the property and has advised that there is a large amount of garbage, junk and debris around the property and therefore, in his opinion, the property and mobile home constitute a health hazard and nuisance to the neighborhood and are unsafe to the general public and therefore the Director strongly recommends that the Board of Health take action if the property owner fails to clean-up the property and mobile home as more specifically set forth in the Director's letter dated May 23rd, 2002, and WHEREAS, Robert L. Evans, D.O., the Town's Public Health Officer, has advised the Town by letter dated May 29th, 2002 that in his opinion the property and mobile home constitute a public health nuisance and therefore has recommended that the property be cleaned up and the garbage and debris removed immediately, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Burt Quackenbush bearing Tax Map No.: 309.13-1-64 and located at 9 Ohio Avenue, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and therefore the garbage, junk and debris should be removed from the property, and BE IT FURTHER, RESOLVED, that the property owner shall immediately commence cleaning-up the property unless good cause is shown by Mr. Quackenbush or other interested persons whereupon the Town Board shall consider a time extension, and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health shall conduct a hearing concerning the property on June 17th, 2002 at 7 :00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the New York Public Health Law. Duly adopted this 3rd day of June, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT Mr. Stec RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 36,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 3rd day of June, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES: None ABSENT: Mr. Stec TOWN BOARD REGULAR SESSION PUBLIC HEARING - CAPITAL IMPROVEMENT PLAN NOTICE SHOWN 7:30 P.M. SUPERVISOR BROWER-This is a resolution authorizing the adoption of the Town of Queensbury's 2002 Capital Improvement Plan. We set the public hearing at our last Regular Town Board Meeting and this is an opportunity for members of the public to come forward and comment on the proposal. Would anyone care to address the board regarding the Capital Improvement Plan? MR. JOHN STROUGH-John Strough, Queensbury. The Capital Improvement Plan. The concern that I have is that we've placed the Main Street and all the improvements for Main Street right at the top of the list. It's a project that I think is a wonderful project and I think the Town Board agrees and have been very supportive of the Main Street project. But with the landscaping and architectural design standards that are going to be along there and sewer and new water line and a widened road and sidewalks, limited curb access, tying in the parking in the rear, are all great, great elements of what I consider to be excellent community planning and I think Chris Round deserves credit for providing the direction there. But I'd like to see that project put right at top of the Capital Improvement list. The one thing that concerns me is the bearing of utilities and how we're going to fund that. I think that, you know, you can't go halfway with this project, I think you've got to go all the way. You've got to make it a gem, a feather in your cap and I think it will be. But I don't want to get there and I mean there, I mean I think it's about a year from now that they're planning on doing a go with this Main Street widening. So, a year goes by pretty fast and if we've got to set up some kind of a district to finance the bearing of the utilities then we probably ought to get under way real quick. If we're going to get some kind of outside funding for that, I definitely would like to see that happen so that's why I'm saying, I'd like to see that put at the top of the Capital Improvement project list. I just finished reading the report by Glens Falls Queensbury Smart Growth Committee last night and they also are backing, you know, the whole plan and they mention specifically bearing the utilities, is the thing that they felt was very important, not for aesthetic reasons but for safety reasons. Now, I mention the Glens Falls Queensbury Smart Growth Committee, they also mentioned that they'd like to see this Main Street project continue right into the City and I didn't know, I thought I might ask tonight, has Glens Falls shown any concern inO continuing this plan into their city that you know of? COUNCILMAN TURNER-Well, when they first talked about it, you know, they talked about going as far as Stewarts, right at that y. So, that would take it from Thomas Avenue to Stewarts but they've never gone any farther then that. They haven't even addressed it. COUNCILMAN BOOR-To like One Broad Street, you're talking about? COUNCILMAN TURNER-Yea. MR. STROUGH-Chris, have we communicated with them on this? MR. CHRIS ROUND, Executive Director-Yes, I can answer the question. Yes we have. The city's fortunate now, they've got some additional staffing, they've got Jim Martin as their Economic Development Director and they have Ed Hernandez in their Engineering Department. I've met with them several times and their advocates that the city ask for similar treatments as to what Queensbury's asking for and I don't know whether they're going to hire a design firm to do that or whether they're going to wait. I think they'll probably wait until a preliminary design for the highway comes out and that's when there's an opportunity for public comment on what the highway looks like, to ask for many of the same things that we've been asking for. But they are, it is on their list. MR. STROUGH-Well, that's good news. They may continue it after we get a good start on it, you mean? MR. ROUND, Executive Director-Yea. MR. STROUGH-Yea, that's good. Yea, because not only is it a gateway to Queensbury, Exit 18 but you know, it's the main gateway from at least the Northway into the city and I'd like to see that look good all the way down. But I think it's a great project and I just want to see the importance, the proper importance given to it by asking you if you'd set it very high on that Capital Improvement list, okay. SUPERVISOR BROWER-Well, it is John and part of that reason obviously is because of the construction has been delayed a little bit to the fall 2003, the start of the construction but by the same token, a lot of these things have to be coordinated with the highway project, the water, the sewer, infrastructure, the underground power and of course, the underground power is the link we're still looking to connect. We're going to try to lobby our legislatures and certainly our senator and assemblyman and congressman and see if we can indeed come up with funding for that. MR. STROUGH-Well, and that's great but you know how one month rolls into the next month and then all of a sudden, you know, we should have started on this sooner. So, that's why I thought I mention it. SUPERVISOR BROWER-Well, unfortunately, the town is not able to pay for underground improvement ourselves. MR. STROUGH-I know but the other methods of getting it done, I wouldn't want to see us SUPERVISOR BROWER-Right, certainly we'd like to see a grant or some type of funding established for that. Chris, I don't know if you have anything further to add on that underground utility but. MR. ROUND, EXECUTIVE DIRECTOR-No, I think, it's something, I think John attended, our workshop last Wednesday on the Main Street plan and it's going to take some creative problem solving to get, to fund those utilities and one of them, you mentioned it, the support of the State and Federal Government for funding. But Bob and I met, as a follow up to Wednesday nights meeting and we put our head together and we've got a couple ideas about how to do that and we'll be back to you with some creative solutions, I think. MR. STROUGH-But I thought that was an excellent presentation last Wednesday. I wish there was more of the public here especially to see the arguments for burying the utilities and showing the computer picture renditions of what the street looks like without the utilities, what the street looks like with utilities and the other amenities that comes with, I think it's an excellent plan. So, anyhow, I'd just like to see it a go and thank you for listening. SUPERVISOR BROWER-Thank you, John. Would anyone else care to address the board at this time on the Capital Improvement Plan during our public hearing? Mr. Tucker, good evening. MR. PLINEY TUCKER-Pliney Tucker, Division Road. My first question, how much money have we got, Henry? MR. HENRY HESS, Comptroller-The money in the bank, I think it was, the plan was funded with three point five million dollars but that's not necessarily cash to be spent on these projects. It's leverage money to seed the projects that rise to the top. MR. TUCKER-I see several projects on here, water and wastewater, which are special districts, how are these projects going to be handled as far as the special districts are concerned, the financing? SUPERVISOR BROWER-Well, we have Mr. VanDusen here. Typically, we would, in some cases the up front funding has to be done by the town and then of course it becomes a district charge for water or sewer. Ralph, I don't know if you have any further input that you would like to add? MR. RALPH VANDUSEN, Water/Wastewater Superintendent-I guess some of the projects are within the boundaries of current districts and that could be done via the annual operating budget, fund balance, borrowing, it's a case by case basis... MR. TUCKER-So even though we have this Capital Improvement Program, anything pertaining to your districts will be done in the normal procedures. MR. VANDUSEN, Water/Wastewater Superintendent-Certainly the ranking within this would help assist the priority of them, it's the financing would have to be independent. SUPERVISOR BROWER-And another thing, we try to coordinate water line replacement and sewer line replacement with road reconstruction so that we're not putting the water and sewer in first and then tearing the road up later. MR. TUCKER-Yea. Along John's lines with the Main Street Extension, does Niagara Mohawk have an easement to put power poles in public right-of-way along the Corinth Road? I understand that they don't have an easement there and I was told one time that if the town and county requested that they remove them, they'd have to remove them and it would be their problem to service the people along it. SUPERVISOR BROWER-Well, one of the possible suggestions is to have a local law that requires underground power along the corridor. That was one of the suggestions that had been developed in the Main Street study. Certainly, NIMO or the predecessor has a responsibility to pay for whatever costs they would incur in having to move their utility poles on the corridor and what that exact cost is, I don't know. We had an estimate certainly, in last weeks plan, as you saw. MR. TUCKER-I remember that but it just bothers me a little bit that the power company, whoever it may be, is a public corporation, and the taxpayers have got to foot the bill because we need to expand a road that belongs to the taxpayers and their poles and lines are on property that belong to the taxpayers and it just bothers the hell out of me that we've got to subsidize that. And I was told by the chairman, the previous Chairman of the Warren County Board of Supervisors, a year and a half or two years ago, that if they didn't have an easement to put their lines along that road, that we could require, the public could require that they remove them and whatever expense it would cost for them to service would be their expense. COUNCILMAN BREWER-But then wouldn't we have to give them an easement to put them underground? MR. TUCKER-No, it would be their expense to put them underground. COUNCILMAN BOOR-They'd have to put them in an easement. COUNCILMAN BREWER-Yea but how would they get that easement to put them underground? MR. TUCKER-Well, we can give them an easement then, couldn't we? COUNCILMAN BREWER-Yea, I guess. COUNCILMAN BOOR-We'd have to and we will have to. MR. TUCKER-Yea, well, you could give them an easement but we haven't got to give them tax money, taxpayers money to get it done, I don't believe. Of course, they may raise your light bill if you make them pay for it but they'll raise mine too. COUNCILMAN BREWER-Yea, bottom line is, they're not going to pay for it. COUNCILMAN BOOR-That's a given. MR. ROUND, Executive Director-My comment is, it's not as simple as an issue as we'd like it to be and it's, I understand it's not an easement. The county, it's a county road so it's a county issue, number one, but the county has looked into what exactly is the right of the utility company to be in the right-of-way. And I don't know if the attorney will comment but it's a franchise agreement, it's a contractual relationship between the utility company and the county and there are terms, it's not an easement or a right-of-way like you see transmission lines that cross private property, it's a special relationship between utility companies and municipalities and how, what rights that they have to do to occupy the road. And that's something we looked at early on or asked the county to look in on early on and it's not something that we can, we don't have a strong leveraging position as you or I would like to have with utility companies and we share the same frustration. MR. TUCKER-So, they've got their foot in the door and we can't get it out, right? MR. ROUND, Executive Director-They have certain rights to maintain their utilities within that right-of- way. MR. TUCKER-Thank you. SUPERVISOR BROWER-Thank you, Mr. Tucker. Would anyone else care to comment during the public hearing? MR. HESS, Comptroller-I'd like to make a comment to a question Mr. Tucker raised about the plan and about the money that is put aside for the plan and I think it's important for everybody to realize, although we said it before when we were introducing this, we've had several meetings on it. But the fact that the plan is being adopted doesn't approve any of the individual projects that are on the plan. They still have to go through, all of them have to go through the normal process whether it's a special district or from the general fund or for the Highway, they still have to be, they still have to emerge from the department, be recommended, come up with a budget and a funding plan, it has to be approved by the Town Board, subject to a public hearing before anything takes place. So, the plan, really the intent of this is to highlight the needs of the, the capital needs of the town for the next five or seven years so that we're in advance, planning in advance of them rather then behind the eight ball. You know, we're looking ahead. So, the money doesn't equate to the projects necessarily and the projects don't necessarily, won't necessarily be done in the time frame in which they're earmarked on the plan. It's a planning tool and how much cash is in the bank really won't, won't influence when these things are done. They'll be, the budget will be dependent upon other financing sources such as debt, annual appropriations, revenue generated by the project, grants or other sources. SUPERVISOR BROWER-Thank you, Henry. Okay, any further comment from the public? Mr. Sipp? MR. DON SIPP-Don Sipp, Courthouse Drive. Project number 8, it says, bike facilities, town wide with a price tag offorty-five thousand eight hundred, is there, are there definite plans or is this just a fund that would be used, is there a plan for definite bikeways? SUPERVISOR BROWER-Well, there have been discussions right along about extending the bikeways within the town and the town had a plan of considering Sherman Avenue initially and yet the utility poles were pretty close to the road along Sherman. So, the revised plan is to consider Luzerne Road for additional bike access on the west side of the town. But we're looking at town wide, trying to improve the ability for people to get around on bikes or walking or however. You'll notice Quaker Road when it was repaved, is paved a much wider limit so that it enables greater bike access down the main artery on the side of the road. Along with, of course, the Warren County bike trail, we feel it's important to try to interconnect bike routes wherever possible within the town and it is a goal to achieve a better level of service for pedestrians and bicyclers in the future. But it may take a period of years to, you know, it won't happen all at one fell swoop but it will happen over time, we hope. MR. HESS, Comptroller-I'd just like to repeat again that that's a project on this list, that project is not being adopted, it's not being funded, it's not being executed. Before anything is done on it, before any money is spent, it will be a project that comes from somebody with a budget and with a plan and it will be adopted by the Town Board subject to a public hearing. So, the fact that we're adopting this, this plan doesn't necessarily adopt or specifically does not adopt any project including the bike trail project. SUPERVISOR BROWER-I think the beauty of that too Mr. Sipp is that enables the public whenever a department manager comes forward with aspects of this Capital Improvement Plan they'd like to implement, we'll have public hearings so we'll give people the opportunity to comment on each project as it's coming forward. So, it's not like you're approving the spending of whatever the total investment here is, millions of dollars all at one time. It's just that, you approve the concept of planning in advance, you understand that there was a process, there was weighted objectives that the committee members weighed, that town managers weighed in coming up with this plan and that Town Board members were comfortable with it and we want to make sure the public is comfortable with it. MR. SIPP-I assume the same thing applies to number 58, the Meadowbrook which the Michael's Group property donation and then extend it out as a possible swimming pool, is this in conjunction with ACC? COUNCILMAN BREWER-It could. MR. SIPP-Could be? COUNCILMAN BREWER-It could be but there is no specific plan at this point. SUPERVISOR BROWER-Yea, we don't have an actual plan in place. MR. SIPP-Indoor pool obviously. SUPERVISOR BROWER-But there's a concept out there that the Recreation Commission has and of course they would have to move that forward when they're prepared and we'll obviously have workshops. MR. SIPP-Alright, thank you. SUPERVISOR BROWER-Thank you very much. Anyone else care to comment on the Capital Improvement Plan at this time? Hearing none, I want to thank you for your input and I'll close the public hearing at this time and ask board members if they have further comment? PUBLIC HEARING CLOSED 7:50 P.M. RESOLUTION AUTHORIZING ADOPTION OF TOWN OF QUEENSBURY 2002 CAPITAL IMPROVEMENT PLAN RESOLUTION NO.: 245, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with the Town of Queensbury's Capital Improvement Plan Policy, the Queensbury Town Board wishes to a adopt a Capital Improvement Plan (CIP) for the Town of Queensbury for the year 2002, and WHEREAS, the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed CIP, and WHEREAS, the proposed CIP has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs adoption of the Year 2002 Capital Improvement Plan for the Town of Queensbury as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to distribute copies of the CIP to all Departments and take such other and further action as may be necessary to implement the CIP and effectuate the terms of this Resolution in the manner provided by law. Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec BEFORE VOTE: SUPERVISOR BROWER-Well, I just want to thank everyone involved in this process. I think this is probably one of the more important pieces of work our Town Board has achieved over the last couple of years. Certainly it sets frame work and guide lines for capital investment in the town in the future and I think it's going to help us move along that path. Certainly it involved a planning process by each town manager. They had to indicate when the project, they felt the project would occur, what the benefit was, potential funding sources. So, I'm very pleased with this program and I want to thank everyone involved. With that, let's vote (vote taken) OPEN FORUM 7:50 P.M. MR. TUCKER, Division Road-Questioned Resolution 6.8, 'Resolution Authorizing Agreement Between the Town of Queensbury and Warren County for Maintenance and Construction of County Roads'? SUPERVISOR BROWER-Noted that he's proposing to pull that resolution until discussing this resolution with Highway Superintendent Rick Missita. MR. JOHN SALVADOR-Noted that his wife had previously requested information regarding Crandall Library in preparation of their upcoming budget and questioned whether Mr. Hess had prepared that information MR. HESS, Comptroller-Noted that he had contacted the library and got the information that's available to us now which is the membership and usage from the year 2000. I have that in the file but it's incomplete because the assessment is based on that and in combination with assessed values and the assessed values for the current are not done. But we are gathering data and expect to be able to audit their budget numbers, their budget distribution when it comes out. MR. SALVADOR-With regard to library membership, can we start to build a trend on how this relationship is, how it's compared from community to community? MR.HESS, Comptroller-Yes and I apologize because I had said that I would try to have something trended for that for tonight and I just have been involved with other things and didn't do it but I will have that information to make sure it's distributed the next time around. MR. SAL V ADOR-(read the following letter into the record addressed to the Commissioner of New York State Taxation and Finance from the Board of Directors, Queensbury Regional Chamber of Commerce, President, John Salvador on May 13th, 2002) Dear Commissioner, We find it necessary to communicate the long standing concerns of many of our members and more recently our Board of Directors as these relate to amusement park collection and remittance of the NY State Sales Tax. We have been aware for some time that in certain instances the charges for "rides" at a place of amusement are subject to sales tax as clearly outlined in your Department's Taxpayer Services Division's Technical Services Bureau TSB-M-87 (l5)s dated November 13, 1987. It is often proclaimed that "rides are not taxable"! As we see it, rides are sometimes taxable - depending on whether or not the charge for use of "rides" is separate from any general admission charge. Being a very popular tourist area where amusement parks offer "rides" day and night, our membership is of the mind that some amusement parks may not be charging sales tax on "rides" simply because of the perception that "rides" are not taxable. Some of these same amusement parks do not charge a separate admission fee; rather the admission charge is part of the pay-one-price ticket. The Great Escape, for instance, has sold a pay-one-price adult ticket for $32.00 stating on the ticket stub that the admission fee is a mere $2.80 and the sales tax being paid by the attendee is $.20. The $32.00 pay-one- price ticket allows the attendee almost unlimited use of "rides". There are some specialty rides within the Great Escape Amusement Park for which there is an extra charge. Although we are aware of the amount of sales tax collected from each attendee, we are not privy to what the Great Escape actually may have remitted to the State for the sale of a pay-one-price ticket for $32.00. In this regard, we would ask the Department for confirmation that the Great Escape does, in fact, remit a full 7% (Warren County Sales Tax levy) on these pay-one-price tickets sold. State and local government operating budgets are being strained to the limits. There is much talk in our community about tax increases and even new taxes. Collection and remittance of legally required sales taxes on amusement park "rides" could go a long way toward alleviating the budget strains and forestall the day when increased and/or new taxes become necessary. Your earliest attention to this matter would be greatly appreciated. Thank you. Yours Truly, John Salvador, Jr. President (letter on file in Town Clerk's Office) MR. SALVADOR -Noted that they have yet to hear anything but promised to follow up on this issue... Anything the town can do to help in this regard, we think is essential. . . SUPERVISOR BROWER-Noted that he spoke with Assemblywoman Betty Little regarding this issue, and she indicated that she will look into this. . . MR. SALVADOR-Referred to the Lake George Park Commission and their intent to increase their fees by fifty percent and noted concern regarding the fact that they don't have their funds going into a trust fund, as previously required in the legislation... We have determined that in fact the Lake George Park Trust Fund has never been created and to this end we have tried to audit this trust fund, we communicated with the Office of Comptroller in 1999... We can not get answers on this... Somehow, someway we're going to get to the route of this problem too but be aware that we're pursing that as well. MR. HESS, Comptroller-Referred to the sales tax revenue and noted that in response to the concerns that have come up over the past number of months, he did visit with the Deputy County Treasurer, Anne Dressel and spoke to her about the county's procedures for auditing revenue... While she acknowledges that there may be some errors in that, and several years ago, they went back and took a business list and tried to correct some errors that were there. What she found was that there are some errors but they generally occur both ways so they're offsetting. But they do a periodic review of that and she feels very confident that the collections for Glens Falls and the county outside of Glens Falls are very accurate and I felt that her assurance was justified. OPEN FORUM CLOSED 8: 10 P.M. RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF PARCEL OF LAND LOCATED AT END OF FIFTH STREET EXTENSION FROM LARRY CLUTE RESOLUTION NO.: 246, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Town resident Larry Clute has generously offered to donate to the Town of Queensbury a parcel ofland located at the end of Fifth Street Extension designated as Tax Map No.: 131- 8-22, and WHEREAS, the Town Highway Superintendent has evaluated the parcel and feels that acquisition of the property would help improve the end of Fifth Street and its intersection with Richard Street as it would allow for a normal perpendicular intersection rather than the current angled intersection and therefore recommends that the Town accept the parcel, and WHEREAS, the Town Board agrees that acquisition of the parcel will benefit Town residents and therefore the Board wishes to authorize acceptance of the parcel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts for Town highway purposes, the transfer of a portion of the parcel designed as Tax Map No.: 131-8-22 located at the end of Fifth Street Extension as more particularly described in a metes and bounds description prepared by VanDusen & Steves for the Town, from Larry Clute to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor's Office to send a copy of this Resolution to Larry Clute with its thanks for Mr. Clute's generosity in donating the parcel to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to prepare and the Town Supervisor to execute any and all documents necessary to complete this transaction including a Deed, Real Property Transfer Report and Capital Gains Affidavit in form acceptable to Town Counsel and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 247, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as follows: HIGHWAY: FROM: TO: $ AMOUNT: 04-5130-1310 (Parts Clerk) 04-5110-1002 (Misc. Payroll) $ 9,893.00 PERSONNEL: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1430-4220 (Training & Ed.) $ 2,000 Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec Town Board held discussion with Mr. Hatin, Director of Building & Codes regarding the following proposed resolution, it was recommended and agreed by the board to change the proposed local law to read from two feet to one foot as the minimum standard, which is recommended by DEC. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER 91 ENTITLED "FLOOD DAMAGE PREVENTION" RESOLUTION NO.: 248, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury participates in the National Flood Prevention Insurance Program (NFIP), and WHEREAS, the Federal Emergency Management Agency (FEMA) has revised its Flood Insurance Rate Map and as such to remain eligible for participation in NFIP, the Town is required to adopt amendments to its floodplain management regulations, and WHEREAS, the New York State Department of Environmental Conservation Bureau of Flood Protection further recommends that the Town's floodplain management regulations add additional measures of safety by requiring that elevations required by local law exceed NFIP minimum standards, and WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2002 to amend Queensbury Town Code Chapter 91 entitled "Flood Damage Prevention," which Local Law would provide for the updating of the Town's floodplain maps as required by the Federal Emergency Management Agency (FEMA) and provide additional insurance benefits for the public by increasing requirements for flood elevations within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7 :00 p.rn. on June 17th, 2002 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2002 in the manner provided by law. Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION APPROVING YEAR 2001 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 249,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2001 Standard Year End Administration Services for the Town's Volunteer Ambulance Workers Service Award Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Emergency Squad's Year 200 I Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the Bay Ridge Rescue Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2001 Volunteer Ambulance Worker Service Award Program Records for the Bay Ridge Rescue Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING HIRING OF SUSAN SHEEHAN AS WATER TREATMENT PLANT OPERA TOR TRAINEE RESOLUTION NO.: 250, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Water Superintendent has advised the Town Board that there is a vacant full-time Water Treatment Plant Operator Trainee position in the Water Department, and WHEREAS, the Water Superintendent reviewed resumes, interviewed interested candidates from the existing Warren County Civil Service List (Exam No.: 211) and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water Superintendent to hire Susan Sheehan as a full-time Water Treatment Plant Operator Trainee effective June 4th, 2002 subject to an eight month probation period, and BE IT FURTHER, RESOLVED, that Ms. Sheehan shall be paid the hourly rate of pay listed for the Water Treatment Plant Operator Trainee position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2002 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. TO PROVIDE CONTRACT ADMINISTRATION SERVICES CONCERNING ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS RESOLUTION NO.: 251, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Executive Director of Community Development has recommended that the Queensbury Town Board engage C.T. Male Associates, Inc., to provide contract administration services to the Town in connection with the Routes 9 and 254 traffic improvement project, such services to include assisting the Town in preparing a scope of work, the consultant selection process, negotiating a fee and overall administration of the project, and WHEREAS, c.T. Male has offered to provide these services for an amount not to exceed $6,500 as delineated in C.T. Male's Proposal dated March 25th, 2002 and presented at this meeting, and WHEREAS, the Executive Director of Community Development has advised the Town Board that the fees payable to C.T. Male are reimbursable to the Town from the New York State Department of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of C.T. Male Associates, P.c. for the services referred to in this Resolution for an amount not to exceed $6,500 to be paid for from the Engineering Service Consultant Fees Account No.: 001-1440-4720, with the expectation that the New York State Department of Transportation will reimburse the Town for such costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Executive Director of Community Development, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION AWARDING BID FOR 2002 COMBINATION DUMP BODY WITH PLOW, WING AND ALL NECESSARY HYDRAULICS AND ATTACHMENTS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 252, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of a 2002 Combination Dump Body with Plow, Wing and all necessary hydraulics and attachments (Dump Body) as specified in bid specifications previously prepared by the Highway Superintendent and/or Purchasing Agent and WHEREAS, Arrowhead Equipment, Inc., submitted the only and therefore lowest responsible bid for the Dump Body in the amount of $56,589 and the Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid to Arrowhead Equipment, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for a 2002 Combination Dump Body with Plow, Wing and all necessary hydraulics and attachments to Arrowhead Equipment, Inc., for an amount not to exceed $56,589 to be paid for from Highway Heavy Equipment Account No.: 04- 5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec Resolution 6.8, Resolution Authorizing Agreement Between the Town of Queensbury and Warren County for Maintenance and Construction of County Roads was pulled for further discussion with the Highway Superintendent. . . RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION OF CURBS ON COOLIDGE AVENUE RESOLUTION NO.: 253,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Town of Queensbury funds have been appropriated in Account No.: 004- 5410-4478 for the purpose of the construction and replacement of curbs, and WHEREAS, the Town's Highway Superintendent wishes to prepare a Request for Proposals (RFP) to distribute to qualified contractors for design and construction services of curbs on approximately 509'(:!:) of the south side and approximately 114' (:!:) of the north side of that portion of Coolidge Avenue located within the Town of Queensbury, and WHEREAS, the Town Board wishes to solicit proposals for these services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's Highway Superintendent and/or Purchasing Agent to prepare and distribute a Request for Proposals for design and construction services of curbs on approximately 509'(:!:) of the south side and approximately 114' (:!:) of the north side of that portion of Coolidge Avenue located within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent and/or Purchasing Agent to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of June, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec Resolution 6.10, Resolution Authorizing Amendment to Town of Queensbury Safety Initiative Policy and Appointing Fire Marshal Steve Smith as Town Safety Officer was pulled for further discussion with the Safety Committee. . . TOWN BOARD DISCUSSION COUNCILMAN BREWER referred to the assessor issue with the city and the memo from Henry and questioned the status. SUPERVISOR BROWER noted that there should be a resolution on the agenda for the June 17th Regular Town Board Meeting. COUNCILMAN BREWER noted that he's been in contact with Mr. Hansen regarding the park proposal that was discussed last week who indicated that it's the Town Board's call for the Recreation Assessment Account money so that issue is pretty much a dead issue as far as where we're going to get it. .. I met last Friday with Harry, the county and Feeder Dam Alliance, we discussed the plans and we drew up a list of things we want done and we're going to meet with the contractor Friday morning, ten o'clock that you're welcome to attend, at the site... The contractor is going to get us a price and hopefully we can get it going... I forwarded the contract to Orion Power, there's a couple of minor changes... Hopefully, if we can get this done, maybe we can have a resolution by the 17th. SUPERVISOR BROWER requested to review this at the workshop on the 10th and Counsel Hafner stated that they'll have the draft agreement available to review for the board as well. OLD HOWARD JOHNSON'S SITE MR. HATIN, Director of Building & Codes-I read the board minutes today from all the meetings, there were several discussions in which Mr. Lapper and Mr. Orlando promised to do some type of shrubbery and make it aesthetically pleasing. It is referenced in the resolution that they will undertake some type of aesthetic repair but it doesn't really specify. My thoughts were when I left that meeting, that they were going to topsoil and seed it and maybe put some shrubbery in front of the building. As you see it, it's just sand. COUNCILMAN BOOR-Well, that's certainly what I would prefer to see. I'm not sure where we can go with it if it's not in the resolution itself but if they're on record as saying they would, we can get them to do something. MR. HATIN, Director of Building & Codes-I've got the minutes right here and I can refer to the minutes if you'd like. COUNCILMAN BREWER-Did you meet with them today? MR. HATIN, Director of Building & Codes-I met with the roofer today, we went through the building and the front half of the building, if you know where the pool area is, the two story, half of it was between the Blacksmith Shop and the pool area, seventy-five percent of the roof is leaking, seventy-five percent of the room, the roof is leaking. So, to me it's a ludicrous repair but the gentleman said he'll be willing to do it two weeks from the date he gets the okay from Pyramid. COUNCILMAN BOOR-Are they aware that this isn't, I mean, if it, I can't speak for the board but if they do like something that lasts for two months, you know, we're going to come back and if it's leaking, they're going to have to continue to repair this. MR. HATIN, Director of Building & Codes-Well, we've also got an issue too, that there's been more water damage since, in the three months because the holes, all they did was throw plywood over them, some plastic so they still continue to leak. Now, we have more damage in the building. There's also, I found combustibles in the building still today. I took pictures today, unfortunately COUNCILMAN BREWER-You found what? MR.HATIN, Director of Building & Codes-More combustibles in the building today, you know, cardboard boxes and stuff that I had asked them to remove was still there. COUNCILMAN BOOR-We need to send a strong message and I don't know what the appropriate way to do this is. MR. HATIN, Director of Building & Codes-It doesn't, the only time anything seems to get done, is, I talked to you last week through a letter and I communicated with Dennis on Friday and when we talked to Bob Orlando and now all of a sudden, the roofer is there today. SUPERVISOR BROWER-Well, when I called Bob, he called me right back and left a message for me that he was having a roofer, they had gotten the bids, roofer was coming in, they were meeting with you and so it sounded to me like MR. HATIN, Director of Building & Codes-And the guy was there today to give them the bid. SUPERVISOR BROWER-They had taken fast action. COUNCILMAN BREWER-Yea, it's the same old thing, you know. It's like the guy with the septic system. COUNCILMAN BOOR-Yea, they just don't come, they never come through. COUNCILMAN BREWER-We just give them forever. We ought to just put our foot down and say, look, do it by this time or you're going to court and we did that I thought in February. COUNCILMAN BOOR-I mean, we keep saying that and then we don't back it up. COUNCILMAN BREWER-And here it is June. MR. HATIN, Director of Building & Codes-I'll push as hard as you want me to push. I don't have a problem with it. COUNCILMAN BREWER-Well, as hard as you can. SUPERVISOR BROWER-The shrubbery issue is not in that resolution that we passed so I don't know what our legal COUNCILMAN BREWER-I'm not concerned about the shrubbery. SUPERVISOR BROWER-I don't know what our legal rights are on that. MR. CRAIG MACEWAN, Planning Board Chairman-May I make a suggestion? SUPERVISOR BROWER-Yes, Craig. MR. MACEWAN, Planning Board Chairman-As you're aware, the Mall is back in front of the Planning Board seeking modification for some expansions, I would encourage you guys if you have a laundry list of things you want incorporated in it, I think there's probably a way in means that we could incorporate it in any Planning Board approvals to assure that what you want done will get done. COUNCILMAN BOOR-That would be great. COUNCILMAN BREWER-We can't do that, can we? MR. MACEWAN, Planning Board Chairman-I think there's a way to do it, isn't there? I mean we can make it contingent upon passing, I would think of, any Town Board resolution. I mean, you had a resolution you said prior to wanting the site cleaned up. COUNCILMAN BREWER-You mean the one we did in February, you mean? MR. MACEWAN-Right. TOWN COUNSEL HAFNER-You have to comply with the existing Town Board resolution? COUNCILMAN BOOR-Yea, before TOWN COUNSEL HAFNER-That doesn't sound like much ofa stretch. COUNCILMAN BOOR-No, before you even entertain an application. TOWN COUNSEL HAFNER-I mean, you've got to be careful about things that are outside but this is something they've already agreed to. MR. MACEWAN-But this is all, I mean it's a modification to the mall, the mall's all one site. SUPERVISOR BROWER-What about the shrubbery and stuff in front of the building, is that COUNCILMAN BREWER-I don't much care about the shrubbery. TOWN COUNSEL HAFNER-I thought that they had said verbally COUNCILMAN BREWER-They said they were going to seed it. TOWN COUNSEL HAFNER-That they would put blacktop and seeding and they would put MR. HATIN, Director of Building & Codes-Would you like me to get the minutes, I've got it marked as to exactly what did they say? SUPERVISOR BROWER-Yea, if you've got them, Dave. TOWN COUNSEL HAFNER-And I thought that that was incorporated. MR. ROUND, Executive Director-Regardless to whether it's a formal part of your resolution, I think, if you ask, they, and make a strong demand, they're going to deliver because they do have projects in front of the town. They are making other requests, Empire Zone designation was something that's been brought up. They're going to do what you tell them to do and I think ,what Dave, hasn't had a clear direction and if you tell us, this is what, the message you want to send, then we'll send the message and if we have problems with enforcement, we'll take the necessary actions. COUNCILMAN BOOR-But I had brought this up the last Town Board meeting and I believe somebody said, no, we can't ask the Planning Board to not look it, and I don't know where it came from down there but that was said. Now, is that correct or no? TOWN COUNSEL HAFNER-You have to be very careful about the Planning Board bringing in outside issues that aren't related to their current thing but I would think asking them to comply with the existing resolution that they've already agreed to and contractually by the letter that they have sent us agreed to do, it's not much of a step. COUNCILMAN BOOR-I thought that's what I had said, maybe I didn't word it as eloquently as you just did but that's what I thought I, I intended to say was if they can't, if they're not complying with what's already been requested and agreed to, I don't know why we continue down the road granting them more and more stuff. I mean, it's MR. ROUND, Executive Director-But I think, Roger, you've got that power right now. You've got a resolution that they're not complying with, you have every, you have more power then the Planning Board does and if you direct Dave to send the message, Dave will send the message and they'll comply with whatever requirement they have to. COUNCILMAN BREWER-But in what kind of a time fashion? COUNCILMAN BOOR-Yea, I know it, that's the thing. COUNCILMAN BREWER-That's the key issue we have here. COUNCILMAN BOOR-It doesn't get done, we keep saying do this and it doesn't get done. MR. ROUND, Executive Director-Well, we do it every day, people don't comply. MR. HATIN, Director of Building & Codes-Yea, I guess there's two ways to proceed here and legally, I'm not sure which is the right one because a typical court summons is not something that comes out of an unsafe structure action, that's how I usually would handle something like this. Now, this is a Town Board Order and to enforce the Town Board Order, I would think it would take a legal action through a Judge rather then a court sununons. TOWN COUNSEL HAFNER-The safest way to enforce that would be to go to Warren County Supreme Court to, similar to an injunction. MR. HATIN, Director of Building and Codes-I mean, the Mall has been copied on every letter to the board so they're aware of everything. MR. ROUND, Executive Director-Again, a letter from the Town Attorney is pretty forceful. TOWN COUNSEL HAFNER-We'll be glad to write to them and we'll work with Dave to write the letter, follow up. I mean, substantially, I think they have done the big issues that were in there. I mean, the things that you're talking about are the more minor ones and we can follow up with it. MR. HA TIN, Director of Building and Codes-The roof repair was a fairly substantial one. SUPERVISOR BROWER-I think they painted the side of the building as well which was part of the aesthetics. COUNCILMAN BOOR-A nice job, I might add. SUPERVISOR BROWER-Well, when they first tore off that addition it looked pretty, it looked a lot better after they painted it, let's put it that way. TOWN COUNSEL HAFNER-And we can work with Dave and we'll send a letter and I'll also call Jon Lapper and let him know how upset you are. COUNCILMAN BOOR-I mean, it's getting SUPERVISOR BROWER-So, you'll send a letter to them? TOWN COUNSEL HAFNER-I'll do a letter. SUPERVISOR BROWER-Okay, excellent. COUNCILMAN BOOR-It's beyond irritating. SUPERVISOR BROWER-And I'd let him know that the Town Board also assumed that some shrubbery was going to be placed in front to make it look more attractive. COUNCILMAN BREWER-The seeding, they said they were going to create somewhat of a lawn type atmosphere there, they were going to put topsoil down and seed it. COUNCILMAN BOOR-Right. COUNCILMAN TURNER-Yea, they did. MR. HA TIN, Director of Building & Codes-Yea, I've read through, there's nothing that really specifically says that. What it does say here, Jon Lapper says, this is at your December 17th meeting, we would expect that they immediately come in, repair the building after thirty days and the three months would be to do some plantings and better maintain landscaping to just make it look more attractive. COUNCILMAN BOOR-That to me implies more then just lawn. COUNCILMAN BREWER-Yea, but they haven't even done that. COUNCILMAN BOOR-No, I know, I know. MR. HATIN, Director of Building & Codes-They haven't done anything as far as landscaping goes. COUNCILMAN BOOR-They haven't done anything, is right. TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Referred to the Great Escape and the order requesting them to build the walkway and questioned whether there was a time limit? MR. ROUND, Executive Director-Yes, I believe they are, I think they have two years or, if municipal sewer is available within three years, at the time of municipal sewer, walkway was first item on their list. They had to do the walkway, either at the onset or before any of the other improvements were completed or opened. We speak with them informally on a pretty regular basis and it's our understanding that it's a capital planning thing. They're not making investments this year. They still have to come back to the Planning Board for Site Plan Review for all of the things that were identified in the EIS. COUNCILMAN BOOR-But to your knowledge, they're no where on this? MR. ROUND, Executive Director-They're progressing with engineering, it's a pretty complex engineering project. .. I would expect that this fall we'll see the site plans come in for the final approvals for the Planning Board and that they would construct next spring or during the off season. SUPERVISOR BROWER-Noted, that the town was scheduled to have a town talk session this week to do an Open Space discussion but unfortunately a bird shorted out two phases of their three phase system and they lost most of the equipment, they couldn't even do a taping... However, since that didn't occur I understand Chris Round, Marilyn Ryba and some members of the Open Space Committee met with Mark Frost on TV8 to discuss the Open Space Plan... MR. ROUND, Executive Director-It was a lively conversation but there's more discussion that could be conducted and we'd encourage you to have Marilyn and anybody from the committee back on the program to talk specifics about sites, etcetera... Would like to recognize the National Trails Day at Hovey Pond on Saturday that had a terrific turnout with hundreds of people, many were first time visitors to Hovey Pond Park who participated in different activities relating to health and outdoor activities... Today, George Hilton, our planner started today. We've been short staffed for the last six months without a planner. Craig MacEwan and I just met just prior to coming to this meeting about some issues that we're having and they relate directly to our workload. Just to let you know we have four Planning Board Meetings this month, four Zoning Board meetings this month. We have a very, very busy agenda and it's a problem for us and one of the things we have on the books is an agenda limit and that's to limit sixteen items for each month and that generally would limit us to two meetings. The reason I'm telling you this is because when we tell people that they are number nineteen on the list or if they have an incomplete application, when we ratchet down our standards, they're going to come to you all and ask what is the purpose of this and why are they doing this to me and they personalize it. We just want to let you know that is something that we will reintroduce in the coming months in order to make our workload a little bit more manageable... COUNCILMAN BREWER-Would like to make a suggestion... I spoke with Helen Otte today and we had an instance where a person bought a new mobile home, put it on his lot and when he did, he took the old one off. Unbeknownst to him, we left his assessment the old trailer so for the past five years he's been paying an assessed value of both trailers. Ultimately, we're going to have to give the guy a refund for three years, by law, we're allowed do that. Helen and I were talking about it and she said a way to prevent that, on the building permit, when he gets the new mobile home, maybe just a simple question, are you taking the old mobile home off the premises. Something that we could add onto our building permit so that it would prevent that. Just a thought, maybe you could take a look at that sometime. MR. ROUND, Executive Director-We'll do that... As a follow up to Wednesday night's workshop, Bob and I had a very good session talking about some creative ways to come up with funding for underground utilities and we'll be back to you with them. . .. We do have later this week our regular Department Head Manager's meeting, just remind you of that and anyone is welcome to attend. ATTORNEY MATTERS TOWN COUNSEL HAFNER-One of the projects we worked on our first year here was Hudson River Park down on Big Boom Road and it started with a license agreement with the county. Mr. DeSantis gave property to the county and the county let us have our park here. A few years ago the county started looking into wanting to give us the property since it's our park and I think Harry, also said, why don't we just own the property. Because it was given to the county as a park, the only way they could give it to someone else even another municipality for a park is through the State Legislature. They've gotten that approval and Paul Dusek has provided us with a draft of the deed which would go from the county to the town and last Friday send final comments on that. We've reviewed this with Harry, it's something that his department has wanted and I wanted to get input from you, unless you guys say otherwise, that we'll put this on for the next Town Board meeting. We've reviewed the deed, it's pretty similar to the deed that went into the county. It has certain restrictions that Mr. DeSantis put on that you won't block his billboards and he has the right to go on the property to cut down the trees if they're in the way. But otherwise, it's part of our park and it's a pretty generous gift that he made and the county's now giving to us. So, can we put that on Dennis for the next meeting? SUPERVISOR BROWER-Sure, absolutely. RESOLUTION TO ADJOURN BOARD MEETING RESOLUTION NO.: 254, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 3rd day of June, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES: None ABSENT: Mr. Stec No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY