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1995-04-17 REGULAR TOWN BOARD MEETING APRIL 17,1995 7:05 P.M. MTG #25 RES NO 230-256 BH 10-11 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN NICK CAIMANO BOARD MEMBER ABSENT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS HIGHWAY SUPERINTENDENT, PAUL H. NAYLOR DIRECTOR OF COMMUNITY DEVELOPMENT, JIM MARTIN DIRECTOR OF BUILDING & CODES, DAVE HATIN COMPTROLLER, CATHY GEOFFROY PRESS: Moreau Sun Supervisor Champagne called meeting to order ... RESOLUTION OF SORROW RESOLUTION NO. 230, 95 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, members of the Queensbury Town Board and residents of the Town of Queensbury were deeply saddened upon learning of the death of Victor T. Miner, on Thursday, April 6, 1995, and WHEREAS, Victor T. Miner served as custodian of Warren County Voting Machines for many years, and WHEREAS, Victor T. Miner was a thirty-four year member of the West Glens Falls Fire Department, serving as Chief for eleven years and WHEREAS, Victor T. Miner was a past president of the Warren County Fire Chiefs Association, and WHEREAS, Victor T. Miner served our community freely by giving much of his time, energy and wisdom to numerous organizations in a sincere effort to make Queensbury a better place to work and live, NOW, THEREFORE BE IT RESOLVED, the Queensbury Town Board on behalf of all its residents wishes to express their sorrow to the Victor T. Miner family for not only their loss but that of the whole community and be it further RESOLVED, that the Clerk of the Queensbury Town Board, be directed to furnish copies of this resolution to his family. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE PUBLIC HEARING - TRANSIENT MERCHANT LAW NOTICE SHOWN 7:06 P.M. SUPERVISOR CHAMPAGNE-Our next order of business is a public hearing and I'll open a public hearing on the transient merchant law. Anyone here care to speak on the transient merchant law? Okay, I'll close the meeting. Anyone from the board care to speak? PUBLIC HEARING CLOSED 7:07 P.M. Supervisor Champagne noted, this is to provide for penalties that are involved in not following the new rules and regulations, basically some amendments and modifications of the original law that was passed by the board a few weeks ago. RESOLUTION TO ENACT LOCAL LAW NUMBER 7, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF, ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/ TRANSIENT MERCHANT MARKETS" TO CHANGE THE TITLE AND ADD REVOCATION AND PENALTY CLAUSE RESOLUTION NO. 231, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to Amend the Code of the Town of Queensbury, Chapter 160 thereof, entitled, "Peddlers/Solicitors, Transient Merchants/Transient Merchant Markets," to amend the title, add a revocation of license provision, and add a penalty for violations of the law, and WHEREAS, a copy of the aforesaid, proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on April 17, 1995, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury Chapter 160 thereof, entitled, "Peddlers/Solicitors, Transient Merchants/Transient Merchant Markets," to be known as Local Law Number 7, 1995, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver LOCAL LAW NO. 7,1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY AMENDING CHAPTER 160 THEREOF ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/TRANSIENT MERCHANT MARKETS", TO CHANGE THE TITLE AND ADD REVOCATION AND PENALTY CLAUSE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury, Chapter 160 thereof, is hereby amended by deleting the current title and renaming the chapter "Transient MerchantsITransient Merchant Markets, Peddlers/Solicitors" . SECTION 2. The Code of the Town of Queensbury, Chapter 160 thereof if amended by adding a new section numbered ~160-13, entitled, "Revocation of License", to read as follows: ~ 160-13 . Revocation of license. A. Causes. Licenses issued under the provision of this chapter may be revoked by the Town of Queensbury Town Board, after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation or false statement contained in the application for the license. (2) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or transient merchant. (3) Any violation of this chapter. (4) Conviction of any crime or misdemeanor. (5) Conducting the business of solicitor or transient merchant in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (6) Complaint received by the Town in violation of a "No Soliciting" sign on a private residence or business. B. Hearing. Notice of Hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five (5) days prior to the date set for hearing. SECTION 3. The Code of the Town of Queensbury, Chapter 160 thereof, is hereby amended by adding a new section numbered ~160-14, entitled, "Penalties for Offenses," and reading as follows: ~160-14.Penalties for Offenses. Each violation of this Chapter or of any regulation, order, or rule promulgated thereunder shall be punishable by a fine not exceeding two-hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both, for each offense. Each day a violation continues shall be a separate offense. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. PUBLIC HEARING - MOBILE HOME OVERLAY ZONE - PARILLO NOTICE SHOWN 7:09 P.M. SUPERVISOR CHAMPAGNE-Okay, we'll open the public hearing on the Mobile Home Overlay Zone for the Parillo property. Anyone here would like to speak for or against the proposal for the mobile home overlay for Mr. Parillo? ATTORNEY JOHN RICHARDS-Yes, Mr. Champagne, my name is John Richards, I'm the attorney for the applicant, Frank 1. Parillo and really the information that we submitted is self explanatory but we're here to answer questions should any arise. SUPERVISOR CHAMPAGNE-Okay, thank you. Jim Martin called me earlier and did indicate that he would arrive a little bit later this evening. So, unless there's anyone here that would choose to speak out, and again, for or against? Yes, sir. MR. TOM CONDON-First I would like to indicate that, one that I was not given timely notice as to this board meeting. I learned only because of a neighbor informing me and I guess the situation was that the mail that went out to the designated adjacent property owners, we're sent to addresses and in my particular case it was a former address two and a half years old, Bolton Landing. So, as a result I was not given any of the correspondence until a neighbor informed me of the situation approximately five days ago or four days ago. COUNCILMAN CAIMANO-And your name, sir? MR. CONDON-My name is Tom Condon and I have the property immediately affected by this zoning change request in that my property is off Corinth Road, third lot in from VanDusen running through from the Corinth Road to Pitcher Road. So, I'm immediately across from the existing mobile park and I guess rising as a voice in opposition to this, as I understand it, I would like to simply read the letter which I did hand deliver, I believe Fred to your office. SUPERVISOR CHAMPAGNE-Right. MR. CONDON-And also to the Queensbury Planning Board which is my only recourse at the time and I must apologize for my handwritten response. If I may, let me read from the letter. This letter is being sent to inform you of my deep concern and strong opposition to the Parillo petition for a change of zone. I purchased property in 1992 running between Corinth Road and Pitcher Roads being the third lot in from VanDusen towards West Mountain. I made a substantial investment of a hundred and thirty-seven thousand dollars for this property as a place to live and enjoy. The property includes a quality duplex with owner occupancy. I live there. I meticulously maintain this property and did and do expect reasonable appreciation in value being protected by existing zoning laws. The Parillo Mobile Park as it now exists, is not being well maintained and detracts from adjacent property values. One only has to drive by and through to see first hand the side of the road, litter, lack of maintenance and improvements. The Town of Queensbury established existing zoning laws for the protection of property owners and developments that would be an asset and appreciate property value and life of it's citizens and property owners. I recently picked up over a garbage bag full of litter on the Pitcher Road side of my property which is a direct spill over from Mr. Parillo's existing trailer park. Mr. Parillo has demonstrated to me over the period of time since I purchased the property, purchased the Corinth, Pitcher Road property in May of 1992 that he has little or no concern for his neighbors, property values or quality of life. The Queensbury Town Board is respectfully urged to deny the Parillo petition in the interest of Queensbury and most certainly the immediate area property owners. If there is any doubt in the minds of any Town Board members voting on this petition as to it's totally negative impact to immediate property owners and it's negative impact to the Town of Queensbury, please take the time to personally inspect the area. The existing zoning laws should be enforced and strengthened, not disregarded or changed to negatively impact our community and the investments of it's citizens. Thank you. SUPERVISOR CHAMPAGNE-Thank you, Tom. COUNCILMAN CAIMAN-Mr. Condon? MR. CONDON-Yes. COUNCILMAN CAIMANO-I've got two questions. Could you come here just one second on this map? MR. CONDON-Sure. COUNCILMAN CAIMANO-Where are you located on this map? Here is VanDusen and here's Corinth, where are you? MR. CONDON-Where's VanDusen? COUNCILMAN CAIMANO-Here's VanDusen, here's the mobile home park, here's Pitcher coming in. Here's Pitcher, VanDusen and Corinth. MR. CONDON-Okay, I'm the third lot in here, right opposite. COUNCILMAN CAIMANO-Right in here? MR. CONDON-Yes. COUNCILMAN CAIMANO-Okay, and my next question is a procedural one. I didn't understand about you moved and we sent something and you didn't get it. MR. CONDON-That's correct. It was sent to my former address before I purchased the property which was a Bolton Landing address. COUNCILMAN CAIMANO-Okay, thanks. John, do you have any response to Mr. Condon? ATTORNEY RICHARDS-Well, I don't have any explanation as to why Mr. Condon didn't get the notice. COUNCILMAN CAIMANO- That's obviously a post office kind of a thing. ATTORNEY RICHARDS-Certainly, we had no idea he objected to this and it's unfortunate that he does. As far as the litter, I'm sure Mr. Parillo will make a point to go out and make sure it's dressed up around there but we would invite any of the board members, we're very proud of the condition of the mobile home park and you're certainly welcome to drive through it any time. But you know, it does, it complies with all the requirements for a mobile home park permit. It's kept in excellent condition and it meets a dire need of this community and the small overlay increase we're asking for, the small addition to the overlay zone, is certainly not going to have any negative impact on the area. As I say, Mr. Parillo is very proud of his park and would object to that characterization that he has no concern for his neighbors. MR. CONDON-I guess in response to hearing Attorney Richards, I would first say that Attorney Richards was the attorney that represented me in my closing of the property. Interesting. Secondly, I would also say that I took the time in the interest of some of the comments made on the application of affordable housing for the Town of Queensbury, I took the time to run around. I took the time to look at trailer parks, mobile home parks and I must say that I would strongly disagree with Attorney Richards representation of the Parillo property. I looked towards the Ledge View property on 149 as being an example of what can be done as far as mobile park living and I think there are other areas that would be an example that would not detract from surrounding property owners. And, I would again voice strong opposition and urge the board to give consideration to the immediate property owners. COUNCILMAN CAIMANO-Thanks. Well, I'll tell you, I'm not a, I don't know about the rest of you, I'm not anxious to do anything on this until I hear from Jim. I need to hear what he has to say and he's not here. SUPERVISOR CHAMPAGNE-I'll just ask if there's anyone else out in the audience that cares to speak for or against? MR. ROWLAND AKINS-I'm Rowland Akins, I live on the Corinth Road and I strongly object to this expanding of this trailer court. I do object, disagree with the attorney there that it's well kept. If you want to see a well kept mobile home court, go down to Northwinds, that would be a good example. Just go along the VanDusen Road, look to the west and you'll see what the buffers are. All the back of those mobile homes, they aren't picked up and the buffers, there could be alot done with that buffer in there. I have thirty acres within a few hundred feet of that and I'm sure it's going to depreciate the value of my property. We've got a hundred and sixty trailers in there now, I don't think we need any more. We are buffered fairly well from the Corinth Road. The VanDusen Road, the north part of it is starting to clean up, but there's alot more we can do with the junkyards on the VanDusen Road. I think the Town Board can take care of some of that. I took a walk this afternoon, he's says it's well kept. I took a walk this afternoon up along Clendon Brook which the trailer court borders, he started a dump up there that's chips, limbs, stumps. There's plastic bags in there, I'd imagine they're leaves and needles. I'm not sure, I didn't, it's down within, he's got it filled within twenty feet of the brook. I just think you should take a real close look at this before you approve this change in zoning. I'm sure it's going to depreciate the value of my land. Thank you. SUPERVISOR CHAMPAGNE-Thank you. John? ATTORNEY RICHARDS-I just like to point out that Jim Martin has already given his comments, I believe to our application. And I want to stress, what we're doing tonight is just determining the, whether it should be rezoned for an overlay zone. All these comments certainly we're prepared to address and investigate. ... seems to be more appropriate to the mobile home park application ... We still have a site plan review, all we're doing is changing the zone tonight. COUNCILMAN CAIMANO-Paul, do you have any comments? ATTORNEY DUSEK-If the question is as to whether there is a site plan review, he is correct. Under the law, there is a site plan COUNCILMAN CAIMANO-No, I just wondered if you had any comments, that's all. ATTORNEY DUSEK-Only on the law, if there's any questions. COUNCILMAN CAIMANO-Okay. SUPERVISOR CHAMPAGNE-Yes. CLARITA LA MERE-Hi, my name is Clarita La Mere and my husband and I live on Pitcher Road, down at the bottom of the hill near the brook. I'm concerned, I agree with these two gentlemen, our land has been devaluated. We have gone up and had our assessments reduced because our land just isn't worth what it used to be. I think the issue at hand you're saying, he wants to put in more trailers but I think alot of it has to do with, is he going to take care of this the same way that he's taken care of the rest of the trailer court. It used to be kept up really well when Mr. Slopey owned it and we had a big buffer up at the top of the hill facing Pitcher Road. And Mr. Parillo did go in and clear cut the trees and put more trailers in which we never received any notice about that. And he also had a trucking company keeping their trucks at that cement building on Pitcher Road and it's quite an eyesore. I haven't seen them there lately but I just feel that if he puts in more trailers, that our land will go down even more and I'm afraid he'll take care of that, the ways he's taken care of the rest of it. SUPERVISOR CHAMPAGNE-Thank you. DEPUTY TOWN CLERK BARBER read letter into the record: We are opposed to the mobile home overlay proposal. Home owners in that area would experience a depreciation of home values. Forest Park should not be enlarged in any way. We veto this proposal. Signed, Shirley and Earle T. Russell. SUPERVISOR CHAMPAGNE-Anyone else? Yes, sir. BRIAN WARNER-My name is Brian Warner and I own the property on the corner of Corinth, down VanDusen and Pitcher. So, his property is right across from mine and there are no trees or anything like there are down VanDusen Road to block off the trailers. If he should put mobile homes there, I'm going to look at them, they're going to be there and like these people have said, there are alot of garbage all the way down VanDusen Road. They haven't been picking it up recently. Unlike this gentleman who gets a bag, I've got a truck load this year and if you look at the next lot which is vacant next to mine, there's whiskey bottles and all kinds of litter just tossed out of cars from people from the trailer park. I've seen it done and I don't think it's a good idea either. And my other concern would be, as far as them expanding the trailer park, it doesn't specify whether he put a trailer there or a store, they do have a store in there and I'm not sure if this zoned commercial or no it's not zoned commercial? SUPERVISOR CHAMPAGNE-No, no. But the store is approved though, right. COUNCILMAN TURNER-The store is pre-existing, that's grandfathered. MR. WARNER -Well, that would be my concern as to whether that could possibly be put on that corner too. COUNCILMAN CAIMANO-What's the current zone, Jim? EXECUTIVE DIRECTOR, JIM MARTIN-This is Parillo? COUNCILMAN CAIMANO- Yes. EXECUTIVE DIRECTOR, MR. MARTIN-I believe it's SR. COUNCILMAN MONAHAN-SR what Jim? EXECUTIVE DIRECTOR, MR. MARTIN-I think it's lA. COUNCILMAN TURNER-The garage she's talking about is the cement garage across from where you live, where Pitcher Road turns in and the garage is MR. W ARNER- Yes, there's two garages, there's a house and two garages. Presently, there's a house and two garages. Presently there's a roofing company moving in and out of there. COUNCILMAN TURNER-Out of that garage? MR. WARNER-Yes. COUNCILMAN CAIMANO-Is suburban residential all the way to the corner, Jim? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN CAIMANO-Both corners? EXECUTIVE DIRECTOR, MR. MARTIN-Both corners meaning? COUNCILMAN CAIMANO-Either side of Pitcher Road? EXECUTIVE DIRECTOR, MR. MARTIN-I believe so, yes. COUNCILMAN TURNER-That's a pre-existing mobile home court. That's been there since COUNCILMAN CAIMANO- The one that's there now, yes. COUNCILMAN TURNER-Slopey's been there, what twenty years, twenty-five years. MR. WARNER -Yes, but the house that is on the corner where they want to expand, that is where they're going to expand right, where they want to? That's directly across from my property and maybe three years ago, some of these people were there, I tried to get a mobile home put on my corner and I couldn't for various reasons and I don't feel that I should have to deal with a trailer park when there's not one tree even to block the view. I will be looking at a trailer or a store or whatever, if they have that use of it and if it's a store I think the litter would be even worse on the corner. COUNCILMAN MONAHAN-Jim, what's happened, it appears there's several people in opposition. They're complaining about litter both in and out of the park. They're saying Mr. Parillo and I'm not saying they didn't have the right and I don't know until you check back, cut down several trees that were a buffer. So, they don't feel that there is a buffer around the mobile home anymore. Their main thing is their concerned about the way that it's kept up and the litter. I don't know if your people have been out to check this, I know they are supposed to check it once a year before the mobile home park permit is renewed. It's a little early for that just yet but I don't know in past years if there's been a problem. One person said, mentioned that there's been a great deal of difference since Slopey had the park and the way it's kept now. EXECUTIVE DIRECTOR, MR. MARTIN-Okay. MRS. LA MERE-I have two maps here, one from 1972 that Mr. Slopey had and I have his permits here and I also have in 1992 Mr. Parillo sent a copy of a new way that he wanted the trailers in the park and I don't know if that was ever approved or not but he did clear cut trees and put trailers in and we were never notified and I didn't know COUNCILMAN MONAHAN-Did Mr. Parillo add to the number of trailers that were in the mobile home park? MRS. LA MERE-I don't think he added to the trailers, I think he moved the lots around that way he cut all the trees that are on top of the hill which we're looking straight at. COUNCILMAN MONAHAN-I guess maybe your department has got some homework and research to do, Jim. COUNCILMAN CAIMANO-Well, I'll tell you, is the public hearing still open? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN CAIMANO-It seems to me that and we've gone through this before, it's in the purview of this board to take no action on a rezoning. In view of the numbers of things that need to be looked at, I would suggest that we do just that. That way, it's not really a prejudice against the landowner and there's a protection to the residents while a little more ammunition is brought forward. So, I would suggest that we take no action on this rezoning whatsoever. COUNCILMAN MONAHAN-I think Mrs. Akins has something she wanted to say. COUNCILMAN CAIMANO-Sure. MRS. EMILY AKINS-Emily Akins and I'm strongly opposed to this overlay. It looks bad enough now, we don't want to keep facing it right in our face. The dumps look bad enough, yes they are. We have enough of this stuff up at our end, take it in a few of your other ends. I'm not saying anything about the mobile homes, some of them are kept nice because like my husband said, the Northwinds, it looks beautiful down there. You couldn't ask for a better and I would imagine there's other ones around. But I am strongly opposed to this. I remember back a few years ago, I wanted just a temporary or whatever you want to call it, variance just for a mobile home for my daughter until she got on her feet. She just had a baby, she was getting a divorce. You guys, the Zoning Board turned me down and I'm glad they did. I'm really glad they did because everything worked out fine. She's got a place to stay and she was, you know, now she has her own home. But I'm glad that you turned me down. I think it was one of the Zoning Board members said, we're making this, you've got a nice piece of property there, don't ruin it, we're doing it for your benefit. Well, she was. Don't do this now. Thank you. SUPERVISOR CHAMPAGNE-Thank you. MR. CONDON-A questions please. SUPERVISOR CHAMPAGNE-Yes, sir. MR. CONDON-In follow up to my opposition would be a question regarding John Richard's comments. I think we as the concerned property owners that have voiced objection to this zoning change, I for one would like to be made aware of the process at this point in time. What is of the mind at this point in time to take no action, where does that leave us, the affected property owners in this matter? What is the procedure? SUPERVISOR CHAMPAGNE-Once we've been through the public hearing, and we've heard comments from both side, it would be up to the Board to go out, take a visit, see the property. Possibly even communicate what was discussed here this evening to Mr. Parillo and then the Board would have to take a position within another couple of weeks or COUNCILMAN CAIMANO- W ell I kind of, I hate to say this but I kind of disagree with that just a little bit. I think, correct me if I'm wrong Paul, that if we take no action, things just remain status quo. Nothing happens, unless the applicant decides to once again put that application forward at which time the process will begin again and if it's forced to a vote, it's forced to a vote. What I'm trying to do is take the median way out and take no action and just ATTORNEY DUSEK-Technically, you're both correct and I think maybe we ought to, how's that for being political? SUPERVISOR CHAMPAGNE-That's the middle of the road. COUNCILMAN CAIMANO-It's called middle of the road. ATTORNEY DUSEK-Seriously though, technically the situation is this, that if you close the public hearing tonight and you do absolutely nothing, although Mr. Caimano is correct that, that is a choice but if you don't, I guess you have to make it clear among the board members that that's a permanent do nothing unless you go back to a public hearing. Because there is, under the law, there's nothing to prevent this board from meeting say two weeks from now and adopting the resolution without any further notice to anybody. So, that's what I'm saying, you're both kind of correct and I think what you need to do as a board is perhaps by even resolution, determine what is your course of action at this time. Are you going to simply do nothing and reconsider it later? Or are you going to nothing permanently unless it's re-advertised? COUNCILMAN CAIMANO-Okay, let's close the public hearing and we'll see what we do. ATTORNEY RICHARDS-We had no idea that anyone objected to this, frankly and I would suggest that we take Mr. Caimano up on his suggestion. Hold the public hearing open, give us a chance to investigate some of these questions. Perhaps we can meet with some of the residents and see if we can address their concerns. Again, this is all a surprise to us, we'd be glad to meet with any of the, as well as the board members. But I suggest holding it open so we can have a chance to address some of these concerns. SUPERVISOR CHAMPAGNE-I have no problem with that. Leave the public hearing open rather then closing the public hearing. MR. CONDON-I would like to have this come to some sort of a conclusion tonight. I mean, this was advertised as a public hearing to address this matter and I for one, didn't really have timely notice but I'm here to give my strong opposition and I would like to have it resolved this evening. MR. AKINS-I don't want to be taken wrong, I'd object to this trailer, this mobile home court if it was the best one in the world because it would depreciate the value of my land. But I just, I would take objection to what he said, it's a well kept trailer. And besides that, Mr. Martin, would you take a look at that dump up there on the brook, see if it's legal? EXECUTIVE DIRECTOR, MR. MARTIN-On where? MR. AKINS-On Clendon Brook, right on the trailer court, right on the back road of the trailer court. ATTORNEY RICHARDS-We never received a complaint from any aspect of the town on any aspect of the trailer park. So, again, this kind of takes us by surprise. All I can do, the most we can do is offer to meet with people and see what their concerns are or from the board. If they're objecting to the trailer park in the mobile home overlay extension, just in principal, regardless of what it is, as the one gentleman said, maybe there isn't much we can do to change their ... but we can certainly address some of the concerns that raised as far as upkeep. COUNCILMAN CAIMANO-Whatever we do tonight doesn't preclude you from doing anything anyway, John, as you well know. SUPERVISOR CHAMPAGNE-What's the rest of the board's feelings. COUNCILMAN CAIMANO-Well, we've got to close the public hearing first, I think. Oh, I see, you want to find out. I would just as soon come to a resolution. My sense is that, is that I would like to have a resolution of no action in which we, unless something startling comes forward, not look at it again because there seems to be too much opposition from the surrounding property owners. And having looked at the property, I think I understand why they're, where their argument comes from and my preference would be to come to a resolution of do nothingness tonight. ATTORNEY RICHARDS-I would again ask, we had a chance to address the concerns that your Planning Department had and now we've been advised of some other concerns that maybe other people that are in favor of this, would really like to have a chance to explain our side a little more after we investigate some of these claims. You people sitting here complaining for the last forty-five minutes, we'd like at least a chance to have one more meeting, it doesn't have to be that long extended whether it's this month or we can do it next month. MR. CONDON-I've taken the time to come here this evening and I took time offfromjob at Finch Pruyn and this is one concern that I have. This was advertised by all those that got notice as the public hearing to deal with this matter. I would again urge the board to take action on it this evening. SUPERVISOR CHAMPAGNE-It's not uncommon though Tom, to leave public hearings open. I mean, this is not the first obviously. MR. CONDON-That's fine if we SUPERVISOR CHAMP AGNE-I think there's a problem I'm having with this. Evidently, Mr. Parillo has his rights and I would like to just further, for my own self satisfaction get a better grip on that property out there. I for one, I've been by there, I've looked at the property. I think you've brought up some issues here that's caused me to re-evaluate my original thinking and I really would like to go back in your best interest and in the best interest ofMr. Parillo. Betty, or Ted? COUNCILMAN MONAHAN-I rather feel the way you do, Fred and plus the fact I want to give Jim's department time to do some historic research on this piece of property. Go back to when Slopey was given his permit, were there any conditions and requirements. Did these trees, you know, maybe Mr. Parillo had the perfect right to cut thern. I think it probably might have been not the best PR thing to do, if it's going to take down a buffer zone. But I just think we need to know a little bit more about this piece of property historically. And I also think that your department needs to take a look through there and see about the maintenance and everything. MR. CONDON-One further comment ifI may and I don't mean to belabor this. There are other concerns in that area and my checking on this particular situation as far as the immediate area and I would urge the board if it's going to be delayed and the board wishes to take a quick look and inspection and do the research, that you look at that whole area and look at the existing zoning laws that maybe on the books and let's be sure in looking at that area, not just the trailer park but that general area. I've heard comments from my neighbors saying it's the trailer park and it's also other activities in that area. I would look towards the park property, I would look towards the ... property, I'd look towards the heavy truck action that's right off Corinth Road, on the right side of VanDusen, right across from Mr. Warren's property and I think he would substantiate they've got heavy equipment there, trucks running, heavy equipment run. What's going on in that area? Whose looking at? And if there's a renewal of permits for the existing trailer park, what is going on? Whose looking at this? I mean, I've been there for two years and what we're describing this evening has been going on since I purchased the property and not wanting to be an early complainer, I have not voiced my concerns. But I've got to tell you, I'm taking time this evening to be here and not only am I concerned about this immediate petition asking for rezoning, I'm also concerned about what is going on in that general area. And I ask the board if they're going to delay this and take the inspection and look at the historical, that you look at the existing zoning laws and let's enforce what's on the books. MRS. LA MERE-I'd like to say something. This gentleman said that they have received no complaints about the trailer park ... records from Mr. Parillo but in 1992 when Pliney was our representative for our ward, he advised us and helped us when they clear cut the trees at the top of the hill and we do go to Dave Hatin and we received absolutely no help at all from hirn. The only thing I did get was these two maps that he did give us but basically he said that they were cut down and there was nothing that could be done about it. So, we really would appreciate it if you could come to some kind of conclusion as soon as possible. COUNCILMAN TURNER-My remarks would be that we look at the issues you brought up tonight, visit the site, identify the issues that you've brought up and take another look at it and hear it again. And if there is a problem there, then I think we should address that problem. MR. RUSS LA MERE-Hi, my name is Russ La Mere, I'm referring to the clear cutting that was done about three years ago. I'm on Pitcher Road, I'm looking sort of like north east into the trailer park. That buffer zone which Pliney stood behind me on that was torn down, I was told by Dave Hatin and we've got the two maps, that they done that prior to that. And I sat there and I watch them clear cut the trees in that area and Dave Hatin personally told me right down stairs in this building that them cement, concrete vaults for septic tanks, one thousand gallon tanks had been in that ground for years and Dave Hatin is a liar. And I'm not here to start trouble, I watched them clear every tree in that area and clear cut that land and he also moved in five mobile homes looking right at my property. Thank you. SUPERVISOR CHAMPAGNE-Thank you. MR. LA MERE-And that's the last time I dealt with the Town of Queensbury. DIRECTOR OF BUILDING & CODES, MR. DAVE HATIN-Would you like a response to that? COUNCILMAN CAIMANO-It's up to you. SUPERVISOR CHAMPAGNE-I don't think that's any need. COUNCILMAN CAIMANO-I don't think it's necessary. SUPERVISOR CHAMPAGNE-No. Anyone else, public hearing? I believe the board's consensus, I think I hear you say that we'll leave the public hearing open and we'll re-hear at a later date. COUNCILMAN MONAHAN-Someway though, these people have to be notified so that they know when we are going to talk about it again. SUPERVISOR CHAMPAGNE-Okay, Jim, that notification goes back out? EXECUTIVE DIRECTOR, MR. MARTIN-Yea, we can re-notify. COUNCILMAN CAIMANO-What you didn't hear, Jim was that Mr. Condon has a problem with notification because of a change of address. Would you get with Mr. Condon because he didn't get notified? EXECUTIVE DIRECTOR, MR. MARTIN-Sure. COUNCILMAN CAIMANO- Thanks. MR. CONDON-What is the procedure beyond where you're leaving this tonight as far as those of us who have taken time to be here, be involved in the process, be notified of the outcome. SUPERVISOR CHAMPAGNE-We will take another look at it as a board. I personally will go out, we'll review it, we'll continue to gather more information. We'll reconvene this public hearing, I don't know two weeks, four weeks from tonight and you folks will be notified that the public hearing will continue to be extended and then hopefully a decision will be made. There's some fact finding here that I feel uncomfortable with, that I don't have as evidence as to make a decision. MR. CONDON-Well thank you Fred, I just want to be clear on the process. SUPERVISOR CHAMPAGNE-I understand. COUNCILMAN CAIMANO-Since the public hearing is open, what kind of a time frame do we have? ATTORNEY DUSEK-There wouldn't be because you're providing for renotification. So, in fact I just said to Jim over to the side, he should not only mail out the notices but he should also re-advertise in the press. So, whenever you're ready, you'll be probably, you'll know when it's back before you again. SUPERVISOR CHAMPAGNE-It's almost like starting allover again. Alright, so, we'll leave that open. PUBLIC HEARING LEFT OPEN RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 232, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Town Board hereby adjourns and enters as the Queensbury Board of Health. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE FOR RAY CHANDLER NOTICE SHOWN 7:40 P.M. SUPERVISOR CHAMPAGNE-Anyone here this evening representing Mr. Chandler? Okay, Dave, I assume you've had a chance to look this over? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes, this a variance to place a septic system within a hundred feet of a neighbor's well as well as ninety-five feet I believe was from the property owner's well. COUNCILMAN CAIMANO-It is, yes. DIRECTOR OF BUILDING & CODES, MR. HATIN-There is no other location on the property to put the septic system and I believe it's approximately in the same location as the previous one that has failed. COUNCILMAN CAIMANO-You have no problem with it? DIRECTOR OF BUILDING & CODES, MR. HATIN-No. I don't see any other alternative at this point. COUNCILMAN CAIMANO-Okay. COUNCILMAN MONAHAN-Dave, where is this? We didn't get much information on this. COUNCILMAN TURNER-Tee Hill Road, 133 Tee Hill Road. COUNCILMAN CAIMANO-We did last time. DIRECTOR OF BUILDING & CODES, MR. HATIN-I'm not sure what you've got, Betty. COUNCILMAN CAIMANO-Well, we've got nothing but the resolution. The first time we had COUNCILMAN MONAHAN-Well, we didn't have that much before, at least I didn't because I remember asking for it. DIRECTOR OF BUILDING & CODES, MR. HATIN-There's a map in the file because I looked at it tonight. COUNCILMAN CAIMANO- There's a map right there. COUNCILMAN MONAHAN-Yea, but it's not a very good one. SUPERVISOR CHAMPAGNE-What's your pleasure? COUNCILMAN CAIMANO-I'll move it. COUNCILMAN TURNER-Second. SUPERVISOR CHAMPAGNE-Moved and seconded, let's vote. PUBLIC HEARING CLOSED RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR MR. RAY CHANDLER RESOLUTION NO. 10, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. Ray Chandler previously filed a request for two (2) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically that requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on April 17, 1995, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Mr. Ray Chandler allowing the placement of the seepage pit: 1. 95' from his well; and 2. 100' from his neighbor's well; rather than placing it at the mandated 150' distance(s), on property situated at 133 Tee Hill Road, Town of Queensbury, New York, and bearing Tax Map #: Section 44, Block 2, Lot 29. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 11, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION AMENDING TITLE OF ZONING ENFORCEMENT OFFICER RESOLUTION NO. 233, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has previously, by resolution no. 56, 95, established the position of Zoning Enforcement Officer, and WHEREAS, the Executive Director of Community Development received a letter from the Warren County Department of Personnel and Civil Service suggesting that the title of the aforementioned position be changed to Code Compliance Officer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby amends resolution no. 56, 95 such that the title shall be Code Compliance Officer effective immediately, and BE IT FURTHER, RESOLVED, that all other aspects of the job description and levels of acceptable experience and training remain as previously authorized in resolution no. 56, 95, and BE IT FURTHER, RESOLVED, that the Town Supervisor and Town Comptroller are hereby authorized and directed to complete any necessary forms to effectuate this resolution. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver Town Board held discussion on proposed resolution regarding reorganization of Tax Receiver's Office. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 234, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a matter of personnel and salary. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION TO RECONVENE RESOLUTION NO. 235, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION REORGANIZING TAX RECEIVER'S OFFICE RESOLUTION NO. 236, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there currently exists in the Town of Queensbury the positions of Tax Receiver and Part-Time Deputy Tax Receiver, and WHEREAS, the present Tax Receiver, Ms. Betty Eggleston is retiring and the Town Board of the Town of Queensbury is desirous of reorganizing the Tax Receiver's office, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Ms. Darleen Dougher, Town Clerk, as Tax Receiver with the position to be assumed in addition to Ms. Dougher's current duties as Town Clerk, with the term of office to be as set forth in the Town Law, and with the salary for the office of Tax Receiver to be reduced from the previously authorized amount to $5,000.00 per year, the same to be paid proportionately as earned, and BE IT FURTHER RESOLVED that the Town Board hereby also establishes the Deputy Tax Receiver position as full-time, effective May 1st, 1995 with the annual salary to be increased to $21,500.00,the same to be payable proportionately as earned and hereby further appoints Ms. Judy Fish to the full-time position, subject to and conditioned upon any requirements under Civil Service that Ms. Fish qualify upon taking any exams or other Civil Service requirements, in which event this appointment shall be provisional, and BE IT FURTHER RESOLVED, that nothing in this resolution shall be interpreted to indicate that the Town Board waives any right to claim that the position of Deputy Tax Receiver is an exempt position under Civil Service. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT : Mrs. Pulver Attorney Dusek-Mr. Supervisor, before you move just so the record is clear, is it your intent that this appointment will take effect May 1 st? Town Board agreed effective date to be May 1, 1995 for both appointments. RESOLUTION AUTHORIZING SETTLEMENT RESOLUTION NO. 237, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously authorized an action against Southworth Machinery, Inc., and WHEREAS, said action was commenced and negotiations concerning a settlement have resulted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, determines that it is in the interest of the Town of Queensbury and hereby authorizes settlement of the above-referenced action in the amount of $1,000.00, with the additional understanding that the Defendant will also agree to discontinue at no cost, its counterclaim, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any affidavits, releases, stipulations of discontinuance, or other documents and papers that may be necessary to discontinue the action, and the Town Supervisor is further authorized to place the seal of the Town of Queensbury on any documents requiring such. Duly adopted this 17th day of April, 1995 by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING RETENTION OF SERVICES OF AMTEK RESOLUTION NO. 238, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Amtek Management Services Corp. to perform an evaluation and needs analysis of Town personnel policies and management, and WHEREAS, Amtek Management Services Corp. has agreed to perform the aforesaid services in accordance with the terms and provisions of an agreement presented at this meeting, at a cost of $4,500.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the retention of the services of Amtek Management Services Corp. to perform the services outlined in the preambles of this resolution, at a cost of $4,500.00, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to enter into the agreement with Amtek for the performance of services authorized by this resolution, and BE IT FURTHER, RESOLVED, that the cost of the services authorized herein shall be paid for from Account #01- 1430-4400. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION TO APPOINT MEMBER TO CEMETERY COMMISSION RESOLUTION NO. 239, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, a vacancy exists on the Town of Queensbury Cemetery Commission, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Theresa Higgins to serve as a member of the Cemetery Commission, to fill the unexpired term of Margaret Prime, said term to expire on 6/30/96. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT : Mrs. Pulver RESOLUTION AUTHORIZING PURCHASING PROCEDURES RESOLUTION NO. 240, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of revising its purchasing procedures and repealing any previous procedures that have been adopted by the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury cites Town Law ~41-a and General Municipal Law ~104-b as authority for this Resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the procedures as presented at this meeting and hereby directs that the Town Clerk shall furnish a copy of these final procedures to all Department Heads and Districts of the Town of Queensbury. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT : Mrs. Pulver RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 241, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: JUSTICE: FROM: TO: $ AMOUNT: 01-1110-4400 (Misc. Contractual) 01-1110-1212-0002 2,000. (Deputy Court Clerk Proj. Overtime Earnings) RECORDS: FROM: TO: $ AMOUNT: 01-1460-4400 (Misc. Contractual) 01-1460-2001 (Misc. Equipment) 400. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION DESIGNATING TOWN OF QUEENSBURY POLLING PLACES RESOLUTION NO. 242, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, pursuant to Article 4-104 of the New York State Election Law, the Town Board of the Town of Queensbury must submit to the Warren County Board of Elections a listing of the polling places in the Town of Queensbury in each Election District in which elections and registrations may be held, NOW, THEREFORE, BE IT RESOLVED, that the following locations be and hereby are designated as the respective polling places in the districts as enumerated: WARD/ED. LOCATION 1/1 1/2 1/3 1/4 North Qsby. Firehouse Bay Ridge Firehouse Bay Ridge Firehouse Warren County Center 2/1 2/2 2/3 South Qsby. Firehouse Qsby. Activity Center Qsby. Central Firehouse 2/4 2/5 Qsby. Activity Center Roberts Gardens Rec Room (Not Accessible) 3/1 3/2 3/3 3/4 Qsby. Central Firehouse Qsby. Senior High Queensbury Middle School Kensington Road School 4/1 4/2 4/3 4/4 4/5 4/6 W.G.F. Firehouse (VanDusen/Luzeme) W.G.F. Firehouse (VanDusen/Luzeme) W.G.F. Firehouse (Luzeme Road) W.G.F. Firehouse (Luzeme Road) W.G.F. Firehouse (Luzeme Road) W.G.F. Firehouse (VanDusen/Luzeme) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4-104-1-a of the Election Law unless otherwise noted, and BE IT FURTHER, RESOLVED, that a copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SYSTEMS FOR CONTINUATION OF DEVELOPMENT AND IMPLEMENTATION OF A COMPUTERIZED GEOGRAPHIC INFORMATION SYSTEM (G.I.S.) FOR THE COMMUNITY DEVELOPMENT AND ASSESSOR DEPARTMENTS RESOLUTION NO. 243, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the Town Supervisor to arrange for and enter into on behalf of the Town of Queensbury an agreement with Business Automation Systems for the continuation of development and implementation of a computerized Geographic Information System (G.I.S.), and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to arrange for and enter into on behalf of the Town of Queensbury an agreement with Business Automation Systems for the continuation of development and implementation of a Computerized Geographic Information System (G.I.S.) at a cost not to exceed $33,370.00 without further approval, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury, a contract to be in a form approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that the cost of the services is not to exceed $33,370.00 without further approval, and that no bidding is required under law and that in this particular case, alternative quotes are not practical, and BE IT FURTHER, RESOLVED, that this proposal shall be paid for from the 1995 Data Processing Budget. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver DISCUSSION BEFORE VOTE: Attorney Dusek noted that the board requested that the resolution be changed so that the agreement that's attached is not approved as part of this resolution. Noted further some proposed amendments to the board for their consideration. Town Board held discussion, agreed to proposed amendments and vote was taken. RESOLUTION AUTHORIZING STANDARDIZATION OF HYDRANTS, GATE VALVES AND TAPPING VALVES RESOLUTION NO. 244, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, General Municipal Law ~ 103 provides that when there is a need for standardization, the Town Board may specify particular types or kinds of equipment, material, and/or supplies, and WHEREAS, in 1987 a resolution was adopted by the Town Board adopting certain design standards for various components of the Town of Queensbury Water Systems, and more specifically, setting forth standards for hydrants, gate valves, and tapping valves, and WHEREAS, the Town Board of the Town of Queensbury desires to adopt a resolution specifically authorizing and directing the standardization of said hydrants, gate valves, and tapping valves, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that there has been and continues to be a need to standardize hydrants, gate valves, and tapping valves, so that efficiency and economy may be had in connection with the type and quantity of spare parts that must be kept on hand, the nature and extent of the training and requirements for repair and furnishing of said parts, familiarity of the method or manner in which the same operate by fire companies and others that may, of necessity, come in contact with said hydrants and valves, and also to further the overall efficient operations of the water system and the Water Department, which must maintain the same. Duly adopted this 17th day of April, 1995 by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION ACKNOWLEDGING TERMINATION OF AGREEMENT WITH LAKE GEORGE PARK COMMISSION RESOLUTION NO. 245, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Lake George Park Commission previously entered into an Agreement for the administration of certain Wastewater Regulations promulgated and adopted by the Lake George Park Commission, and WHEREAS, since the time that the parties entered into the Agreement, the aforesaid Wastewater Regulations have been declared null and void as a result of litigation commenced by a third party or parties, and WHEREAS, the Lake George Park Commission, by letter dated June 14, 1994, and signed by Carl R. DeSantis, Chairman of the Lake George Park Commission, has indicated that the Agreement is no longer valid, and WHEREAS, since the Waste Water Regulations have been declared null and void, there is no basis or purpose to the Agreement and the Town Board wishes to acknowledge this and establish in its records that the Agreement is terminated and/or that the same is terminated by the Town for good cause, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby considers the Agreement between the Lake George Park Commission and the Town of Queensbury concerning the administration of the Wastewater Regulations described in the preambles of this resolution as terminated, and that the Town of Queensbury has no further responsibilities or obligations in connection with the same or in connection with any other regulations that may be developed in the future by the Lake George Park Commission until such time as a further Agreement is reached between the parties, and the Town Attorney is hereby authorized to send a letter to the Lake George Park Commission indicating the Town of Queensbury's position with regard to the matter, which would appear to be consistent with Lake George Park Commission's aforesaid letter of June 14, 1994. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AGREEING TO LAKE GEORGE PARK COMMISSION BEING LEAD AGENCY FOR PURPOSES OF REVISING STORMW ATER REGULATIONS RESOLUTION NO. 246, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Lake George Park Commission has indicated that it is preparing to revise its Stormwater Regulations, and WHEREAS, the Lake George Park Commission has asked that the Town Board of the Town of Queensbury consent to lead agency status for purposes of conducting a SEQRA review on the proposed regulation amendments, and WHEREAS, the Town Board of the Town of Queensbury notes that the proposed amendments to the Stormwater Regulations have not been provided as part of the information transmitted to the Town of Queensbury wherein the Lake George Park Commission requests the Town's consent on the issue of lead agency, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that, based on available information, the Town Board would agree to the Lake George Park Commission being lead agency for purposes of revising Stormwater Regulations, provided, however, that a full and complete copy of the proposed amendments to the regulations is furnished to the Town Board and the Office of Community Development and provided, further, that the Town Board of the Town of Queensbury reserves the right to revoke this consent upon receiving such additional information should the Board be of the opinion that such action is appropriate. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION AMENDING RES. 399, 93 WHICH APPROVED THE CONVERSE MOBILE HOME PARK RESOLUTION NO. 247, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. Barry Converse has made application to the Town Board to amend one provision of resolution no. 399, 93 approving and authorizing a mobile home park on April Lane in the Town of Queensbury, said provision reading, "8. The only mobile homes that may be placed in the park will be single wide mobile homes no greater than 14' in width" and WHEREAS, the Town Board of the Town of Queensbury has been advised that Mr. Converse desires to place mobile homes no greater than 16' wide throughout the entire park and double-wide mobile homes on the lots shaded on the attached plat, and and WHEREAS, the Town Board of the Town of Queensbury has been advised by the Executive Director of Community Development that a modification of the width of mobile homes will not necessitate any adjustments, alterations, or enlargements of any park areas or require any variances from any aspect of Chapter 113 of the Code of the Town of Queensbury orresolution no. 399, 93 previously adopted by the Town Board with respect to all other park requirements, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due deliberation, hereby determines that the proposed modification to resolution no. 399, 93, if a limitation as to garages is added is di minimus and limited in nature, does not alter, enlarge, or extend the mobile home park that was previously approved by the Town Board, will not effect the character of the park or the surrounding community and as such, further review or hearing would serve no further purpose, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, in view of the foregoing findings, hereby amends resolution no. 399,93, paragraph 8 thereof, to read as follows: "8. The only mobile homes that may be placed in the park will be single wide mobile homes, no greater than 16' in width, except that double-wide mobile homes may be placed on the lots shaded on the attached plat. Garages shall not be allowed on any lot less than 9,000 square feet. " Duly adopted this 17th day of April, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver DISCUSSION BEFORE VOTE: Executive Director, Mr. Martin-I have some information for the board. As the board may recall this is the Converse Mobile Home Park that exists just north of Warren Lane. The lots range in size, I got these from Leon Steves late today, sixty-eight, seventy-two here and there are a couple of odd lots along the side here. There are several that range from ninety-four, thirty-seven or sixty-nine, seventy-five up to as much as eighteen thousand, five, twenty-seven and have the specific lot sizes for each lot. Betty had a concern that would we in fact be able to accommodate mobile homes of a double wide nature given the other things that have to be placed on the lot and what I've done is made up some scale cut outs here, I don't know how well you can see this. Councilman Monahan-Jim, a question for you first, please. We seem to have alot of lots shaded on this one and yet the application that came in only asked about one, two, three, four, five lots? Executive Director, Mr. Martin-No, they've since revised it. It's essentially this perimeter ring, I believe, it is here. Councilman Monahan-When did that get revised? Executive Director, Mr. Martin-They made a request of that, it had to be early last week and these larger lots here. Okay and what I did is, this is the typical average lot, I don't know how well you can see this in the Converse proposal, about seventy-seven hundred square feet, that's the bold blue line. And if we take a double wide, now we have the setbacks here for the building are shown in the red line here, those are the building setbacks in a mobile home zone. This is your average double wide, so you can see how that fits on the lot and then additionally we have a seepage pit here for the septic system that can go Councilman Monahan-So, your seepage pit is going into your buffer zone, then right? Executive Director, Mr. Martin-No, it just meets the setbacks, it's about a ten foot setback off the property lines for the seepage pit. So you can accommodate it in this situation, though, but the point I would raise is that it's pretty unique to this situation. The average mobile home lot that's set forth in the code is six thousand square feet and if we get a lot of that nature which I have shown here on the second one, it just doesn't work. There's no way to make that fit on here. Now, we have, this is an average lot, sixty by one hundred for per our code and there's no way that this begins to fit as you can see. It just is, it's too tight. Councilman Monahan-And then if somebody puts up a garage or anything like that. Executive Director, Mr. Martin-Or a shed, and you know your driveway isn't showing. Councilman Monahan-Or a shed, even on that other one you showed, it's, there's not much room for that. Executive Director, Mr. Martin-Right. I just wanted to raise to the board Councilman Monahan-What did you leave for permeability? Executive Director, Mr. Martin-We would meet the permeability standard because remember the leach area is permeable, obviously. So, it's just the building and the driveway in this case that would Councilman Caimano-Even if you put a shed or garage, you would still meet the permeability? Executive Director, Mr. Martin-Yes. But it does, what I'm trying to say to you is that, this is a fairly unique situation in that these lots are of fairly large size. Councilman Monahan-But that's what I'm wondering, what's the size lot you just, that one right there. Executive Director, Mr. Martin-This one here? This is one forty by sixty, that's typical of the lots here. These are like along the back here where they're requesting, those are a hundred and forty feet deep and they're fifty-five feet wide and that's what Sue drew up here for us on this example. That's the typical lot. Councilman Monahan-And you're really getting tight, I mean some of these others are bigger but on those there, it seems to me you're getting pretty tight on those unless there's not going to be any garages, any sheds or anything like that. Executive Director, Mr. Martin-It is tight. If it were a typical mobile home lot at six thousand square feet, I would recommend against it. Councilman Monahan-Oh, you couldn't do it but even there you're tight unless you just stick to what he wanted to do first which was some of the real bigger lots. Executive Director, Mr. Martin-We have, one, two, three, four, five, six lots over nine thousand square feet. Councilman Monahan-And that's not a problem on those because you've got room for all of that other. Executive Director, Mr. Martin-Right. Councilman Monahan-So, you've got six over nine thousand, alright. Executive Director, Mr. Martin-And then back to here is essentially all over seventy-seven hundred and then they get small out here in the front, they're sixty-eight hundred here on the front side. Councilman Monahan-But he's not asking for those. Executive Director, Mr. Martin-No. Councilman Monahan-But even you're seventy-seven, if that lot that you held up first is seventy-seven hundred feet Executive Director, Mr. Martin-Yes, this is the typical lot that's shown across the back here. Councilman Monahan-That's very tight, I think. I have no problem with those that Executive Director, Mr. Martin-Well, that's a twenty-eight foot wide, which is typical for a double wide mobile home and then I'm showing seepage pits here that's Councilman Monahan-And where are you going to put a garage if they want a garage or a shed on there? Executive Director, Mr. Martin-We typically see sheds, we don't see that many garages on mobile home lots as a practical matter. I just thought that would help you as you consider this. Councilman Monahan-As I said, I don't have any problem with those six lots that are over nine thousand. I'm a little concerned about the others. Executive Director, Mr. Martin-And I think as a general rule as I point this out, when we have mobile home parks come in, these are the types of things that should be considered as you approve for single wide or double wide. Councilman Monahan-We need a mixture of size lots in them. Executive Director, Mr. Martin-Because six thousand square feet won't cut it for a double wide. Anybody have any questions? Supervisor Champagne-Okay, motion has been made and seconded. Any further discussion? Councilman Monahan-I don't know, as I said, I don't know how the rest of you feel, I have kind of a problem, you know, with all these extras. When I first came in, we had one, two, three, four, five, those were the bigger lots. We've got six lots over nine thousand, those I'm not concerned at all. I am a little concerned with the others that are smaller. I frankly would just as soon just go with those six bigger lots for now and by the time people put other stuff on a lot and I'm just talking play equipment, any of that kind of stuff. Councilman Turner-I know but you drive through most of the mobile home parks and you won't see a garage at all. Councilman Monahan-No but by the time you Supervisor Champagne-The play equipment can go on your septic tanks. Councilman Turner-Or your shed, you can put your shed, you've got enough room. You've got plenty of room. Councilman Caimano-Do you think so? Councilman Turner-Yes. Supervisor Champagne-I do too. Okay, any further discussion? Councilman Monahan-I think what I would do is limit those lots that are in the seventy-seven hundred range, that they can not have a garage, they can not have any out buildings on them. I mean a shed would be okay but I would definitely not have a garage on them. Councilman Turner-I don't think you've got room for one. Councilman Monahan-No and that's where I would limit it. The ones over nine thousand, if somebody wants to have a garage becomes some of these people move in there and live there for a long time. Councilman Turner-Yea, you're right. Councilman Monahan-And, I mean for instance, Ledgeview as an example. Ledgeview has many garages up there. Supervisor Champagne-Yea, that's kind of different. Councilman Monahan- I realize that but I just think you just have to be aware of that right now because things change over a period of time. Supervisor Champagne-Okay, are we going to go for the full shot? Let's vote. Councilman Monahan-Well, I'm going to propose an amendment that those, the lots, the six over nine thousand I don't have a problem but those that are roughly in the neighborhood of seven, seven hundred can not have garages on them in the future. Supervisor Champagne-I don't think they could fit a garage on there anyway, could they? I mean, it's possible to get a garage on that lot. Councilman Monahan-Well they could but it would be awfully tight and I just don't want to get in that problem. Supervisor Champagne-Can we do that attorney? Attorney Dusek-I think it's important to make sure that we've got the resolution worded right. Are you saying that you hereby determine that the proposed modification is for all lots or not for all? Are you limiting just to certain lots? Supervisor Champagne-Just those seventy-seven hundred square foot lots. Councilman Monahan-The only lots that can have the double wide on are these. The only ones that can have double wide are those specific lots. Attorney Dusek-The ones that are shaded? Councilman Monahan-Yes. Attorney Dusek-Because the resolution right now says double wide mobile homes may be placed on the lots shaded on the attached plat. Councilman Monahan-Yea, that's this right here. Attorney Dusek-And that's okay? Councilman Monahan-That's it, but I want to see an amendment that on those lots that are not nine thousand square feet can not have garages on them. Attorney Dusek-So, the only change you're adding as no garages? Councilman Monahan-On the lots that are not over nine thousand square feet. Attorney Dusek-Garages shall not be allowed on any lot less then nine thousand square feet? Councilman Monahan-Yes. Attorney Dusek proposed some changes to the resolution ... vote was taken. RESOLUTION HIRING MICHAEL PLUNKETT, OF COOL INSURANCE AGENCY, INC. CONCERNING RISK MANAGEMENT SURVEY RESOLUTION NO. 248, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan Town Board held discussion, noted concern that the town may be duplicating services with the Amtek agreement and agreed to hold resolution. MOTION WITHDRAWN RESOLUTION TO DISCUSS HIGHWAY BIDS RESOLUTION NO. 248, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner Town Board held discussion regarding bid specifications. Councilman Caimano withdrew motion, and Councilman Turner withdrew his motion. MOTION WITHDRAWN RESOLUTION TO ACCEPT BID FOR PURCHASE OF TRACK TYPE TRACTOR WITH BULLDOZER TO BE USED BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 248, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of one Track Type Tractor with Bulldozer, specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has made a recommendation in connection with the bid, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it has reviewed the bid specifications and the specifications of each piece of equipment and notes that although there are some differences in the Track Type Tractor with Bulldozer offered by Southworth-Milton, Inc., and the bid specifications, the same are immaterial and not substantial and that accepting the bid of Southworth-Milton, Inc., the lowest bidder, is in the best interest of the Town of Queensbury and after giving due consideration to the advertisement of bids and other documents sent to bidders in connection with the project, determines that no bidders were prejudiced by this award, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the Track Type Tractor with Bulldozer to Southworth-Milton, Inc., and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Highway Department Account. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES None ABSENT: Mrs. Pulver (Bids on file in the Town Clerk's Office) RESOLUTION TO ACCEPT BID FOR PURCHASE OF 1995 ALL WHEEL DRIVE HEAVY DUTY HYDRAULIC WHEELED EXCAVATOR TO BE USED BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 249, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of one 1995 All Wheel Drive Heavy Duty Hydraulic Wheeled Excavator, specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has made a recommendation in connection with the bid, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, afterreviewing the bid specifications, as well as the specifications of the other equipment, notes that only the bid by Contractor Sales Co., Inc., is in substantial compliance with the bid documents, all other bidders having submitted bids in connection with equipment that is not in compliance with the bid specifications in a material fashion, and therefore, since Contractor Sales Co., Inc., is the only bidder submitting a bid in compliance with the specifications, Contractor Sales Co., Inc., is hereby determined to be the only qualified bidder, and the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the 1995 All Wheel Drive Heavy Duty Hydraulic Wheeled Excavator to Contractor Sales Co., Inc., and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Highway Department Account. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver (Bids on file in the Town Clerk's Office) RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO. 250, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: COMPTROLLER/FIRE PROTECTION: FROM: TO: $ AMOUNT: 05-3410-4415 (Fire Contracts) 05-3410-4400 (Misc. Contractual) 21,680. 01-1910-4400 (Unallocated Insurance) 01-1910-4400-1910 (Risk Management) 8,000. 01-1430-1045 (Personnel Director) 01-1430-4400 (Personnel - Misc. Contractual) 4,500. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-3510-4760 (Vet Services) 01-3510-4110 (Vehicle Repair & Main.) 1,000. 01-3620-4400 (Misc. Contractual) 01-3620-4070 (Equipment Repair & Main.) 750. and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD ABANDONMENT OF A PORTION OF PEGGY ANN ROAD (ALSO KNOWN AS FULLER ROAD) RESOLUTION NO. 251, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is considering the abandonment of a portion of Peggy Ann Road, also known as Fuller Road, located in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part 11 of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part 111 of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT Mrs. Pulver RESOLUTION CONSENTING TO DISCONTINUANCE OF HIGHWAY RESOLUTION NO. 252, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Curtis S. Rowland and Marion I. Rowland have made application to the Town Superintendent of Highways for the discontinuation of a portion of Peggy Ann Road, also known as Fuller Road, located in the Town of Queensbury, and WHEREAS, the application of Curtis S. and Marion I. Rowland has specifically asked for an abandonment of all that piece or portion of Peggy Ann Road, also known as Fuller Road, lying and existing in the Town of Queensbury, between a point 4,873 feet and a point 6,728 feet westerly of West Mountain Road, said portion of road also being described as that lying and existing between the point of intersection of Sherman Avenue (also known as Clendon Brook Road) and a point on said Peggy Ann Road 1,855 feet east of said intersection, and WHEREAS, the Town Board of the Town of Queensbury has examined the circumstances and conditions of said portion of road to be abandoned, as well as the roads that generally service that area of the Town of Queensbury, and WHEREAS, Curtis S. Rowland and Marion I. Rowland, as well as the Board of Water and Sewer Commissioners for the City of Glens Falls, have executed a consent that the portion of highway described herein be discontinued and therein also release the Town of Queensbury from any claims to damages by reason of the discontinuance of said portion of highway, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, having read the application of Curtis S. and Marion I. Rowland, asking for discontinuance of a portion of a highway in the Town of Queensbury, as described in said application and the preambles of this Resolution, and it appearing that Sherman Avenue, also known as Clendon Brook Road, generally serves to provide access in that area of Town, and it appearing that no other persons or corporations, other than the applicants and the City of Glens Falls, own any premises through which said highway sought to be discontinued passes or to which it is adjacent, and it further appearing that no significant purpose is achieved in keeping that section of Fuller Road open and it further appearing that the Town Highway Superintendent is recommending that that portion of road be closed due to concerns of continued maintenance and repair, as well as potential impact on the City of Glens Falls Watershed property, and it further appearing that the portion of highway sought to be discontinued has become unnecessary and useless, NOW, THEREFORE, BE IT RESOLVED, that, upon due deliberation, the undersigned members of the Town Board of the Town of Queensbury do, pursuant to Section 171 of the Highway Law of the State of New York, consent in writing that the said portion of highway sought to be discontinued and described in the application and the preambles of this Resolution be discontinued, and BE IT FURTHER RESOLVED, that the members of the Town Board shall, in witness, hereunto set their hands in the Town Hall in said Town on the 17th day of April, 1995. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver (Five minute break) ATTORNEY MATTERS 8:55 P.M. Attorney Dusek referred to the Water Treatment Plant Expansion project. Noted that the bid opening is scheduled currently for April 25th but a situation has arisen in connection with the asbestos removal part of the project which had caused the specifications to be slightly amended. It is required that a variance be obtained from New York State in connection with the project as to how it will actually be carried out. Under New York State rules, asbestos removal is normally required to be down first before any phase of the project can be done. In our particular case, there's parts of the project that would be no where near the area of the asbestos removal and therefore we're seeking a variance from the appropriate state agency. If we do not get that variance, it will be required to amend the bid specifications with an addendum. If we get it, everything will be fine. So, as a result, in talking with the engineer as well as the Water Department, what they wanted was to see if they could adjourn bids for two weeks if necessary. They won't know that until this Thursday and the problem is, by the time they know it, they're also going to have to move very quickly to send out an addendum to amend which would be before your next meeting. So, therefore the proposal is to request from the Town Board a resolution which would authorize a two week adjournment of the bid date to be determined by the Water Superintendent if necessary as of Thursday. If it isn't necessary, then he won't adjourn it and they'll be scheduled to be opened on the 25th. If it is necessary, he would adjourn it. This would only apply with regard to the water plant, it would not affect the tank and the transmission pipe bid. Town Board held discussion and the following resolution was proposed: RESOLUTION AUTHORIZING WATER SUPERINTENDENT TO EXTEND BID DATE FOR THE WATER TREATMENT PLANT IF NEEDED RESOLUTION NO. 253, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Water Superintendent for the Town of Queensbury to extend the bid date, meaning the date the bids would be actually sent into the town in connection with Water Treatment Plant for a period of two weeks from the original bid date if it is determined that it is necessary to do so for purposes of further revising the bid specifications and sending out an addendum - the Town Board however would assume that the bids will be opened as schedule if there is no need to extend the date. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver Attorney Dusek noted that he has some papers for the board to sign in connection with a bond anticipation note closing and the road abandonment and will also need an executive session to talk about a couple of matters that are in litigation. DISCUSSIONS 9:00 P.M. Unsafe Structure - Usher, Assembly Point Director of Building & Codes, Mr. Hatin-The board, I believe has a copy of the letter I sent to Mrs. Usher several months ago? Councilman Caimano- Yes. Director of Building & Codes, Mr. Hatin-What I'm seeking from the board tonight is a typical resolution putting the owner on notice that she has to demolish this structure within a certain time frame or the Town Board will take further action. I have pictures of the property here to pass around to the board so you can see the collapsed state the building is in. (submitted pictures to the board for their review - on file in the Town Clerk's Office) Councilman Caimano- Y ou haven't heard from Ms. Usher? Director of Building & Codes, Mr. Hatin-I've talked with Mrs. Usher several times and she's made promises that she has a contractor to do it but the contractor never shows up. Councilman Monahan-Is this or isn't this the one where the dog sometimes is chained on the outside? Director of Building & Codes, Mr. Hatin-Crossover Lane, yea, next door to it. Councilman Monahan-It's next door to that one. Director of Building & Codes, Mr. Hatin-Next door to it, yea, just east of it. Councilman Monahan-Dave, why do you feel these are unsafe? We need to get that on the record. Director of Building & Codes, Mr. Hatin-Well, if you look at some of these pictures you can see where half of the roof has collapsed into the interior of the structure. In fact, this picture shows it very well, you can look up through and see day light. Supervisor Champagne-I thought that was a wall. Director of Building & Codes, Mr. Hatin-Ifyou look at the end of the, and Ted has a picture, you can see where the roof rafters are actually tipped in. Councilman Monahan-Is this open so that children can get into it? Councilman Caimano-Sure, that window is wide open. Councilman Monahan-It's not secure at all? Director of Building & Codes, Mr. Hatin-No, it's not secure at all. Attorney Dusek-Those photographs, Dave should be left with the Town Clerk so that they're part of the permanent record. Supervisor Champagne-What's your pleasure? Councilman Caimano-I'll move it but we need to put a date in number four. Councilman Monahan-What are we looking at for timing to set this? How many days do we have to have? Attorney Dusek-I would recommend you set it for your first meeting in May, May 1st. RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY LINDA USHER IS UNSAFE - TAX MAP NO. 9-1-37 RESOLUTION NO. 254, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. David Hatin, of the Building & Code Enforcement Department of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as Crossover Lane, Town of Queensbury, and bearing tax map no. 9-1-37, and has made findings as more specifically set forth in a letter dated January 5, 1995, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin has advised the Town Board of the Town of Queensbury that, in his opinion, the vacant structure on the property presents a hazard and a nuisance to the neighborhood, is unsafe to the general public, and does not appear repairable, and has asked the Town Board of the Town of Queensbury to take action to have the property demolished and removed if the property owner fails to demolish and remove said structure, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury, the Town Board may, by resolution, determine whether, in its opinion, the structure is unsafe and dangerous and thereafter order demolition and/or removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon, bearing tax map number 9-1-37, appear to be: 1. Presently unsafe and dangerous; 2. Potentially an object of attraction and danger to minors; 3. Unfit for the purposes for which it may be lawfully used; and 4. umepairable; and BE IT FURTHER RESOLVED, that the Director of Building & Codes be and hereby is authorized to serve a Notice upon the owner(s) of said property, said Notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises, 2. A statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Hatin's letter herein, 3. The Town Board feels, based on current information, that the structure should be demolished and removed within 30 days of receipt of this Notice, unless good cause is shown by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury, 4. That a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on May 1, 1995, at 7:00 p.m., in the Queensbury Activities Center, or not less than five (5) days from the date of service of this said Notice, whichever date if later, 5. That, at the hearing, the Town Board will also consider whether there is a clear and imminent danger to the life, safety or health of any person or property unless the building is immediately demolished and removed and whether to authorize the Director of Building & Codes to immediately demolish and remove from the premises and thereafter assess any charges to the real property as per ~68-11 of the Code of the Town of Queensbury. 6. In the event that there is neglect or refusal to comply with the order of this Board to demolish and remove the structure located on said property, the Town Board shall take action to have the building on the property demolished and removed and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of said action, including legal expenses; and BE IT FURTHER, RESOLVED, that service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 17th day of April, 1995, by the following vote: AYES Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT : Mrs. Pulver Naming of Private Roads Director of Building & Codes, Mr. Hatin noted that the Sheriffs Department called today and they are ready to go ahead with the Lake George zip code notification as soon as the Town Board okays the names. Town Board reviewed list checking for correct spelling. Councilman Caimano questioned the status of Snug Harbor Lane, Carpenter Lane? Director of Building & Codes, Mr. Hatin noted that the residents are here tonight to discuss that with the board. We have identified on your list as either name. The neighbors would like to have it called Snug Harbor. Betty has raised a concern that it's been called Carpenter Lane in the past. I told them I was not going to be the referee, I would let the board decide and I would afford them the opportunity to speak to the board. Supervisor Champagne opened discussion. Mr. Dick Cutting-I'm here in regard to naming Snug Harbor Lane. Several months ago Mr. Hatin came and delivered a letter from the Town of Queensbury to me requesting that I consult with the other residents, the people who actually reside on this lane, the Miller family and Mr. Pine. There are only three of us who actually reside on this lane. We tossed several names around and finally came up with Snug Harbor Lane. If you're wondering why this particular name, perhaps some of you have seen my radio control sail boats on the lake. When they're brought in, they're put in the garage, it's a snug harbor. As a retired sea captain, master mariner which like all other sea captains wish to retire to snug harbor. This is my snug harbor which I have retired to. Where else would you have snug harbor except on Snug Harbor Lane which is why we called it this. I have talked to other people who have been in the neighborhood for in excess of fifty years, none of them have ever heard this driveway called by any name let alone Carpenter Lane, Snug Harbor Lane, no name at all. It was just something that was there. In fact, until a few years ago when Mr. Joe Hanley took down a tree in the middle of it, it did not even go to Sunnyside North. It stopped just on the other side, the north side of Dianne Barber's property. Not only that but there was a fence across there part of which is still on Dave Pine's property and the other part of it is on the Miller property. We, as people residing on this lane are trying to comply with the letter and a request from the Town of Queensbury to put a name to it. Now if we, as the residents are not allowed to name it then I feel that we should be reimbursed for the several hundred dollars that we have put into building and maintaining this road. If somebody else is going to name it, then we feel that that person, who ever they may be should be responsible for maintaining it, keeping the stone on it, keeping it plowed. In other words, taking care of it. However, if we are allowed to do it, as we have done for many years, we will continue to do so. I have owned property on this driveway, if you wish to call it at the present time for over twenty years as my family or my wife's family has been around here for over sixty years. I've been around here almost as long as Mrs. Monahan has and none of them have ever heard it called this Carpenter Lane. No name at all. So, this is my presentation if you wish to call it that and my desire to live in snug harbor on Snug Harbor Lane in the Town of Queensbury. Thank you. Supervisor Champagne-Thank you. Anyone else care to speak? Mr. Dave Pine-My name is Dave Pine and I'm also one of the residents on the proposed Snug Harbor Lane. When Dick first approached Mr. Miller and myself with the several proposed names, we sort of kicked them around and came up with this name and it sort of fits the norm of the local but obviously the people that live there. I was surprised to find that there was a little bit of a conflict of the name aspect of it even though I'm aware of the fact that the Carpenters owned much of the property in that area for a number of years but I had never seen any name put to it or heard of any and I've been in that area only about twenty years so I'm a relative newcomer to the area. I just feel at this point in time that the three residents who live there have sort of unanimously come up with a name and I feel that we tried to put together our ideas on it and that I would prefer it to be called Snug Harbor Lane. Thank you. Supervisor Champagne-Thank you. Mr. Paul Miller-Yes, my name is Paul Miller and I'm also a resident on proposed Snug Harbor Lane. I don't want to get into the issue of what it mayor may not have been called in the past. It sounds like we're naming it for the first time. We've all agreed and discussed it, it's Dick's wish to call it Snug Harbor Lane, so be it. Snug Harbor Lane and I don't think there's any more to it. Thank you. Supervisor Champagne-Thank you. I got a phone call today as a matter off act on Snug Harbor Lane, this is from Barbara Toomey who evidently owns property adjacent to it. Councilman Monahan-She owns the land that this right-of-way goes over. Supervisor Champagne-She does own that land? Councilman Monahan-Absolutely. Councilman Caimano- What does she want? Supervisor Champagne-She would like to call this road, evidently the road that she owns, Carpenter Lane. I got a call from Dianne Barber who also evidently owns a parcel of property that is adjacent to it and maybe includes that in her deed who obviously is interested in the Carpenter Lane. So, we've got some major decisions here. Mr. Cutting-We admit Mrs. Toomey owns part of the land from Sunnyside Road into my property. She does own that. That land that she owns though, I believe will be numbered on Sunnyside Road. We are trying to get the numbers on Snug Harbor Lane for the enhanced 911 system. But her property line, Mrs. Toomey's property line to mine, I own this land, it is deeded in my name and my wifes. Next to me is Dianne Barber's property and then becomes Mr. Miller and Mr. Pine's property. Each of us own a part of this driveway. We have three out of five property owners, at least agreeing on one name. Thank you. Councilman Turner-Mr. Cutting, do you own it or do you have an easement over the road, over the lane that you're talking about? Mr. Cutting-I own my part of it. Each one of us owns are own section of it. Mrs. Toomey owns, or Mr. and Mrs. Toomey own from Sunnyside Road to my property line. I own from my property line to Mrs. Barber's property line and Mr. Miller and Mr. Pine own from their property line to Sunnyside North. This is property that we actually own, yes. We have, I have a deeded right-of-way across Mrs. Toomey's property. Mrs. Barber has a deeded right-of-way across Toomey's property and my property, both. Councilman Turner-And the same for the other two gentlemen, right? Mr. Cutting-No, they do not. Councilman Turner-Okay. Mr. Cutting-That was stopped a long time by the tree there, it was only opened up by Mr. Joe Hanley several years ago, approximately twenty-five years ago. I say twenty-five, it might have been twenty but we are the only ones that have the right-of-way across there. Their exits are to Sunnyside North. Councilman Caimano- What I really want to do is ask the people on that lane to get together and come up with a solution, since they're all adults. I don't know, what do you want to do? Councilman Turner-Let them go back and talk about it. Councilman Caimano-Would you like to go back one more time and see if you can resolve it among yourselves? Mr. Miller-What is there to resolve? Councilman Caimano-Get the people who are in the minority to agree that you are right and this is not a fight. I just don't like this whole thing. Mr. Miller-We have a simple majority now. Mr. Pine-Also, we're the only three residents of that property. Councilman Caimano-Oh, I thought you said, I thought Dianne was a resident? Mr. Miller-No. Councilman Monahan-She owns a lot. Supervisor Champagne-She doesn't reside there. Same way with Toomeys, they don't reside there either. Councilman Monahan-But if you look at the way the original deed runs from the Weaver family that gave these right-of-ways, the right-of-way is through what was the Weaver property and that is now the property that Toomey's own. So, the right-of-way is through their property. These people do not, they only own a right of, ingress and egress and only Dick Cutting does from Sunnyside Road ... Councilman Caimano- That makes logical sense, the only thing I ask you is as a friend and fellow board member is, does it not make logic also that these are the people who live there? Councilman Monahan-Well, you know, I think it's unfortunate and this is happening more and more that roads that have had a name and then somebody just comes in and willy nilly. I mean, I have old tax notices where that this road, with the prior name was on it. Supervisor Champagne-You do have tax notices? Councilman Monahan-I won't swear that I can find them for but yes, I have had tax notices in the old days when they used to tell you who was bounded by who and what, that that name was there as one of the boundaries. They don't do that nowadays but they used to and I, if you want to give me ten years to search papers in my house, I can probably come up with it. Mr. Jack Cushing-At the sake of creating any animosity here, I would simply state that I've been involved in the naming of roads before and in any of those roads, we always took the majority of the people who were living on those roads regardless of deeds or what happened twenty-five, thirty years ago. And one of the things that would happen twenty-five years ago, there is a statue of limitations, if something was named Carpenter Road twenty-five years ago and hasn't been used since then, then I think that's invalid. I think you have the majority of the citizens here, I think Snug Harbor Road is cute, I think it's quaint, I think it's an asset to the town. So, I would sincerely recommend to go along with the citizens. Town Board held discussion to research further for documentation before making any decisions and agreed to revisit the issue at the board's next scheduled meeting. Water Study - O'Brien & Gere Supervisor Champagne requested permission from the board to contact Tony Geiss so that he may proceed with the study of providing water to the City of Glens Falls. Town Board held discussion, agreed to give permission to proceed ahead. Mr. Jack Cushing, representing Queensbury Business Association noted support of the Town Board's decision to go forward. Mr. Lincoln Cathers, representing the Adirondack Regional Chamber of Commerce noted that the Board of Directors passed a resolution last Thursday which reinforces and supports the position of the town. Mr. Bob Sears, representing the Glens Falls Chamber of Commerce also noted their support of the Town Board's decision. Presented a petition with approximately a hundred and fifty signatures to the Supervisor. Mr. Bernard Rahill, Queensbury questioned the rational of this plan? Councilman Caimano- The perspective as the town foresees it, is the continued attempt towards a regionalization in whatever small effort and the first effort seems to be in the joint water project. We always talk about the fact, at least from our side of the table that we feel that any conversation from Glens Falls that says it's too expensive to buy from Queensbury, is ludicrous because there's never been a real study to determine what it would cost under this new project for Glens Falls to buy water or to be a part of a regional water project with Queensbury. No one has ever done that, we've never actually, neither side has done the study. So, on the theory that we're going to continue and I'll speak for myself and the Supervisor can speak for himself, on the theory that we're going to continue to try to act as good neighbors and be regional and things, we're going to go ahead and spend the money for the project. Overtime Pay/Compo Time Policy Supervisor Champagne noted this will be pulled until Amtek comes in to review it. Adirondack Lumberjacks Supervisor Champagne referred to the presentation from Adirondack Lumberjacks requesting some financial support. Town Board held discussion, agreed not to financially support a private enterprise. Weeks Road Town Board, Highway Superintendent Mr. Naylor, Executive Director Mr. Martin, Mr. Charlie Scudder, engineer for the project and the nearby residents discussed the realignment of Sweet Road. No final decision was made but to continue moving forward and discussion will continue at the next Town Board meeting. Councilman Turner noted some stat's for the public's information: May 11, 1994 - 2400 cars out of Sweet Road in a twenty-four hour period, 2600 cars out of Weeks Road in a twenty-four hour period. OPEN FORUM 10: 10 P.M. Connie Goedert referred to the EMS service award and questioned the status? Supervisor Champagne recommended a meeting with Connie, the attorney and himself to research the Issue. Mrs. Goedert referred to the resolution of the hiring of the fire consultant noting that it states fire service consultant. Supervisor Champagne noted that it should be both, fire and EMS. Mrs. Goedert noted, if that is wrong, then you must understand that a fire service consultant that does a study for EMS, does a study for fire departments and EMS agencies that are put together, that are one of the same. For the EMS services in the Town of Queensbury, we are private amenities. So, our requirements in that will be different then that of one that is also a member of a fire department. Councilman Monahan noted that that was made plain to every consultant that was interviewed. Mrs. Goedert questioned the cost of the study? Supervisor Champagne noted something in the neighborhood of eighteen to twenty thousand dollars. Mrs. Goedert questioned where the funds are coming from, what line item? Supervisor Champagne noted, from funds that have been appropriated for this purpose, out of the general fund. Mrs. Goedert referred to the Town Clerk's appointment, questioned if somebody chooses to run for that office, do they now also get the responsibility of doing that five thousand dollar tax receiver? Do the two now go together? Councilman Caimano-No, the Town Clerk's duties are stipulated and they run for the Town Clerk's duties. If they choose to take on the additional responsibility, that would be their choice. That's what I think, that's not what I know. Supervisor Champagne-My understanding is that the Town Clerk is Town Clerk, all other positions are negotiated. Attorney Dusek-The way it's been structured by the Town Board, the Town Clerk's position stands alone and the Town Board every two years will have to make a determination as to who to appoint as tax receiver which mayor may not be the Town Clerk. However, there are provisions under the law that allow the Town Board to by law assign duties and responsibilities to the Town Clerk which she would have to take. Supervisor Champagne-That's not the case right now. Councilman Caimano-At this point, that has not been done. Mrs. Goedert -Has she been doing this job right along or is this something new that's going to be added to her job? Councilman Caimano-Betty Eggleston has been doing the job. Mrs. Goedert-Darleen who works forty hours in the Town Clerk's position is now going to work doing Betty's job for five thousand dollars? Councilman Caimano- The job that she's going to take on is a management oversight position. It is not a functional clerk's position, that's why we've given more money to the clerk. Supervisor Champagne-There's been a part-time deputy tax receiver and that job will now go full-time. Mr. Pliney Tucker-Questioned the money the town is saving? Councilman Caimano-Noted a savings of about seventeen thousand. Mrs. Goedert -Questioned the status of the financial study of fire & EMS that was to be done for the budget? Councilman Caimano-Noted that the town has not received a final report but would look into the situation. Mr. Rahill-Referred to the new master plan that's scheduled to come out by Mr. Martin and questioned what it's predicated on, such as what analysis of documents and information from the public? Supervisor Champagne-Noted the information was gathered from neighborhood meetings over the past year plus and that the town has since appointed a committee of fourteen people that are working on that input doing an assessment, a needs assessment in trying to identify everything from rezoning to, help me with this Jim. Executive Director, Mr. Martin-Infrastructure needs through the five year period, housing, all the various elements of community planning. Supervisor Champagne-They've been meeting once every two weeks. Hopefully, it will be completed by the fall of this year. Mr. Rahill-Questioned if this committee is preparing a questionnaire for all of the citizens in the Town of Queensbury to ask them specifically what they want in terms of planning and development in this community for their families and for their homes in the future? Executive Director, Mr. Martin-No we are not. Councilman Monahan-Those are the questions that were asked at the neighborhood meetings. Executive Director, Mr. Martin-The town held eight public meetings last year. Councilman Monahan-With alot of publicity and that's when we asked people to come forth and answer those kinds of questions. Executive Director, Mr. Martin-They were brought out into the neighborhoods in an attempt to make it easier for the public to participate. Mr. Tucker, Division Road-Referred to the ethic's law and questioned the status? Supervisor Champagne-Noted, the town advertised on two different occasions, we have three applications for five vacancies. So, we're going to go back out for those two remaining positions and then interview all five. Mr. Tucker-Questioned the whereabouts of the Fourth Ward Representative? Supervisor Champagne-Noted that she's been ill. Mr. Tucker-Referred to the articles in the paper regarding land acquisition of Cole's Woods by the City from the Town of Queensbury and questioned the status. Supervisor Champagne-Noted there's nothing in writing at this stage. Mr. Tucker-Questioned whether there's any discussions? Councilman Caimano- The town has seen nothing, it's been all talk. Mr. Tucker-Questioned the cost of the lawsuit of the water tanks? Attorney Dusek-Noted, the court challenge has been part of my normal duties salary. The only thing the town has paid over and above my salary would be the actual filing cost for the court which is two hundred fifty. Mr. Tucker-Referred to the Southworth settlement and questioned why only one thousand dollars? Supervisor Champagne-The best we can say is that, that was the agreement and that's what we settled for. Mr. Tucker-Referred to the highway bids for the excavator and bulldozer and questioned how many bids were received? Supervisor Champagne-I'm not sure but stop at the office tomorrow and I'll share the bid information, the bids received and the bid amounts with you. Mr. Tucker-Okay, thank you. Mr. John Salvador, North Queensbury-Noted, happy to hear tonight that we finally rescinded the agreement with Lake George Park Commission. Questioned whether the town has read their spring update? Supervisor Champagne-Yes I did, and I think I told you that two weeks ago when you asked me. Mr. Salvador-Noted, the Park Commission is planning to begin public discussion and debate on the needs for wastewater management regulations. Questioned whether the town is going to be involved? Supervisor Champagne-Noted, Jim Martin has been working with that and he's reported back to you what we're doing on that. Executive Director, Mr. Martin-Wastewater has been very quiet. That's the first I've seen any news about that in the newsletter, I read it last week and that's the first I've seen any information about wastewater since the rules were voided. Mr. Salvador-Referred to, under the old wastewater agreement when the town was doing annual inspections in North Queensbury on behalf of the Park Commission, issuing permits and collecting data and questioned where this information can be obtained? Executive Director, Mr. Martin-Noted, that information is in our files to the extent that we did it, it was not completed. Mr. Salvador-Questioned whether the Park Commission has received any of this information? Executive Director, Mr. Martin-I'm not sure about that because it ended just as I was coming on. I don't think they have. They took up the program in the interim between the time the town stopped and the regulations were actually voided. I think there was one year in there when they did their own inspections. Mr. Rahill-Recommended a change in the meetings format by putting the open forum at the beginning of the meeting so that citizens would have more opportunity to participate. Supervisor Champagne-My understanding was when we put this together, there were arguments that would lead to, until you've heard the resolutions, until you've heard the board's action that you would be in a better position to speak on those issues and I guess that was my rational for going at the end of the session. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 255, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel matter and a litigation matter. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION RESOLUTION NO. 256, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and Regular Session. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mrs. Pulver No further action was taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY