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1995-07-10 REGULAR TOWN BOARD MEETING JULY 10, 1995 7:06 P.M. MTG#40 B.H. 16-17 RES. 374-396 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN THEODORE TURNER COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER BOARD MEMBERS ABSENT COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK (ABSENT) PRESS POST STAR, WWSC SUPERVISOR CHAMPAGNE-Opened meeting. PUBLIC HEARINGS LOCAL LAW TO AMEND CODE TRANSIENT MERCHANT OPENED 7:06 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Do you want to kind of bring us up to date on that one Jim? EXECUTIVE DIRECTOR, JIM MARTIN-This is the latest in a series of amendments. The primary purpose of this change is to again provide some clarifications about general prohibitions in the law that's the first addition and then to further expand on the general exceptions the language in that section. It also builds in some enforcement capability for the Town Code Compliance Officer to issue appearance tickets when a violation is noted at the time. Those are the primary changes to the law at this time. SUPERVISOR CHAMPAGNE-It does put some onus back on the property owner is that correct? EXECUTIVE DIRECTOR, MR. MARTIN-That's correct. SUPERVISOR CHAMPAGNE-Anyone is the audience have anything more to add to that or any questions they may have pro, con? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-Anyone from the Board? PUBLIC HEARING CLOSED 7:07 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 10, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF, ENTITLED, "PEDDLERS/SOLICITORS, TRANSIENT MERCHANTS/ TRANSIENT MERCHANT MARKETS" RESOLUTION NO. 374, 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 add a new section entitled, "General Prohibitions," add language in the section entitled, "General Exemptions," and add a new section entitled, "Enforcement," 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 July 10, 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 10, 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 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan LOCAL LAW NO. 10,1995 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" 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, is hereby amended by adding a new ~ 160.5.1 entitled, "General Prohibitions" and reading as follows: ~160.5.1 GENERAL PROHIBITIONS. A. No person, corporation, partnership, or sole proprietorship shall operate, cause to be operated, or participate in a transient merchant market and/or conduct business as a transient merchant, peddler, and/or solicitor, unless and until a license has been received from the Town of Queensbury in accordance with the provisions of this Chapter. B. No owner of real property located in the Town of Queensbury shall knowingly allow said real property to be used by or in furtherance of the business of a transient merchant or a transient merchant market, unless the transient merchant and/or transient merchant market shall have first been licensed as required by this chapter. Real property shall be deemed "used" as provided herein when the real property is the place where goods and/or services are offered for immediate sale and/or where orders are taken for subsequent delivery of goods or furnishing of services by transient merchants and/or transient merchant markets. "Knowingly" shall be defined and application of such term shall be as the term set forth in the Penal Law of the State of New York. SECTION 2. The Code of the Town of Queensbury, Chapter 160, ~160.6 thereof, entitled, "General Exemptions" is amended by deleting the first unnumbered lead sentence and adding and substituting language therefore as follows: ~160.6 GENERAL EXEMPTIONS - The provisions of this Local Law shall not apply to: The provisions of this Chapter which require registration and/or licenses shall not apply to the following types of sales, except that any activities or locations used in furtherance of sales identified hereunder must still comply with all other laws, ordinances, rules, and regulations of the State of New York, County of Warren and/or Town of Queensbury, including the Town of Queensbury Zoning Laws: A) any sales conducted pursuant to statute or by order of any court; B) the PEDDLING of meats, fish, fowl, fruit, vegetables, flowers, shrubs and trees by a gardener or farmer or his employees where the products so sold or offered for sale are the produce of this vendor's farm, garden or orchard; C) daily newspapers; sales by dealers in milk, baked goods, heating fuel, dry cleaning/laundry and D) sales by any person soliciting at the express invitation of the person solicited or soliciting to established customers; E) sales by any school group, veterans, fraternal or charitable organization, volunteer firemen's association, religious, civic or service group or other non-profit organization or association that maintains a chapter or place for the regular conduct of business or meetings within the County of Warren; F) to any veteran who has procured a license from the State of New York pursuant to ~32 of the General Business Law; G) to garage sale. H) any sales conducted by the owner of an established business from the site of said business. This is not intended to provide exemption to requirements as set forth in Chapter 179 Zoning. SECTION 3. The Code of the Town of Queensbury, Chapter 160 thereof, shall be amended to add a new ~160.15 entitled, "Enforcement" to read as follows: ~ 160.15. Enforcement. In addition to the Town of Queensbury officers and/or employees authorized, expressly or by implication, to administer and enforce this Chapter, the Code Compliance Officer for the Town of Queensbury is expressly delegated the duty and responsibility to administer and enforce the provisions of this Chapter and in furtherance thereof, to issue appearance tickets as defined, authorized, and set forth in Article 150 of the Criminal Procedure Law of the State of New York. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. PUBLIC HEARING LOCAL LAW TO AMEND THE CODE SIGNS OPENED 7:08 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-This is the one that we have to do the SEQRA on is that correct? EXECUTIVE DIRECTOR, MR. MARTIN-That's correct. SUPERVISOR CHAMPAGNE-Do you want to further explain that Jim as long as you've been working on it. EXECUTIVE DIRECTOR, MR. MARTIN-This is to provide some clarification in terms of signage that relate to so called political signs. In the past it has been somewhat unclear as to how these types would be regulated under the existing law. This sets forth requirements for type and size of such signage also placement as to where they can be placed and time frames for them to be put up and then taken down after the election or ballot event. It also set forth a small fee of $25.00 dollars basically to cover the administrative cost of regulating the signs. Just to be specific type and size. It will be double sided, freestanding signs shall be limited to nine (9) square feet in area, maximum height off our (4) feet. Wall signs to be limited to nine (9) square fee. Placement signs may be placed in all zoning districts provided that the property owner approval has been obtained. Shall placed in such manner shall also provide a clear vision zone at intersections. Time frame they may be placed sixty (60) days prior to the day of the primary or general election or ballot and must be removed within five (5) days thereafter and the fee is $25.00. SUPERVISOR CHAMPAGNE-Anyone here to speak for or against? Political signs being nine (9) square feet, out of the right-a-way permission of the owner. COUNCILMAN CAIMANO-I have a question if no one else does just in case I might have to use this. On page 2, of the law under $25.00 fine I'm assuming that there is no deposit anymore necessary for political signs? EXECUTIVE DIRECTOR, MR. MARTIN-That would be correct. It would be just the fee. The deposit there really is no function for it and is really a paperwork problem also. SUPERVISOR CHAMPAGNE-Any further discussion, yes. UNKNOWN-What incentive would they have in taking them down then? EXECUTIVE DIRECTOR, MR. MARTIN-There is fines that are contained elsewhere later on in the sign code that stay in place. If you are in violation you'd be sighted. The typical course of events is you are asked to remove them if you don't do so on a certain time frame then there is a court summons issued. COUNCILMAN CAIMANO- There is a question also in this time frame. I noticed that Dusek the lawyer has written this again. It says sign must be removed within three (five) days after the day. EXECUTIVE DIRECTOR, MR. MARTIN-It should be five that's a good thing to catch. COUNCILMAN CAIMANO- Then there is a penalty is you don't remove them. SUPERVISOR CHAMPAGNE-Anyone else? Anyone else from the Board. Okay you want to take us through the SEQRA. PUBLIC HEARING CLOSED 7:11 P.M. EXECUTIVE DIRECTOR, MR. MARTIN-Does action exceed any Type 1 threshold in NYCRR 617.6? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Will action receive coordinated review as provided for in unlisted actions in 6 NYCRR, Park 617.6? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C. Could action result in any adverse effects associated with the following. C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C4. Community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C6. Long term, short term, cumulative, or other effects not identified in CI-C5? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C7. Other impacts? TOWN BOARD-None. EXECUTIVE DIRECTOR, MR. MARTIN-Is there, or is there likely to be, controversy related to potential adverse environmental impacts? TOWN BOARD-No. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 11,1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 140 THEREOF, ENTITLED "SIGNS" RESOLUTION NO.: 375,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a Local Law which would amend the Code of the Town of Queensbury, Chapter 140 thereof, entitled "Signs", more specifically, ~140-6 and ~140-8 thereof, entitled, "Signs for Which Permits are Required; Number; Regulations," and "Permit Procedure; Fees" respectively, to add a new paragraph to each section relating to political signs, as signs allowed without permits, and providing regulations as to allowed type and size, placement, time periods during which such signs will be allowed, and the fees charged, 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 after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in ~617.11, and thoroughly analyzing the said action 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 Supervisor is hereby authorized and directed to complete and execute Part III 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 pursuant to ~617.15, 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 10th day of July, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION TO ENACT LOCAL LAW NUMBER 11, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 140 THEREOF, ENTITLED "SIGNS" RESOLUTION NO. 376, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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 140, entitled "Signs," more specifically, ~140-6 and ~ 140-8 thereof, entitled, "Signs for Which Permits are Required; Number; Regulations," and "Permit Procedure; Fees" respectively, to add a new paragraph to each section relating to political signs, as signs allowed without permits, and providing regulations as to allowed type and size, placement, time periods during which such signs will be allowed, and the fees charged, and WHEREAS, a copy of the proposed Local Law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 140 thereof, entitled "Signs", 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 July 10, 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 determines that the adoption of this Local Law is an unlisted action under the terms and provisions of the regulations adopted by the Department of Environmental Conservation in accordance with the State Environmental Quality Review Act, and BE IT FURTHER, 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 140 thereof, entitled "Signs", more specifically, ~140-6 and ~140-8 thereof, entitled, "Signs for Which Permits are Required; Number; Regulations," and "Permit Procedure; Fees" respectively, to add a new paragraph to each section relating to political signs, as signs allowed without permits, and providing regulations as to allowed type and size, placement, time periods during which such signs will be allowed, and the fees charged, and which Local Law shall be known as Local Law No. 11, 1995, the same to be titled and contain such provisions as are set forth in the 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 10th day of July, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Monahan LOCAL LAW NO. 11,1995 A Local Law to Amend the Code of the Town of Queensbury, Chapter 140, thereof entitled "Signs. " BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 140 of the Code of the Town of Queensbury, ~140-6, entitled "Signs for which permits are required; number; regulations" is hereby amended to add a new paragraph "C" as follows: C. Signs involving the advertisement of candidates for public office, or involving the advertisement of issues on a public ballot or referendum shall be regulated as follows: 1. Type and size. a. Double sided, freestanding signs shall be limited to nine (9) square feet III area. Maximum height shall be four (4) feet. b. Wall signs shall be limited to nine (9) square feet in area. 2. Placement. a. Signs may be placed on lots in all zoning districts provided that property owner approval has been obtained. No sign may be placed in the public right-of-way. b. Signs shall be placed in such a manner so as to maintain a clear vision zone at all intersecting comers of the public right -of-way. The clear vision zone shall consist of a triangular area defined by the point of intersection of the right-of-way lines and the two (2) points extended along such lines for a distance of thirty-five (35) feet from any intersection. Signs in excess of three feet in height in the clear vision shall be prohibited. 3. Time frame. a. Signs may be placed within sixty (60) days prior to the day of the primary or general election or ballot. Placement of signs earlier than the aforementioned sixty (60) day time frame shall be prohibited. b. primary, election, or ballot. Signs must be removed within three (5) days after the day of the SECTION 2. Chapter 140 of the Code of the Town of Queensbury, ~ 140-8, entitled, "Permit procedure; fees" paragraph B, entitled, "Fees" is hereby amended to add a new sub-paragraph "b" and re-letter the existing sub-paragraph "b" to "c" as follows: B. Fees. (1) A fee shall be paid to the Director of Building and Code Enforcement for each sign permit issued as set forth in the following schedule: (a) Temporary sign or group of identical signs: fee often dollars ($10.) and deposit of fifty dollars ($50.); for ten (10) signs or more, deposit of one hundred dollars ($100.). (b) Sign permits involving signs for the advertisement of candidates for public office, or involving the advertisement of signs on a public ballot or referendum shall be subject to a lump sum or fee of twenty-five dollars ($25.) per applicant. (c)b All others: fee of two dollars ($2.) per square foot of sign area. (2) Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining a permit therefor, the fees specified in the fee schedule shall be doubled but the payment of such double fees shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from the penalties prescribed in this chapter. SECTION 3. Effective date. This Local Law shall take effect at the earliest time allowed by the Municipal Home Rule Law, following adoption of the same by the Town Board of the Town of Queensbury. PUBLIC HEARING 7:15 P.M. LOCAL LAW TO AMEND THE CODE ZONING OPENED NOTICE SHOWN EXECUTIVE DIRECTOR, MR. MARTIN-This is a rather lengthy revision to primarily the waterfront residential areas of the Town those areas zoned for that designation. It first begins in the definition section. There is a definition for building square footage total. A new definition for guest cottage and a lot line front new definition. Moving on into the waterfront residential zone itself. There are changes there to the WR-IA. One principal building is allowed for every one (1) acre within the zone a minimum of two (2) acres is required for clustering. WR-3A-One principal building is allowed for every three acres within the zone. A minimum of six (6) acres is required for clustering. B. Purpose. The purpose of waterfront residential zones is to allow appropriate opportunities for developments that will not upset the ecological balance of all lakes and the Hudson River and not be detrimental to the visual character of the shoreline and lands in proximity to it. Changes to the use schedule for the zone or building schedule. The maximum building height for building height for principal structures would be reduced to twenty-eight (28) feet. Also there would be a new for the first time height for accessory structures set at sixteen (16) feet. We also make some adjustments for side setbacks on lots of sixty (60) feet or less in width and lots of greater than sixty (60) feet but less than a hundred and fifty (150) feet in width. We would change and provide some reduction from what we currently now have. Built into the regulations also would be a building size regulation floor area ratio. All lots within the waterfront residential zone are subject to a total building square footage limitation often percent of the lot size. Total building square footage includes the principal and all accessory structures that part of the regulation would tie into the change in the definition section where we now have a building square footage total definition. Added into the use schedule as permitted accessory uses would be guest cottage and private dock. Docks would be removed from site plan review, however, private boathouse(s) and covered dock(s) would remain as a site plan review structure. There is some clarification as to the lots bounded by two roads and now a road and a shoreline the treatment basically is that the lot now has two front yards and two rear yards and no side yard. There are a couple corrections to be noted. One that I sent you in a memo dated July 6th, 1995 regarding Page 3. About a third of the way down the page where it says lot width sixty (60) feet or less or lot widths greater than sixty (60) feet to a hundred and fifty (150) feet. At the top of that column setting forth the requirement for the setback that should read side and rear setbacks. The reason for that if we are saying that a shoreline lot has two front yards than it would obviously would have two rear yards and not a side yard. Then the second would be on page four (4) bottom paragraph six lines up from the bottom. Each of the roads that should be each road it should not be plural. COUNCILMAN CAIMANO-It's not. Mine is blocked out. EXECUTIVE DIRECTOR, MR. MARTIN-Okay. That would be it. COUNCILMAN CAIMANO- Y ou sent us a letter and I just want to clarify. EXECUTIVE DIRECTOR, MR. MARTIN-It's the Board's determination if you think that is a minor change. COUNCILMAN CAIMANO-I'm not sure about that Ted what do you think? I think that is significant if you don't think so I'll not say anything. COUNCILMAN PUL VER-I think it is insignificant. If no one is here to even discuss it. SUPERVISOR CHAMPAGNE-We don't know that yet. COUNCILMAN PULVER-It's been advertised. COUNCILMAN TURNER-We haven't opened it up yet let's see what they have to say and take it from there. SUPERVISOR CHAMPAGNE-Anyone from the office wish to speak for or against this new local law? EXECUTIVE DIRECTOR, MR. MARTIN-Something I would want to point out. A section of the law that is rather new and is a new concept in our zoning code completely is this floor area ratio. We tried our best at a ten (10) percent figure to come up with a reasonable figure, but in all honesty and fairness I have to tell you if may be subject to some adjustment in the future. I would recommend that we see how that works. COUNCILMAN CAIMANO-I think it will with the history of it and see what happens the experience of it. EXECUTIVE DIRECTOR, MR. MARTIN-It may be very well that we have to adjust it somewhat. COUNCILMAN TURNER-The real limitation on it is that it includes all the buildings on the lot. EXECUTIVE DIRECTOR, MR. MARTIN-And all floors of all buildings. COUNCILMAN TURNER-All floors and everything that's the major limitation. SUPERVISOR CHAMPAGNE-I'll ask again anyone from the audience? JOHN SALVADOR-North Queensbury. We presently have our marina facilities located in a waterfront residential one acre zone. It's the first time I'm seeing this with regard to docks and boathouses. I question whether or not the Towns jurisdiction extends beyond the shore line in most areas with regard to boathouses and docks as they extend beyond the shoreline. EXECUTIVE DIRECTOR, MR. MARTIN-I agree that there is a fundamental concern because the property line does extend to the shoreline in most cases. I think your one of the rare ones that it does not. COUNCILMAN CAIMANO-Ifyou wanted to change one of your docks or if you wanted to put a roof on it or a sun deck you would have to come to the Queensbury Planning Board to get that done. It's been going on for many many years so I would say, I understand your point. I guess, I would say that out of common usage I would think that we have jurisdiction there. EXECUTIVE DIRECTOR, MR. MARTIN-That was going to be my explanation back. I know its been the practice and its a practice in a great many Town's along the lake shore. COUNCILMAN TURNER-It's part of the assessment too it's all tied into the taxes. MR. SALVADOR-Most of our waterfront facilities are on our private lands our boathouse is not it's on public land. I question that you have jurisdiction on public land? COUNCILMAN CAIMANO-Pay taxes on it? MR. SAL V ADOR-I pay taxes on my private land. COUNCILMAN CAIMANO-On that boathouse? MR. SALVADOR-The boathouse is there because I had a granted easement from the Office of General Services. COUNCILMAN CAIMANO-Your weaseling. Do you pay taxes on it? MR. SAL V ADOR-I don't know it's all one big number. EXECUTIVE DIRECTOR, MR. MARTIN-I think for example if a house has no dock and a dock is then installed I think a reflection is made in the assessment. MR. SALVADOR-Most places on the lake, Lake George the docks are located on public lands. EXECUTIVE DIRECTOR, MR. MARTIN-I agree with that. MR. SALVADOR-They are under the jurisdiction of the Office of General Services as public lands. If you build a boathouse or a dock you need an easement from them. EXECUTIVE DIRECTOR, MR. MARTIN-I will say that this change that's being made is more in keeping with what your saying it's taking docks out of our review so to speak. The super structure so called dock coverage and things like that will still remain right now we have everything under review. MR. SALVADOR-It's a case of overlapping jurisdiction and then we have the Park Commission as well. COUNCILMAN CAIMANO-It's that big a rush. EXECUTIVE DIRECTOR, MR. MARTIN-I rather have it done right. We've had the same discussion at the Comprehensive Land Use Committee, you know it is state land. SUPERVISOR CHAMPAGNE-Let's do it right. EXECUTIVE DIRECTOR, MR. MARTIN-Let's wait for Paul. IT WAS THE DECISION OF THE TOWN BOARD TO LEAVE THE PUBLIC HEARING OPENED. PUBLIC HEARING TO REMAIN OPEN RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 377,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 10th day of July, 1995, by the following vote: Ayes: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None Absent:Mrs. Monahan RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. WILLIAM H. BERNARD RESOLUTION NO.: 16,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. William H. Bernard has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Tables 5 & 6, such standards providing that there be 550 square feet of absorptive area, and WHEREAS, Mr. William H. Bernard has indicated a desire to provide only 225 square feet of absorptive area, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 7th, 1995, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. William H. Bernard to provide 225 square feet of absorptive area, rather than providing the mandated 550 square feet of absorptive area, on property situated at 6 and 8 Linden Avenue, Town of Queensbury, New York, and bearing Tax Map No.: Section 101, Block 6, Lot 5, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 17, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into Regular Session. Duly adopted this 10th day of July, 1995, by the following vote: Ayes: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne Noes: None Absent:Mrs. Monahan RESOLUTION AUTHORIZING INCREASE FOR ENGINEERING SERVICES LANDFILL CLOSURE RESOLUTION NO.: 378,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury currently has a contract with Mrs. LaVerne Fagel for consulting services in connection with the landfill closure process and construction, and WHEREAS, the Town Board of the Town of Queensbury is desirous of continuing that contract and continuing to have Mrs. Fagel act as a consultant and therefore, finds that it is necessary to increase the total amount that has been previously authorized to be paid to Mrs. Fagel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to continue with the contractual relationship on the same terms as currently as in the contract, and hereby further authorizes an additional sum of up to $6,000 to continue the services of Mrs. LaVerne Fagel as a consultant, with the understanding that if further funds are needed, the matter must come back to the Town Board for further review, but at this time, a further amount of $6,000 is allocated to be paid for from the same account that the consultant fees are currently being paid for from. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION AUTHORIZING INCREASED APPROPRIATIONS FOR LANDFILL CLOSURE CONSTRUCTION PROJECT RESOLUTION NO.: 379,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously authorized $2.2 million in appropriations for completion of the landfill closure capital project, and WHEREAS, the project originally included a 33 acre waste area, and WHEREAS, the actual area required to be closed was 36 acres, and WHEREAS, LaVerne B. Fagel, Environmental Consultant, was hired by the Town of Queensbury to assist in the landfill closure project, and WHEREAS, Mrs. Fagel has estimated the cost to close the 36 acre waste area at $2.39 million, and WHEREAS, Mrs. Fagel recommends increasing appropriations for completion of the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an increase of appropriations in the Landfill Closure Capital Project from $2.2 million to $2.45 million to cover the above-mentioned increase in costs. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION AUTHORIZING BIG BROTHERS/BIG SISTERS OF WARREN WASHINGTON COUNTIES TO CONDUCT FIVE (5) MILE RACE RESOLUTION NO. 380, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Big Brothers/Big Sisters of Warren-Washington Counties has requested permission to conduct a five (5) mile race as its summer fund-raiser as follows: SPONSOR: EVENT: DATE: Big Brothers/Big Sisters of Warren-Washington Counties Five (5) Mile Race Saturday, August 26, 1995,9:00 a.m. PLACE: Beginning at Adirondack Community College, Proceeding South on Bay Road, East on Cronin Road, North on Meadowbrook Road, East on Haviland Road, Around the Loop at Master Commons South, West on Haviland Road, South on Bay Road, and Returning to the College. (Letter and Map Regarding Location of Run Attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from Big Brothers/Big Sisters of Warren-Washington Counties, to hold their five (5) mile race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent, which approval may be rescinded or which may modify the authorized date. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Monahan RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 381,95 INTRODUCED BY: Mrs. Carol Pulver 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: BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1400 (Laborer A) 01-1620-1470-0002 (Working Foreman Overtime) 2,500. COMMUNITY DEVELOPMENT: TO: $ AMOUNT: 01-3620-4400 01-3620-4110 900. (Misc. Contractual) 01-3620-4090 (Conference Expense) 01-3620-4090 (Conference Expense) (Vehicle Repair & Maintenance) 01- 3620-1 060-0002 (Clerk, Proj. - Overtime) 01- 3620-1 060-0002 (Asst. Bldg. & Zon. Enf. Officer Overtime) 200. FROM: COMPTROLLER\DATA PROCESSING: TO: 001-1680-2100 (Computer Hardware) 001-1680-1002 (D.P.-Misc. Payroll) 001-1680-4400 (Misc. Contractual) 2,700. 001-1680-4400 (Misc. Contractual - D.P.) 500. FROM: COMPTROLLER\PERSONNEL: TO: 001-1430-1045 (Personnel Director) 001-1430-2001 (Personnel - Misc. Equipment) and BE IT FURTHER, 001-1430-4400 (Misc. Contractual - Personnel) 30,250. 001-1430-4400 (Misc. Contractual - Personnel) 3,500. RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 10th day of July, 1995, by the following vote: NOES: None AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne ABSENT:Mrs. Monahan RESOLUTION CONSOLIDATING DEPARTMENTS AND ESTABLISHING NEW POSITIONS RESOLUTION NO.: 382,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 100. $ AMOUNT: $ AMOUNT: WHEREAS, there currently exists within the Town of Queensbury, a separate department for Waste Water and a separate department for Water, and WHEREAS, the Department of Waste Water consists of two employees and frequently is assisted with appropriate charge-backs by the Water Department, and WHEREAS, the Town Board of the Town of Queensbury is of the opinion that the Departments should be consolidated and the positions modified accordingly, and WHEREAS, Town Law ~20 provides that the Town Board may determine and retain such other employees as the Town Board may feel necessary for the appropriate conduct of the affairs of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby consolidates the Departments of Waste Water and Water into a single Department to be known as the Town of Queensbury Department of Water and Waste Water and hereby provides that Thomas K. Flaherty shall be the Superintendent of the Consolidated Department, with an annual salary increase in the sum of $1,000.00, and Michael O. Shaw, current Waste Water Director, shall be the Deputy Director of Waste Water, with no further changes or other action to be taken at this time, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to provide the appropriate change of employment status forms to New York State Civil Service. Duly adopted this 10th day of July, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION AUTHORIZING CANOPY ON TOWN OF QUEENSBURY COURTHOUSE LAWN RESOLUTION NO.: 383,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Adirondack Nautilus, Ltd. has requested permission to place a canopy on the grounds of the Town of Queensbury Courthouse Lawn on Glenwood Avenue on August 12, 1995, and WHEREAS, Adirondack Nautilus, Ltd. has provided a Certificate of Liability Insurance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Adirondack Nautilus, Ltd. to place a canopy on the Town of Queensbury Courthouse Lawn on Glenwood Avenue, on August 12, 1995, in accordance with the attached letter. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Monahan DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Noted that he has received a letter and petition from residents of Peggy Ann Road noting the area that has not been reconditioned or improved they are concerned that the road is a more dangerous highway. It was the Town Board's decision to have a traffic engineer study the highway to see what needs to be done in order to relieve the Town of any future liability. The following resolution was passed. RESOLUTION RETAINING ENGINEER TO PERFORM TRAFFIC STUDY ON PEGGY ANN ROAD RESOLUTION NO.: 384,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury desires to hire an engineer for a traffic study on Peggy Ann Road, and WHEREAS, Flint, Allen, White & Radley, Consulting Engineers, P.C., have offered to perform the necessary engineering services for the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Flint, Allen, White & Radley, Consulting Engineers, P.c., for a traffic study on Peggy Ann Road, at a sum not to exceed $7,000.00, and to be paid for from Account No. 01-1440-4400 (Engineering Miscellaneous Contractual), with authorization to transfer this sum from the Contingency Fund, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an agreement in a form to be approved by the Town Attorney, for the retention of the services of Flint, Allen, White & Radley, Consulting Engineers, P.c., consistent with the terms and provisions of this resolution. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION APPROVING THE TERMS, FORM, AND CONTENT OF THE PUBLIC IMPROVEMENT (SERIAL) BONDS, SERIES 1995A, AUTHORIZED TO BE ISSUED BY BOND RESOLUTIONS ADOPTED JUNE 13, 1989, MARCH 5, 1990, JANUARY 21, 1991, AND AUGUST 15, 1994 AND AUTHORIZING THE SALE THEREOF TO ROOSEVELT & CROSS, INC. RESOLUTION NO.: 385,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, this Town Board on June 13, 1989 adopted a bond resolution entitled "Resolution Authorizing the Issuance of $1. 5 Million Serial Bonds of Said Town of Queensbury to Finance the Cost of an Improvement Consisting of the Replacing of Approximately 10,000 Feet of Existing 12" Water Transmission Main with a New 16" Transmission Main Located Along Quaker Road in the Consolidated Water District in the Town of Queensbury," and WHEREAS, this Town Board on March 5, 1990, adopted a bond resolution entitled, "Resolution Authorizing the Issuance of $2.4 Million Serial Bonds of the Town of Queensbury to Finance an Increase in Cost for the Quaker Road Sewer District," and WHEREAS, this Town Board on January 21, 1991, adopted a bond resolution entitled, "Resolution Authorizing the Purchase of a Certain Office Building and Real Property Located at 81 Glenwood Avenue, Queensbury, New York by the Town of Queensbury at a Maximum Estimated Cost of $415,000 and Authorizing the Issuance of $394,250 Serial Bonds of Said Town to Pay the Cost Thereof," and WHEREAS, this Town Board on August 15, 1994, adopted a bond resolution entitled, "A Resolution Authorizing Expansion of the Town's Water Treatment Plant, Authorizing the Issuance of Serial Bonds in an Aggregate Principal Amount Not to Exceed $13,228,000 of the Town of Queensbury, Warren County, New York, Pursuant to the Local Finance Law to Finance the Cost of Said Improvement and Delegating the Power to Issue Bond Anticipation Notes in Anticipation of the Sale of Such Bonds to the Town Supervisor," (collectively, the "Bond Resolutions"), and WHEREAS, it is now proposed that the bonds authorized by the Bond Resolutions contain the terms and content and be in the form described below and that such bonds be sold to Roosevelt & Cross, Inc., New York, New York (the "Purchaser"), NOW, THEREFORE, BE IT RESOLVED, by the Town Board (the "Town Board") of the Town of Queensbury, Warren County, New York (the "Town"), as follows: SECTION 1. The issuance of $9,775,000 Public Improvement (Serial) Bonds, Series 1995A (the "Bonds") pursuant to the Bond Resolutions is hereby approved. SECTION 2. The form of Bond attached to this Resolution as Schedule "A" and the contents thereof are hereby approved. SECTION 3. The terms of the Bonds as stated below are hereby approved. Date of Bonds: July 1, 1995 Aggregate Principal Amount: $9,775,000 Denominations: in the aggregate, $9,775,000 $5,000 or an integral multiple thereof, not exceeding, Interest Rate: 5.20% in the years 1996 through 2008, both inclusive; 5.30% in the year 2009; 5.40% in the year 2010; and 5.50% in the years 2011 through 2015, both inclusive. Premium: $ o. Registration: Issuable in fully registered form; and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, which will act as Securities Depository for the Bonds. Maturities: $440,000 on April 15th in the years 1996 through 2000, both inclusive; $475,000 on April 15th in the years 2001 through 2004, both inclusive; $525,000 on April 15th in the years 2005 through 2009, both inclusive; $510,000 on April 15th in the years 2010 through 2014, both inclusive; and $500,000 on April 15, 2015. Redemption: Bonds maturing in the years 1996 through 2005 are not subject to redemption prior to maturity. Bonds maturing on and after April 15, 2006 are redeemable at the option of the Town on or after April 15, 2005, as a whole at any time or in part in inverse order of maturity on any interest payment date, at declining redemption prices not exceeding 102%. Interest Payment Dates: April 15, 1996 and each April 15 and October 15 thereafter. SECTION 4. The public sale of the Bonds pursuant to Section 57.00 of the Local Finance Law to the Purchaser at a price of par plus accrued interest to the date of payment is hereby approved and ratified. The Town Supervisor, as Chief Fiscal Officer of the Town, is hereby authorized and directed to deliver the Bonds in the form and containing the terms and contents hereby approved against delivery by the Purchaser of the purchase price aforesaid in immediately available funds; provided however, that such delivery shall not be made unless there is delivered with the Bonds, the opinion of Hodgson, Russ, Andrews, Woods & Goodyear, LLP, Bond Counsel, that the Bonds have been duly authorized and issued in accordance with the constitution and laws of the State of New York and are valid and legally binding obligations of the Town (a duplicate original of which opinion shall be filed with the Town Clerk). SECTION 5. The Town Supervisor is hereby authorized and directed to execute the Bonds. The seal of the Town is hereby authorized to be impressed thereon and the Town Clerk is hereby authorized and directed to attest the Bonds in substantially the form approved hereby with such changes, omissions, insertions, and variations as the Town Supervisor shall approve, the execution thereof by the Town Supervisor to constitute conclusive evidence of such approval. SECTION 6. The form of official statement (the "Official Statement") of the Town prepared in connection with the sale of the Bonds (a copy of which Official Statement shall be filed with the records of the Town) is hereby approved and the Town Supervisor is hereby authorized and directed to execute and deliver the Official Statement to the Purchaser. SECTION 7. The Town Supervisor is hereby authorized and directed to execute and deliver such other documents and to take such other action as may be necessary or appropriate in order to effectuate the issuance and sale of the Bonds, subject to the provisions of the Local Finance Law. SECTION 8. Upon receipt of the aforesaid purchase price for the Bonds, the Town Supervisor shall cause such amount (inclusive of accrued interest, if any) to be deposited, invested, and used subject to and as provided in the Local Finance Law. SECTION 9. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. SECTION 10. This resolution shall take effect immediately. Duly adopted this 10th day of July, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan DISCUSSION HELD BEFORE VOTE NON-SIGNIFICANCE WEEKS ROAD REALIGNMENT EXECUTIVE DIRECTOR, MR. MARTIN-Does action exceed any Type 1 Threshold in 6, NYCRR, Part 617.12? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.56? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C. Could action result in any adverse effects associated with the following. C1. Existing air quality, , surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? COUNCILMAN CAIMANO- Yes. It will change existing traffic patterns. COUNCILMAN PULVER-It will be positive. COUNCILMAN CAIMANO- The answer is yes, in our opinion it will be a positive. EXECUTIVE DIRECTOR, MR. MARTIN-C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or community or neighborhood character? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C6. Long term, short term, cumulative, or other effect not identified in CI-C5? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-C7. Other impacts? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Is there or is there likely to be controversy related to potential adverse environmental impacts? TOWN BOARD-No. The following resolution was passed. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING WEEKS ROAD REALIGNMENT PROJECT RESOLUTION NO.: 386,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has held a public hearing to inform the public and to determine the need and location of its proposed Weeks Road Realignment Project, and WHEREAS, the proposed project has been determined to be 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 after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action 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 Supervisor is hereby authorized and directed to complete and execute Part II 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 pursuant to Section 617.15, the Negative Declaration presented at this meeting is hereby approved and the Executive Director is hereby authorized and directed to file the same, as may be necessary, in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION MAKING DETERMINATION AND FINDINGS RESOLUTION NO.: 387,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, on April 3, 1995, a hearing with regard to the Weeks Road Realignment Project, a proposed public project, was held, and WHEREAS, the purpose of the hearing was to inform the public and to review the public use to be served by the project and the impact of the project on the environment and the residents within the area where the Weeks Road Realignment Project is proposed, and WHEREAS, the Town Board of the Town of Queensbury, after due deliberation and after completing an environmental review of the proposed project, desires to make determinations and findings, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines and finds as follows: A. The location of the Weeks Road Realignment Project will fall within the following geographic boundaries: a portion of Weeks Road will be relocated to the north of the existing Weeks Road and perpendicular to Route 9, such that the same intersects Route 9 in the vicinity of the Sweet Road intersection; B. All portions of Weeks Road as currently existing and located, will remain, and the existing intersection with Route 9 will be continued; C. The proposed project developed out of the Route 9/Route 254 Traffic Improvement Plan developed through the Glens Falls Transportation Council; D. The Weeks Road Realignment Project will establish a new Weeks Road intersection with Route 9, directly across from Sweet Road, such that a four-way intersection is created, and will improve safety and the flow of traffic; E. There are no practical, alternative locations for the project, since the purpose of the project is to realign Weeks Road so that a four-way intersection is created with Sweet Road; F. A review, pursuant to the requirements of SEQRA has been conducted, and it is felt that there will be no significant impact on the environment; G. The Town Board notes that general uses of the property in the area of the Weeks Road Realignment Project consists of a car wash, apartment complex, motel, and a small parcel of land owned by a private owner, which parcel ofland is only approximately six feet (6') in width, and that the general effect of the project should be positive in that the flow of traffic will benefit these particular property owners, as well as other properties in the area. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION AUTHORIZING STANDARDIZATION OF COMPUTER HARDWARE RESOLUTION NO.: 388,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the business and affairs of the Town of Queensbury have, over the past few years, become increasingly serviced by and dependent upon, computer hardware and software, and WHEREAS, a number of the Town offices are now networked, such that communications may be had between the various offices and information shared, and WHEREAS, it is the anticipation of the Town Board, that information will increasingly be shared between departments by computer and will also become increasingly available for public use by computer, and WHEREAS, the effective sharing of information through the use of computers within the Town offices requires hardware that will be compatible and facilitate the transition of information between the various computer terminals or stations, and WHEREAS, the Town's use of computers has also reached the state where because of the complexities of the systems and the interrelationship of the various hardware, it is necessary to employ outside service technicians to assist in the development and use of the computer hardware and software, and WHEREAS, it is necessary for various computer equipment to be compatible, to fully take advantage of all of the computer equipment available and allow for substitutions and exchanges of equipment between various departments as needs may arise, for example, where one department may need or be benefitted by more advanced computer technology, whereas another department's usage may be such that less advanced or older equipment may suffice, and WHEREAS, in view of the foregoing, the Town Board of the Town of Queensbury desires to adopt a policy of standardization for computer equipment purchases, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby, in accordance with the provisions of General Municipal Law ~ 103, determines it appropriate to standardize computer hardware for the use of the various departments in the Town of Queensbury by the selection of computer hardware provided by a few, selected computer manufacturers, which have been predetermined by Preston Computer Services, to offer compatible and to a large extent, interchangeable equipment, for the following reasons: 1. Standardization to a few computer manufacturers will offer the ability to easily swap parts or components of computer stations, if needed; 2. Service providers providing software and network assistance, as well as basic assistance with computers will be able to perform the services more quickly and efficiently and at a cost savings, since the providers will only need to be familiar with the limited number of types of computers or configurations of the same; 3. By limiting the equipment purchases to particular manufacturers, the Town is assured of the industry service record of each company, and in this particular case, has been advised that each company selected has an excellent industry service record, including timely response to customer's problems, use of skilled technicians for warranty repairs and technical phone support availability; 4. Computer hardware equipment will be purchased that the Town is sure will work with other existing equipment already in the Town, such as networking equipment; 5. As the equipment becomes more compatible, there becomes less of a question as to causes of problems arising in connection with the use of the equipment; and 6. There may eventually be a possibility of cost savings as more equipment is purchased from the same vendors; and BE IT FURTHER, RESOLVED, that in view of the foregoing, the Town Board of the Town of Queensbury hereby authorizes the standardization of computer equipment to the following, particular brands: 1. Dell Computer Corporation; 2. Hewlett Packard; 3. Compaq Computer Corporation; 4. IBM and BE IT FURTHER, RESOLVED, that all future purchases and bids for equipment (nothing in this resolution shall be deemed to waive the requirement of any bidding requirements that would normally be required, except that such bid specifications shall specify the particular brands that have been standardized herein) shall specify the standards set forth in this resolution. Duly adopted this 10th day of July, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST 5KRACE RESOLUTION NO. 389,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct a 5K Race (Run/Walk) as follows: SPONSOR: Adirondack Nautilus, Ltd. EVENT: Second Annual 5K Run/Walk For Health DATE: Saturday, August 12, 1995,9:00 a.m. PLACE: Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd., to hold their 5K Run/Walk for Health in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent, which approval may be rescinded or which may modify the authorized date. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL, DIESEL OIL, AND KEROSENE RESOLUTION NO. 390, 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 bids for #2 fuel oil, diesel oil, and kerosene, pursuant to Town of Queensbury Specifications, and WHEREAS, BIGELOW'S OIL SERVICE INC., has submitted the lowest bid as per specifications for the fuel oil, diesel oil, and kerosene for all locations, and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for #2 fuel oil, diesel oil, and kerosene for all locations, to BIGELOW'S OIL SERVICE INC. and that said #2 fuel oil, diesel oil and kerosene be paid for from appropriate accounts in each department from the 1995 budgets. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION TO ACCEPT BID FOR COLLECTION AND DELIVERY OF COMPACTED SOLID WASTE RESOLUTION NO. 391,94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR 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 collection and disposal of solid waste, as and when compacted at the Town of Queensbury Transfer Stations located off Ridge Road and Luzerne Road in the Town of Queensbury, and transferring or delivering said solid waste to the Adirondack Resource Recovery facility, located at River Street, Hudson Falls, New York, and WHEREAS, two bids were opened and read aloud on June 29th 1995 at 2:05 P.M. and WHEREAS, Waste Management, P.O. box 526, Window Susan Road, Amsterdam, New York 12010 has submitted the lowest bid for the aforementioned services, and WHEREAS, James Coughlin, Landfill Superintendent, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the collection and disposal of solid waste as and when compacted at the Town of Queensbury Transfer Stations located off Ridge Road and Luzerne Road in the Town of Queensbury, and transferring or delivering said solid waste to the Adirondack Resource Recovery facility, located at River Street, Hudson Falls, New York, and be it further RESOLVED, that said services are to be paid for from the appropriate Landfill Account. Duly adopted this 10th day of July, 1995 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Monahan DISCUSSION HELD BEFORE VOTE COUNCILMAN TURNER-Spoke to the Board regarding the agreement noting that the contract should be modified to adopt what is in the Human Resources Review Summary rather than what is listed. It was the decision of the Town Board to pass the agreement as amended. RESOLUTION AUTHORIZING RETENTION OF SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) RESOLUTION NO.: 392,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED 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., (AMTEK) to provide various personnel services as outlined in the attached schedule, and WHEREAS, AMTEK has agreed to perform the aforesaid services in accordance with the terms and provisions of an agreement presented at this meeting, at a discounted cost of $30,787., 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., (AMTEK) to perform the services outlined in the preambles of this resolution, at a discounted cost of $30,787., plus mileage not to exceed $1,500., 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 costs of the services authorized herein shall be paid for from Account #01- 1430-4400. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 393,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, said requests have been approved by the Chief Fiscal Officer, WHEREAS, certain departments have requested transfers of funds for the 1995 Budget, and NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1995 budget: LANDFILL: FROM: TO: Landfill Reserve (Fund #63) Landfill Closure Capital Project (Fund #92) 200,000. CEMETERY: FROM: TO: 002-8810-1430 (Labor B - PT) 002-8810-1400-0002 (Laborer A - Overtime) 002-8810-1430 (Labor B - PT) 002-8810-1450-0002 (MEO - Overtime) and BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:Mrs. Monahan RESOLUTION OF APPOINTMENT RESOLUTION NO. 394, 95 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER $ AMOUNT: $ AMOUNT: 300. 600. WHEREAS, the Town Board of the Town of Queensbury is desirous of appointing Mr. Joseph Gordon to the temporary full-time position of supervising the Summer Youth Program participants, and WHEREAS, Mr. Gordon is presently a part-time Laborer A at the Landfill, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary, summer employment of Mr. Joseph Gordon to supervise the Summer Youth Program participants, effective July 10,1995, at the rate of pay of$9.31 per hour, until the completion date of August 31,1995, and BE IT FURTHER, RESOLVED, that the hourly wages paid to Mr. Gordon shall be from the appropriate Town of Queensbury Payroll Account. Duly adopted this 10th day of July, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Monahan DISCUSSION HELD BEFORE VOTE COUNCILMAN TURNER-Questioned if the punch list was up to date? MIKE SHAW, DEPUTY DIRECTOR OF WASTEWATER-Noted the punch list is not up to date that's why they are going to retain the retainage until the punch list has been done. SUPERVISOR CHAMPAGNE-Noted the Town has $90,000 as retainer. The concern that the Alpenhaus Motel had they also have a retainer of $6,500. The following resolution was passed. RESOLUTION ACCEPTING DEDICATION OF SANITARY SEWER MAINS & MANHOLES CONCERNING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION, ROUTE 9 SEWER DISTRICT EXTENSION RESOLUTION NO.: 395, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Michael O. Shaw, Director of the Town of Queensbury Waste Water Department has advised that Wal Mart Stores, in accordance with an Agreement reached with the Town of Queensbury, and resolution no. 440. 94, installed a sanitary sewer system, manholes, and necessary or desirable components and appurtenances thereof, and WHEREAS, in accordance with said Agreement, Wal Mart Stores has agreed to grant and release to the Town of Queensbury all right, title, and interest in and to said sanitary sewer system and components and appurtenances thereof, and WHEREAS, Mr. Shaw has indicated that the sewer system is now complete, with the exception of certain items delineated on his Memo/Punch List to Fred Champagne, Supervisor, dated July 6, 1995, and has recommended that the monies held in escrow in the amount of $90,000 be retained as assurance that such work will be performed, and WHEREAS, the aforesaid Agreement also provides for the amount of 2% or $1,000. whichever is greater, to be kept in the escrow fund for a period of one year, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its acceptance of the grant and release of all right, title, and interest in said sanitary sewer system and components and appurtenances thereof, with the understanding that the developer has the clear, legal right and title to make such conveyance of title, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby retains the $90,000 in escrow until such time that each item on the Punch List referred to hereinabove is satisfactorily addressed, and that at the time the items have been satisfactorily addressed, the Town Board of the Town of Queensbury will then release the escrow funds previously retained by the Town, to the extent that all escrow funds held in accordance with the Agreement between the Town of Queensbury and Wal Mart Stores be released with the exception of 1) the sum of 2% or $1,000., whichever is greater, be kept for a period of one year, and 2) the sum of one-half of one percent of the interest earned on the escrow fund since the day of deposit as a service charge. Duly adopted this 10th day of July, 1995 by the following vote: AYES: Mrs. Pulver, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Monahan OPEN FORUM PAUL ABESS, QUEENSBURY -Spoke to the Board regarding the closing of Fuller Road noting the background of Fuller Road and how the road has been used noting it has been used for many recreation purposes and as a passage way to get to other communities. Read petition into record (on file Town Clerk's Office) with 125 signatures of residents in support of reopening the road. Requested the Town Board to look into the matter of reopening Fuller Road. MR. MARTIN MORRELL, Glens Falls. Owns and operates tree farm in Town of Luzerne. Spoke to the Board asking them to reconsider the reopening Fuller Road noting there are more people who want Fuller Road opened than closed and all of us have a right to use it. BARBARA BENNETT, QUEENSBURY-Spoke to the Board regarding the Farmers Market on Rt. 9, noted it is hard to find a parking space with all the parking that is available. Asked the Board if the market could open at a later time to space out the parking? COUNCILMAN CAIMANO-Noted it is their choice. COUNCILMAN PULVER-Noted the Town cannot regulate their hours of business. PLINEY TUCKER, QUEENSBURY-Questioned if the Board went out for bonding on the Water Plant in the last week? COMPTROLLER, CATHY GEOFFROY -Noted a resolution was passed this evening approving the final terms of the bond. Noted that it was $9,775,000 that the Town borrowed at a net interest cost of 5.325 percent. MR. TUCKER-Questioned if that was the total bonding? SUPERVISOR CHAMPAGNE-No. We took what was already bonded on the bond anticipation notes. One was the courthouse, one a sewer project that had been bonded back in ninety-one. Then in ninety-two there was a bond for a water main on Quaker Road so those three bond anticipation notes were enveloped into a serial bond along with part of the water plant. The total is about thirteen million of that thirteen million 8.4 is what the Town will be borrowing for the water plant. There is still approximately five million left but will wait to after the project is done so we know the total cost before the Town bonds the remmmng. MR. TUCKER-Spoke to the Board regarding the Seeyle property on Big Boom Road noting his concern that a trail has been opened in the buffer zone. COUNCILMAN PULVER-Questioned what the Planning Board approval of this property and restrictions? EXECUTIVE DIRECTOR, MR. MARTIN-Noted he has been approved for his machinery shop building and equipment storage building. The buffer is in place it is a fifty foot buffer noted that this is not a commercial motorcycle track to his knowledge. MR. TUCKER-Questioned the definition of a buffer zone? EXECUTIVE DIRECTOR, MR. MARTIN-It is a naturally vegetated area. MR. TUCKER-Noted that he has taken vegetation down to put the track in there questioned if he has the right to do this? COUNCILMAN TURNER-Noted he cannot cut any trees out of the buffer zone you cannot violate the buffer zone. SUPERVISOR CHAMPAGNE-Noted he would personally like to take a look at this. MR. TUCKER-Spoke to the Board requesting the placement of a couple lights at the Northway on the Corinth Road. COUNCILMAN TURNER-Noted that the entrance is not lite at all especially hard to see on a rainy night. The law says that if it's a matter of safety and in the interest of the public the Town should put a light there on both sides. MR. TUCKER-Spoke to the Board regarding the old car of the Water Superintendent noted that the plates are still on it. Questioned someone is going to be using this car and driving it full time? SUPERVISOR CHAMPAGNE-No. MR. TUCKER-Questioned if it will be going off the road? SUPERVISOR CHAMPAGNE-Yes. MR. TUCKER-Spoke to the Board regarding the resolution Consolidating Departments and Establishing New Positions asked the Board to explain it. SUPERVISOR CHAMPAGNE-Noted they consolidated Wastewater into the Water Department. The new position would be Deputy Superintendent for Wastewater for Mr. Shaw. MR. TUCKER-Questioned if there was any change in money? KL YE-Asked the Board to open Fuller Road because it's a great place for little mountain bikers to ride. MELODY HAGUE, QUEENSBURY- Kyle's mother. Noted she is an avid cyclist and uses Fuller Road frequently asked the Board to reconsider opening Fuller Road. SUPERVISOR CHAMPAGNE-Noted a public hearing was held. COUNCILMAN PULVER-Everyone within five hundred feet was notified. SUPERVISOR CHAMPAGNE-We wish we had this voice back then. MR. ABESS-Noted when you take something that involves a lot of people not just the people that live there maybe you should put a sign up noting the change to be made. RICK CHASEN-Queensbury. Spoke to the Board in support of the reopening of Fuller Road. Questioned if this is something that can be looked at again? SUPERVISOR CHAMPAGNE-Noted the Board needs to further explore possibilities whether it's opening it up for mountain bikers or opening it for other causes. JOHN SALVADOR, QUEENSBURY -Spoke to the Board noting that the Lake George Park Commission is going to be meeting tomorrow at ten o'clock regarding wastewater regulations and stormwater management. Questioned if the Town will be participating in that meeting? SUPERVISOR CHAMPAGNE-Noted he plans on being there. MR. SALVADOR-Questioned the status of the stormwater management plan? EXECUTIVE DIRECTOR, MR. MARTIN-The Advisory Board has met. Has received proposal back from three engineers to assist with the preparation of stormwater management plan. Will be interviewing C.T. Male on July 18th, received favorable responses back from their work in Hague and Lake George. Pending the outcome of that will be recommending to the Board retention of an engineer to assist the group will be holding the first public meeting probably by the end of the month. MR. SALVADOR-Questioned the status of the agreement with the Lake George Park Commission? EXECUTIVE DIRECTOR, MR. MARTIN-Has faxed a copy to Mike White indicating areas of concern primarily those that relate back to the stormwater regulations of the Lake George Park Commission. Mr. White noted he would take those out or rework the language expects this back within a week. MR. SALVADOR-Questioned if a project location has been selected for the application of grant monies for the installation of stormwater control? EXECUTIVE DIRECTOR, MR. MARTIN-Noted this is the reason for doing the plan due to there was no prioritization of issues in that area regarding stormwater pursuing the plan noting this probably won't be done until next spring. In order to excess the grant funds that are available this year and not knowing if they are going to be available next year we did put in a project based on some complaints in the Cleverdale area regarding stormwater. MR. SALVADOR-Noted he has a road in his area that is in need of stormwater management. EXECUTIVE DIRECTOR, MR. MARTIN-Noted that road would be studied in the stormwater management planning. MR. SALVADOR-Spoke to the Board regarding the Warren County Tourism Advertising Booklet noting that the Town does not have a Chamber of Commerce. Questioned the Board as to what office would someone contact concerning this noting the Town should have a dedicated line for incoming calls. SUPERVISOR CHAMPAGNE-Noted when a call comes in either the Supervisor's Office or Town Clerk's Office handle them. Supervisor Champagne noted he is in agreement that the Town should have a dedicated line. Many calls do go to the Queensbury Economic Development Corporation. MR. SALVADOR-Spoke to the Board regarding taking another look at the Ethics Law. SUPERVISOR CHAMPAGNE-Noted the Board has met with the Ethics Board and Council two weeks ago. COUNCILMAN PULVER-Noted the Board has some ideas but needs to meet with the Town Attorney. MR. SALVADOR-Noted that the Town doesn't need an Ethics Law because everything is covered in the Public Officer's Law. BARBARA BENNETT, QUEENSBURY-Spoke to the Board regarding the Ethics Law noting that Councilman Monahan had some good ideas previously asked the Board to consider those ideas when and if they modify the present one. DOROTHY BURNHAM-BOULDERWOOD DRIVE-Spoke to the Board regarding the Keith Harris property on Picklehill Road. Noted there is an expansion of use on the property, a stump dump, and various pieces of equipment. Has made numerous complaints regarding property. Asked the Board to look at property. SUPERVISOR CHAMPAGNE-Noted that Mr. Martin and himself will visit the site tomorrow morning. MIKE O'CONNOR-Questioned the Walmart resolution regarding the retention of the escrow money which was the amount that was estimated for the construction cost of the line which was put aside if they didn't construct that line. Noted the line has been constructed except for a minor punch list. Noted he has a problem with the inclusion of (4A) regarding the Alpenhaus Motel. Hopeful that this is not an item that needs to be addressed before the $90,000 is going to be released. SUPERVISOR CHAMPAGNE-Need to agree on what part of the $90,000 should be retained to complete the punch list. COUNCILMAN CAIMANO-Noted that Mr. O'Connor should contact Mike Shaw regarding punch list, work it out and come back to the Board. SUPERVISOR CHAMPAGNE-The retainer that the Alpenhaus Motel has is a separate issue from the Town it has nothing to do with the $90,000. JOHN SCHRElNER-Dunhams Bay, Lake George. Spoke to the Board regarding the patch of road that the Town put in on the southwest end goes into his boat slip asked the Town Board to look into this. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 396, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 10th day of July, 1995, by the following vote: Ayes: Mr. Turner, Mr. Caimano, Mrs. Pulver, Mr. Champagne Noes: None Absent:Mrs. Monahan No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury