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1995-08-21 REGULAR TOWN BOARD MEETING AUGUST 21,1995 6:00 P.M. MTG#47 RES# 449-467 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, CATHY GEOFFROY PRESS POST STAR SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 449, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel. Duly adopted this 21st day of August, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 450, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY; Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 21st, day of August, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner Noes: None Absent:None 7:00 P.M. SUPERVISOR CHAMPAGNE-Presented Resolutions of Appreciations to Mrs. Margaret Seney,(Mr. Arthur Seney accepted award on behalf of his wife) and Mr. Robert Eddy. Read the following proclamations into the record. PROCLAMATION - MARGARET SENEY On behalf of the Town Board I am very proud to present this proclamation to a lady who has served on the Town of Queensbury Beautification Committee for 25 years, a number of those years as secretary. Her devotion and dedication to the landscape of our Town will be forever recognized by all of us who know Margaret and the outstanding contribution she made to our Town. It was through her efforts and others on the Beautification Committee that we here today are able to enjoy the beauty of the Town's landscape. We live in a very precious area of this country which requires special attention from concerned citizens like Margaret Seney. Again, I am honored to make this presentation to Mrs. Seny for all that she has done to make Queensbury a great place to live. RESOLUTION OF APPRECIATION RESOLUTION NO. 451, 95 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, Margaret Seney has been a long time resident of our Town of Queensbury, and WHEREAS, Margaret Seney has been on the Beautification Committee for well over 25 years, and WHEREAS, Margaret Seney has devoted countless hours to the beautification standards and appearance of the Town. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury by resolution on the 21st day of August, 1995, show its appreciation to Margaret Seney for all her efforts within the Town. GIVEN under my hand the SEAL of the Town of Queensbury this 21 st day of August in the year one thousand nine hundred and ninety five. Fred Champagne Town Supervisor Duly adopted this 21st, day of August 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None MR. SENEY-Thanked the Town of Queensbury, Town Board and Beautification Committee for presenting his wife Margaret with this award. RESOLUTION OF APPRECIATION RESOLUTION NO. 452, 95 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, Robert L. Eddy's ancestors were among the early settlers of Queensbury, and WHEREAS, Robert L. Eddy is the first chairman of the Friends of Hovey Pond, a volunteer organization formed to help the Town of Queensbury beautify and improve Hovey Pond Park, a town park, and WHEREAS, Robert L. Eddy, has devoted countless hours to the beautification standards and appearance of the Town, WHEREAS, it has been a dream of Robert L. Eddy that Queensbury establish botanical gardens for the enjoyment and education of the residents of the area, and WHEREAS, through Robert L. Eddy's efforts, determination, vision and enthusiasm together with the help of the Friends of Hovey Pond and other dedicated volunteers, a series of gardens is now a reality at Hovey Pond Park. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, by resolution on the 21st day of August, 1995, to show its esteem and affection for Robert L. Eddy hereby declares that these gardens will henceforth be called the ROBERT L. EDDY BOTANICAL GARDENS. GIVEN under my hand the SEAL of the Town of Queensbury this 21st day of August in the year one thousand nine hundred and ninety five. FRED CHAMPAGNE, TOWN SUPERVISOR Duly adopted this 21st day of August, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None PROCLAMATION - ROBERT L. EDDY On behalf of the Town Board I am honored and privileged to present this proclamation to our beloved friend, Mr. Robert Eddy for the many contributions he has made to our town over the past several years. His commitment to beautifying our Town is surpassed only by his labor of love of actually doing the work. On many occasions, you and I have observed Bob Eddy in the Botanical Gardens doing what he loves most, attending to his beautiful layout of the gardens. As Bob has often stated, "this is by itself a hobby", but in total it became a second career. In June of 1966, John O. Webster, then Town Supervisor, first appointed a Beautification Committee and Bob Eddy was elected Chairman. Having served 25 years as Chairman of the Queensbury Beautification Committee, Bob decided to step down on June 15, 1991. Bob, again its a distinct privilege for me to present you with this token of our appreciation for all that you have done to improve the scenic beauty of our beautiful community. MR. EDDY-Thanked the Town Board, noting that it has been a joint effort by many people in the Town. COUNCILMAN MONAHAN-Invited the public to join them at Hovey Pond Park tomorrow noting the gardens will be formally opened and dedicated at ten o'clock in the morning. PUBLIC HEARING PROPOSED LOCAL LAW AMEND CHAPTER 168 VEHICLES/RECREATIONAL - OPERATION ATVS IN BUFFER ZONES PUBLIC HEARING OPENED 7:15 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-Jim do you want to brief us on that so the audience is aware of what we're talking about here. EXECUTIVE DIRECTOR, MR. MARTIN-This is a change to the local A TV Law that set forth a further regulation that would disallow the operation of ATVs in buffer zones throughout the Town, so called ATVs meaning recreational vehicles, motorcycles, etc. I don't know if there is much beyond that, Paul do you have anything else? ATTORNEY DUSEK-The couple of other changes that had been made also took out the time period during which you could drive at a speed greater than minimum speed within one hundred feet of a dwelling. Now the restriction is at all times you cannot drive at a speed greater than minimum speed when your within one hundred feet of a dwelling. The other change that was made is the Town Code Compliance Officer was listed as one of the people that could emorce this particular law. SUPERVISOR CHAMPAGNE-Anyone here to speak for or against the local law change? JOYCE EGGLESTON-I reside in the Twin Channels, Big Boom area on the Hudson River. I'm here tonight to encourage you to pass this proposed new local law with the changes. As your well aware, I think that we're having a problem in our particular area with ATVs and motorcycles or whatever you want to call them from eight thirty in the morning till eight thirty at night, seven days a week within twenty feet from property lines and within less than a hundred feet from some residence. We listen to the noise consistently, Mr. Turner has heard the sound over the telephone, he knows how loud it is. There are times when the dust has been so thick you couldn't see across the roads when there are as many as eight or ten riders at a time. Our biggest concern is that this boating season and because of the heat the motorcycles are not top priorities but come fall when it cools off there will be many more riders in this area from that time probably into snowmobiles. I am absolutely astounded and find it unbelievable that the motorcycles are there at all. In a light industry zone certainly the master plan never intended for a motorcycle track within light industry. It was meant for quiet dust free businesses near major arteries within the Town and certainly not for the running of a motorcycle trail. It just seems that in reading the ordinance I don't find why it can't be stopped, but our efforts with members of the town have been in vain so we're hoping that this will help some. It will not clear up the whole problem because frankly we're too close to these areas, to this particular light industry area. All of Queensbury should take an interest in this not just our area because anyone that owns a light industry piece of property or commercial property could conceivable build a race track around the perimeter and under the guise of calling it personal use even though it might be a multitude of the public get away with this infringement on residential property. It could happen in any neighborhood if it can happen where we are it could happen in every neighborhood it is an interest that everyone should take to heart. So we're asking you tonight to do this merely as a start. We're still going to be pursuing the motorcycles, we're going to be doing something further about the actual motorcycles in light industry. They are there without the benefit of site plan review. When this project was undertaken it was done so with the approval of site plan review, but the mention of a motorcycle track never was brought to light and has never been approved by the Planning Board or in anyway sanctioned by them. That issue also has to be addressed so we're asking for whatever you can do tonight to help our neighborhood. We're in need of help and we need help so we're asking for your help in this matter. SUPERVISOR CHAMPAGNE-Anyone else care to speak? MRS. EGGLESTON-I've got one question. Mr. Goralski told one of my neighbors, I've read this local law, but I want to clarify it. Mr. Goralski told one of my neighbors that this resolution would also affect residential properties bordering light industry in that they would not be allowed to take down a tree in their yard without site plan review. Now, I don't know where that could possible come from but I want to clarify that situation. I want to ask that question if that is part of the resolution in any shape or form an imringement on the residential rights? ATTORNEY DUSEK-This particular local law would only regulate the operation of ATVs within buffer zones. Now to the extent that the buffer is on residential property that would be affected, you couldn't ride a motorcycle through that buffer zone whether it was on residential, light industrial, commercial, whatever. MRS. EGGLESTON-Are there residential zones with buffer zones? ATTORNEY DUSEK-I think in some instances there may be. EXECUTIVE DIRECTOR, MR. MARTIN-Wherever there is a neighboring residential, commercial and/or industrial zones. Wherever there is neighboring commercial and/or industrial uses in residential uses, each side is suppose to provide fifty foot buffer. MRS. EGGLESTON-Is that within the zoning ordinance book that I could find? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. MRS. EGGLESTON-Would you write down the page for me Jim and direct me to the attention of that? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. MRS. EGGLESTON-That's within our zoning book? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. MRS. EGGLESTON-That would require the individual to go for site plan review to take a tree down? ATTORNEY DUSEK-That is a different issue. We're talking only about the operation of ATVs. COUNCILMAN MONAHAN-Joyce, I think if you wait for the resolutions your going to find your answer to that. MRS. EGGLESTON-I tried to find it Betty. COUNCILMAN MONAHAN-It's a new one, a resolution under our agenda that's resolution 2.1. You'll see some different definitions and requirements go in as far as buffer zones are concerned. EXECUTIVE DIRECTOR, MR. MARTIN-Right now in today's Ordinance 179-72C. Likewise or any residential use as defined in this chapter with the exception of farm operations abuts any commercial or industrial zone at the lot line or at street said residential use shall provide at least fifty feet of buffer from the adjoining lot line of the commercial or industrial zone or street right-of-way. MRS. EGGLESTON-Thank you very much. COUNCILMAN PULVER-Joyce before you leave I know you've had an opportunity to read through the law. MRS. EGGLESTON-Yes. COUNCILMAN PULVER-And I have too. I know your down there and it's a bad situation and I've been down. MRS. EGGLESTON-Yes. COUNCILMAN PUL VER-Ijust want to be sure that you don't have any other suggestions that you think should be included in this. MRS. EGGLESTON-Well, I'm not at all enamored with number F, which says don't drive within a hundred feet of a dwelling at a speed greater than minimum required to maintain forward movement of the vehicle. I mean, what does that mean? It means you can ride it within one hundred feet so I don't understand, that makes no sense whatsoever. COUNCILMAN PUL VER- That was what now? MRS. EGGLESTON-The proposed F. Am I interpreting it right? ATTORNEY DUSEK-That was actually a provision that was in the old law with a time, however that was also in there. In other words you could operate at speeds greater than minimum even when you were within one hundred feet if you were between the hours of 6:00 a.m. and 9:00 p.m. at night that was the way the old law was written. What the Board did when they looked at this was to propose to take out the nine o'clock and six o'clock to regulate it so that you could never drive at a fast speed pass dwellings within a hundred feet. This was actually part of the old law that was slightly amended to make it better in the sense of taking out the time limitation. As far as the one hundred feet of a dwelling, I don't know how that got into the law. Originally this was part of the law that was written back in, I believe either the seventy's or eighty's. My only guess might be that it's assumed that these things are going someplace and if you said you couldn't even operate within one hundred feet of a dwelling theoretically they might not be able to get them home. SUPERVISOR CHAMP AGNE- Y our point is that they shouldn't be within a hundred feet of a dwelling? MRS. EGGLESTON-I mean the rest of the Town of Queensbury doesn't have to put up with this, why does our residential district? COUNCILMAN MONAHAN-If you take that clause out then let's say you've got a guy riding a motorcycle to work he can't even ride it to his house. COUNCILMAN GOEDERT-I think we're talking two different things. We're talking ATV as one vehicle and motorcycle as another thing. COUNCILMAN MONAHAN-A motorcycle by law is an ATY. COUNCILMAN PUL VER-I don't think so, it's an all terrain vehicle. COUNCILMAN MONAHAN-All terrain vehicles include the motorcycle. ATTORNEY DUSEK-Depending on the type of motorcycle I think it could fall within. MRS. EGGLESTON-These are motor cross, off road bikes, whatever you want to call them they are not really designed for the highway. COUNCILMAN MONAHAN-A lot of people use an off road bike also as a street legal bike licensed with the proper muffler systems, the proper lights etc. MRS. EGGLESTON-Actually this still allows them to ride within one hundred feet.... COUNCILMAN MONAHAN-Only in a speed that they can maintain the bike upright. MRS. EGGLESTON-But the speed Betty is irrelevant it's the noise. The motorcycles are revved up as they go through close to the residential zones. I mean they are actually aggravated.... COUNCILMAN PULVER-That they are idling them and they're still hitting the gas. MRS. EGGLESTON-And they're revving. Sometimes just moving but they are really revving these things up to make them the most noise possible close to the residential areas so really that kind of defeats that number F. That number F is really not good particularly to have in there. In our particular, as you know if you've read the Post Star the article of August 7th or 8th, I believe it was the owner of the light industry area made a threat towards the people in our area and I'll quote his words. Were not just dealing here with the motorcycles per say we're dealing with a person who has a vendetta. In his own words to the reporter and I quote "if they do (adopt a law) I'll just move the trail over and cut every tree down on the piece of property, they do not know what they're doing." So we're really dealing with someone who is just out for aggravation and whatever he can do to destroy the neighborhood. Something needs to be done to get the motorcycles out of light industry. I have studied the zoning book, I was on the Zoning Board more than four years and I can see nothing in the book that says you can ride motorcycles in a light industry zone. It says all uses in light industry are subject to site plan review and yet this has never given site plan review. COUNCILMAN MONAHAN-I think maybe that's something you and John ought to sit down and talk about a little bit tomorrow, whether or not that is allowable in a light industrial zone. COUNCILMAN PULVER-Paul on this F is there anything that you can think of that we can add too to make this better? ATTORNEY DUSEK-The only other choice would be you don't want to take it out that's for sure because then they can have freedom to go anywhere. If you wanted to say within one hundred feet of a dwelling that they couldn't operate them at all which means that if they came near a house, if they had to go to a house they would have to push them in. In other words they could not mechanically operate the vehicle at all that's the only other thing I could think of that you could add to it to tighten it up. COUNCILMAN GOEDERT-Is there not already a law on motor vehicle that you cannot motorized unlicensed vehicles? ATTORNEY DUSEK-Yes. COUNCILMAN GOEDERT-Why are we not forcing the Sheriffs Department to emorce the laws? MRS. EGGLESTON-Because Mr. Seeyle throws them off his property. COUNCILMAN GOEDERT-If he can throw the Sheriffs Department off his property we're turning around and writing this law that were going to send, I would assume John we're going to put a badge on John and send him over there to deal with the situation. EXECUTIVE DIRECTOR, MR. MARTIN-I guarantee you he will be thrown off, too. MRS. EGGLESTON-In fact, Mr. Martin has been thrown off. COUNCILMAN GOEDERT-It concerns me somewhat that we are, I don't believe that is in John's job description. SUPERVISOR CHAMPAGNE-To emorce the law? COUNCILMAN PULVER-To be in jeopardy. COUNCILMAN GOEDERT-To be in jeopardy. I get a little concern with the fact that these are motorized vehicles. To emorce this law number one you have to catch them. Number two you have to be able to identify them without a reasonable doubt. Unless John is out there on an ATV, I agree with the law but, I really can't see where your going to be able to emorce it or where it's John's job to take that type of step of emorcing it. MRS. EGGLESTON-Frankly if it was part of the Zoning Ordinance then it would be his job to emorce it. ATTORNEY DUSEK-There is no question, I think you hit it right on the head the emorcement is going to be the issue. The Sheriffs Department is still left in there as the emorcing agency. Certainly if it gets to the point of trying to get unregistered, if that's the grounds, unregistered or even catching these on the trails or property where they are not suppose to be, you really do have to leave that to the Sheriffs Department, I'm in agreement to that. John is in there for those isolated cases where he can go up if it's a property owner who owns his property and go up and talk to him and say this is the deal here, this is the law, your suppose to be complying with it. In other words he is your first dealings with it, if it became more serious in terms of trying to get these guys as you mentioned, catch up with or identify them, I think you really do have to ask the Sheriffs Department to come in. COUNCILMAN GOEDERT-I'm in favor of trying to do something but I really can't see how, this is a law that really can't be emorced. SUPERVISOR CHAMPAGNE-We all understand the problem, what is your best solution other than what's here? COUNCILMAN GOEDERT-I think we're talking two different issues. I think we're talking the light industrial issue is a totally different issue. I think if your talking about just A TVs operation, that is a motor vehicle situation and it should be turned over to the Sheriffs Department. MRS. EGGLESTON-One thing I want you to keep in mind that we could conceivably have, the word is out that all you have to do is sign a release and whether you know Mr. Seeley or not you can ride these trails. That we could conceivably, I mean you've seen the groups that we could have, a fifty member group there on a Sunday riding under the guise of just his friends or family. COUNCILMAN MONAHAN-If it's a light industrial zone, it does not give you the right to put it to those kind of uses. I would refer to the Zoning Administrator and to the Code Emorcement Officer, but off the cuff that would be an opinion of mine. COUNCILMAN PULVER-But, they are doing it now Betty. COUNCILMAN MONAHAN-I realize that. COUNCILMAN GOEDERT-Why are we stopping them if they can't do it Betty. COUNCILMAN PUL VER-I think the best thing to do is to say that there will be no ATVs in a light industrial zone, that would solve it rather than trying to put restrictions on it. COUNCILMAN MONAHAN-I don't even think you need to do that when it's not an allowed use of the light industrial zone. MRS. EGGLESTON-That's been my contention for three and a half months and I've gotten no where, umortunately I tried that route. COUNCILMAN MONAHAN-I certainly will ask the Zoning Administrator and the Code Compliance Officer along with the Attorney to study that aspect of it. MRS. EGGLESTON-I asked them if they considered taking it before the Zoning Board of Appeals. COUNCILMAN MONAHAN-They don't have to unless Mr. Martin rules that they are allowed, then you could take that decision to the Zoning Board of Appeals. EXECUTIVE DIRECTOR, MR. MARTIN-That's the way it has to go as a matter off act. COUNCILMAN MONAHAN-But, right now it is in his lap to make the determination whether or not they are allowed. MRS. EGGLESTON-He has made that determination, have you not Jim? COUNCILMAN GOEDERT-Is it allowed or not allowed Jim? COUNCILMAN MONAHAN-Have you made a written determination Jim? EXECUTIVE DIRECTOR, MR. MARTIN-I have not made a written determination. Joyce and I have talked at least twice on the phone about this. MRS. EGGLESTON-More than twice I'd say. EXECUTIVE DIRECTOR, MR. MARTIN-The only thing I will say it does list recreational facilities private in the definitions and that reads as follows. Recreational facilities supplemental to a principal use for the utilization of proprietors and guests excluding any uses which is open to the public for a charge. MRS. EGGLESTON-This is certainly not supplemental. COUNCILMAN MONAHAN-How is it supplemental to a principal use when he doesn't even have a principal use area? EXECUTIVE DIRECTOR, MR. MARTIN-I think you could probably say that that's what this is if that's not a listed use in the use schedule of a light industrial zone. I'll be quite honest about this with this particular situation it's not going to be something that's going to stop with a little note on the door from our Code Compliance Officer to stop it. This is going to be something that goes through the courts I can guarantee you that and we've got to have something that will stand up. I've talked to Paul about this, if he feels that we have a good case that's going to be our method of emorcement because this is going to go to the court. SUPERVISOR CHAMPAGNE-No question about it. I think we have certainly appreciated your input and I think that's up now to our Code Emorcement Officer our Zoning Administrator, Attorney to take a hard look at it and come back to see where we want to go with it. EXECUTIVE DIRECTOR, MR. MARTIN-I'll do that in the next day or two. SUPERVISOR CHAMPAGNE-This law is not going to be passed tonight. COUNCILMAN MONAHAN-If there needs to be some addendum's.... EXECUTIVE DIRECTOR, MR. MARTIN-A good point is made and I'll be happy to revisit it. MRS. EGGLESTON-That's the only real solution vehicles not allowed in light industry that's the only solution really. SUPERVISOR CHAMPAGNE-Okay, thank you. MRS. EGGLESTON-Thank you. SUPERVISOR CHAMPAGNE-Anyone else care to speak for or against? DENISE SEELEY-Hi, I'm Denise Seeley, Craig's wife. I came here tonight, I read the law and there really was no problem with it. This is Craig's mother, I'm sure you all know, and I really didn't have any problem with it. Like Craig had quoted in the newspaper, if they had come up and asked, that's all that had to be done. EXECUTIVE DIRECTOR, MR. MARTIN-I take issue to that. John Goralski was there. We were trying to talk about this and Craig came running down the hill and got very irate right off the bat and said, I asked my attorney about this and he says I can do this and there was absolutely no room for discussion. I think that's a misquote in the paper because the town did try.... DENISE SEELEY-There is a lot of misquotes in the paper as far as I feel. EXECUTIVE DIRECTOR, MR. MARTIN-An attempt was made to talk to him. SUPERVISOR CHAMPAGNE-Our issue here tonight is to have input for the record, so go ahead, proceed. DENISE SEELEY-I wrote up my little letter what I was going to put out and then I said well this isn't too bad, nothing, a huge terrible thing. I thought, just forget it. But, after listening to her talk, I have sat through a long time of listening to everybody beat my husband into the ground, I have just finally reached the point where now I'm here. This whole thing about this thing in the paper, that he's threatened people and all, I mean sitting here in front of all these people who don't know half of them probably at least, don't know my husband and their just automatically getting this picture of this beast in their head, it's just totally umair. We have dealt with stuff with this whole piece of property that other people would never deal with and a lot of it is, right from the beginning, the neighbors, that started the whole thing. First of all, we used to be very good friends, the property we own on Twin Channels right now that has our personal home on it, they wanted the property and unfortunately we just happened to find the deal before they did, so that's where it started. They started right from day one coming down there, telling us all the things we could and couldn't do with our property, the hours we we're allowed to have our boat, jet skis, on the river or else they were going to call ECON on us. We have never gone outside of any laws of being after nine o'clock at night or before six o'clock in the morning. They say seven days a week, they're not down there seven days a week. Maybe on other pieces of property this could be happening, but on our property it is not happening. My husband and all his guys they all work very hard and for them to go out there and relax for a little while riding around, they don't go buzzing by anybody's home, they are in the woods. There is a buffer of trees to be up there to absorb all this dust, you know. They sit here and talk about this stuff in the paper, you know they like just everything. I am fuming over this right now, I am very much fuming. This whole fight is like pure jealousy right from day one, it has gone way too far. Now they are going to pick apart the fact that these guys go out and ride to aggravate the neighbors. They do not ride to aggravate neighbors. Craig and all the guys in his shop did not go out and spend thousand of dollars in the last two months on motorcycle equipment and all their riding gear just to see if they could make their neighbors angry. These guys have been doing it since they were teenagers. Everybody is just out to totally attack him, it's just been one thing after another. I'm not even going to go through my whole letter, I probably couldn't even sit here and just read it. It's gone to the point that my daughter, six years old is on the school bus having kids say to her how wrong her father is by listening to their parents. My six year old daughter does not have to learn how to defend her father on the school bus and it's all done out of pure jealousy. This whole thing with staying out of buffer zones, that is just fine, I have no problem with that, Craig has no problem with it. But, the whole thing of bashing him in the paper, this isn't the only time he has been in the paper. To even say things like, the whole court battle was dismissed, it wasn't just dismissed he won it. They have just made him out to be this total bad guy just to aggravate neighbors and scream and rip. I had a neighbor call me and say, they go out at eight thirty in the morning, that's kind of early on a Sunday morning, it's our only quite day, you know it's a busy road still, he was a Big Boom neighbor, do you think they could make it a little later. I said, I understand, I'll tell Craig. Craig said to me no problem, he said if he calls again just let him know. By the next Sunday nobody was out there at eight thirty in the morning and they have not been out there at eight thirty in the morning since they were asked. That's all it took was somebody to ask. He called me very nicely on the phone and said, you know I'm not trying to be a jerk, I'm just making a simple request. It was not a problem, it has just been this total attack on him from the very beginning of this whole land thing. We have dealt with a neighbor coming out with a shot gun through the woods. Putting up ropes, tieing off our driveways through the woods and Craig has never gone and pressed against anybody else. Just the fact that he wants what he can be able to do in there and just do whatever he's got to do to get it done. He has had everybody attack him left and right and you don't see him calling up the Post Star to make, you know quotes in the paper about all the rotten things that are going on. I really had it with the way everybody, people that don't know him, I got a new job I came into work and one of the girls says, gee is it your husband I'm reading about it the paper? I said probably, I don't even know, she said the paper is in on my desk. I go in and read it I come back in, the girls are all in the office discussing that they all read it that morning and it really made him sound bad, but they weren't going to say anything to me they we're embarrassed because I was a new person there. Here these people don't even know my husband and they are assuming out of this that really made him sound bad and he's not that horrible of a person. I have to state how I feel about it because, you know as they say, you know if you don't stand for something, your going to fall for anything. Well I'll stand by my husband because I don't feel like anything he has done has been horrific to ever have anybody ever deal with. I hear the motorcycles, I listen to the boats we're right on the river front. I listen to boats early in the morning out there going out to fish and late at night I've heard it, you know what, am I going to go after them and tell them they can't be out there on their boats? No, you know it's something you deal with. The way they have to pick everything apart, has just been absolutely ridiculous. COUNCILMAN PULVER-Mrs. Seeley, let me ask you a question. I've listened to your feelings, how do you feel about this law? Is there anything in the law that you feel you wouldn't be able to comply with or that you would have difficulty? DENISE SEELEY-I don't see that there is anything, you know really bad. This whole thing within a hundred feet of a dwelling he doesn't go within a hundred of a house. I guess there is that one point in the track that he goes into the fifty foot buffer zone. I don't know what it is, like twenty feet or something which he said he would move over there wasn't a problem with it. He has agreed to stay out of the buffer zone, but he's not anywhere near a hundred feet to anybody's personal house. The closet person to any part of that track on the property is Star Cook and her's is about a hundred and fifty feet away. I don't see where there is anything that is outlandish about the whole thing. SUPERVISOR CHAMPAGNE-I did make a visit out there and it was obvious that part of the buffer zone had been removed to make the track through, is it Twin Channels Road, I believe I was on when I rode down through there. It was evident that there has been some trees removed from the buffer zone to make that track through that area. What you are saying is that Craig would be willing to move out of there and stay totally away from and off the buffer zone? DENISE SEELEY-Without a problem. If somebody can decently come up and talk to him about it and ask and not come down at him saying that here we're going to throw this law at you and everything else and start right off on an attack. Anybody's defense is to automatically snap back and defend themselves if somebody's coming at them. MRS. SEELEY-(Craig's mother) Especially after what we've been through. COUNCILMAN GOEDERT-Mrs. Seeley is Craig here? DENISE SEELEY-No he's not. MRS. SEELEY-(Craig's mother) He wouldn't come he said I'm not going to justify this, he said that's ridiculous. DENISE SEELEY-I have just sat back way too long and listened to it and said I will be there. COUNCILMAN PULVER-You have heard that we are not going to do anything about this law tonight because we're going to do some more research, but would you ask him for us, for the Town Board that he would try to refrain from going any closer than one hundred, you said that he's not so. DENISE SEELEY-He's not within a hundred feet. COUNCILMAN PULVER-Also he would try to stay out of the buffer zone that he's in. DENISE SEELEY-That's not a problem. EXECUTIVE DIRECTOR, MR. MARTIN-Could I suggest something a little step further then because we have talked to some of the neighbors about this. Would Craig be willing to sit down with the neighbors in a session of mediation so to speak and see if we can come up with an agreeable time to ride the motorcycles, agreeable days, agreeable times that type of thing. It would not be offensive, but yet facilitate his recreational use of the property. DENISE SEELEY-I can't speak for him, but I can give him your thoughts. But as far as when he rides, he has never ridden in any kind of noise ordinance, timing or anything. It has always been after work hours for a while and basically on Sunday. Sometimes some people will go down a couple friends will go down on Saturdays mostly it's Sunday. They get together on Sunday morning and they all go out and ride for a little while before they disburse to go do their family things or whatever. The whole thing with all this reckless driving and all that stuff these guys, yea they're all experienced, they've all been riding motor cross since they've been little kids. Craig has had a dirt bike since he was what probably eight years old, it's not like they go out there and bounce off trees. These people, they are all married and most of them have families or have families on the way. MRS. SEELEY -Most of them have trophies they can show from their younger years. DENISE SEELEY-They are completely equipped from head to toe in gear. They are not out to kill themselves and they are not there to aggravate neighbors, they are there to go out and relax. Wouldn't any of us here rather have them go out after work and ride through the woods than have them go sit in a bar and have a few beers and drive home. It is not a ridiculous thing that they're going out and riding for a little while to relax and unwind from a very stressful day. MRS. SEELEy-It's also not open to the public. DENISE SEELEY-Not by any means. COUNCILMAN TURNER-How many of them ride the trail on a Sunday? DENISE SEELEY-I don't know, I don't go up there on every Sunday to see how many people are there. I think probably the most people that I've ever seen up there ride is maybe six. They are there at all various hours. Some people get there at nine o'clock, other people show up at eleven, it depends on what time they get up and get going in the morning. There are various number of people, you know Craig and his employees but they are not all there at the same time on the nose at a certain hour. MRS. SEELEY-We have seven employees right now that do own bikes and ride after work, not all together and not all at the same time. DENISE SEELEY-I stood right there when some kids pulled into the driveway and said do you know who owns this property? Craig says why and he says we want to know if we can come and ride here. He says no, not right now, it's not opened to everybody and we're not having everybody come in here and ride. COUNCILMAN GOEDERT -Are you saying that he doesn't ride between the hours of 9:00 p.m. and 6:00 a.m. at this time? DENISE SEELEY-No he never does. COUNCILMAN GOEDERT -He doesn't ride within a hundred feet of a dwelling? DENISE SEELEY -First of all, there is no lighting, they are riding through half woods so there are no big head lights on dirt bikes and there is no lighting system running through the woods so as soon as it's dusty, they can't see. As the season goes on, its going to get even earlier and earlier that they have to quit for the evening. At this point where it is right now outside when they are under trees, they can't see so they are not riding. It's never in those hours of time never. The earliest they ever went up there was eight thirty in the mornmg. COUNCILMAN MONAHAN-Mrs. Seeley, if you've read the ATV law which was passed in the eighties and part of it was an attempt to control some of the noise and etc. where certain equipment is required on all ATVs vehicles as far as the muffler etc., do all these riders have those type of mufflers on? I know a lot of the guys that ride bikes that like to take off the factory equipment and put a little noisier ones on which do not comply with our regulations. MRS. SEELEY-These are factory equipment bikes. They are not your motorcycles that are on the road, they are dirt bikes some people do register them. I don't know if any of our guys have them registered, we had one employee prior to this but he is no longer with us. COUNCILMAN MONAHAN-They could be made street legal. I was just wondering if they've kept the original mufflers on or if somebody has put on the load pipes and stuff. DENISE SEELEY-But they don't sit out there intentionally next to the buffer zone and rev their engines to make a neighbor mad. The only time you hear them revving higher is when they have a hill to climb or something. That's when you put on more gas to make it up that, of course, it's going to get a little louder at that point. But they don't just sit out there and rev them next to the property just to see if they can aggravate somebody. MRS. SEELEY-If your going to talk about noise levels, I would like to start complaining right now about the 5:30 a.m. Sunday morning dust blowers at Queensbury Plaza, is it Queensbury Plaza? TOWN BOARD-Quaker Plaza. MRS. SEELEY -Yea, at five thirty in the morning on Sundays they start over there with their dust blowers and they blow the dust in our direction, they don't wet it down or anything. Then, I would also like to complain about the noise on Thursday nights when it's Ladies Night at O'Toole's. SUPERVISOR CHAMPAGNE-Thank you very much. Anyone else care to speak? JOHN SALVADOR-North Queensbury. I have two questions one with regard to the buffer zone. Any area designated as a buffer or buffer zone by the Town of Queensbury, Zoning Ordinance, see Chapter 179. Does that make reference to anyone else's designated buffer zone like AP A or DEC or any other State agencies? ATTORNEY DUSEK-The answer to that is no. MR. SALVADOR-How do I know at some future date your not going to pass a local law that prohibits my use of a buffer zone of that nature, you know we work on these things salami fashion. I had a buffer zone imposed on me with a stroke of a pen. We we're good guys in 1973 and sold sixty acres of wetlands to the Nature Conservancy and then the DEe. Ten years later the DEC instituted a setback requirement from wetlands a hundred feet. With the stroke of that pen we lost six thousand feet by one hundred feet of land and that's a buffer zone. Now we can't build in there what else's can't I do in there? How about snowmobiles, how are they covered by the Town? COUNCILMAN MONAHAN-A snowmobile is an ATY. ATTORNEY DUSEK-None of that would be allowed in the buffer zone. There is also some proposed legislation that's up to the Board's consideration that would further address the buffer zone issue in terms of further regulating its use. MR. SALVADOR-Bear in mind I have real concerns about snowmobiles because our buffer zone is traversed repeatedly, it's a favorite way to get onto Lake George. Down onto to the wetland under the bridge and your right out on the lake, it is an easy thing to do. SUPERVISOR CHAMPAGNE-Anyone else care to speak for or against? NICK CAIMANO-resident of the 3rd Ward. It strikes me that we get off the issue. It seems to me that language has to have meaning. The word buffer, there is a reason for the word buffer, it's to separate A from B. You shouldn't have to ask anyone not to be in a buffer, that's what it's there for by logic. The other thing is the settling of the ordinance. You read something there in the ordinance of that zone and I didn't read into what you read into it. It strikes me that this business there is nothing secondary to any business that would logically conclude that you are allowed to do something else there is nothing there. Listening to you read it, it strikes me that there is a violation there and maybe yet you are going too far. I'm asking that if that's a thought, that you could take into consideration when your doing your thought process. Thank you. SUPERVISOR CHAMPAGNE-Thank you. Anyone else care to speak for or against ATV, buffer zone situation here. DIANE HAYES-My mother owns some land on Ridge Road, it's near an area where motorcycles congregate in a corn field area near where the motorcycle sales area is on Sunnyside. We've put up signs to keep people off and the signs are up for like overnight and then they are torn up. We've had it posted once and the signs were ripped right down. We asked the police to watch it they can't catch them they can see them but they can't catch them and not that they could really do anything to them anyway except just to ask them to stay off your property. But, mom owns eleven acres up there and that's a beautiful piece ofland, we just couldn't develop it right now because it's a mess. There are trails going all over it it's just really a mess. This amendment that you are doing is really well needed here. I'm wondering would you accept a photograph of somebody on your land, would they be able to do something with a photograph? ATTORNEY DUSEK-This would be something that you would have to turn over to the Sheriffs Department for that particular emorcement. You are talking in terms of a trespass and it would be up for them to gage that proof and review that with you. We don't emorce the trespassing issues, that would be solely the DA's office and Sheriffs Department. MRS. HAYES-Do you think that would not be a good idea? ATTORNEY DUSEK-I think it would help. MRS. HAYES-Do you? ATTORNEY DUSEK-Sure. COUNCILMAN MONAHAN-I go back to when we wrote that original ATV Law when we were going to have big identification plates on those bikes as all professional racers have to put on their bikes. Those are very visible from a long ways away, black on white, white on black. If you've got a number eleven out there you can see it with your naked eye you could certainly see it with a pair of binoculars if you have things like that happen you know who is doing it. We used to require them to come in and register and get a town number. I don't think our town numbers were as large as they should have been required. SUPERVISOR CHAMPAGNE-Anyone else? GERT VANDUSEN-Sunnyside Road. You've heard me talk about this in the past. I didn't come today, tonight intending to speak because I understood this law was not going to pertain to our area. I live very close to the area that you've just heard Diane speak about and it's not nice up there, I'll tell you. As I listen to your law tonight I almost wish that I'd lived in a light industrial area or someplace like that instead of a complete residential area because I thought that's the area that you seem to be protecting or allowing something. We don't seem to have any buffer zone..... COUNCILMAN MONAHAN-Excuse me. MRS. VANDUSEN-We don't seem to have any buffer zone up our way, I wish we did, I don't know if it would help us that much. I just hope the Town Board is not going to forget there are a lot of other problems dealing with motorcycles and ATVs in the Town of Queensbury beside this one area. COUNCILMAN PULVER-Doesn't this apply, they can't go within a hundred feet of any residence regardless of what the zone is so this does apply to your area. MRS. V ANDUSEN- Thank you. But that doesn't protect you from all the dust and noise from a hundred feet that we put up with many, many times up there. COUNCILMAN PULVER-Because you don't have a buffer zone in between there? MRS. VANDUSEN-Apparently. We are protected right now because this field is planted with com. But the rumor is out that once the corn is cut down they will be back with your motor cross again. We don't know that's going to happen the word is being passed around to that effect. It's a wide spread area...a lot of problems. COUNCILMAN PULVER-We had quite a few complaints about that last year as I recall, didn't we? SUPERVISOR CHAMPAGNE-Anyone else? The Board have anything more to add? PUBLIC HEARING CLOSED DISCUSSION HELD SUPERVISOR CHAMPAGNE-We will set the law aside until we do more studies, is that the feelings of the board? TOWN BOARD-Yes. RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1995 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 179 THEREOF, ENTITLED, "ZONING," SECTION 179-7 THEREOF, ENTITLED, "DEFINITIONS AND WORD USAGE" TO DELETE THE DEFINITION OF "BUFFER ZONE," AND ADD A NEW DEFINITION OF "BUFFER ZONE," AND TO DELETE ~179-72ENTITLED, "BUFFER ZONES" AND ADD A NEW SECTION 179-72 ENTITLED, "BUFFER ZONES" RESOLUTION NO. 453, 95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of Local Law No.: _, 1995 and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, a completed Part I of a Short Environmental Assessment Form has also been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and/or the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified by Ordinance or Local Law, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance as codified, it is necessary to hold a public hearing prior to adopting said proposed amendment, and WHEREAS, it is also necessary to provide notice to other governmental bodies or agencies as required by law, and WHEREAS, it is also necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Zoning Administrator to such other involved agencies as may be required under SEQRA to notify the agencies of this action and that the Town Board desires to be lead agent in a coordinated review and that a lead agency must be agreed to within 30 days, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on September 11th, 1995, at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by the Town Attorney and substantially in comormance with the Notice presented at this meeting, for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described 10 days prior to the public hearing to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to ~264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, the Notice of Public Hearing and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Zoning Administrator is also hereby directed to send a copy of the proposed amendment, Notice of Public Hearing, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: ATTORNEY DUSEK-Noted this resolution is in regard to the Hudson River Park. It indicates that the Town Board wants to be lead agency for the park noting the board does have to do a SEQRA review before you authorize money to be spent. The second thing, it does, it indicates the general nature of what the park will look like in terms of expenditures, noted this is an exhibit to the resolution. I have been told by the Recreation Department that this is what was included as part of the original grant papers, that's where this came from in terms of the nature of the document described in the program. If the board chooses to adopt this resolution it gives direction to the project and says this is the type of project we want you to go with and it also authorized the Attorney's Office to send out all necessary environmental review forms. COUNCILMAN PULVER-Questioned by voting on this resolution if they are agreeing to the park project as described on this budget SUllUllary sheet? ATTORNEY DUSEK-Correct. COUNCILMAN MONAHAN-Noted it is her understanding where it says basketball court and softball field we are looking at a multi-purpose area down there that can be used for several different sports. COUNCILMAN PULVER-Noted the Board needs to come to terms of what the project is going to be, noting the decision hasn't been made. The meetings that were held and from public input that this was not the project or park that they wanted in that area. SUPERVISOR CHAMPAGNE-Noted the board has heard from the public, have evaluated the input, has spent a year and a half on this, his position is to move ahead with this. COUNCILMAN TURNER-Noted at a workshop a discussion was held concerning the softball field, basketball court, and soccer field noting it was going to be laid out in such a manner so that those would be all adaptable to the site, it was going to combine everything. COUNCILMAN PULVER-During conversation about this and with the public, felt that there was reason to think that we weren't going to do that down there. SUPERVISOR CHAMPAGNE-Recommended to vote on the resolution. RESOLUTION WITH REGARD TO THE ESTABLISHMENT OF HUDSON RIVER PARK - COMMENCEMENT OF SEQRA REVIEW RESOLUTION NO.: 454,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury has secured a Municipal Park Project Grant under the Land and Water Conservation Fund and the Environmental Quality Bond Act of 1986, and WHEREAS, the Grant was secured for purposes of funding the development of a park adjacent to the Hudson River off of Big Boom Road in the Town of Queensbury, and WHEREAS, the aforesaid Grant is a fifty-percent (50%) matching grant and is in the sum of $81,612., and WHEREAS, Warren County is the owner of the property where the park is proposed to be located and the County Board of Supervisors has provided authorization for a revocable license agreement with the Town of Queensbury for use of the County property for a public park and recreation area, and WHEREAS, the Town Board of the Town of Queensbury adopts this resolution for purposes of indicating the type of development that it feels is appropriately planned for the area, as well as authorizing the commencement of a SEQRA review of the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the property to be acquired from Warren County and developed with the grant moneys from the Municipal Park Project Grant Program, previously described in the preambles of this resolution, shall be developed in a manner consistent with the Hudson River Park Project Budget Summary, previously annexed and included as part of the application for the Grant, and annexed hereto as Exhibit A, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Town Attorney to such other involved agencies as may be required under SEQRA, to notify the agencies of this action and that the Town Board desires to be lead agent in a coordinated review and that a lead agency must be agreed to within 30 days. Duly adopted this 21st day of August, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: Mrs. Pulver ABSENT:None RESOLUTION CONCERNING EMPLOYEE HEALTH INSURANCE BENEFITS RESOLUTION NO.: 455,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury previously adopted a resolution which authorized a monthly sum and additional compensation to those employees who, having met certain conditions, waived health insurance benefits, and WHEREAS, previous insurance coverage did not allow for dual coverage and therefore, the Town did not offer a waiver reimbursement for married persons who both worked for the Town, and WHEREAS, the Town of Queensbury now offers two, non-duplicative health insurance options, and WHEREAS, in view of the insurance plans now available, the Town Board of the Town of Queensbury desires to extend the offer of additional compensation to married employees who both work for the Town, who, having met previously established conditions, waive health insurance benefits, NOW, THEREFORE, BE IT RESOLVED, that under circumstances where married persons both work for the Town and where both are eligible for insurance coverage, the Town Board of the Town of Queensbury authorizes the previously established monthly payment plan as and for additional compensation to one of the married persons who, having met conditions relating to comparable insurance coverage, waive health insurance benefits. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADOPTING TOWN OF QUEENSBURY FLEXIBLE BENEFITS PLAN RESOLUTION NO.: 456,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury expressed its interest in adopting a Flexible Benefits Plan for Town employees that would meet the requirements of ~125 of the Internal Revenue Code, and WHEREAS, Robert McMillen, Esq., of Bartlett, Pontiff, Stewart & Rhodes, P.C., the Town of Queensbury's outside legal counsel, has drafted a plan that is intended to qualify under the requirements of ~125 of the Internal Revenue Code and meet the needs of the Town of Queensbury, and WHEREAS, the Collective Bargaining Agreement between the Town of Queensbury and the Town of Queensbury Unit of the Warren County Local #857 of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, stipulates that the Town will provide employees covered under the agreement with a flexible benefit plan to cover the employees cost of health insurance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby elects to adopt the attached Flexible Benefit Plan for all employees who meet the requirements outlined in the Plan documents, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to enter into agreements and sign any and all documents that will be necessary to effectuate the terms of the Flexible Benefits Plan Document, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Comptroller to prepare all filings required to be filed with the Internal Revenue Service relating to the adoption and administration of the Flexible Benefits Plan. Duly adopted this 21st day of August, 1995 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-This is a situation that has been a problem throughout the town over the past three to four years. There has been no policy as to who receives overtime, who does not receive overtime, whether your management or whether your not management. This has been something this board has been working with the last year plus trying to resolve the situation. We had an employee leave and the employee felt that there was some back time where he had overtime coming to him and made a plea for that payment noting this is what the board arrived at. ATTORNEY DUSEK-The major thing to stress is that this was a calculation of this employee's overtime which means this employee worked more than forty hours in any particular week and that sum total of his time equaled a certain number, it was less than a hundred and twenty nine it was probably around eighty or seventy. What that meant was is that he was taking off as I believed had been the policy of the department time and a halffor each time instead of being paid for it at various points in time as the department would allow. Obviously when the employee, as the employee of the Town of Queensbury, it was not possible for him to use up his overtime on a taking time off basis. What has happened he had left over somewhere in the vicinity of around eighty hours then you multiply that time at time and a half. Under the Federal Fair Labor Standards Act Law it is his opinion that the town has to pay that to him. COUNCILMAN PULVER-Questioned if this has been done for everyone that has left or only the ones that have asked? ATTORNEY DUSEK-Doesn't know. COUNCILMAN GOEDERT-Questioned if every department is allowed this privilege? ATTORNEY DUSEK-It has to be extended to anyone who is entitled to comp time or overtime, noting department heads are not allowed as a general rule any compensation for overtime. COUNCILMAN PULVER-Originally agreed to fifty nine hours noting she hasn't seen any documentation on this that he has one hundred and twenty nine hours. Raised question regarding compensation payback for personal use of phone? ATTORNEY DUSEK-Not aware of this. COUNCILMAN PULVER-Questioned if an agreement is on file concerning comp time? EXECUTIVE DIRECTOR, MR. MARTIN-Noted he was instructed at the time he was hired that comp time was to be given hour for hour accumulating to the end of the year and at the end of the year started agam. COUNCILMAN MONAHAN-Clarified that it was not a board instruction. SUPERVISOR CHAMPAGNE-Noted this is a Federal Law that has to be followed. COUNCILMAN GOEDERT-Questioned if the board is setting a policy for comp time? SUPERVISOR CHAMPAGNE-Yes this is in the process of AMTEK. ATTORNEY DUSEK-Noted that the Supervisor has issued a policy statement to department heads noting if they do not have overtime authorized in their budget they have to go to the Supervisor for approval. After further discussion the following resolution was passed. RESOLUTION AUTHORIZING FURTHER COMPENSATION TO SCOTT HARLICKER RESOLUTION NO.: 457,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Mr. Scott Harlicker, previously an Assistant Planner for the Town of Queensbury has left the employ of the Town of Queensbury, and at the time of his departure, had accrued 129.63 comp hours, with said comp hours equal to one hundred and fifty percent (150%) of overtime hours, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves the compensation ofMr. Scott Harlicker in the amount of $1,587.91, to be paid as and for comp time, said payment to come from Account No.: 01-8020-1610. Duly adopted this 21st day of August, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: Mrs. Goedert, Mrs. Pulver ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Spoke to the board regarding letter received from Town Clerk's Office requesting not to name this road Amy Court noting there is already an Amy Lane in the 4th Ward and that both of these roads would be in the 4th Ward. SUPERVISOR CHAMPAGNE-Spoke with Highway Superintendent, Paul Naylor, noting Mr. Naylor also has a problem with the duplicate names. RESOLUTION AMENDING RES. 409, 95 AND CHANGING THE NAME OF A PORTION OF ROAD NO. 472, MC DONALD DRIVE RESOLUTION NO.: 458,95 (DEFEATED) INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury by resolution no. 409, 95, accepted dedication of certain roads in the Hudson Pointe Planned Unit Development, and more specifically, accepted and named Road No. 472, which was described as beginning at the McDonald Drive Westerly ending at Cul-De-Sac and named McDonald Drive, and WHEREAS, the Town Board of the Town of Queensbury has received a request to change the name of a portion of McDonald Drive, such that that portion of McDonald Drive lying and existing from McDonald Drive westerly and ending at Hudson Pointe Boulevard would be known as McDonald Drive, while that portion of McDonald Drive beginning at the Hudson Pointe Boulevard and ending at the Cul-De- Sac would be known as Amy Court, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the renaming of McDonald Drive, such that beginning at McDonald Drive Westerly and ending at Hudson Pointe Boulevard will be known as McDonald Drive, and that portion of the road beginning at the Hudson Pointe Boulevard and ending at the Cul-De-Sac would be known as Amy Court, with the measurement and distances of said roads to be established by the Highway Department and the records to be accordingly amended by the Town Clerk of the Town of Queensbury. Duly adopted this 21st day of August, 1995, by the following vote: AYES: None NOES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne ABSENT: None RESOLUTION REQUESTING SPEED LIMIT REDUCTION ON CORINTH ROAD RESOLUTION NO.: 459,95 INTRODUCED BY: Mr. Theodore Turner SECONDED BY : Mrs. Carol Pulver WHEREAS, the Town of Queensbury has received a request from the Warren County Department of Public Works that the Town Board of the Town of Queensbury adopt a resolution concerning the speed limit on CR28 - Corinth Road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Supervisor and the Town Clerk to work together to complete any forms that may be necessary to be submitted to the Warren County Department of Public Works, and then accordingly to the New York State Department of Transportation, pursuant to ~ 1622 of the Vehicle and Traffic Law, for purposes of studying and establishing a lower maximum speed on CR28 - Corinth Road, between the Adirondack Northway and CR58 - West Mountain Road, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further requests that the said speed limit be lowered for safety reasons. Duly adopted this 21st day of August, 1995 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1995 BUDGET RESOLUTION NO.: 460,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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: COMMUNITY DEVELOPMENT: FROM: TO: 001-3620-4050 (Books, Pubs. & Subscription) 001-3620-2001 (Misc. Equipment) 01-3620-4030 (Postage) 001-3620-2001 (Misc. Equipment) 01-3620-1070 (Clerk Part-Time) 001-3620-2001 (Misc. Equipment) 1,000. 01-8020-4400 (Misc. Contractual) 001-8020-2010 (Office Equipment) 1,000. 01-8010-1606 (Zoning Em. Officer) 01-8020-2032 (Computer Software) BUILDING & GROUNDS: AMOUNT: TO: 01-1620-1070-0027 (Clerk - Part-Time) 01-1620-1860-0027 (Qby. Center Coordinator) 14,698. HIGHWAY: FROM: TO: 04-5130-4410 (Gasoline) 04-5130-4400 (Misc. Contractual) 15,000. and $ AMOUNT: 600. 700. 950. $ $ AMOUNT: BE IT FURTHER, RESOLVED, that the 1995 Town Budget is hereby amended accordingly. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION ESTABLISHING INTEREST RATE TO BE PAID IN CONNECTION WITH THE FIRE FIGHTER SERVICE AWARD PROGRAM AND AUTHORIZING TRANSFER TO FIRE SERVICE AWARD TRUST FUND RESOLUTION NO.: 461,95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, Article 7 of the Plan Document established for the Town of Queensbury Service Award Program provides that the Town Board, as Trustees, will determine annual contributions to the Plan, as well as the percentage of interest to be paid by the Town on contributions for the period of time the annual contribution due the Service Award Program Trust Fund has not been made, and the rate of interest used to calculate the annual contribution calculated to fund any prior service liability in accordance with Section 7.03 of the Program Document, and WHEREAS, the Town Board has been advised that interest rates earned in January of 1995 on investments of funds accruing from taxes at the rate of 5%, as stated on the Town's investment statements from Evergreen Bank, and WHEREAS, in accordance with the terms of the Volunteer Firefighter's Service Award Program, the Town of Queensbury shall make an annual contribution, in trust, in the amount of $400.00 for each participating, qualified and eligible Volunteer Firefighter, and WHEREAS, the Town of Queensbury has contracted with Penflex, Inc. to calculate the amounts due, and WHEREAS, Penflex, Inc. has indicated in a letter dated July 25, 1995, that the amount to be paid as of January 1, 1995, exclusive of interest, is $74,035.67, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the interest rate to be paid on unfunded contributions to the date of funding for annual contributions to be made to fund prior service liability shall be 5%, and BE IT FURTHER RESOLVED, that the Town Supervisor, working with the Fire Service Awards Administrator, Mr. Ed Holohan, ofPenflex, Inc., is authorized to make the contribution to the Fire Service Award Fund, including interest at 5%, as soon as practical, and said contribution, after being calculated, shall be paid for from Account No.: 005-3410-4980. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND LOCAL LAW NO.9, ENTITLED "A LOCAL LAW REGULATING PARKING ON A PORTION OF GLENWOOD A VENUE IN THE TOWN OF QUEENSBURY" RESOLUTION NO.: 462,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would amend Local Law No.9, entitled "A Local Law Regulating Parking on a Portion of Glenwood Avenue in the Town of Queensbury", by deleting a portion thereof relating to the installation and maintenance of No Parking signs, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the proposed action is determined to be a Type II Action under the rules and regulations of the New York State Department of Environmental Conservation relative to SEQRA, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on the 11th day of September, 1995, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law in the manner provided by law. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedet, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: (MAP PRESENTED TO BOARD ) ATTORNEY DUSEK-Spoke to the Board regarding the three parcels on the map regarding the Water Treatment Plant site. The proposal is to close on a portion of this property as quickly as we can with perc approval coming in the next few months. Noted it is good prudent business behavior to buy title insurance to make sure that we're protected in our title to the property. The following resolution was passed. RESOLUTION AUTHORIZING ACQUISITION OF TITLE INSURANCE FOR PARCELS BEING ACQUIRED FROM NIAGARA MOHAWK POWER CORP. AND HUDSON POINTE, INC. RESOLUTION NO.: 463,95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is currently arranging for the purchase of certain property from Hudson Pointe, Inc., which property will be used in connection with the Water Treatment Plant Expansion Project, and WHEREAS, the Town Attorney recommended the purchase of title insurance in connection with the property acquisition, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to arrange for the acquisition of title insurance for all of the parcels being acquired by the Town from Niagara Mohawk Power Corporation and Hudson Pointe, Inc., and BE IT FURTHER, RESOLVED, that the cost of the title insurance shall be paid for from the Project Account established for the Water Treatment Plant Expansion Project. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: EXECUTIVE DIRECTOR, MR. MARTIN-Noted this is the agreement with the Lake George Park Commission for a grant to prepare a Stormwater Management Plan for the town, noting this was before the board about a month ago. Has worked with the Attorney's Office and the Lake George Park Commission and their Attorney's to get a product out of this process that is truly tailored to meet the needs of our town as opposed to being something that the Park Commission may be looking for, recommended approving agreement. ATTORNEY DUSEK-Spoke to the board regarding his concerns concerning agreement. Noted that if the town gets into this and agrees to develop a plan the plan has to be consistent with the Lake George Park Stormwater Regulations. That there was no provision of the payment of $10,000, but now has been clarified to indicate that it is payment for outside consulting services which means the $10,000 cannot be used for anything internally, it can only be used for what you incur as outside costs. In addition to this you will be required to submit invoices and vouchers satisfactory to the Commission and State Comptroller in order to get payment. Noted that the agreement with C.T. Male will require you to pay regardless. In the C.T. Male Agreement they are required to submit invoices and things that are needed and they will do that, but in the event that you should not be paid for their work, they still want to be paid. After further discussion the following resolution was passed. RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN THE LAKE GEORGE PARK COMMISSION AND THE TOWN OF QUEENSBURY FOR THE PREPARATION OF A LOCAL STORMW ATER MANAGEMENT PLAN RESOLUTION NO. 464, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, there has been presented at this meeting an Intergovernmental Agreement between the Lake George Park Commission and the Town of Queensbury for the preparation of a Local Stormwater Management Plan by the Town of Queensbury and for reimbursement up to an amount of $10,000.00 by the Lake George Park Commission in connection with the development of said plan, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement presented at this meeting, and hereby authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury and, if necessary, arrange to place the seal of the Town of Queensbury on the same, and BE IT FURTHER RESOLVED, that any proceeds received from the grant shall be placed in the Miscellaneous Contractual Community Research Account No.: 01-8030-4400. Duly adopted this 21st day of August, 1995, by the following vote: AYES: Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None ABSTAIN:Mrs. Goedert-I am abstaining from this due to the fact that I just don't have enough knowledge and reference to this at this time. RESOLUTION APPROVING AGREEMENT WITH e.T. MAKE ASSOCIATES, P.e. FOR STORMW ATER MANAGEMENT PLAN RESOLUTION NO. 465 (WITHDRAWN) INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. FRED CHAMPAGNE COUNCILMAN MONAHAN-Questioned the fact that she didn't see a completion date? EXECUTIVE DIRECTOR, MR. MARTIN-Is in the work scope which is March or April of next year. ATTORNEY DUSEK-Noted that they cannot get paid until 60 days after a Draft Stormwater Plan has been submitted. COUNCILMAN MONAHAN-The scope of work has not been made a part of the contract. ATTORNEY DUSEK-Noted the scope of services has been attached together with addendum of the fee schedule, it is all part of the agreement. COUNCILMAN MONAHAN-Questioned specifically where does it say completion time? EXECUTIVE DIRECTOR, MR. MARTIN-Recommended to pull the resolution until that item can be provided. After further discussion it was the discussion to hold the resolution for a later date until a completion date has been submitted. ATTORNEY MATTERS BONDING 1-87 WATER PROJECT ATTORNEY DUSEK-Spoke to the board regarding the 1-87 water project, noting that the town has multiple contracts out for the water treatment plant expansion. One of the contracts concerns the installation of piping across 1-87 from certain water tanks that will be located up near the Gurney Lane area and it will cross over 1-87 and feed water pipes in that part of town, noted Joseph Wunderlich has this contract. In connection with the crossing the town in its contract specs had provided that the town will secure the DOT work permit necessary to cross under 1-87 which the Town did make application for. The specs also required the Wunderlich Company to provide the bond necessary for DOT. In terms of starting up the work, the Wunderlich Company did provide a bond, however, the bond was not acceptable to DOT because of who it was made out to, it was made out to the Town of Queensbury instead of DOT. DOT further advised that the Town of Queensbury would have to be on that bond. Has received word from Wunderlich noting that the Insurance Company required that the Town issue a General Indemnity Agreement to the Insurance Agreement which agreement provided for a list of things. Recommended to the Board that the town go out and get the bond themselves. If the town goes ahead and authorizes to get your own insurance bond you would then in turn look for a credit against the Wunderlich Contract because he would not have to provide the bond. Checked into the town acquiring the bond and was advised that you can acquire the bond depending upon the exact type. Through the Wunderlich contract for the water plant the town would look for a credit on this, noting there is a meeting scheduled for this week to determine what the credit will be in terms of the cost of the insurance. The town would have a better situation in terms from a legal standpoint from acquiring the bond itself and the town will likely save money. COUNCILMAN MONAHAN-Questioned if this was a per year charge? ATTORNEY DUSEK-Correct. COUNCILMAN MONAHAN-Questioned if the year will seize at the final completion certificate for that phase of the project or will it go for a year after to cover a warranty period? ATTORNEY DUSEK-Our understanding is that once we notify DOT of the completion date they will issue a release and at that time the bond period will end, this is as far as the construction. There is a question as to whether the town will have to bond the continue maintenance of that. As of right now it doesn't appear that you will. Attorney Dusek asked the board for their consensus as to if he should proceed? COUNCILMAN MONAHAN-The town should do the direct bond. SUPERVISOR CHAMPAGNE-Agreed. COUNCILMAN TURNER-Agreed. COUNCILMAN PULVER-Agreed. ATTORNEY DUSEK-Spoke to the board regarding requests received from departments on selling vehicles that are no longer needed. Asked if the board has a preference on how these should be handled? SUPERVISOR CHAMPAGNE-Asked for a list of vehicles that are no longer needed, board to take a look at list. Consensus is to run it through the newspaper ad and accept the highest sealed bid. ATTORNEY DUSEK-Noted he has one matter regarding collective bargaining negotiations for Executive Session. DISCUSSIONS EXECUTIVE DIRECTOR, MR. MARTIN-Questioned if the board wanted to enter a motion to send the Monsour change request to send it to the Planning Board. TOWN BOARD-It was the decision of the Town board to wait until the next schedule meeting to pass this resolution. COUNCILMAN MONAHAN-Spoke to the Board regarding setting up a committee in regard to the changes in the waterfront residential zone. EXECUTIVE DIRECTOR, MR. MARTIN-To contact interested volunteers regarding committee appointments. PROPOSAL AGREEMENT WITH WARREN COUNTY OF REFERRED PROJECTS - JIM MARTIN EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the board regarding the application process for applicants concerning the Planning and Zoning Boards. Would like to speed up the process for applicants without jeopardizing the integrity of the process, but yet making it easier for the applicant. Spoke to the board regarding referring projects at the county level (list of projects presented to board) if certain projects could be eliminated from this process. After further discussion board in agreement to have Supervisor Champagne bring the list to the county. OTB IN QUEENSBURY SUPERVISOR CHAMPAGNE-Spoke to the board regarding OTB relocating in Queensbury, asked the board for their consensus. COUNCILMAN MONAHAN-Noted that when previously in Queensbury they would not comply with the Sign Ordinance. COUNCILMAN PULVER-Noted she doesn't have a problem if they can find a site that is suitable with our zomng. COUNCILMAN MONAHAN-Questioned if they would have to comply with the town's Zoning Ordinance? EXECUTIVE DIRECTOR, MR. MARTIN-Typically governmental functions are exempt but would like to research it further. COUNCILMAN MONAHAN-Noted not in the position of supporting this in government. EXECUTIVE DIRECTOR, MR. MARTIN-To research matter and report back to board. COUNCILMAN MONAHAN-Noted she would like an agreement that the sign would be in comormity. COUNCILMAN TURNER-Agreed. PROPOSED 1996 BOARD BUDGET SUPERVISOR CHAMPAGNE-Spoke to the board regarding the 1996 Proposed Budget. Asked board members if they have any suggestions to contact Cathy Geoffroy. DISTRIBUTE BOARD AGENDAS - FRIDAY SUPERVISOR CHAMPAGNE-Spoke to the board regarding having the packets being distributed to board members on Friday instead of Thursday. Have had problems in the past of getting them out on Thursday due to conflicting schedules. DISCUSSION SUPERVISOR CHAMPAGNE-Noted that it appears that the town is coming in at a five percent local share for the North Queensbury Sewer. The committee is looking at rolling this over as a county project and as a county project they are looking at the possibility of the total county tax roll picking up that five percent share. Where it goes has no idea, town law would not permit that to happen at the county level, doesn't know, investigating this now. COUNCILMAN MONAHAN-Noted her concern if the county picks up the five percent share, what kind of an input and impact are the desires of the Queensbury residents and the Queensbury Town Board going to have in picking an engineering firm and picking the type of wastewater system that's going to be used. Would like answers to these questions. SUPERVISOR CHAMPAGNE-Fred Austin has indicated and clearly spelled out that there would be no change in what he originally came here and talked about. There would be an engineer on county payroll representing the Town of Queensbury that we select ourselves. COUNCILMAN PULVER-Questioned who would be paying the local share the town or county? SUPERVISOR CHAMP AGNE- The county is investigating this. OPEN FORUM BERNARD RAHILL-resident of Queensbury. Noted he had questioned before at a previous meeting whether all of the money for the sewer district would be paid through by that district, noting the answer from everyone including Fred Austin was yes. SUPERVISOR CHAMPAGNE-Noted that could have been, but if it were there could be some change made at this stage. ATTORNEY DUSEK-Under town Law you would not be able to charge it against the town, you would only be able to charge it against the North Queensbury Sewer District. MR. RAHILL-Questioned that wouldn't only those areas that receive the service pay the taxes for that servIce. ATTORNEY DUSEK-This is normally the practice under the districts. MR. RAHILL-Questioned how much it cost the town to purchase the five acres for the water plant? ATTORNEY DUSEK-Noted the purchase is not concluded yet. The propose price is in the range of $30,000 TO $35,000. The nineteen acres was proposed for $67,500. SUPERVISOR CHAMPAGNE-Haven't arrived at a final number yet, it is still in negotiations. MR. RAHILL-Questioned why the costs are so low. ATTORNEY DUSEK-This is what Niagara Mohawk has listed as the price for the property, have requested copies of the appraisals. MR. RAHILL-Questioned why the town has surplus vehicles? SUPERVISOR CHAMPAGNE-They are vehicles that the town has replaced. They are vehicles with a seventy-five or hundred thousand miles on them that are replaced on a regular schedule. MR. RAHILL-Questioned whether they could be traded in on new ones? SUPERVISOR CHAMPAGNE-The town buys on state contract. MR. RAHILL-Questioned if the vehicles could be reworked so they could be used? SUPERVISOR CHAMPAGNE-No. MR. RAHILL-Questioned how much flexibility there is with the Hudson Park money, is it cast in stone? ATTORNEY DUSEK-As far as the development of the park doesn't believe it is. The board has spoken and outlined what the plan will be. As far as the money involved the town must match fifty percent of the funds of the State Grant which is $81,000. MR. RAHILL-Spoke to the board regarding his concern with the Recreation Commission not providing adequate water imrastructure for the benefit of children in the Town of Queensbury. Asked the Town Board to think very seriously about providing an adequate place for children in the fourth Ward. Spoke to the board regarding Queensbury Central School adding an Elementary School in the future noted if they did this the Town Board will have to find another location for the Queensbury Little League. Spoke to the board regarding Round Pond noting that Mr. Guido Passarelli is interested in selling it and would be willing to sell it to the Town of Queensbury. Questioned how many people in the town were salaried people? SUPERVISOR CHAMPAGNE-Would have to check the list. MR. RAHILL-Suggested to the Town Board to think in terms of fair labor practices in terms of knowing who should be salaried and should be based on halftime extra for halftime pay. SUPERVISOR CHAMPAGNE-Noted we are talking about the non union group with forty, forty-five people. At the Department Head level these people are not entitled to compensation time, overtime. It's the second and third level that are non union and it's this group, even the local labor attorney has some problems identifying what category they fit into. MR. RAHILL-Spoke to the board regarding the town budget. Recommending having the budget published in the newspaper noting it would be beneficial to the community. Spoke to the board noting his concern for locating OTB in Queensbury. JOHN SCHREINER-Spoke to the board asking if there was an ordinance or law in the town regarding neighbors putting up a spot light that is a nuisance to adjacent property owners? COUNCILMAN PULVER-Questioned if it was a business? MR. SCHREINER-Dunham's Bay Boat Company. COUNCILMAN PULVER-This is something that is done in site plan review. MR. SCHREINER-Noted he has spoke with the property owners and they have been cooperative. EXECUTIVE DIRECTOR, MR. MARTIN-To research matter. JOHN SALVADOR-Questioned the work that is going to be done regarding Stormwater Management Plan, what geographical part of the town does it apply too? EXECUTIVE DIRECTOR, MR. MARTIN-The basin and the Lake George Park Commission boundary. MR. SALVADOR -Noted a major portion of his resort lies south of Route 9L. All of the water shedding from that property sheds into the wetland area where it is supposed to go. EXECUTIVE DIRECTOR, MR. MARTIN-The scope of services was written in a manner that was acceptable to this community. This was the agreed upon problem to focus on the ten most problem areas so when we are done with the document we have a usable document to take to the next level. MR. SALVADOR-Recommended the board hire a professional organization to do an environmental impact statement study on the subject of stormwater. Read into the record an article entitled, The Hyde Park Benefit Assessment District. Asked the Board to maintain their independence with the North Queensbury Sewer Project. MR. RAHILL-Questioned if Warren County has a park in the Town of Queensbury? SUPERVISOR CHAMPAGNE-No. MR. RAHILL-Asked if there is a possibility that Warren County can act in a financial manner and help the Town of Queensbury in financing recreation? Stated he thinks the town should look for money from Warren County for recreation in addition to town money. COUNCILMAN GOEDERT-Questioned if Mr. Rahill checked with Mr. Hansen to see how many children are in need of this service. MR. RAHILL-Aware of the programs that Recreation offers. COUNCILMAN PULVER-Noted that the town is not overloaded in their recreation programs to warrant additional parks. MRS. SEELEY-Agreed that the town needs something more family oriented, something that doesn't cost families a lot of money, noting she thinks the town missed out on Round Pond the first time around. SUPERVISOR CHAMPAGNE-It was brought to a referendum and the people voted no. MRS. SEELEY-Suggested for the Hudson River Park planting a field of flowers for children, also could put some picnic tables at park. MR. RAHILL-Spoke to the board regarding Round Pond noting he has spoken to many people who agree that a park should be located at Round Pond. SUPERVISOR CHAMPAGNE-Noted if Mr. Rahill could bring 300 people to the Town meetings or bring in signatures then the board could discuss the issue of Round Pond. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 465, 95 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Regular Session to discuss personnel. Duly adopted this 21st day of August, 1995, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 466, 95 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 21st day of August, 1995, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE CSEA CONTRACT RESOLUTION NO. 467, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury after reviewing the proposed draft of the Town of Queensbury CSEA Agreement hereby indicates its approval of the same and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury provided that a change be made to Page 22 to clarify that a temporary vacancy would be filled or selected by the Department Head or the Town Board as the case may be in the appropriate places in that Section 5 on that page, and provided further that the language on Page 26, paragraph 5, is clarified to indicate which department is being referred to when notifications of emergency situations etc. are made in that paragraph, it is believed that there are some granunatical corrections that need to be made to the paragraph and/or sentences in that section and the Town Supervisor is hereby authorized to resolve that paragraph with the CSEA. Duly adopted this 21st day of August, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY