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1996-04-01 REGULAR TOWN BOARD MEETING APRIL 1, 1996 7:10 P.M. MTG#16 RES#163-177 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CATHY GEOFFROY, PAUL NAYLOR, JIM MARTIN, MIKE SHAW, CHUCK RICE, JOHN GORALSKI, KIM HEUNEMANN CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-Read petition into the record regarding proposed Hudson River Park. Noted residents want this issue to be brought to a permissive referendum and decided by the residents of the town. SUPERVISOR CHAMPAGNE-Recommended to hold setting a public hearing date tonight, it will be set sometime in the future. At that point those names and that article will be read once again. RESOLUTIONS RESOLUTION IN SUPPORT OF THE NEW YORK STATE EMERGENCY SERVICES COUNCIL TO KEEP ALL EMERGENCY MEDICAL SERVICES ACTIVITIES TOGETHER AND TO KEEP THE EMERGENCY MEDICAL SERVICES COUNCIL IN CONTROL OF ALL EMERGENCY MEDICAL SERVICES ACTIVITIES, INCLUDING TRAINING RESOLUTION NO. 163, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, legislation is presently being proposed seeking to separate emergency medical services (EMS) training and training funds from the New York State Department of Health and placing these responsibilities under the Office of Fire Prevention and Control and the New York State Department of State, and WHEREAS, the New York State Emergency Services Council is taking the position that emergency medical services should stay united and not be separated into component parts as per its letter dated February 15, 1996 by Dr. Dario Gonzalez, M.D., F ACEP, stating the position of the New York State Emergency Services Council, and WHEREAS, the Town of Queensbury supports its three (3) Emergency Services Squads with approximately 100 individual members operating within the Town, NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town Board of the Town of Queensbury hereby endorses the resolution of the New York State Emergency Services Council to keep emergency medical services (EMS) united, properly funded, and within the control of properly trained emergency services providers. 2. The Town Board of the Town of Queensbury opposes legislation to transfer emergency medical services funding to the New York State Department of State and the Office of Fire Prevention and Control. 3. The Town Board of the Town of Queensbury supports legislation to establish the Office of Emergency Medical Services with adequate funding and a separate director of emergency medical services who would be an individual with appropriate medical training. All emergency medical services would be dealt with through this office which would operate under the provisions of Article 30 of the Public Health Law or similar provisions of statute. 4. The Town Board of the Town of Queensbury does not object to the establishment of an office within the Department of State under the Director of the Secretary of State and the Director of Emergency Medical Services, provided that the establishment of such office is in keeping with the statement of the entire resolution. 5. The Town of Queensbury supports legislation which would establish a council comprised of a Director of the Office of Emergency Medical Services, Fire, State Emergency Management, and such other agencies as may be appropriate. Such a council would coordinate the activities of these various offices which deal with emergency services. The legislation should provide that no action affecting emergency medical services would be taken unless the Director of the Office of Emergency Medical Services was in favor of that action. The legislation should also provide for the continuation of the current State Council of Emergency Medical Services and the State Emergency Medical Advisory Committee within the Office of Emergency Medical Services. 6. The Town Supervisor of the Town of Queensbury is authorized and directed to forward a copy of this resolution to Governor George Pataki, Secretary of State Alexander Treadwell, Senator Ronald B. Stafford, Assemblywoman Elizabeth Little, Assemblyman Paul Tonko, and Senator Joseph Seward. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Noted this was a request to show support by the Emergency Squads within the Town of Queensbury opposed to Governor Pataki's budget line transfer to put EMS Training back under the office of Fire Prevention. RESOLUTION RETAINING HAANEN ENGINEERING FOR ENGINEERING SERVICES (PHASE I) - ROOFING PROBLEMS AT THE TOWN HIGHWAY GARAGE RESOLUTION NO.: 164,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining professional engineering services to examine certain problems with the roof of the Town Highway Garage, and WHEREAS, Haanen Engineering has submitted a letter-form proposal dated March 20, 1996, to examine the feasibility of re-roofing the Highway Garage, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to retain the professional engineering services of Haanen Engineering as designated as "Phase I" services in their letter dated March 20, 1996, the same being presented at this meeting, at a sum not to exceed $1,800., and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to enter into an agreement with Haanen Engineering in form approved by Town Counsel and consistent with the terms and provisions of this resolution, and BE IT FURTHER, RESOLVED, that the costs associated with this resolution shall be paid for from the Highway Garage Improvement Miscellaneous Capital Construction Account No.: 089-5132-2899. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN PULVER-This is the last time I will approve anything for the Highway Garage without it being fixed. COUNCILMAN GOEDERT -My only comments is that I'm "eating crow" here. I think it is disgusting that you have to have an engineers report to fix a roof. SUPERVISOR CHAMPAGNE-Well, that leads me into some discussion, I guess. Just for the record, I'm not going to call this "belts and suspenders", but I think for those of us that have been in the public sector before where we've advertised for bids, first of all anything over $20,000 labor and material has to be bid. In that bidding process for those of you that are in the private sector it is pretty easy to recognize the quality of work, the contractor, and his reputation. However, in a public sector no matter how secure or how tightly you write these specifications whether I write them, or she writes them, or they write them, I have to tell you unless you take that low bid you are looking for difficulty down the path. That's why it's my opinion that anything that's over $20,000 I personally, Fred Champagne spending taxpayers dollars on projects that I don't know enough about whether you put a new roof on the building and then the building collapses or whether you put a new roof on the building and it leaks in three years. I'm one who appreciates that stamp by that engineer that says go ahead. Then when I go ahead and have a problem I certainly have someone to fall back on. That's why I prefer an engineer in the kind of work that I approve spending taxpayers money. COUNCILMAN MONAHAN-I will say the reason that we need an engineer is we have to determine the components of the present roof. If it's going to be tom off if so how it can be disposed of. If it's not being tom off the compatibility with the new material. You need the load bearing capacity of this building and assuming you want a warrantable roof you have to have roof plans that warrant a warrantable roof. COUNCILMAN PULVER-My only comment is that I have no problem having an engineer do this. Ijust don't like that sometimes we repeat ourselves. I would like to have this be the one and only time we hire the engineer to fix this building. COUNCILMAN TURNER-There are options on the building. We have discussed this thing three or four times in the Highway Committee, we've discussed doing this many different ways. To get an absolute solution as to how we should do it then we've got to an engineer. RESOLUTION HIRING AlS. ENTERPRISES, INe. TO PERFORM RENOVATIONS TO TOWN CLERK AND TAX RECEIVERS' OFFICES RESOLUTION NO.: 165,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury wishes to authorize renovations to the Town Clerk and Tax Receiver's Offices, and WHEREAS, the Town Board of the Town of Queensbury has previously adopted purchasing procedures, and in accordance with said procedures, a contract in an amount greater than the amount of $5,000.00, up to New York State bidding limits, must be approved by the Town Board before said contract is entered into, and WHEREAS, the Facilities Manager obtained three quotes for the proposed renovation work, and the price of $8,949., quoted by AlS. Enterprises, Inc., was the lowest of the three quotes, and WHEREAS, a proposed agreement for the renovation work has been presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Facilities Manager to arrange for the retention of the services of AlS. Enterprises, Inc., to perform the necessary renovations in the Town Clerk and Tax Receivers' Offices, at a sum not to exceed the total amount of $8,949., and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to sign the agreement presented at this meeting for said work, and BE IT FURTHER, RESOLVED, that the costs associated with this resolution shall be paid for from the Town Office Building Improvements/Capital Construction Account #074-1620-2899, and BE IT FURTHER, RESOLVED, that this resolution shall be subject to a thirty (30) day permissive referendum in accordance with the provisions of Article 14 of Town Law and shall not take effect until such time as provided therein, and the Town Clerk is authorized to publish a copy of this resolution, together with a notice of the fact that this resolution is subject to a permissive referendum in accordance with the provisions oflaw. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: ATTORNEY SCHACHNER-Noted the following changes to the contract. Take out the paragraph on Page 2, Liquidated Damages. Noted it is his understanding the proposed contractor AlS. Enterprises has requested that they not be subject to that provision. Has met and discussed this with Chuck Rice, does not have a problem with striking this provision if the Town Board is in agreement. The town would still have a retainage that would protect the Town's interest. COUNCILMAN MONAHAN-Questioned if the last paragraph on Page 2, should remain? ATTORNEY SCHACHNER-Noted it refers to the liquidated damages provision. COUNCILMAN GOEDERT -Questioned if there is another contractor that would do the job? SUPERVISOR CHAMPAGNE-Noted this contractor is reputable and they have done some work for the town in the past. ATTORNEY SCHACHNER-Recommended keeping in the last paragraph on under Section 2, but striking the last sentence of it. COUNCILMAN MONAHAN-Questioned what provision is being done to make the least impact on the Town Clerk's Office in the busiest times? SUPERVISOR CHAMPAGNE-Noted attempting to do this on down time periods when the receiver is not busy. CHUCK RICE, FACILITIES MANAGER-Noted the offices will close down on Friday. The bulk of the demolition work will be done on the weekend. COUNCILMAN PULVER-Questioned why his department couldn't do this work? MR. RICE, FACILITIES MANAGER-Noted when you get into moving cinder blocks walls etc., would recommend having a contractor do this work. COUNCILMAN PULVER-Questioned if the work would be done by him all the way through the process? MR. RICE, FACILITIES MANAGER-The contractor is accountable for everything. RESOLUTION FORWARDING APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET FOR KEVIN QUINN TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO.: 166,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mr. Kevin Quinn has made application to the Town Board of the Town of Queensbury for a Transient Merchant/Transient Merchant Market License, and WHEREAS, the Town Board of the Town of Queensbury is desirous offorwarding said application to the Town of Queensbury Planning Board for recommendation and site plan review, as is required by Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, following such recommendation, the Town Board of the Town of Queensbury will then review the application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application for a Transient Merchant/Transient Merchant Market be submitted to the Town of Queensbury Planning Board for report and recommendation: KEVIN QUINN - Location of Market: Box 3342, Route 9, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agency for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Requested with the State road setback he would like not to see any vendor tents within the right-a-way of the State Highway, asked to have this required. COUNCILMAN MONAHAN-Recommended if Board members have any comments on this to submit them to Mr. Martin's office, they will look at them in the Planning Committee Meeting. RESOLUTION APPROVING SALE OF OLD STORAGE ITEMS AT AUCTION RESOLUTION NO.: 167,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Facilities Manager has requested permission to hold an auction for purposes of selling miscellaneous old storage items, and WHEREAS, pursuant to ~64(2-a) of the Town Law of the State of New York, the Town Facilities Manager may, with the approval of the Town Board, sell any such items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Town Facilities Manager has submitted a list of town equipment and furniture to be sold at this auction, and WHEREAS, the Town Facilities Manager has indicated to the Town Board that the miscellaneous old storage items sought to be auctioned are either no longer needed for Town purposes, obsolete, or worn out, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the sale of the old storage items as set forth on the list that has been presented at this meeting and shall be attached to this resolution, and included with the minutes of this meeting, and BE IT FURTHER, RESOLVED, that all proceeds of the auction will be deposited in accordance with the Town Code and Laws of the State of New York. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING COVERALLS FOR MECHANICS RESOLUTION NO. 168, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has determined that five (5) mechanics now employed by the Town should receive one (1) set of coveralls each for protection from the elements during inclement weather, especially during the winter months, and WHEREAS, there is a safety issue involved whereby a mechanic needs to be protected from moving parts, and WHEREAS, ~12 of the CSEA Agreement dated August 23, 1995 includes terms for the Town to provide coveralls to certain employees, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the expense of one (1) set of coveralls per year for five (5) mechanics, at a cost not to exceed $60.00 per set. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING FURTHER COMPENSATION TO SUSAN CIPPERL Y RESOLUTION NO. 169, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Ms. Susan Cipperly, an Assistant Planner for the Town of Queensbury, has accrued 61.35 hours of unpaid overtime, with said overtime equal to one hundred and fifty percent (150%) of the actual hours worked, since her date of employment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves the compensation of Ms. Susan Cipperly in the amount of $789.90 to be paid as and for overtime, and said payment to come from Account No.: 001-8020-1610-0002, and BE IT FURTHER, RESOLVED, that such payments shall fully discharge any compensation obligation of the Town for such overtime to Ms. Cipperly. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned if this is the last of Mr. Martin's employees where there would be a situation like this? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. Noted Mr. Hilton has recently been hired and is under the new policy that is in the Handbook that is presently being reviewed, Ms. Cipperly will be under that also. RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS RESOLUTION NO.: 170,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 395,95, indicated its acceptance of the sanitary sewer system, manholes, and necessary or desirable components and appurtenances, installed by Wal-Mart Stores concerning the Central Queensbury Quaker Road Sewer District Extension, Route 9 Sewer District Extension, and WHEREAS, the Town Board of the Town of Queensbury, at the time of acceptance, also authorized the release of certain escrow funds previously retained by the Town as part of the agreement concerning construction of the sanitary sewer system, with the exception of a certain sum to be kept for a period of one year, ($90,000.), and WHEREAS, Wal-Mart is requesting that the $90,000. plus interest monies held in escrow be returned as the one year guarantee period has expired, and WHEREAS, Michael Shaw, Deputy Waste Water Superintendent, in his memo dated March 25, 1996, a copy of which has been presented at this meeting, has recommended the release of the escrow funds held by the Town, plus interest earned on the funds, but minus various fees, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of the sum of $74,677.22 to Wal-Mart, which sum is the net result of the $90,000. deposit plus interest, but minus the service charge, buy-in, guarantee, and outstanding punch list fees. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND LAVERNE B. F AGEL RESOLUTION NO. 171,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury and LaVerne B. Fagel previously entered into a Consulting Services Agreement, which Agreement provided for a termination date of December 31, 1994, and WHEREAS, the Town of Queensbury and LaVerne B. Fagel subsequently entered into a Consulting Services Extension Agreement, which Agreement provides for a termination date of August 31, 1995, and WHEREAS, the parties desire to extend the term of the Agreement to August 31, 1996, retaining, however, the right of either party to cancel or terminate the Agreement upon 30 days written notice, with all other provisions of the current Agreements to remain in full force and effect, including the limitation that the total charges incurred under the Agreement shall not exceed the amount provided for in the Agreement and as amended by Resolution No. 565 of 1994 which authorized an additional amount to be incurred for fees up to $10,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Consulting Services Extension Agreement presented at this meeting and hereby authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury and hereby further authorizes the Supervisor to take such other and further action as may be necessary to implement the terms and provisions of the Agreement, and BE IT FURTHER RESOLVED, that the cost of the services incurred under this Agreement shall be paid for from Account No. 92-8160-2817. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION RESCINDING RES. 160, 96 CONCERNING RETENTION OF SCHODER RIVERS ASSOCIATES RESOLUTION NO.: 172,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 160, 96 retaining the services of Schoder Rivers Associates to provide professional assistance in evaluating the existing structural condition of the former AMG Manufacturing Facility on Luzeme Road in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury desires to rescind said resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 160, 96. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None ABSTAIN:Mrs. Monahan DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Noted when the board asked for the engineering study to be done on a building that was being looked at it came to their attention that they were looking into another building. To be brought back after the April 9th Highway Committee Meeting. RESOLUTION APPOINTING MEMBER TO THE CITIZENS ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO.: 173,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Citizens Advisory Committee on Environmental Issues, and WHEREAS, there is presently a vacancy on said Committee, and WHEREAS, the Town Board desires to appoint Mr. Steven W. Pidgeon, 12 Fox Farm Road, Queensbury to fill this vacancy, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Steven W. Pidgeon to the Citizens Advisory Committee on Environmental Issues. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 174,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain departments have requested transfers of funds for the 1996 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1996 budget: CEMETERY: FROM: TO: $ AMOUNT: 022-8810-4400 022-8810-4070 (Contractual) (Equip. Repair) $ 442. COMPTROLLER: FROM: TO: $ AMOUNT: 004-5130-2040 (Heavy Machinery) 004-004-5730 (BAN) $ 86,250. 062-0062-201 (Cash - Highway Reserve) 089-0089-201 (Cash - Highway $ 5,800. Garage Improvements) and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING HEARING ON SERVICE AWARD PROGRAM POINTS FOR MR. JOEL E. HOLDEN RESOLUTION NO.: 175,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury presently has in effect a Service Award Program for the Town of Queensbury firemen, and WHEREAS, Mr. Joel E. Holden, a firefighter for Queensbury Central Volunteer Fire Company, Inc., has written a letter to the Town of Queensbury requesting that the Town Board consider granting him additional service award credit for points earned during the 1994 year, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a hearing to consider the request of Firefighter Joel E. Holden that the Town Board consider granting him additional service award credit for points earned during the 1994 year, and BE IT FURTHER, RESOLVED, that said hearing shall take place at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York on the 15th day of April, 1996 at 7:00 p.m., and the Town Board hereby further authorizes and directs that the Town Supervisor's Office notify Mr. Holden and the Queensbury Central Volunteer Fire Company, Inc., of the date of said hearing by sending letters to both by certified mail, return receipt requested, not less than ten (10) nor more than twenty (20) days prior to the hearing. Duly adopted this 1st day of April, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN PULVER-Doesn't understand the reason for this resolution. The information was presented from the chief that he did respond the number of times that said he responded, thought this was approved. SUPERVISOR CHAMPAGNE-We did. KIM HEUNEMANN, CONFIDENTIAL SECRETARY TO THE SUPERVISOR-Noted this is part of the process that has been setup per Penflex. TOWN BOARD MATTERS COUNCILMAN MONAHAN-Thanked the Town Clerk for the flyers that were made regarding the transportation that is furnished for Seniors. COUNCILMAN PULVER-Noted on Channel 8, on Thursdays there is a television program about the Seniors. SUPERVISOR CHAMPAGNE-Noted the Eddy Group in cooperation with the Glens Falls Home is looking at Hiland Park to build a Senior Facility. Has met with the representatives from the Eddy Group today, noting it looks like a valid project. OPEN FORUM TIM BREWER, QUEENSBURY-Questioned the board regarding the petition that was presented tonight, asked what the process will be? ATTORNEY SCHACHNER-Noted the board will evaluate the petition to see if the Hudson River Park may require some sort of referendum either mandatory or permissive. Whether it does or doesn't separate and apart from the petition the petition itself may trigger a referendum requirement. MR. BREWER-Questioned if there will be a meeting when this is discussed? SUPERVISOR CHAMPAGNE-Noted once all the information is in that a resolution would be prepared to set a public hearing. ATTORNEY SCHACHNER-Noted it depends on what the legalities of the situation are. SUPERVISOR CHAMPAGNE-Noted a resolution was put together late Friday with the hope that the board would have information today so a decision could be made. Doesn't feel comfortable with information he has along with some other members of the board to move ahead with the public hearing until the board is fully acquainted with and aware of all the implications that deal with the park, awaiting this information. When we get the information in then will move ahead with the public hearing in the setting that sets the public hearing. COUNCILMAN PULVER-Noted if anything comes up along the way where the board is going to discuss this she will contact Mr. Brewer. COUNCILMAN MONAHAN-Questioned the status of the SEQRA process on this issue? ATTORNEY SCHACHNER-Completed gathering all of the information necessary for the Town Board to make a SEQRA determination. The final step was the follow-up historical archeological study that was undertaken a week or so ago. Believes this information has been gathered and is part of the package that the Supervisor is referring too. Will be available to the Town Board when the SEQRA review is done. TOM MCDERMOTT, JR.- Has given people permission to use his land for the purpose of motorcycle riding. Read letter into the record looking for positive recognition for the recreation of motorcycle riding. Asked the Town Board to look for land where people can ride their motorcycles legally. (Letter was not submitted to Clerk) COUNCILMAN PULVER-Questioned if Mr. McDermott has spoken with the Recreation Commission about providing a recreation program for this? MR. MCDERMOTT -No. Would like to have any information he could get from anyone it would be helpful. FRANK SEELEY, QUEENSBURY-Has a parcel ofland on Big Boom Road that he rides on in support of Mr. McDermott statement. Questioned where does this leave them, asked if they still have a place to ride? SUPERVISOR CHAMPAGNE-Will address this tonight. COUNCILMAN TURNER-Questioned what Mr. McDermott is looking to do? MR. MCDERMOTT -Looking to have trails to ride on so they would have a place to ride. COUNCILMAN MONAHAN-Questioned if twenty acres would be enough to buffer it from neighbors with the noise and dirt? MR. MCDERMOTT-If you have ten to twelve yards of trees in your buffer noise it will take care a lot of the noise and a lot of the dust. COUNCILMAN PULVER-Questioned if the ZBA has determined that Mr. McDermott cannot ride on his property? SUPERVISOR CHAMPAGNE-Updated the public how this came about. EXECUTIVE DIRECTOR, MR. MARTIN-Noted Code Compliance Officer, John Goralski, and himself met with Mr. McDermott regarding the track and have come to an agreement, Mr. McDermott will be meeting with the Zoning Board of Appeals. Noted Mr. McDermott would like to find a place that this could be done in an approved area, noted this could be another answer, but will still pursue the review of the riding on his property. COUNCILMAN GOEDERT -Questioned why this is going before the Zoning Board of Appeals? EXECUTIVE DIRECTOR, MR. MARTIN-His determination as Zoning Administrator this constitutes the use of the land. It is a constructed built track and it is not just the McDermott Family riding on the track, these are the two factors that are not an allowed use in a residential zone. Mr. McDermott can appeal that determination or apply for a use variance and has taken an application to this. Noted he would be willing to work with Mr. McDermott on finding a location that would be acceptable. COUNCILMAN TURNER-Questioned how many people use the track on the weekend? MR. MCDERMOTT-Noted the most is fourteen motorcycles. SUPERVISOR CHAMPAGNE-Noted the list of concerns from people who have called him. The major concern is the noise, the dust condition is a problem. MR. MCDERMOTT-Addressing the dust problem in the process of building a water truck to water the track down. When it does get too dusty he has shut down the track sometimes. TROY BAPP-Noted that snowmobiles are out there all winter long and no one complains about that. SUPERVISOR CHAMPAGNE-Noted the issue is that the property is not zoned for motorcycle riding. PUBLIC-Questioned what zone is for motorcycle riding? SUPERVISOR CHAMPAGNE-Maybe we need to take a look at what lacks in the zoning and possibly build that in. P AUL NAYLOR-Noted that years ago people used to ride on the Stevenson Farm, asked the board to look into that possibility. FRED SNACKINBURG-Questioned how it is worded in the zoning that you can't ride a motorcycle on that land? COUNCILMAN TURNER-By zone. EXECUTIVE DIRECTOR, MR. MARTIN-It is not a listed use. All the uses that are allowed in the various zones are stated in there. MR. SNACKINBURG-Questioned if riding a bicycle there would be allowed? EXECUTIVE DIRECTOR, MR. MARTIN-Read the definition ofland use from the Zoning Ordinance, noting bicycle riding would not fall into that category as he reads it. It is not an activity which requires construction of a built track. Doesn't see motorcycles as the issues, sees the built track where it puts it into the land use category. SUPERVISOR CHAMPAGNE-Questioned if there was a way to get less noise from the motorcycles? MR. MCDERMOTT-Noted they are below all DBA limits. If they are to loud he has personally given repacking for the silencer. MR. SNACKINBURG-Questioned if Mr. McDermott made arrangements for a water truck or he puts up stockade fencing to keep the noise down would this be a problem? COUNCILMAN PULVER-Noted it is not an allowed use as yet so they can't answer those questions yet. EXECUTIVE DIRECTOR, MR. MARTIN-Noted comments like that are constructive comments to the Zoning Board as to how you may mitigate the impact of the use. BRUCE KILMARTIN, GLENS FALLS-Spoke to the board noting there is no place to ride motorcycles. Noted that you have to register your motorcycle, but there is no place to ride them legally. Spoke in favor of Mr. McDermotts operation. COUNCILMAN PULVER-Questioned where is the closet place to ride legally? MR. MCDERMOTT -About five hours away. MELISSA FOSS-Spoke to the board regarding the AMA requirements. Questioned the issue of why other people cannot ride on the track. EXECUTIVE DIRECTOR, MR. MARTIN-Noted it is a contributing factor to the land use. It's not just the property owner using his property it's people from a wide area that are coming to this one location and this intensifies the nature of the use. Asked Mr. McDermott if he had information about other communities that have legal bike trails? MR. MCDERMOTT -Can get the information. RALPH CHAMBERS-Has been putting up with this for almost forty years, noted the dust from the dirt and the noise is bad. The town could find a place to do this but the people do not realize how much the dust, dirt, noise it causes. JOHN SALVADOR-Spoke to the board regarding making this a use for the proposed Hudson River Park. SUPERVISOR CHAMPAGNE-Could take a look at this. KEVIN BERKOWITZ-President Hogtown Motorcycle Club. Spoke to the board noting they have to travel to ride their motorcycles. Noted it would be in the best interest of Queensbury to keep the people here to spend their money instead of them traveling out of town. MR. SNACKINBURG-Questioned if there could be set hours, days of operation? SUPERVISOR CHAMPAGNE-This is an issue that has to be brought up at the Zoning Board of Appeals. COUNCILMAN MONAHAN-Noted she has compassion for the neighbors with the dust and the noise, hopes the town can find a way to solve this problem. There are many motorcycle dealers in the area and a lot of money comes from cycle sales, we like the sales tax money that comes from the motorcycles. Has asked Town Boards and Town Supervisors in the past to ask Warren County to create trails where it is safe for these motorcyclists. The neighbors concerns have to be addressed, but the Town has an obligation to the young people to find a safe place for them to ride. COUNCILMAN PULVER-Invited Mr. McDermott to the Recreation Commission Meeting on April 9th. Noted the Recreation Commission is trying to bring the recreation program up to the nineties. SUPERVISOR CHAMPAGNE-Recommending this to be brought up at the next Consolidated Planning Meeting and to have Mr. McDermott present. SUPERVISOR CHAMPAGNE-Asked Mr. McDermott if he has spoken with Warren County about using the snowmobile trails? MR. SALVADOR-They are getting out of the business. COUNCILMAN MONAHAN-Noted there are funds that can be used to develop trails, maybe they need to look at sources of funding also. MR. MCDERMOTT-There are State and Federal funds available for trail system. STERLING ATKINS-CORINTH ROAD-Spoke to the board noting the State needs to do something they will take the money for licensing, but they do not have a place to ride legally. PLINEY TUCKER-Spoke to the board about an ad in paper regarding sale ofland from Town of Queensbury to Hudson Pointe Planned Unit Development, questioned what sale this was? JOHN GORALSKI, CODE COMPLIANCE OFFICER-Noted it could be the Sherman Island Road that has been recently filed in the County Clerk's Office. MR. TUCKER-Hudson Pointe Inc., seller to the Open Space Institute Inc., why are they selling it? MR. GORALSKI, CODE COMPLIANCE OFFICER-They are deeding it to the Open Space Institute. COUNCILMAN MONAHAN-Noted it was one of the requirements that a third party take it over the green space area, it was part of the PUD regulations. MR. TUCKER-Is the space going to be forever wild? COUNCILMAN MONAHAN-Yes. They are putting in the trails behind the bluffs and doing some slgnage. SUPERVISOR CHAMPAGNE-Open Space Institute has a history of developing green space, open area, do the trails, they will spend upwards to $25,000 to $30,000. EXECUTIVE DIRECTOR, MR. MARTIN-Noted they are committed to $20,000 between now and June. SUPERVISOR CHAMPAGNE-Once this happens for a period of two or three years maximum then it will return back to the town hopefully by that time we will have a commission to manage it. MR. TUCKER-Questioned if this would come back to the Recreation Commission? COUNCILMAN MONAHAN-Noted there was a clause in the PUD that this was going to be managed by a third party mutually acceptable to the developer and the town who had the expertise. EXECUTIVE DIRECTOR, MR. MARTIN-A Citizens Committee was formed. Have developed a written management plan and have that plan that is being implemented. MR. TUCKER-Noted it still comes under the jurisdiction of Recreation Land, it was accepted it lieu of recreation fees. SUPERVISOR CHAMPAGNE-Not sure if they have the answer to that tonight. Needs to clarify the question that was raised. Does the Recreation Commission have any jurisdiction over the Open Space Institute property, it doesn't at the present time. ATTORNEY SCHACHNER-The way the land dedication as part of the Planned Unit Development came about it is not the way Mr. Tucker is describing. Doesn't believe the land dedication came about as a recreation land in lieu of a subdivision fees. Thought it was part of the Planned Unit Development to set aside offorever wild property. SUPERVISOR CHAMPAGNE-To have answer to this question at the April 15th meeting. MR. TUCKER-Spoke to the board regarding the discoloration of the flag at the Water Department. COUNCILMAN PULVER-To take care of this. MR. TUCKER-Questioned if the petition that was filed on Hudson River Park is available to the public? ATTORNEY SCHACHNER-Yes. MR. TUCKER-Questioned if the Town Attorney is available to citizens? COUNCILMAN MONAHAN-No. The Town Attorney has never been available to citizens. SUPERVISOR CHAMPAGNE-No. MR. TUCKER-Asked how many referendums the petition could activate? ATTORNEY SCHACHNER-There are two types of referendums. Under New York State Law one is called a mandatory referendum, one a permissive referendum. COUNCILMAN PULVER-It would only trigger one or the other. ATTORNEY SCHACHNER-Or neither, but not both. JOHN SALVADOR-Spoke to the board regarding the Open Space Institute and the exchange of land in lieu of recreation fees. Recommended the board not to lose site of their oversight obligation of this land. COUNCILMAN GOEDERT-Questioned if the property was taken in lieu of recreation fees? EXECUTIVE DIRECTOR, MR. MARTIN-Will have to look into this. MR. SALVADOR-Questioned the status of a letter that was written to Attorney Dusek regarding easements under Town roads, noted he hasn't received an answer to this. If one is required would like to move to get his easement. Spoke to the board regarding a letter he wrote to Mr. Naylor concerning rocks on the road right-a-way. Noted he would like to keep the rocks would like to know where the right-a-way is so he can move the rocks. Questioned if the Emergency Services Report been finalized? SUPERVISOR CHAMPAGNE-Has been received, but has not been reviewed or accepted. MR. SALVADOR-Asked if he could receive a copy of the report. SUPERVISOR CHAMPAGNE-It has to be determined who gets copies. It is a public document could come in and review it. MR. SALVADOR-Spoke to the board regarding the town maintaining the Vessel Regulation Zone on Dunham's Bay. Noted the last two years DEC has been moving the buoys which puts the channel marker east and in front of his docks. The boats are in shallow water which stirs up the sediment on the bottom lake. Asked the Board to contact DEC regarding the placement of the buoys. SUPERVISOR CHAMP AGNE- To contact DEe. MR. SALVADOR-Spoke to the board regarding the Forest Preserve areas of Lake George. Submitted to board members letter on Vessel Regulations. Spoke to the board regarding the misunderstanding of financing regarding North Queensbury Sewer. Questioned if the Town has to come up with money for the study? SUPERVISOR CHAMPAGNE-Noted have not received a final number on how much the Town is responsible for. Will not accept any kind of cost until this board signs an understanding or agreement with the engineers. MR. SALVADOR-Spoke to the board regarding the highway garage who is going to be responsible? COUNCILMAN PULVER-Ms. Geoffroy would be responsible for the numbers ultimately it would fall on the shoulders of the elected officials. MR. SALVADOR-Questioned if the agreement the board entered into for legal counsel functions as an independent contractor? SUPERVISOR CHAMPAGNE-Noted the contract the board has allows Attorney Schachner to meet with the staff and board. We have retained the services of the previous secretaries to support the board and to do some work for Attorney Schachner as necessary. His office also does a share of the work. ATTORNEY SCHACHNER-Noted from his perspective he would only be an independent contractor not employee. OPEN FORUM CLOSED 9: 10 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 176, 96 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 one matter pending litigation, one matter seeking legal advise regarding possible litigation. Duly adopted this 1st day of April, 1996, 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. 177,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 1st day of April, 1996, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury