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1996-05-20 REGULAR TOWN BOARD MEETING MAY 20,1996 7:00 P.M. MTG#21 RES#219-242 BOH 7-10 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS HARRY HANSEN, JIM MARTIN, DAVE HATIN, PAUL NAYLOR, KIM HEUNEMANN Supervisor Champagne-Opened meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 219, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver 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 20th day of May, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 220, 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 Executive Session and moves into Regular Session. Duly adopted this 20th day of May, 1996, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None AbsentNone REGULAR MEETING 7: 15 P.M. QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 221,96 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 the Queensbury Town Board and enters into the Queensbury Board of Health. Duly adopted this 20th day of May, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone PUBLIC HEARINGS VARIANCE FROM SANITARY SEW AGE DISPOSAL - MR. JEFFREY BEAN PUBLIC HEARING OPENED 7:16 P.M. NOTICE SHOWN (MR. BEAN PRESENT) DAVE HATIN, DIRECTOR OF BUILDING & CODES-Does everyone have the memo I did last Thursday regarding Mr. Bean. What Mr. Bean is asking to do is not install the additional 51 feet that is required because otherwise he would have to request variances from the neighbor's well. Due to the restraints of his property and the replacement of a failed system this is the best situation you can get without seeking variances. SUPERVISOR CHAMPAGNE-Is there anyone here to speak against this variance? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-Does the board have anything to offer? COUNCILMAN MONAHAN-Dave if I'm reading this drawing right, the line goes under the road? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. COUNCILMAN MONAHAN-Does Mr. Naylor gives his approval to that? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. SUPERVISOR CHAMPAGNE-Okay anyone else care to speak? COUNCILMAN GOEDERT-Dave this is an acceptable issue as far as your concerned? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes, this is the best situation otherwise we would have to get variances from neighbor's wells. COUNCILMAN MONAHAN-What protects that line from vibration from the road? DIRECTOR OF BUILDING & CODES, MR. HATIN-There is a sleeve in the road. SUPERVISOR CHAMPAGNE-This is in place at the present time this is a done deal? DIRECTOR OF BUILDING & CODES, MR. HATIN-This meets the requirements of the ordinance. What he is asking for is not to have to put the additional required footage. SUPERVISOR CHAMPAGNE-Any further discussion? COUNCILMAN TURNER-How many bedrooms Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-Three. COUNCILMAN TURNER-The soil is pretty sandy anyway isn't it? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR JEFFREY BEAN RESOLUTION NO.: 7,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Jeffrey Bean previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Table 4 (copy attached), such application requesting that there be 138 linear feet of leach field in lieu of the required 187 linear feet of leach field, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on May 20, 1996, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Jeffrey Bean to provide 138 linear feet ofleach field rather than providing the required 187 linear feet ofleach field, on property situated at 142 Sunnyside North, Town of Queensbury, New York, and bearing Tax Map No.: Section 50, Block 1, Lot 19. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan Mr. Champagne NOES: None ABSENT:None VARIANCE FROM SANITARY SEWER - MR. TIMOTHY BENNETT PUBLIC HEARING 7:21 P.M. NOTICE SHOWN (MR. BENNETT PRESENT) DIRECTOR OF BUILDING & CODES, MR. HATIN-This one is for Mr. Timothy Bennett. He again is also asking to place a smaller system than allowed. He didn't realize it until a neighbor contacted us Mr. Bennett has a well 83 feet from the first pit that was put in. He contacted the neighbor she did not want anymore pits closer to her well..... COUNCILMAN PULVER-Dave can you speak into the microphone. DIRECTOR OF BUILDING & CODES, MR. HATIN-Mr. Bennett is asking to place a smaller system than required by the ordinance. There is a well 83 feet from the existing seepage pit that's not installed to replace a failed septic system. That pit was put in the exact same location as the existing seepage area. Mr. Bennett is asking not to have to put in the larger system because his neighbor's well will be compromising the neighbor. The neighbor did not want to sign off unless he only went with the one pit, therefore she agreed to go with one pit you should have a release form from her in your packet. He is asking just to put in the one pit verses the three that is required. SUPERVISOR CHAMPAGNE-Is this going to create future failures, aren't we reducing the capacity considerably on this one? DIRECTOR OF BUILDING & CODES, MR. HATIN-That's the problem. The only alternative that we do have hopefully down the road the neighbor will hook up to town water which she said she will do in the future that would give him the additional room to install it. COUNCILMAN PULVER-Is the water already there? DIRECTOR OF BUILDING & CODES, MR. HATIN-The water is on the road, but she is not hooked up to it. COUNCILMAN MONAHAN-Dave will you come here just a minute please. This is pit but he has a 115 feet between here and the river. DIRECTOR OF BUILDING & CODES, MR. HATIN-This is the pit here, this is the septic tank. COUNCILMAN MONAHAN-How come it is not going that way or would he be more in violation, he has a 115 feet. DIRECTOR OF BUILDING & CODES, MR. HATIN-The problem is there is a slope that drops off right here right at the edge of the septic tank it drops off and goes downhill so therefore we would be a lot closer to the lake to get downhill, whatever. COUNCILMAN GOEDERT-With only doing the one pit instead of the three pits what do you think the life span is? DIRECTOR OF BUILDING & CODES, MR. HATIN-It is going to be cut considerably that's why he is hoping the neighbor will hook up to town water in the future and he can go and hook up the additional two pits. COUNCILMAN GOEDERT -Have you've done this before? Did you put the system in originally? MR. BENNETT-No. COUNCILMAN BENNETT-At this time now how long has the system been there? DIRECTOR OF BUILDING & CODES, MR. HATIN-The original system, I don't know. MR. BENNETT-I've been there four years. COUNCILMAN PULVER-There is a recommendation to have this pumped. I mean, if you are only have one and got five bedrooms they might recommend you pump out every year verses every two years or something like that. DIRECTOR OF BUILDING & CODES, MR. HATIN-This is much larger than what he had there so it will last a lot longer, but it's not going to last as long as the three pits would. COUNCILMAN GOEDERT-If we allow that this time and the neighbor picks up on the town water the next time that this comes before us will he have too? DIRECTOR OF BUILDING & CODES, MR. HATIN-He wouldn't have to come back before the board. Then it would be in compliance he would be able to install it. That's what threw us before he thought the neighbor was hooked up to town water and she contacted us and she told us she wasn't so that kind of threw a kibosh on it. COUNCILMAN MONAHAN-Is Mr. Bennett on town water? MR. BENNETT -Yes. SUPERVISOR CHAMPAGNE-Any other discussion? Anyone else from the audience? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-Okay, we'll close the pubic hearing. PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR TIMOTHY 1. BENNETT RESOLUTION NO.: 8,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Timothy 1. Bennett previously filed a request for a variance from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in 1) Chapter 136, Tables 5 & 6, such standard providing that there be 375 square feet of absorptive area; and 2) Chapter 136, Appendix A, such standard providing that there be a 150' distance between a seepage pit and well or suction line, and WHEREAS, Mr. Timothy 1. Bennett has indicated a desire to 1) provide only 101 square feet of absorptive area rather than the required 375 square feet; and 2) place the seepage pit 83 feet from the neighbor's well rather than placing it at the required 150' distance, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on May 20, 1996, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Timothy 1. Bennett, 1) allowing only 10 1 square feet of absorptive area rather than the required 375 square feet; and 2) allowing placement of the seepage pit 83 feet from the neighbor's well rather than placing it at the required 150' distance, on property situated at 29 East Branch Drive, Town of Queensbury, New York, and bearing Tax Map #: Section 133, Block 1, Lot 4. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None VARIANCE FROM SANITARY SEWER - MR. EDWARD LOCKHART PUBLIC HEARING 7:25 P.M. NOTICE SHOWN (MR. LOCKHART PRESENT) DIRECTOR OF BUILDING & CODES, MR. HATIN-Just briefly. Mr. Lockhart is proposing to place an antiquated system for a new dwelling that he has built on his property on Dream Lake. Given the size of the property and the restraints of the property this is the best alternative he was able to come up with. I met with him about a year ago to try to figure out another alternative and we weren't quite successful with that one so he submitted this one and this is what we're asking for. SUPERVISOR CHAMPAGNE-Anyone else here to speak for or against this variance? Yes, would you please come to the mic and introduce yourself. GEORGE SA V ALE-I'm interested in where the property is actually located. We now have a North Dream Lake Road and a Dream Lake Road South. Mr. Lockhart owns property on both sides of the lake and unfortunately none of the properties are numbered according to our County 911 System. MR. LOCKHART-It's located off Dream Lake Road it is not North Sunnyside. It's as you come off of Bay Road onto Dream Lake Road you go to the end of it. MR. SA V ALE-It's Dream Lake Road North, then. SUPERVISOR CHAMPAGNE-Right coming offfrom Bay. MR. SA V ALE-But, you have other properties on Dream Lake Road South? MR. LOCKHART-Yes. SUPERVISOR CHAMPAGNE-You've got that straight. COUNCILMAN MONAHAN-George this shows it bordered by ....asphalt on the north and on the east. SUPERVISOR CHAMPAGNE-Anyone else have anything to add to that? Board? COUNCILMAN MONAHAN-Yea, if you've got your map in front of you. Dave, I have a question. We've got a lot right beside here 51-3-7 that's 66 acres that also belongs to Mr. Lockhart. I can't tell and I wish you come here a minute, if this encompasses this whole amount ofland or if it's only half. I'm not sure if that arrow is by..... DIRECTOR OF BUILDING & CODES, MR. HATIN-That arrow shows to the neighbors well to the west. COUNCILMAN MONAHAN-I realize that. Is this also a lot line or.... DIRECTOR OF BUILDING & CODES, MR. HATIN-This is the lot line. COUNCILMAN MONAHAN-It's only point 66 acres that seems like a lot. DIRECTOR OF BUILDING & CODES, MR. HATIN-Separate lot. COUNCILMAN MONAHAN-I guess my question is then why does he need a variance why isn't it going this way? DIRECTOR OF BUILDING & CODES, MR. HATIN-Because they are separate parcels they are two separate deeded parcels. COUNCILMAN MONAHAN-I know but he stills owns the land. DIRECTOR OF BUILDING & CODES, MR. HATIN-The Septic Ordinance doesn't combine like the zoning does. MR. LOCKHART - I would have to combine my lots into one. It wouldn't prevail me in the future to do anything with my other lots like give it to my daughter. I would have to create a subdivision after I consolidated it. COUNCILMAN MONAHAN-In the first place, I think that's a nonconforming lot. That is a nonconforming lot that is next door. Also, Jim I believe this is a critical environmental area. EXECUTIVE DIRECTOR, MR. MARTIN-I don't think so. The area around Dream Lake is not a critical environmental area. That is just south of the Adirondack Park. COUNCILMAN MONAHAN-I have a concern because you are going to have the same problem with the lot that's left there then you are going to have to have another variance. MR. LOCKHART-The lot that's less, I've checked out and measured it. It has flatter terrain throughout the backside of it that would still afford to have enough property. You would have the room on that property in the future. At this time it wasn't in my interest as I was given the information to consolidate lots for septic systems. SUPERVISOR CHAMPAGNE-What size lot is it that we're talking about? COUNCILMAN TURNER-It's a little over a half an acre. COUNCILMAN MONAHAN-I think there is another lot and I'm not sure it's in the same ownership, again lands of Lockhart. What is the number of the other one, this land of Lockhart there is no number on this one. MR. LOCKHART-That's a drop of about 70 feet here down hill. This is the dam at Dream Lake. COUNCILMAN MONAHAN-This is the dam? MR. LOCKHART-Yes, that's the property that the dam is on. This property you can see it's a 100 plus feet by almost 250 feet here. If a system was put here there would be enough room between here and here for another possible system. COUNCILMAN MONAHAN-But, is there when you work in a well and everything else has anybody scaled this other lot out to see what could be done? DIRECTOR OF BUILDING & CODES, MR. HATIN-I didn't consider that lot. COUNCILMAN MONAHAN-I think we need to see whether what could be done because otherwise they are going to be back. If this won't fit with the well and the septic system they are going to be right back for another variance. SUPERVISOR CHAMPAGNE-It's better than half an acre. COUNCILMAN MONAHAN-Your separation distance between, where is the well here? Your only 75 feet you are suppose to be how many feet from your well? DIRECTOR OF BUILDING & CODES, MR. HATIN-A 100 feet. COUNCILMAN MONAHAN-When you come in here you also got to figure that one here.... SUPERVISOR CHAMPAGNE-What's your well depth up there now how far down is it? MR. LOCKHART -84 feet. My problem was when they drilled the well they broke the shaft off about 70 feet down. When they drilled the second well they came over about 20 feet and drilled the second one. It really wasn't there when they started the second one and it confined me for space for what I really wanted to do. So, I'm kind of building around my well at this point. COUNCILMAN GOEDERT-Mr. Lockhart are you the property owner of the 5 feet property line? MR. LOCKHART-Yes. I am the owner, the neighbor, but that didn't matter I still needed the variance which I'm here for. I am the one who is the neighbor, but I still need a variance even though I'm the neighbor. COUNCILMAN GOEDERT-That was my question were you the neighbor. COUNCILMAN MONAHAN-Unless those lots are combined. If the lots were combined you wouldn't need too. MR. LOCKHART-To combine lots as you know, you know what I'm dealing with there. Most of the lots were only 50 feet wide when they were actually created. This is actually at one time two lots, a 100 foot lot. SUPERVISOR CHAMPAGNE-Go ahead, George. MR. SA V ALE-I wonder if Mr. Lockhart knows the standing water level in his well compared to the water level in the lake. Is he getting groundwater or is he getting back feed from the lake? That is highly permeable land and I would questioned the wisdom of having this close as to 75 foot to the well with such an elevation and such permeable soils. Obviously....for a long time the water goes very radically in certain directions. MR. LOCKHART-I wonder how deep is Mr. Savale well in relation to his septic. I don't think we have any problems with the quality of the water especially...feet down, I get 25 gallons per minute. I don't think Mr. Savale is within the 500 foot range for neighboring properties. MR. SA V ALE-I was notified according to the map, I am. But, my own well happens to be, the water level in my well happens to be about 5 feet about the.... I am fed from a standard spring, I know where the water is coming from. My septic system happens to be about 175 feet away from the well. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? Anything more from the board? MR. LOCKHART-One last thing, I did sign off from the Town of Queensbury on my well. I don't see it affecting my well being 85 feet down and 75 feet away. But, do to the slope that I have in dealing with the topography is a draw back. PUBLIC HEARING CLOSED 7:34 P.M. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR EDWARD D. LOCKHART RESOLUTION NO.: 9,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Edward D. Lockhart previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically the requirement that there be a 100 foot separation between an absorption field and well or suction line, and the requirement that there be a 10' separation between an absorption field and the property line, and WHEREAS, Mr. Edward D. Lockhart has indicated a desire to place the absorption field: 1) 75 feet from the well or suction line rather than placing it at the mandated 100 foot distance, and 2) 5 feet from the property line rather than the mandated 10 foot distance, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on May 20, 1996, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Edward D. Lockhart, allowing the placement of the absorption field: 1) 75 feet from the well or suction line rather than placing it at the mandated 100 foot distance, and 2) 5 feet from the property line rather than the mandated 10 foot distance, on property situated at the end of Dream Lake Road, Town of Queensbury, New York, and bearing Tax Map #: Section 51, Block 3, Lot 8. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 10, 96 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 as the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 20th day of May, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone QUEENSBURY TOWN BOARD TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE KEVIN QUINN PUBLIC HEARING OPENED 7:35 P.M. NOTICE SHOWN (MR. QUINN PRESENT) EXECUTIVE DIRECTOR, MR. MARTIN-This is the application for a Transient Merchant Market basically during the week of Americade. I think it runs the first week in June. This is the location that we had last year. We talked about this briefly if you recall at our last Workshop Session. One of the comments that the board needs to make sure is in the resolution is the condition that the stands along the Route 9 side be a minimum of 15 feet from the curb of the islands along there. I've talked to Mr. Quinn about this briefly before the meeting he didn't have a problem with setting them back that extra 5 feet. COUNCILMAN MONAHAN-I didn't see this in our resolution. EXECUTIVE DIRECTOR, MR. MARTIN-It's not in there it needs to be added in the language. COUNCILMAN TURNER-Does that affect that operation at all? MR. QUINN-We eliminated the 14 parking spaces. COUNCILMAN TURNER-How much does it leave you from the tents where you had them last year? MR. QUINN-There is plenty of space you can park cars on both sides during regular business hours. EXECUTIVE DIRECTOR, MR. MARTIN-A lot of the vehicles are motorcycles not necessarily cars. MR. QUINN-We didn't fill up last year in the back as much as we wanted, too. The fourteen spots we lost out front really aren't going to make a difference. COUNCILMAN TURNER-Okay. SUPERVISOR CHAMPAGNE-Does that do it Jim for you? EXECUTIVE DIRECTOR, MR. MARTIN -Yes. I think Betty wanted signage for parking to the rear directing people that there is parking to the rear of the lot. MR. QUINN-We're going to hire more people to assist us with parking people off the highway it's something that we've tried to do. We've asked them to get off, a lot of people don't, we're just going to stay a minute is what they say to us. We encourage them to leave their bikes inside the perimeter. People with motorcycles are kind of funny they spend a lot of money on them and they think they can park them wherever they want. COUNCILMAN GOEDERT-In the back parking is that surfaced? MR. QUINN-It was reclaimed back in the early eighties and it's been graveled a few times. EXECUTIVE DIRECTOR, MR. MARTIN-It's very stable back there. MR. QUINN-We made passage for ambulances in the back or fire apparatus to get to the building. COUNCILMAN GOEDERT -Don't bother. MR. QUINN-We have, too. COUNCILMAN GOEDERT -Is there "No Parking" signs along Route 9? MR. QUINN-We don't put them up because we're not the Town and I'm not Warren County, I think I would have to get variances. COUNCILMAN TURNER-You would have to get variances it's a State Road. COUNCILMAN GOEDERT-You are not responsible for them parking on the road anyway. MR. QUINN-Warren County will ticket you and tell you. They just say the same thing, well it's my motorcycle. We don't get many cars out there it's just basically motorcycles. I think with leaving the fifteen feet from the road. I think you'll get more people parking back there you know what I'm saying because then you'll see they can step right over the curve and be able to walk down. EXECUTIVE DIRECTOR, MR. MARTIN-I think if you rope it off. MR. QUINN-We're going to red tape it as best we can. SUPERVISOR CHAMPAGNE-Mark? TOWN COUNSEL, MARK SCHACHNER-The only comment I want to bring out was Item #4, on Page 2, of the resolution would appear to be somewhat inconsistent in that it indicates that the license would be valid only during the Americade Festival June 2nd through 9th, from maximum licensing period of fourteen days. You might want to change the maximum licensing period to eight days which would be June 2nd through 9th. MR. QUINN-I think we only applied for seven days. TOWN COUNSEL, MR. SCHACHNER-If you count the second and the ninth.... SUPERVISOR CHAMPAGNE-That would give you eight days. COUNCILMAN MONAHAN-Is the license fee the same for eight and seven? MR. QUINN -We just want it for seven days we don't want it for eight. TOWN COUNSEL, MR. SCHACHNER-So it's either the second through the eighth or the third through the ninth which ever it is, it is. MR. QUINN-It's Monday to Sunday. COUNCILMAN MONAHAN-Eight days are okay because Darleen said that didn't make his license any higher, right Darleen? TOWN CLERK, DARLEEN DOUGHER-Right. COUNCILMAN MONAHAN-Seven and eight are the same thing for license fee. MR. QUINN-I thought it was five hundred a day. TOWN CLERK, MS. DOUGHER-Five hundred a day, but he is saying it's less than the fourteen days. EXECUTIVE DIRECTOR, MR. MARTIN-He is only charged for the days he uses right? TOWN CLERK, MS. DOUGHER-You are just paying for the days used. COUNCILMAN MONAHAN-What days do you want to use it? MR. QUINN-Monday through Sunday. TOWN COUNSEL, MR. SCHACHNER-So it would be the third through the ninth for a period of seven days. MR. QUINN-We probably don't even need it for the first two days because usually nobody sets up there, but we just do it in case we get one or two tents setting up I don't want anybody to think we're, most vendors don't start selling until Wednesday. EXECUTIVE DIRECTOR, MR. MARTIN-Then Item 8, would be added to the resolution. Vendor spaces along Route 9 will be set a distance of fifteen feet back from the curb. SUPERVISOR CHAMPAGNE-Are we going to create more of a problem doing that then we solve? MR. QUINN-I understand your concern people trying to pull out of the parking lot is that why you are asking us to set them back? SUPERVISOR CHAMPAGNE-Yes. MR. QUINN-If you look at the map we had to close one of our exits, but not rent the space, if you look at our map. If you look at our map, I think we're about fifteen or eighteen feet from the first section that's opened so that people can see around the tents. The first year we did it.... SUPERVISOR CHAMP AGNE- Tight. MR. QUINN-We had to close that entrance and go to the next entrance and not have any space in between them so when people are trying to pull out they have sight. COUNCILMAN GOEDERT-Mr. Quinn we're there any problems last year with the way that you had it set up? MR. QUINN-The only problem we ever had up there was we had a man have a heart attack that's why we have to have the back property. We got lucky the first year we didn't have to come through this we just had an event up there. It just seemed that after that we realized the back is the only way in and out of the property. Most people on motorcycles are pretty aware of the vehicles. We have people who work on Saturday and Friday that flag people back and forth trying to slow cars down. I can't get them off the street, I think what you are going to do is cause more people to park on the streets by making them move their tents back further. SUPERVISOR CHAMPAGNE-It's just a question of right- a-way, too that extends over onto your property. COUNCILMAN MONAHAN-I think you probably had those tents on the right-a-way. MR. QUINN-So maybe, I should go twenty feet? COUNCILMAN MONAHAN-Whatever you want. I think you need to be the fifteen to make sure you are not on the right-a-way. COUNCILMAN TURNER-Where that one telephone pole is right in the middle of the lot how far were the tents away from the pole last year? MR. QUINN-Probably five feet. COUNCILMAN TURNER-The pole is set usually right on the right-a-way. MR. QUINN-The pole is about seven feet from the curb. SUPERVISOR CHAMPAGNE-Well, you know what you've got to do. MR. QUINN-I understand what you are asking. I can post signs up on the wires "no parking" on my property line if! ran some rope down? EXECUTIVE DIRECTOR, MR. MARTIN-Sure. COUNCILMAN TURNER-I never noticed anyone parking there last year. MR. QUINN-Only on Saturday. EXECUTIVE DIRECTOR, MR. MARTIN-So do you want the fifteen foot in there as a condition then? MR. QUINN-I'll be fair with you, I'm not looking for anyone to get hurt and I understand what you are looking for. EXECUTIVE DIRECTOR, MR. MARTIN-It's just a safety issue. COUNCILMAN TURNER-We're just looking for a line of sight that's all. SUPERVISOR CHAMPAGNE-Okay, I appreciate that it's worked out well I'm sure it will continue. EXECUTIVE DIRECTOR, MR. MARTIN-Kevin was very cooperative last year. We had some requests that we made of him during the week and he was there everyday and was good to work with. MR. QUINN-Can I ask you something. I know you told be no and told me not to ask, but I could use a port-a-potty. I only want one for two days, Saturday and Friday. COUNCILMAN MONAHAN-Wait a minute. Jim we said they are legal during festivals. EXECUTIVE DIRECTOR, MR. MARTIN-I told him that the festival location is actually in Lake George. This is just a retailer that outside of the festival. SUPERVISOR CHAMPAGNE-Any other comments from the audience? Good luck. Anything else from the board? PUBLIC HEARING CLOSED 7:45 P.M. RESOLUTION APPROVING TRANSIENT MERCHANT MARKET LICENSE FOR MR. KEVIN QUINN RESOLUTION NO.: 222,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Mr. Kevin Quinn has applied for a license to operate a Transient Merchant Market in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, on or about April 16, 1996, the Town of Queensbury Planning Board adopted a resolution recommending approval of Site Plan No. 12-96 for Kevin Quinn, with the condition that Mr. Quinn eliminate the 14 parking spaces in the center vendor area, and WHEREAS, a Notice of Public Hearing was published in the official newspaper of the Town of Queensbury and a public hearing was duly held by the Town Board of the Town of Queensbury in connection with the license application on May 20, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, upon reviewing the requirements set forth in ~160-8 of the Code of the Town of Queensbury, hereby grants a Transient Merchant Market license to Mr. Kevin Quinn to operate a Transient Merchant Market at Box 3342, Route 9, Queensbury, subject to the following: 1. Queensbury; Mr. Quinn must pay all fees as required by Chapter 160 of the Code of the Town of 2. Mr. Quinn must submit a bond in the amount of $10,000. as required by Chapter 160 of the Code of the Town of Queensbury; 3. Mr. Quinn must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only during the Americade Festival (June 3rd through June 9th, 1996) for a maximum licensing period of seven (7) days, and the license shall expire immediately thereafter; 5. Mr. Quinn must eliminate the 14 parking spaces in the center vendor area, in accordance with the Town of Queensbury Planning Board's resolution and recommendation; 6. The Transient Merchant License shall not be assignable; and 7. Mr. Quinn must comply with all of the regulations specified in ~160-8 of the Code of the Town of Queensbury. 8. Vendor spaces along Route 9 will be set a distance of fifteen (15) feet back from curb. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING - LOCAL LAW TO AMEND CODE CHAPTER 179, ENTITLED ZONING OPENED 7:46 P.M. NOTICE SHOWN EXECUTIVE DIRECTOR, MR. MARTIN-This is an amendment to the Zoning Code that would allow for seasonal produce stands, seasonal produce businesses, I should say. The definition of Produce Stand Portable will be stricken from the code as it now exists. It would be replaced for a definition of Seasonal Produce Business which is as follows: The sale of seasonal farm products, fruits, vegetables or flowers. The code would further be amended to insert this business as a use requiring site plan review in all of the commercial zones of the code. Meaning the recreation commercial, plaza commercial, highway commercial, commercial residential, and neighborhood commercial. Within each of those districts it's allowed as a site plan review use under the following restriction. Seasonal Produce Business from a stand not to exceed two hundred square feet in area and a canopy not to exceed eight feet in height. It also inserts a provision for parking spaces to be required as dedicated parking. This type of use would be four for each stand and that number was arrived at after accommodating employees or proprietors at the stand and anybody who might visit the stand any given time period. SUPERVISOR CHAMPAGNE-Anyone from the audience care to comment? LEE COON-I've been running the stands for the last fourteen years and last year was my first as I've kept my security bond and everything else on the stands with Queensbury. Last year when they came out with the new merchant law it kind of put me out. I've been trying to keep after it and trying to keep my stands going and I asked Jim to help me and he went to change the code and everything. COUNCILMAN GOEDERT-Mr. Coon where do you live? MR. COON-I live in Warren County. SUPERVISOR CHAMPAGNE-Have you had a permanent stand in Queensbury in the past year after year? MR. COON-The last fourteen years there were three stands that I've had. SUPERVISOR CHAMPAGNE-Could you tell us those locations. MR. COON-The location on Corinth Road, Glen Beverage, the other one King Fuels on Quaker Road. They all have bathroom facilities..... COUNCILMAN GOEDERT-Where on Corinth Road? MR. COON-The one on Corinth Road is on the corner of Big Bay Road. SUPERVISOR CHAMPAGNE-Is that commercial? EXECUTIVE DIRECTOR, MR. MARTIN-Are all the areas he just sighted would be in one of those commercial districts. SUPERVISOR CHAMPAGNE-So if you are not within that commercial district, I guess I would use the one here on Bay. EXECUTIVE DIRECTOR, MR. MARTIN-As we discussed in the past we've been rather lenient with this thing. If there is items grown on the site.... SUPERVISOR CHAMPAGNE-That's also a part of this. COUNCILMAN TURNER-That's allowed anyway. EXECUTIVE DIRECTOR, MR. MARTIN-That's allowed because it is assumed that they are growing on the site so they are selling what they are growing in the field. We don't get out there and say that potato came from Queensbury and that one from wherever. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? COUNCILMAN GOEDERT -I have a number of questions. SUPERVISOR CHAMPAGNE-Do you want to the questions first before we do the SEQRA? EXECUTIVE DIRECTOR, MR. MARTIN-I would think you would, yes. COUNCILMAN GOEDERT-This ties into l.7B, correct? EXECUTIVE DIRECTOR, MR. MARTIN-Correct. COUNCILMAN GOEDERT-Right now we're only discussing the SEQRA part of this as 1.7A? EXECUTIVE DIRECTOR, MR. MARTIN-That's the first resolution on non-significance, yes. COUNCILMAN GOEDERT-So if you were opposed to this zoning change would you be opposed to the SEQRA too? TOWN COUNSEL, MR. SCHACHNER-Not necessarily. The issue in the SEQRA review is whether there is a predicted substantial environmental impact to the amendment to the zoning laws. COUNCILMAN GOEDERT -How do we know that unless we know where the sites are going to be? TOWN COUNSEL, MR. SCHACHNER-There is some speculation and some conjecture involved in a zoning law amendment whenever you are doing SEQRA review. But, to answer your question directly you can not feel or feel that there will be a substantial environmental impact, but that wouldn't necessarily dictate whether you are in favor of or against modifying the zoning law to allow these in a commercial zone. SUPERVISOR CHAMPAGNE-This has to have site plan review, right? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. TOWN COUNSEL, MR. SCHACHNER-In all the commercial zones the way the modification is set up it would be subject to site plan review in all of them. SUPERVISOR CHAMPAGNE-If we find out at Big Bay and Corinth that the parking, or the traffic, or whatever complicates the business then the Planning Board would throw it out is that correct? EXECUTIVE DIRECTOR, MR. MARTIN-It is viewed as any other commercial business. TOWN COUNSEL, MR. SCHACHNER-They would have the authority to do that. EXECUTIVE DIRECTOR, MR. MARTIN-It's reviewed for it's impact on the traffic system, access point, parking. SUPERVISOR CHAMPAGNE-Really this SEQRA, I mean it's kind of global in nature. It is saying any commercial area whether it's neighborhood commercial... EXECUTIVE DIRECTOR, MR. MARTIN-This is framing it in more than some amendments you make to the zoning code that may be potentially town wide. This is restricted to the commercial area so you do have some definition of where it's envisioned to go. SUPERVISOR CHAMPAGNE-Any other comments, board? EXECUTIVE DIRECTOR, MR. MARTIN-The reason being behind it in a commercial area is these are the areas of the town that are identified over the course of the years to have the proper infrastructure in terms of highway access and so on to handle the traffic that is associated with a commercial use. COUNCILMAN MONAHAN-You can really look at it as though another retail store or something was going in there. PART II FULL ENVIRONMENTAL ASSESSMENT FORM EXECUTIVE DIRECTOR, MR. MARTIN-Impact on land. Will the propose action result in a physical change to the project site? Do you want to go through each example? COUNCILMAN PUL VER-I don't want to go through each example. TOWN BOARD-No. COUNCILMAN GOEDERT-Wait a minute Jim. How can you say that there will be no result of physical change? COUNCILMAN TURNER-Physical change to the land. COUNCILMAN MONAHAN-If you look at the criteria there that criteria doesn't come into play. COUNCILMAN PULVER-You are not going to construct any slopes. COUNCILMAN GOEDERT-You don't know that because you don't know where they are putting them up. COUNCILMAN PUL VER- That would be discussed at site plan review. Right now we are going to assume they are not going to be....... TOWN COUNSEL, MR. SCHACHNER-Maybe the best thing to do before we run through the form in its entirety is to put this into a framework. We're talking about here the proposed amendment to the zoning law. Actual projects would still be subject to site specific SEQRA review so that when somebody is proposing a seasonal produce business at a particular location it would still be subject to SEQRA review of its environmental impact by the Planning Board during the site plan review process. It might be easier as you go through this SEQRA form of the propose action that we're undertaking now is merely amending the zoning law to allow these seasonal produce businesses to be in existence. COUNCILMAN GOEDERT-It doesn't help because I am not in favor of it. COUNCILMAN MONAHAN-That has nothing to do with the SEQRA. SUPERVISOR CHAMP AGNE- The final judge is the Planning Board. TOWN COUNSEL, MR. SCHACHNER-All these are subject to site plan review. COUNCILMAN MONAHAN-Plus the fact Jim that plan in eighty-eight had to go through SEQRA, right? EXECUTIVE DIRECTOR, MR. MARTIN-Correct. COUNCILMAN MONAHAN-So all your highway zones at that time went through the SEQRA and passed the SEQRA so that's really what we're doing right now. We're saying will these produce stands have any more impact on the highway zones than what we've permitted there before. EXECUTIVE DIRECTOR, MR. MARTIN-Actually your planning process goes through as two environmental reviews. Adoption of the plan is subject to SEQRA review and adoption of the zoning code is subject to SEQRA review. COUNCILMAN MONAHAN-So it's really been through it except to say does the produce stand have anymore impact than what we've already allowed there, am I correct in saying that? EXECUTIVE DIRECTOR, MR. MARTIN-That's basically correct. COUNCILMAN MONAHAN-I still say the answer to one is no. EXECUTIVE DIRECTOR, MR. MARTIN-The consensus on that? SUPERVISOR CHAMPAGNE-I agree. COUNCILMAN PUL VER-I agree. COUNCILMAN TURNER-Yes. EXECUTIVE DIRECTOR, MR. MARTIN-Two. Will there be an effect to any unique of unusual land forms found on the site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Three. Will proposed action affect any water body designates as protected? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Will proposed action affect any non-protected existing or new body of water? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Five. Will propose action affect surface or groundwater quality or quantity? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Six. Will proposed action alter drainage flow or patterns, or surface water runoff? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on air. Will proposed action affect air quality? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impacts on plants and animals. Will proposed action affect any threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Will proposed action substantially affect non-threatened or non-endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on agricultural land resources. Will proposed action affect agricultural land resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Eleven. Impact on aesthetic resources. Will proposed action affect aesthetic resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on historic and archaeological resources. Will proposed action affect impact any site to structure of historic, prehistoric or paleontological importance? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on open space and recreation. Thirteen. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Fourteen. Will there be an affect to existing transportation systems? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on energy. Will proposed action affect the community's sources of fuel or energy supply? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Noise and odor impacts. Will there be objectionable odors, noise, or vibration as a result of the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on public health. Will proposed action affect public health and safety? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Impact on growth and character of community or neighborhood. Will proposed action affect the character of the existing community? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. MARTIN-Nineteen. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? TOWN BOARD-No. SUPERVISOR CHAMPAGNE-I will close this public hearing. Are we ready to vote: PUBLIC HEARING CLOSED RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 1,1996 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF, ENTITLED, "ZONING." RESOLUTION NO.: 223,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a Local Law which would amend the Code of the Town of Queensbury, Chapter 179 thereof entitled, "Zoning," and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Parts II and III of the said Full Environmental Assessment Form and indicate thereon that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Full Environmental Assessment Form, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Executive Director is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ENACT LOCAL LAW NUMBER 1, 1996 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF, ENTITLED "ZONING." RESOLUTION NO. 224, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled, "Zoning," to amend certain provisions thereof, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on May 20, 1996, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 179 thereof, entitled, "Zoning," to be known as Local Law Number 1, 1996, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: Mrs. Goedert ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-I sat in the audience when the transient merchant thing was going through the Town Board and Town of Queensbury and most of you people were sitting on this board at that time. It concerns me a great deal that we would pass a Zoning Ordinance, Law, whatever you want to call them and because it doesn't accommodate a certain group whether it be produce, or whether it be Mr. Quinn's one week thing up on Route 9, that we change the law. Why did we not change the law to allow Mr. Quinn to do his one week business up on Route 9 without charging him $500.00 a day. The fact of the matter is, I know a lot of people in this area and they sell produce from their house that they grown on that property. COUNCILMAN TURNER-They can. COUNCILMAN GOEDERT-They can. COUNCILMAN MONAHAN-That's a separate issue. COUNCILMAN GOEDERT-If you want to sell it as a business then you go into a business. We got all these complaints about tents sale. We get all these complaints about somebody selling CD's up on Route 9, it's all the same thing. It's produce verses CD verses whatever, it's all the same thing. It's fine if they want to sell the produce that they grow on their property at their house. What we're allowing is a business to start running out of a tent in the areas that we want to allow it to happen except when we don't want something that we want run out of a tent, we have been with the five hundred dollar a day license fee to do it that's wrong. HOLLY COON-Does the grandfathered clause mean anything. I got my permit back nine years ago it's under Holly Coon. You guys said, shut down so I shut down and you opened me back up that same summer, and said no other merchants would ever be allowed to come in. Next thing I know the whole neighborhood started flourishing with them, I didn't understand that. But for that reason in the paper last year you worded that you wanted to shake the bugs out of the justice system. I'm one of those bugs, and I'm not a bug, and I'm very proud of what I do, and you came right in and you took it from me last year, and that was my only income, that's the only trade I ever had. I think it was unfair, I never had a chance to speak and it went right down. SUPERVISOR CHAMPAGNE-I think one of the things that's happened is Jim, correct me here. We do have the Farmers Market, I'll use that for an example. Through this cooperative venture of the Farmers Market they've been able to exist. EXECUTIVE DIRECTOR, MR. MARTIN-That's correct. SUPERVISOR CHAMPAGNE-Is there a fee for that or no? EXECUTIVE DIRECTOR, MR. MARTIN-No, they are non-profit. SUPERVISOR CHAMPAGNE-Those same folks in the Farmers Market as I understand is being managed and supervised out of Scotia or Schenectady. EXECUTIVE DIRECTOR, MR. MARTIN-The one I know is Paul Arnold is out of Argyle. SUPERVISOR CHAMPAGNE-Anyway it's out of the community. MRS. COON-My Corinth Road stand in the beginning used to sit right across from McDonalds Road the first three years. I rented there, I moved. I went down the street and I had permission from Mr. Liapes and I've been there every since. Nothing has really ever gone wrong in any of my stands. SUPERVISOR CHAMPAGNE-Never an accident, traffic problems? MRS. COON-A long time ago there was an accident. It was about nine years ago a man named Lopez was going down through and was looking at one of my girls in a bikini that's actually what he told the police officer. That's was the only accident I ever had with any of my stands and that was the day the police said, you've got to shut down and get a permit. I came right up here to a lady named Betty, I believe in the office that used to be over there, she gave it right to me. MR. COON-We've had a surety bond was the last nine, ten years. MRS. COON-With McPhillips Insurance Company. MR. COON-They have the bond. We've done everything we wanted us to do and then all of a sudden this come out.... COUNCILMAN PUL VER-I personally shop at the Corinth stand to get my produce I've never seen any problems going on there. COUNCILMAN GOEDERT-I don't have a problem with you selling produce that' not my complaint here. My complaint is that we represent all of them. A gentlemen sat here early that did the same thing before and we shut him down now we charge him five hundred dollars a day to his one week business. EXECUTIVE DIRECTOR, MR. MARTIN-I think there are apples and oranges here. COUNCILMAN GOEDERT-There are no apples and oranges. Selling from a tent Jim is selling from a tent. EXECUTIVE DIRECTOR, MR. MARTIN-Those people who sell at that tent come from all over the northeast potentially even the country and are only here one week the merchants may change even from year to year. This individual is there permanently it is the same individual year in year out. She is much more like a permanent business than she is a transient business. COUNCILMAN GOEDERT-I'm not talking about their business. Do we control was stores goes into a mall and where they come from? EXECUTIVE DIRECTOR, MR. MARTIN-No, but they are subject to site plan review. COUNCILMAN PULVER-And that's a business. COUNCILMAN MONAHAN-The transient merchants was never intended to deal with produce stands it wasn't the point of it. EXECUTIVE DIRECTOR, MR. MARTIN-We've had a lot of complaints about mattress sales coming off of trailers and furniture sales. COUNCILMAN MONAHAN-People had no way to get.... EXECUTIVE DIRECTOR, MR. MARTIN-I'm sure if somebody has a problem with a poor tomato or something that's over ripe or an ear of corn that's gone bad they can bring it back to you and they can get it replaced. Where if somebody buys a piece of furniture off the back of a tractor trailer truck that's here one day and they take it home and it falls apart that trailer is gone and they have no recourse. COUNCILMAN MONAHAN-Or a five hundred dollar sewing machine or the guys who do some of these other scams around town and a few things like that. EXECUTIVE DIRECTOR, MR. MARTIN-The other thing is we had a business like the CD'S Sale and a lot of people asked about that last year. He was allowed to stay there because technically he was a tenant in that plaza and had a lease to that effect and that's why he wasn't covered under the transient merchant. He was viewed as any other permanent business that has any other lease in any other strip mall in town. COUNCILMAN TURNER-These guys will sneak right in here on Sunday with a big truck with a load of furniture in it and go right down through the subdivisions and sell couches, and chairs, whatever they have on board. COUNCILMAN PULVER-We don't have to try and convince Connie we just have to answer the questions.... COUNCILMAN TURNER-I'm not trying to convince her I'm just telling her the what's happened. COUNCILMAN GOEDERT-The fact of the matter whether it's a couch or a tomato.... EXECUTIVE DIRECTOR, MR. MARTIN-Where it is a difference is like I said, she is here every year day in and day out. Like I said, if somebody does have a problem with the product she sells she will back it up. Whereas the tractor trailer truck that's selling the furniture and goes through town that person has no recourse. COUNCILMAN GOEDERT-It's not our job to write the policy of buyer beware, Jim. EXECUTIVE DIRECTOR, MR. MARTIN-That's the reason there is bond in the Transient Merchant Law so there is some recourse so if somebody gets a poor product sold to them they have a bond they can supposedly call on if they the merchandise proves to be defective. COUNCILMAN PULVER-This is an amendment to the Zoning Ordinance if Ms. Coon wants to come in and open her stands this year she has to go through site plan review. EXECUTIVE DIRECTOR, MR. MARTIN-I've already talked to Lee about it. COUNCILMAN PULVER-She doesn't have to go every year. EXECUTIVE DIRECTOR, MR. MARTIN-Actually it is going to lessen the cost to them it will be a one time, I think it's a twenty-five dollar application fee for site plan review. Once she has that that's good year in and year out. MR. BREWER-That's similar to what Garden Time did over to Price Chopper. EXECUTIVE DIRECTOR, MR. MARTIN-Exactly. It is very similar to what Mr. Monsour did after some controversy that was handle through site plan review. SUPERVISOR CHAMPAGNE-Okay, are we ready, let's do it. VOTE TAKEN HEARING - UNSAFE STRUCTUREIHARLEY JAMES OPENED 8:09 P.M. DIRECTOR OF BUILDING AND CODES, MR. HATIN-The structure dealing with Harley James is an old issue before this board. This was dealt with back in 1992, 1993, by the previous board. At that time it went through the thirty to sixty day notice period, but there was never any formal resolution after that period due to the lack of the owner of the property not being able to be located. Paul Dusek had never moved it forward since that date. I talked to Jeff Friedland at Mark's office and he suggested that after we researched this out that we go through the formal procedure again because it's been almost three years. We can start the notification proceedings again, also this time try to legally serve the sister who owns the property at the end of the thirty, sixty day time frame. If she does not appear or have any comment then the board can move ahead with demolition of the structure if they so chose. COUNCILMAN PULVER-Dave why have it been over three years? DIRECTOR OF BUILDING & CODES, MR. HATIN-I've been in Paul Dusek's office every month for three years trying to get this to the end result.... COUNCILMAN GOEDERT-Is this the property west of VanDusen, but east of West Mountain. DIRECTOR OF BUILDING & CODES, MR. HA TIN-It would be just east of Inspiration Park on the opposite of the road. COUNCILMAN GOEDERT-It has the plywood, it would be on the right hand side going towards Corinth? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. We're asking the board tonight to start the sixty day time clock again. At the end of sixty days I will bring it back to the board for a resolution to demolish the structure if you so chose. SUPERVISOR CHAMPAGNE-Any discussion? COUNCILMAN GOEDERT -Have you had it boarded up for the three year span? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. The kids got into it last fall and we boarded it back up again. COUNCILMAN MONAHAN-I just want to say in this resolution there is a part that has parenthesis around it. TOWN COUNSEL, MR. SCHACHNER-That's what I was about to address if I could Fred. There is a part that has brackets around it and that is simply because we need some policy direction from the board. Under State Law and the Town Code we can take the step of demolition without securing any court approval or anything else we're allowed to take that step. It's previously been discussed with the Town Board whether you want to have a court order authorizing that demolition that's entirely up to the Town Board. Betty what's in the brackets would state that we wouldn't go and actually do the demolition until we have a court order and that's purely optional it's up to the board whether you want to add that layer in there or not. COUNCILMAN MONAHAN-Isn't that what we normally do Dave? DIRECTOR OF BUILDING & CODES, MR. MARTIN-No. It's always gone through the formal proceeding at the end of sixty days the board has ordered me to demolished structure without the court order. TOWN COUNSEL, MR. SCHACHNER-If you want to stay with that then you should strike not enact a portion of the resolution within the brackets. SUPERVISOR CHAMPAGNE-What's your pleasure? COUNCILMAN TURNER-We didn't do it with Usher did we? DIRECTOR OF BUILDING & CODES, MR. HATIN-No. COUNCILMAN PUL VER-I don't have a problem with it being another sixty days as long as that's all it is going to be. TOWN COUNSEL, MR. SCHACHNER-We have to do that at any case because of the town code provISIOn. RESOLUTION REGARDING UNSAFE STRUCTURE - CORINTH ROAD - MR. HARLEY JAMES RESOLUTION NO. 225, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury has received a report from the Director of Building and Codes, Mr. David Hatin, concerning an unsafe structure located on Corinth Road in the Town of Queensbury bearing Tax Map No. 125-3-2, and WHEREAS, the Town Board of the Town of Queensbury has been advised that notice of public hearing was served pursuant to ~130(16) of the New York State Town Law and Chapter 60 of the Code of the Town of Queensbury, and WHEREAS, a public hearing on this matter was conducted on May 20, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after hearing from Mr. Hatin and after reviewing the documents submitted in connection with this matter and after conducting a public hearing, hereby determines that the structure is currently unsafe and dangerous and determines that the owner(s) of the structure should immediately start to repair or demolish and remove the structure and that the repair and/or demolition and removal shall be completed within sixty (60) days of service of the Notice of this public hearing, and BE IT FURTHER RESOLVED, that in the event that there is neglect or refusal to comply with the order of this Board to repair or demolish and remove the structure located on the property, the Town Board will take action to have the property demolished and removed and to assess all expenses thereof against the real property on which it is located and Town Counsel is authorized to institute a special proceeding, as necessary, to collect the cost of said action, including legal expenses. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None HEARING CLOSED 8:14 P.M. CORRESPONDENCE LETTER TO TOWN BOARD FROM: GEORGE & POLLY WISW ALL DATE: MAY 20TH, 1996 In as much as no decision has been reached by the Town of Queensbury in regards to our offer, as of Monday, May 20th, 1996 we are withdrawing our offer of certain lands for a park. LETTER TO TOWN BOARD DATE: MAY 9,1996 TO WHOM IT MAY CONCERN: I reside at 209 Owen Avenue in Queensbury, NY. I am writing to request some help with the traffic island located at the junction of Owen and Moorwood Avenue in Queensbury. It is my understanding (from discussions with Robert Eddy and others) that this traffic island is owned by the town rather than a private individual. I am writing because the birch tree in the center of this traffic island in now quite dead. I am requesting that this birch tree be removed and that it be replace with another tree. Since the birch tree did not thrive in this setting I would request and alternative, and I would suggest a shade tree such as a sugar maple. I have raked, mowed and fertilized the lawn on this traffic island and have recently planted some day lilies at the corners of the triangle. I would greatly appreciate it if could spread some topsoil and grass seed on the bare areas where grass is not growing. Thank you for your consideration. Craig A. Emblidge LETTER FROM VILLAGE OF FORT EDWARD DATE: MAY 9,1996 Dear Supervisor Champagne: On behalf of the Village of Fort Edward and myself, I would like to express my gratitude to the Queensbury Water Department for their continued support in assisting our village with its efforts in improving our water treatment facility. Recently, the member of the water department helped me establish a respiratory program which was under order by New York State. While requiring a program be in place, the state does not advise how to go about seeking information for the established of this program. I contacted the Queensbury Water Department and assistance was given. Also, on Wednesday, May 8, members of the Village's Water Committee visited Queensbury to see the lagoons and drying beds that are used in your water treatment system. Fort Edward is currently investigating a similar method, and seeing what is required is much more effective that verbalizing. Again, many thanks to your water department staff. They have always been very cooperative and willing to assist us in whatever our needs. Very truly yours, Ray Lacque Water Superintendent DISCUSSION HELD SUPERVISOR CHAMPAGNE-At this point I'd like to ask the board if! may to give me the privilege of making a statement which is part of one of the resolutions down here. I'd just like to have a formal poll if I may do that, Betty? COUNCILMAN MONAHAN-Yes. SUPERVISOR CHAMP AGNE- Ted? COUNCILMAN TURNER-Yep. SUPERVISOR CHAMPAGNE-Connie? COUNCILMAN GOEDERT -Fine with me. SUPERVISOR CHAMPAGNE-Carol? COUNCILMAN PULVER-It's fine with me. SUPERVISOR CHAMPAGNE-I would like to ask the board to reconsider the taping of workshops and having the Town Clerk summarize the minutes. I personally feel the issue of taping or not taping the workshop is at a negative impact on the perception of the town government relationship with the citizens as is projected by the Post Star. I am convinced that we in government must send a signal to the community that we do promote positive communications with our public. In my mind this is really not an issue to continue to do battle, but rather an issue that we can put to bed to allow us to move forward and work together as a town. It is my plan to build a positive image between government and the community. To promote our town to the outsiders interested in locating here especially business and industry that may otherwise locate here. With that read I'd like to move now to the resolutions. Thank you. First of all, before I do that I like to poll the board members and also ask if they have comments. But, again this is how we've been taking action on this issue. So, what's your pleasure Betty? COUNCILMAN MONAHAN-I don't have any problem with it Fred one way or the other. I don't think it's necessary, but if that makes everybody happy it's fine by me. SUPERVISOR CHAMP AGNE- Ted? COUNCILMAN TURNER-I think the request is out there and we certainly we're not going to take the position that the Post Star identified us with. We're going to open the meeting up and we'll put it on tape so they we are. COUNCILMAN GOEDERT-I'll stand strong with my statement as of before it didn't matter to me one way or the other then it doesn't to me now. SUPERVISOR CHAMPAGNE-Carol. COUNCILMAN PULVER-I'm glad. I think it's an excellent idea and I think we're doing the right thing. RESOLUTIONS RESOLUTION OF TOWN BOARD ORDERING DEMOLITION AND REMOVAL OF BUILDING OF WALTER LAPOINT RESOLUTION NO. 226, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury, after holding a hearing on March 18, 1996 by resolution no. 149,96, determined that upon reviewing all available information, that the building owned by Walter LaPoint and located on property identified as tax map no.: 121-2-16.2, located at the corner of Pasco and Sherman Avenues, appeared to be unsafe and dangerous, potentially an object of attraction and a danger to minors, unfit for the purposes for which it may be lawfully used and irreparable, and further ordered that the building be demolished, and in the event that the resolution of the Town Board was not complied with, that the Town Board would take action to have the property demolished, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that there has been a refusal or neglect of the property owner of that property bearing tax map no. 121-2-16.2 to comply with the order of the Town Board of the Town of Queensbury and the Town Board hereby authorizes the demolition and removal of the building by either Town employees or by contract, except that should the cost of demolition or removal exceed $7,000., the same shall be awarded by competitive bidding, and commencement of a special proceeding by Town Counsel, if necessary, to collect the costs of demolition and removal, including legal expenses, and BE IT FURTHER, RESOLVED, that all expenses incurred by the Town in connection with the proceedings to demolish and remove the unsafe building, including the cost of actually removing the building, shall be assessed against the real property in which such building is located, and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of special ad valorem assessments, and BE IT FURTHER, RESOLVED, that the Director of Building and Codes Enforcement is authorized and directed to take such further steps as may be necessary and appropriate to accomplish demolition of the building, so long as the terms and provisions of this resolution are adhered to, and BE IT FURTHER, RESOLVED, that a copy of this resolution shall be sent by certified mail, return receipt requested, to the property owner. Duly adopted this 20th day of May, 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 GOEDERT -Questioned whether this will be bid? TOWN COUNSEL, MR. SCHACHNER-Only if it is in excess of $7,000, I believe. DIRECTOR OF BUILDING & CODES, MR. HATIN-Asked the board if he should get three bids? TOWN BOARD-Yes. COUNCILMAN MONAHAN-Questioned if a contractor is demolishing a building by the order of the town does he have to pay posted job rate? TOWN COUNSEL, MR. SCHACHNER-To check this. RESOLUTION AUTHORIZING NIAGARA MOHAWK POWER CORPORATION AND NEW YORK TELEPHONE COMPANY, INC. TO LOCATE A GUIDELINE/ANCHOR TO SUPPORT TELEPHONE POLE ON TOWN PROPERTY RESOLUTION NO.: 227,96 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Niagara Mohawk Power Corporation and New York Telephone Company, Inc., are requesting permission to locate a guideline/anchor to better support pole #16-2, said guideline/anchor to be located on Town property on the east side of Gurney Lane Road at the Gurney Lane Recreation Area, Tax Map No.: 32-1-32.3, and WHEREAS, Niagara Mohawk Power Corporation and New York Telephone Company, Inc., have advised that the placement of the guideline/anchor will improve service, and WHEREAS, a form has been presented at this meeting regarding the placement of the guideline/anchor, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Niagara Mohawk Power Corporation and New York Telephone Company, Inc., to place a guideline/anchor to pole #16-2 on the property aforedescribed for the purpose of improving service, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the form presented at this meeting, and any and all documentation necessary to allow the placement of the guideline/anchor. Duly adopted this 20th day of May, 1996 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: Mrs. Goedert ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Noted Niagara Mohawk would like to anchor with a guidewire a pole that's existing there now, noting he doesn't see any problem with this. It's out of the way and clear of kids, vehicles, recommended this. COUNCILMAN GOEDERT-Questioned how does a guidewire give us a purpose for improving services. DIRECTOR OF PARKS & RECREATION, MR. HANSEN-Noted there was one done a number of years ago with New York Telephone same type of circumstances. RESOLUTION TO INSTALL STREET LIGHT ON SWEET ROAD RESOLUTION NO.: 228,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of a street light on Sweet Road in Queensbury, one pole east of the bike trail, NOW, THEREFORE, BE IT RESOLVED, that the following street light be installed: One (1) 150 watt sodium street light at Pole #NM 15 on Sweet Road, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all necessary arrangements for such installation through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said light shall be paid for as a general Town charge. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION (RESTRICTING OR AUTHORIZING) USE OF TOWN PROPERTY BY TOWN BOARD MEMBERS RESOLUTION NO. 229, 96 (RESOLUTION WITHDRAWN) INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert DISCUSSION HELD Discussion held regarding Town Board use of Town property, after further discussion it was the decision of the Town Board to withdraw this resolution. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PLANNED UNIT DEVELOPMENT (PUD) EXTENSION REQUEST FOR HUDSON POINTE, INC. TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 229, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain property lying and existing within the Town of Queensbury bearing Tax Map No.: 148-1-3 and located in the vicinity of 777 Corinth Road, Queensbury, New York 12804, is currently zoned SR-IA (Suburban Residential-l Acre), and WHEREAS, ACO Property Advisors, Inc., hereinafter referred to as the "Developer" has requested that the Town of Queensbury change or modify the zoning for such property to allow the development of a multi-faceted project, including enactment of an extension of the Hudson Pointe Planned Unit Development (PUD) zoning district in such a manner that the above-referenced parcel would be included in the PUD, and WHEREAS, the Town Board of the Town of Queensbury feels that it would be appropriate to consider modification of the zone in the area to allow the project, provided that the same is zoned and in a configuration to be deemed appropriate by the Town Board and developed as an addition or extension to the Planned Unit Development, in accordance with the provisions of the Town of Queensbury, Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby refers the PUD extension proposal as identified above to the Planning Board for input and comments from that Board, and directs the Executive Director of the Office of Community Development to submit a copy of this resolution and all of the appropriate PUD extension application materials to the Planning Board for its review. Duly adopted this 20th day of May, 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-Questioned if this changes the scenario on the neighboring neighbors? EXECUTIVE DIRECTOR, MR. MARTIN-Noted as a practical matter probably not. In terms of how this is treated in the official zoning map of the town it actually matters quite a bit. This would be an extension of the PUD of Hudson Point rather than taking this one specific lot and seeking a neighborhood commercial zoning district designation on it with so many restrictions that it basically resembles what's allowed in the PUD. Noted this was his recommendation from the beginning that this is the way this should proceed. It was the choice of the developer to proceed with a rezoning that you saw previously up to this time. This is a cleaner and neater way of handling this it really reflects what is actually going on with what they are proposing to have happen with this one parcel. COUNCILMAN GOEDERT-Noted her concerns that the Browns rights be protected. EXECUTIVE DIRECTOR, MR. MARTIN-I remember our concern expressed if this was not handled at the Town Board level you could lose touch with it, this is keeping it with the Town Board. You'll have the benefit of a Planning Board recommendation on it. It will come back to the Town Board after the Planning Board is finished with it and the ultimate decision rest with this board. COUNCILMAN MONAHAN-Noted the board could put in as part of the PUD any conditions that are necessary in order to protect the neighbor and protect the locality. EXECUTIVE DIRECTOR, MR. MARTIN-Through this process it is also subject to a public hearing once it comes back to the board. RESOLUTION HIRING TEMPORARY LABORER IN WATER DEPARTMENT RESOLUTION NO. 230, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Water Department is requesting authorization to hire summer help, and WHEREAS, Michael Coon seeks to be hired by the Water Department as a temporary laborer for the summer, and WHEREAS, the Water Superintendent has recommended that Mr. Coon be hired at the prevailing labor rate of $8.42 per hour, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Water Superintendent to hire Michael Coon as a temporary laborer for the summer at the usual and customary prevailing labor rate of $8.42 per hour, said salary to be paid for from the appropriate, budgeted account. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND FOR HUDSON RIVER PARK RESOLUTION NO.: 231,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 181.96, previously authorized a recreation project for Hudson River Park in the amount of $163,225 for said project, and the withdrawal and expenditure from a Capital Reserve Fund known as a New Recreation Facility Capital Construction Account to fund the said Capital Project Fund, and WHEREAS, the Resolution was made subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the State of New York, and WHEREAS, the Town Clerk of the Town of Queensbury has advised that she has posted and published Notice of the aforesaid Resolution, and that the same was adopted subject to a permissive referendum, and that more than thirty (30) days has elapsed since the adoption of said Resolution and no Petition has been filed in accordance with Article 7 of the Town Law of the State of New York, and WHEREAS, the Town Board is desirous of establishing a Budget for the newly created Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations in the said Capital Project Fund in the amount of $163,225 and the Town Board establishes an estimated revenue for said Project Fund to come from the Capital Reserve Fund known as the New Recreation Facility Capital Construction Account, in the amount of $163,225, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the funds appropriated from the aforesaid Capital Reserve Fund be used to establish appropriations in the said Capital Project Fund by establishing the following accounts and appropriating funds to the same in the amounts indicated below: 1. 2. Misc. Contractual 107-7110-4400 - Capital Construction 107-7110-2899 $ 32,000. $131,225. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to transfer funds and take all action that may be necessary to effectuate the terms and provisions of this resolution. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION ESTABLISHING PETTY CASH FUND RESOLUTION NO.: 232,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Facilities Manager has requested the establishment of a petty cash fund in the amount of $100 for use by the Building and Grounds Department for the payment in advance of audit, of properly itemized and verified or certified bills for materials, supplies and/or services furnished to the Town of Queensbury for the conduct of its affairs, and WHEREAS, such petty cash funds are provided for under ~64 of the Town Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the establishment of a petty cash fund in the amount of $100 for the Building & Grounds Department for payment in advance of audit, of properly itemized and verified or certified bills for materials, supplies or services furnished to the Town for the conduct of its affairs and upon terms calling for payment to the vendor upon the delivery of any such materials or supplies or the rendering of any such services. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION REQUESTING SPEED LIMIT REDUCTION ON COUNTRY CLUB ROAD RESOLUTION NO.: 233,96 INTRODUCED BY : Mrs. Connie Goedert SECONDED BY : Mr. Theodore Turner WHEREAS, the Town of Queensbury has received a request from citizens in Queensbury that the Town Board of the Town of Queensbury adopt a resolution to lower the speed limit on Country Club Road in Queensbury from 45 MPH to 35 MPH, 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 Country Club 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 20th day of May, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION OF SUPPORT FOR PENDING BILLS IN THE NEW YORK STATE LEGISLATURE RESOLUTION NO.: 234,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has reviewed the following bills currently pending in the New York State Legislature, and WHEREAS, the Town Board wishes to resolve to support some of these bills and to oppose others, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury records its position on the following bills: SUPPORT S5920 and A9419 which would repeal the requirement that Counties within the Adirondack Park pay one-half of the cost of suppressing forest fires on State land. SUPPORT S620 and A2931 which would permit advertising of fuel, food and lodging in kiosks on the Adirondack Northway. SUPPORT S2145 and A3205 which would require notice to municipalities where the property is located prior to purchases of real property by the State of New York. SUPPORT A463 1 which would require the State of New York to establish, operate and fund programs for the disposal of household hazardous waste in an environmentally correct manner throughout the State of New York. SUPPORT A4087 which would require the evaluation of the need for a proposed new solid waste disposal facility before DEC issues a permit for such facility. SUPPORT S6713 and A9639 which would prohibit the Adirondack Park Agency from requiring the removal of non-conforming man-made structures including homes, which have been in existence for more than ten (10) years. OPPOSE S955 which would encourage and fund legal and expert witness fees for citizen lawsuits against businesses and landowners alleging violation of environmental laws. OPPOSE A9242 which would require DEC to investigate and take enforcement action on citizen environmental complaints to DEC within 45 days. OPPOSE A3444 which would require landowners and businesses to prepare expensive environmental impact statements including alleged cumulative impacts as a condition to obtaining a permit to proceed with their projects. and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to forward copies of this resolution to Governor Pataki, Senator Ronald Stafford, Assemblywoman Elizabeth Little, the members of the Senate and Assembly Environmental Conservation Committees, Senator Hugh Farley, Assemblywoman Susan John, Assemblywoman Nancy Calhoun, and Assemblyman Chris Ortloff. Duly adopted this 20th day of May, 1996 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. C Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING INSIDE EDGE FOOTHILLS FROLIC RESOLUTION NO. 235, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Warren-Washington Association for Mental Health has requested permission to conduct an in-line skate fund-raiser, as follows: SPONSOR: HEALTH WARREN-WASHINGTON ASSOCIATION FOR MENTAL EVENT: Inside Edge Foothills Frolic DATE: Saturday, June 1, 1996, 10:00 a.m. PLACE: 9 Mile Course - Beginning at Kensington Elementary School, down Dixon Road to Old Forge Road, to Peggy Ann Road, and down West Mountain Road. Returning to Kensington School via Sherman Avenue, Western Avenue, Coolidge Avenue, and Dixon Road. Skaters choosing the 4.5 mile course will cut across Wintergreen Lane to get to Sherman Avenue, instead of going down West Mountain Road. (Letter regarding location of run attached); and WHEREAS, the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Warren-Washington Association for Mental Health naming the Town as an additional insured party to hold the Inside Edge Foothills Frolic in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Warren- Washington Association for Mental Health to conduct the Inside Edge Foothills Frolic as described above, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent, which approval may be rescinded or which may modify the authorized date. Duly adopted this 20th day of May, 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-Noted that these things are getting a little out of hand. Referred to Item #4, regarding first aid, security. Noted they are wonderful ideas but need to be researched further. Should force the issue with these agencies getting them approved by the volunteers within our Town that we contract for, for services. RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 236,96 INTRODUCED BY: Mrs. Connie Goedert 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: 002-8810-1430 (Labor B PT) 002-8810-1470-0002 (Working Foreman- $ 800. Overtime Earnings) 002-8810-1430 (Labor B PT) 002-8810-1450-0002 (M.E.O. - Overtime Earnings) 700. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-2032 (Computer Software) 01-8020-2031 (Computer Hardware) $ 1,000. 01-8020-4400 (Misc. Contractual) 01-8020-1910-0002 (Office Spec. - Overtime) 100. COMMUNITY DEVELOPMENT (Cont.): FROM: TO: $ AMOUNT: 01-01-3989 (Other Home & Community Ser. - State Aid) 01-8030-4400 (Community Research- Misc. Contractual) $ 6,000. PLANNING: FROM: TO: $ AMOUNT: 001-1990-1002 (Misc. Payroll Contingency) 001-8020-1610-0002 (Planning Assistants, Overtime) $ 3,900. and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: Discussion held regarding Planning Assistants use of overtime. After further discussion it was the decision of the Town Board to have Town Counsel, Mr. Schachner to research matter to report back to board. RESOLUTION AUTHORIZING PURCHASE OF NEW NETWORK FILE SERVER FROM DELL COMPUTER CORPORATION AND TO RETAIN THE SERVICES OF PRESTON COMPUTER SERVICES RESOLUTION NO. 237, 96 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury is desirous of purchasing a new network file server and retaining the services of Preston Computer Services to implement the same and convert the existing server to an off-line back-up server, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves the purchase of a new file server at the State contract amount of $8,908. from Dell Computer Corporation, and further authorizes and approves of the retention of Preston Computer Services to implement the new server and convert the existing server, said services to be as set forth in an Agreement to be approved by Town Counsel, and the Town Supervisor is hereby authorized and directed to execute the same on behalf of the Town, and BE IT FURTHER, RESOLVED, that the cost of the computer shall be paid for from the Computer Hardware Account No.: 01-1680-2100 and the services of Preston Computer Services, in an amount not to exceed the sum of $7,720, shall be paid for from the Data Processing Miscellaneous Contractual Account No.: 01- 1680-4400-1680. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: Mrs. Goedert ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Noted her concern with this type of purchase and the fact that the town is creating ajob for only one computer company, noting she believes the town needs a backup system, but doesn't think we have looked into all the alternatives. SUPERVISOR CHAMPAGNE-Noted he has looked into other alternatives. COUNCILMAN GOEDERT -Questioned the total amount of money paid to Mr. Preston. SUPERVISOR CHAMPAGNE-Will provide information. RESOLUTION AMENDING 1996 BUDGET RESOLUTION NO.: 238,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to save interest costs relating to the purchase of highway machinery financed by Bond Anticipation Note #50, issued pursuant to Resolution No. 190,95, and therefore the Town Board of the Town of Queensbury wishes to retire Bond Anticipation Note #50 rather than issue a renewal Bond Anticipation Note, and WHEREAS, a 1996 budget amendment is necessary to redeem the full amount of Bond Anticipation Note #50, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1996 Budget be amended as follows: 1) Transfer $112,000 from 01-1990-4400, Contingency Miscellaneous, and $500 from 01- 1990-1002, Miscellaneous Contingency, to Account No.: 01-9901-9004, Transfer to Highway; 2) Increase estimated revenues and appropriations in the Highway Fund by $112,500; 3) Increase the budget by $112,500 in the Highway Fund Revenue Account No.: 04-04- 5031 and increase the budget by $112,500 in the Highway Expense Account 04-9730-6030; and BE IT FURTHER, RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. C Champagne NOES: None ABSENT:None RESOLUTION APPOINTING MEMBER TO PLANNING BOARD RESOLUTION NO. 239, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Planning Board pursuant to applicable New York State law, and WHEREAS, there is presently a vacancy on said Board, with the term for said vacancy to expire on December 31, 1997, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. David West to serve as a member of the Planning Board said term to expire on December 31, 1997. Duly adopted this 20th day of May, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None PLANNED DISCUSSIONS ITEMS HUDSON RIVER PARK-DIRECTOR OF PARKS & RECREATION HAROLD HANSEN Discussion held regarding Hudson River Park. Mr. Hansen spoke to the board regarding the planning document. Noted the town needs to move on the agreement with Warren County that was set in process thirty days ago. Need to hire a landscape architect, noted this is very important. We had estimated that we would go through an RFP, maybe we don't need to do this. Estimated what we need to have done with the project breaks down into develop a plan, look at the grant, include a master plan for the park. We need to prepare construction documents, get approved then bid them out, accept them, go through the construction phase. Estimate the landscape architect to be about $9,000. Noted the Commission has talked about this they are in favor of choosing a landscape architect. Have talked with one who we've dealt with, but have not worked with on a formal basis. Questioned if he has to go through the RFP procedure is there any way we can shorten it down? Questioned if the board would allow them to call a number of these people ask them to send back their quotes in fax so this can be moved along? COUNCILMAN PULVER-Noted she doesn't have a problem with that. Would still like to follow the same procedure. COUNCILMAN MONAHAN-Noted it would have to be in formal, would have to get in writing exactly what they have to do. DIRECTOR OF PARKS & RECREATION, MR. HANSEN-Would ask for a turn around time. Noted he would send these to everyone? COUNCILMAN MONAHAN-Questioned if some of the documents could be done in house to cut the cost? DIRECTOR OF PARKS & RECREATION, MR. HANSEN-Once you have the landscape architect someone who is going to look at the plan and say this can work, believes then recommendation could be gIVen. SUPERVISOR CHAMPAGNE-Noted the other project to be done quickly would be the topo map. Questioned if this would be done by VanDusen & Steves? DIRECTOR OF PARKS & RECREATION, MR. HANSEN-Yes. Noted after speaking to a landscape architect feels we need a complete topographic map and survey work to make sure we have delineated the woodland properties that we don't infringe on that. Questioned if a proposal was written up is it something the board would allow? SUPERVISOR CHAMPAGNE-Noted should get an estimate first. COUNCILMAN MONAHAN-Could get an estimate usually authorized by resolution. COUNCILMAN GOEDERT-Questioned when the contract would be ready from the contract? TOWN COUNSEL, MR. SCHACHNER-Thought there was a draft of this already. SUPERVISOR CHAMPAGNE-There is. TOWN COUNSEL, MR. SCHACHNER-If that's the case can work on getting it agreed to. SUPERVISOR CHAMPAGNE-Noted Mr. Hansen to get estimate from VanDusen and Steves for the topo and survey work. Then will go out for an RFP by fax the fastest turnaround. DIRECTOR OF PARKS & RECREATION, MR. HANSEN-To run RFP's by board and Town Counsel. COUNCILMAN PULVER-Noted she would like to see them when they come in. OLD BUSINESS COUNCILMAN PULVER-Noted that the town received the money from FEMMA for the water filters. NEW BUSINESS EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the board regarding the resolution that was passed last week the CVS Project. Noted the resolution made reference to the project occurring on one parcel, it is occurring on a subdivision. TOWN COUNSEL, MR. SCHACHNER-Noted it will require a minor modification to the agreement. EXECUTIVE DIRECTOR, MR. MARTIN-Requested a resolution at the next regular meeting regarding this matter. Spoke to the board regarding the Indian Ridge PUD. Noted it was acted upon by the Planning Board, they gave them a favorable report. It is now ready to come back to the Town Board, it is at the point of needing a public hearing. Believes it will need another public hearing on the zone change request as it is being change. Asked the board to set the public hearing for the last meeting in June. TOWN BOARD-In agreement. EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the board regarding a request from Dave Hatin to carry over one personnel day to be taken on June 10th. TOWN BOARD-In agreement. TOWN BOARD MEMBERS MATTERS COUNCILMAN TURNER-Questioned the board as to what they wanted to do with the issue ofMr. SheloskilMr. Sinclair on the Boulevard? EXECUTIVE DIRECTOR, MR. MARTIN-Looked at all the files on this property and visited the site. It was looked at twice that we have records of in terms of two variances. Each time it appeared to be for the same project. One variance was in 1975 the other in 1982 they never acted upon it and it was approved each time. After the second approval in 1982 they applied for a building permit to do the expansion, but they never acted upon it again the project was never built. It appears that the site is in the same condition it has been in for X number of years. Noted he doesn't think the drainage patterns have been altered. Doesn't see any ground disturbance anywhere any evidence of that occurring in recent times, doesn't think the drainage patterns have change for thirty or forty years. COUNCILMAN MONAHAN-According to the maps filed has there been any extension of the parking lot from what it was originally? EXECUTIVE DIRECTOR, MR. MARTIN-It is indicated as a parking area. After further discussion it was the decision of the Town Board to leave issue as is. COUNCILMAN GOEDERT -Noted construction has begun on Aviation Road near the school. OPEN FORUM PLINEY TUCKER, Queensbury. Questioned Councilman Turner regarding the light on Corinth Road. COUNCILMAN TURNER-Noted he has contacted Niagara Mohawk noting he was told they haven't done anything yet with the lights, but will be moving on it soon. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 240, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract of May 20th, 1996 numbering 96208100 through 96231700 and totaling $489,857.49 is hereby approved. Duly adopted this 20th day of May, 1996, by the following vote: Ayes: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne Noes: None Absent:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 241, 96 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 Regular Session and enters Executive Session to discuss three matters personnel, two matter litigation. Duly adopted this 20th day of May, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 242, 96 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, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Session. Duly adopted this 20th day of May, 1996, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury