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1996-07-01 REGULAR TOWN BOARD MEETING JULY 1,1996 6:30 P.M. MTG#26 RES#280-297 B.H.#16-17 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS JIM MARTIN, KIM HEUNEMANN PRESS POST STAR RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 280, 96 (COUNCILMAN MONAHAN ENTERED MEETING 6:40 P.M.) INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session for the purpose of interviews/comptroller. Duly adopted this 1st day of July, 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. 281, 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 back into Regular Session. Duly adopted this 1st day of July, 1996, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None AbsentNone REGULAR MEETING 7:05 P.M. SUPERVISOR CHAMPAGNE-Opened meeting. CORRESPONDENCE DEPUTY CLERK O'BRIEN-Read following letters into the record. Letter dated June 4, 1996 Dear Supervisor Champagne: I am writing this letter to commend you on your Animal Control Officer, Colleen Kimble. My daughter, Kara, and I had a unpleasant situation with a neighborhood dog in early May. Colleen returned my call promptly, listened patiently to all my concerns and advised me of my options. She also reassured me by verifying the dogs rabies shots were up to date. Ms. Kimble set up a time and place to meet that was convenient to me. She again explained all my options and helped me prepare the official documents. The court hearing was set up immediately and Ms. Kimble gave me a detailed description of what would take place. I was very pleased with the outcome and very appreciative of Ms. Kimbles time and understanding in a difficult situation. Sincerely, Kathi Lalond Letter dated June 25, 1996 Mr. Fred Austin County Superintendent Department of Public Works 161 Main Street Warrensburg, NY 12885 Re: SPEED LIMIT REQUEST COUNTRY CLUB ROAD (CR 66) TOWN OF QUEENSBURY WARREN COUNTY Dear Mr. Austin: In response to your request dated May 23, 1996, we have completed an investigation of Country Club Road, County Route 66, and have determined that lowering the existing 45 MPH speed limit is not justified at this time. The 45 MPH speed limit was established by this office in 1980. In 1992 we conducted a review of this road and denied a request to lower the speed limit at that time. Again, as part of our latest investigation, our radar measurement indicate that the current speed limit is appropriate and should not be lowered. Our methodology in setting a speed limit is based upon nationally accepted standards. Thank you for your interest in traffic safety. If you have any questions regarding this matter, please call Joe DeSorbo of this office at 474-6377. Very truly yours, William E. Logan Regional Traffic Engineer RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 282, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 1st day of July, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone QUEENSBURY BOARD OF HEALTH PUBLIC HEARING SEWER VARIANCE - RUTH & LINDA SHEARER OPENED 7:06 P.M. NOTICE SHOWN RUTH SHEARER & JAY SWEET -QUEENSBURY SEWER PRESENT SUPERVISOR CHAMPAGNE-I understand the request here and my copy reads that were putting in a septic tank that is forty feet from an existing well, seventy feet from a neighbors well, and eighty feet from another neighbors well. The existing well, I take it is your well that you use on a regular basis? MRS. SHEARER-Yes. SUPERVISOR CHAMPAGNE-Is this a deep well? MRS. SHEARER-No it isn't it's a point... SUPERVISOR CHAMPAGNE-It's a shallow well, so to speak. MRS. SHEARER-It's about twenty-eight feet deep. SUPERVISOR CHAMPAGNE-This is really the only location? Jay you've been there and looked at it? MR. SWEET-We've been going over this two months back and forth to see what we could do. I went to Dave and showed him, he said that's the only place you can put it. Everybody signed off except the Christy's. COUNCILMAN TURNER-This puts it ten feet closer to them than it was. COUNCILMAN MONAHAN-No thirty feet. COUNCILMAN TURNER-They took ten off so it's thirty feet closer. SUPERVISOR CHAMP AGNE- Thirty feet closer than your original septic? COUNCILMAN TURNER-Yes. COUNCILMAN MONAHAN-It was seventy feet from Theresa Christy's residence and now as I read it, it will only be forty feet from..... BOARD-No. COUNCILMAN MONAHAN-It says forty feet from their existing well meaning the Shearers. SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN MONAHAN-And seventy feet from the Theresa Christy residence that's what there now. Oh excuse me. It was a hundred feet before and they are bringing it down to seventy apparently. I did this backwards, excuse me. SUPERVISOR CHAMPAGNE-They too, have a point shallow well? MRS. SHEARER-Yes. We're like lateral to them. We're not up behind them and everything drains towards the lake. MR. SWEET-They are on both sides. In other words one is over here, ones over there. SUPERVISOR CHAMPAGNE-Does the board have anymore questions? COUNCILMAN MONAHAN-Is it possible to redo the system they have right now by bringing in new soil, etc? MRS. SHEARER-That's what I thought would happen when I called Jay the first of April. I didn't know anything about the variances or anything. MR. SWEET-What they've got there is a tank and it is a leachfield. Now if we go, you know start from that leachfield you are going to start right from the same place you are going to have the same distance. It's a leachfield that runs out, all it is, is a pile of stone down at the end of the road. They are right on the edge of the road they've got to be thirty-five feet from center of that road to that drywell that is illegal right now. That's a leachfield from the tank going out so that's all drainage. It's the same distance that's been there for years where the leachfield is. We've checked it all over there is nothing else she can do. She can't keep pumping this out every week she can't afford it. COUNCILMAN TURNER-The tank has failed or the leachfield? MR. SWEET-The tank is excellent it's a concrete tank. COUNCILMAN TURNER-So the leachfield has failed. COUNCILMAN MONAHAN-Can you dig that leachfield up and bring fresh gravel in there in order to put the leachfield back in proper condition. I suppose nowadays you run lines and stuff wouldn't you Jim, I don't think you would allowed to do the rock and stuff. EXECUTIVE DIRECTOR, MR. MARTIN-As I understood it the solution was a seepage pit Jay instead of a leachfield? MR. SWEET-Right. It's the only place we can put it. EXECUTIVE DIRECTOR, MR. MARTIN-It is essentially a drywell Betty they are calling for instead of a leachfield. MR. SWEET-It is not a tank it's a drywell. EXECUTIVE DIRECTOR, MR. MARTIN-As I understood it, Dave explained it to me. You've got your new site that you are proposing or you could put it back in the old one if you wanted to. MR. SWEET-We would have to go all through this again because we would have to get a variance. EXECUTIVE DIRECTOR, MR. MARTIN-They could approve it either way tonight is what I'm saying. MRS. SHEARER-That's what I thought they would do when I first called. SUPERVISOR CHAMPAGNE-Just replace the leachfield. MRS. SHEARER-It might be thirty-five feet from that road. MR. SWEET-Not where that driveway is. EXECUTIVE DIRECTOR, MR. MARTIN-If you leave where it is it keeps it in a sub-standard distance from the Rosencrans well. But if you move it to the proposed location it improves that but then makes it closer to Christy. MRS. SHEARER-And mine. MR. SWEET-We're closer to the one on the right cause that way it only brings it about fifty, sixty, feet. MRS. SHEARER-She has a drilled well and it's over two hundred foot deep. COUNCILMAN MONAHAN-That doesn't mean a thing because you don't know how the rock is or how the formation. If you talk to guys in this stuff you don't know where water flows because it depends upon clay, cracks, and rocks. The fact you've got a default it doesn't mean it is any less to acceptable to contamination. SUPERVISOR CHAMPAGNE-What we're looking for is a cost effective way to get a situation...... COUNCILMAN PULVER-Jim this seems like the best solution as far as your concerned? EXECUTIVE DIRECTOR, MR. MARTIN-You only have two alternatives really. To leave it the way it is in that location or move it. COUNCILMAN MONAHAN-I'm just wondering Jim if this isn't one and we've done this in the past where we need to get a soil expert in here to look at this. I don't think any of us have the expertise to make sure how things are flowing which way. It would probably be at the applicants expense that you get a person in like, Fred Dante, I think it is or that type. SUPERVISOR CHAMPAGNE-Why couldn't Charlie Maine do something like this? COUNCILMAN MONAHAN-I don't know whether that's Charlie's expertise or not. COUNCILMAN TURNER-What do you want him to do? COUNCILMAN MONAHAN-They will check the way the water runs and stuff like that. MRS. SHEARER-We're above the lake and everybody says that the water runs towards the lake. COUNCILMAN MONAHAN-What everybody says isn't always what holds out. SUPERVISOR CHAMP AGNE- This is a thousand feet from the lake? MR. SWEET -From the lake, yes. COUNCILMAN MONAHAN-I'm down seventy-five feet and down home they are down three hundred fifty feet. When you talk around the lake they don't necessarily run the way you think they are going to run. MR. SWEET-The one next door their well is over on the corner, but her drywell and tank is only forty feet away from her well. EXECUTIVE DIRECTOR, MR. MARTIN-It's awful tight in there. MR. SWEET-There is no other place. I don't know what the hell they are going to do. SUPERVISOR CHAMPAGNE-The question right here before us now is would it be a better installation if we go back to the leachfield or are we benefiting by putting in the seepage pit, drywell. MR. SWEET -Okay Fred, now. Today to put the leachfield in we've got to have how many bedrooms, two. You've got to get a hundred and forty-five feet of leachfield in there which we can't do, see you changed the law. There is no way and if I start from the tank I'm going to be the same distance from that well with a leachfield as I am with a drywell. COUNCILMAN TURNER-How far do you have to go from the tank to the drywell? MR. SWEET-Thirty feet, twenty-five feet maybe. We're going out of there and coming back the other way. We can't go back towards the road. COUNCILMAN MONAHAN-You've got a problem there because you've got a neighbor that this is really going to impact and they have not signed off. If our decision ends up with contamination of that well.... SUPERVISOR CHAMPAGNE-We're going to buy them the new house.... COUNCILMAN MONAHAN-You bet your life you will. MRS. SHEARER-The thing has been leaking for two years I'm told. I've been there three years the house was empty four years before I bought it. It has been leaking and smelling down in my front corner of my lawn for two years that I know of. SUPERVISOR CHAMPAGNE-We want to be able to do it. I think the answer here is we've got to get it done. MRS. SHEARER-Now when we drain the bath tub or take a shower we can look out the living room window watch it bubble right up. SUPERVISOR CHAMPAGNE-Amen, we've got to do something. Everything you've been telling us so far he is suppose to be up there closing the place down. MR. SWEET-That's why I've been keeping it pumped so it wouldn't run over. MRS. SHEARER-These Christy's, if push comes to shove they are up here ten weeks out of the year. COUNCILMAN GOEDERT -Is this a year round residence? MRS. SHEARER-Mine is. COUNCILMAN PUL VER- The other one isn't. SUPERVISOR CHAMPAGNE-What do you think there counsel? TOWN COUNSEL, MARK SCHACHNER-There is a trade off here as we can recognize one neighbor might benefit, one might be impacted. It's up to the board it is a discretionary call. You are the people the authority to grant the variance. COUNCILMAN MONAHAH- That's why I think you need a soil expert that has some more knowledge of this than we do. None of us has the expertise or the knowledge to decide what the impact would be of our decision. COUNCILMAN GOEDERT-Jim what's the alternative here? Maybe I should ask Jay. What's the alternative if it goes back in the same spot the care it would take to bring that so that you could use it and that it would be working properly? MR. SWEET-What it is they come out of the tank they are in a leachfield then at the bottom down there, I don't know what it is rocks, drywell or whatever it is, but it runs down there and runs over the side of the road. COUNCILMAN PULVER-There is no way that we can just take the existing septic tank and leachfield and repair it so that it will function or do we have to totally abandoned it? EXECUTIVE DIRECTOR, MR. MARTIN-You would have to put in a new tank MR. SWEET-It is just saturated it just won't go no where. If this water drained away she would never have trouble. If it was going to drain sixty, seventy feet away nobody would ever have any trouble, but it's not. It just runs so far, you know that ground will pack like concrete and it comes to the top so you know it's not draining in nobody's well or nothing. Like I say, if it did she never would have trouble right, the neighbors would. COUNCILMAN MONAHAN-We had a problem with ours we had to put in new drainage lines and get some crushed stone around it and stuff like that. SUPERVISOR CHAMPAGNE-Just as you start improving whatever you've got to improve you've got to meet these standards anyway, right? COUNCILMAN MONAHAN-But, they could get a variance from that also because that would be.... MR. SWEET-This woman can't wait two more months for variances it's costing a $130.00 a week now. I mean, I'm giving her a break I'm not charging her that much. COUNCILMAN MONAHAN-I can't take the responsibility of impacting a neighbor like this that won't sign off. I mean, I won't put the town in that kind of position. SUPERVISOR CHAMPAGNE-Is this the first time we ever had a neighbor not sign off? MR. SWEET-She is from Jersey, I mean she won't even come up. We've sent all the paperwork down there and she said, no I don't think so. Her system is only forty feet from her own well. She is just a tough girl from Jersey. MRS. SHEARER-Long Island. MR. SWEET -Long Island, move them back to Long Island. MRS. SHEARER-Like I say, they are only up here nine, ten weeks out of the year. COUNCILMAN TURNER-I would put the seepage pit right in the same place that exist now. Dig the soil all out bring in new soil and put new crush stone in there and let them come out of the septic tank into that pit. SUPERVISOR CHAMPAGNE-Right in the area where the...... COUNCILMAN TURNER-Right where it exists now you are not impacting anybody it's been there. COUNCILMAN MONAHAN-If it's just rocks doing that you would bring it into the new type of a dry tank wouldn't you? COUNCILMAN TURNER-Oh no, you would put a tank in there. COUNCILMAN MONAHAN-Put the tank in put the new soil in and the new crushed stone around it. COUNCILMAN MONAHAN-So it can have some place to move, too. COUNCILMAN TURNER-It's better doing it that way than it is to infringe on the neighbor that doesn't want to sign off. COUNCILMAN PUL VER- Take the leachfield out that's there. Run a new line from the tank to the new septic pit.... COUNCILMAN PULVER-You are still going to need a variance. COUNCILMAN TURNER-We can do that. Put crush stone around it and let it seep out. COUNCILMAN MONAHAN-And new soil you would have to have new soil. COUNCILMAN TURNER-Take the contaminated soil it is probably plugged with grease. COUNCILMAN MONAHAN-I found that old fashioned detergents would do that. MR. SWEET-I have a problem where am I going to get rid of it? This is why we had so much trouble digging around the old drywells. These drywells are perfect some of them are eight foot. COUNCILMAN MONAHAN-Jim he said where can you get rid of the dirt and all that stuff take it to the sewage system? EXECUTIVE DIRECTOR, MR. MARTIN-I believe you can. I believe they burn it off down there? MR. SWEET-Nobody will take it. EXECUTIVE DIRECTOR, MR. MARTIN-They don't incinerate it down there? MR. SWEET-Where? EXECUTIVE DIRECTOR, MR. MARTIN-Down to the Glens Falls Plant? MR. SWEET-I have no idea. It's sewage, it's not oil it's sewage sludge, I've got to take it to Albany. You know what it is Jim, I know there is no sludge down there the water runs from the tank down. The only thing we've ever seen was clear water running out so what it is it's still saturated. It is still sewage when you dig that out I've got to get rid of that stuff and we have a hell of a time. MRS. SHEARER-Anybody want to buy a house. Last sununer, I spent eleven hundred dollars on the well and now this summer... SUPERVISOR CHAMPAGNE-We're going to get through it one way or the other. COUNCILMAN MONAHAN-There obviously must have to be some place to dispose of it because I know of other people that have had to do it. COUNCILMAN GOEDERT -Do we have any response from the homeowner that wouldn't sign off? Any letter, comment? MR. SWEET-No. MRS. SHEARER-They are down there at the cottage right now and she spoke to Mr. Hatin and he gave her options. He said if you don't show up or if we don't get a letter that means you accept it. COUNCILMAN MONAHAN-That's not true because you have a formal thing that they sign that they have no problem with this. MRS. SHEARER-I sent that to her in April. I waited three weeks for her to send it back and she never did. COUNCILMAN MONAHAN-Maybe she has a problem that's why she hasn't sent it back. MRS. SHEARER-She had several conversations with Mr. Hatin and she told him she was having her druthers about signing this. He told her that we could go ahead and put in the application and she would be notified about the meeting. Her options were if she wanted to say some more against it she could show up here tonight or she could write a letter. COUNCILMAN MONAHAN-This is one if you noticed Dave wouldn't make a recommendation on if you notice. COUNCILMAN GOEDERT-You've got to make the bad ones along with the good one. If you want me to listen to you when it's a good recommendation you better give the bad ones. MR. SWEET-What we could do Jim where the tank is we were going to come back this way. What we can do is go from the tank down towards the road and leave it on top of the hill in the center than we won't be getting any of that stuff. The only stuff that will be in there is where the drain field is. EXECUTIVE DIRECTOR, MR. MARTIN-How far of a run is it now? MR. SWEET -How far is that tank from the edge of the road forty feet? MRS. SHEARER-At least. MR. SWEET -If I can come away from, I can't put it there anyway where the old one is because it's illegal. They are not thirty-five feet from the center of the highway. If, I let it come back this way a little on top you would still be further away from her well. COUNCILMAN GOEDERT-Jim what are Dave's comments on this? EXECUTIVE DIRECTOR, MR. MARTIN-He said it would work either way to put it where it is now or to move it. He felt like everybody else is feeling right now. If you put it one place you are impacting one well. If you put it the old place you are going to impact another well in terms of the separation distance. If I had to chose tonight, I would go with the old location because it is what everybody in the neighborhood is accepting of and used too. COUNCILMAN TURNER-That's exactly what I'd do. SUPERVISOR CHAMPAGNE-Can you get by with that guy? MR. SWEET-Yeah. EXECUTIVE DIRECTOR, MR. MARTIN-From what I understand it keeps a conforming distance between the location and the persons well who wouldn't sign off, it would keep it at a hundred feet. SUPERVISOR CHAMPAGNE-I think that's your way out. MR. SWEET-If we can get it down in that area that's no big deal. I can start from the tank either way. I was going back the other way, but I can go towards the road. EXECUTIVE DIRECTOR, MR. MARTIN-Dave told me he could live with it either way. COUNCILMAN GOEDERT -He could live with it either way? EXECUTIVE DIRECTOR, MR. MARTIN-Either way depending if you give the variance, either way. COUNCILMAN MONAHAN-So it still requires a variance it's a failing system. I don't know if we have anything in this resolution one way or the other that we can pick? TOWN COUNSEL, MR. SCHACHNER-No. COUNCILMAN MONAHAN-So we have to redo a resolution. COUNCILMAN GOEDERT-And what about a public hearing since it's being changed? SUPERVISOR CHAMPAGNE-What do you think? TOWN COUNSEL, MR. SCHACHNER-I think there are two components. One as Betty says the resolution is not written to allow the option that we're talking about now, although we could write something now. But, Connie mentions the other point which is public hearing. All we've noticed and scheduled for public hearing is the application as currently proposed. Obviously or maybe not obviously at least to my mind if we're going with what I'll call Option B for the sake of a label maybe the neighbors including the neighbors that signed off on Option A have something to say about Option B, I'm guessing that's where Connie is coming from with her comments. COUNCILMAN GOEDERT-Why would they have an option when they are putting it back in the same place that it's in. EXECUTIVE DIRECTOR, MR. MARTIN-You've talked to the Rosencrans? MRS. SHEARER-Oh, yeah. EXECUTIVE DIRECTOR, MR. MARTIN-Do they have any objection to where it is? MRS. SHEARER-No it's been there forever. COUNCILMAN PULVER-And they've signed off on the new location. COUNCILMAN MONAHAN-The new location was going to put it a lot further from them than what it is now. COUNCILMAN PULVER-No it was going to put them closer. COUNCILMAN MONAHAN-It will increase the distance from the Rosencrans well from forty to eighty feet. So they we're getting an extra forty feet of protection. COUNCILMAN PULVER-The system has failed and they weren't having any problems at forty feet. COUNCILMAN MONAHAN-We don't know that you are assuming that. COUNCILMAN PUL VER-I think I know Tom Rosencrans he would know if he had problems with his water. MRS. SHEARER-The existing place is lower than where their well is. This septic system or whatever it may be is lower on the hill going towards the lake than Rosencrans new well which is like two hundred foot deep. COUNCILMAN GOEDERT-You have the same theory that I do that everything flows downhill. MRS. SHEARER-That's what the natives tell me. SUPERVISOR CHAMPAGNE-So what do we want to do send him back to get another description here of new measurements under Plan B is that what we're saying to them? COUNCILMAN GOEDERT -How can you do that when she has a failed system now. SUPERVISOR CHAMPAGNE-She is going to have to pump it for the next two weeks, I guess. EXECUTIVE DIRECTOR, MR. MARTIN-It comes down to do you think it's a change warranting another public hearing, if not you can move on it tonight if you do than you have to re-advertise. COUNCILMAN GOEDERT -It's going in the same existing place that it is now. COUNCILMAN TURNER-I don't think it warrants another public hearing. COUNCILMAN GOEDERT -How can that warrant another public hearing. COUNCILMAN TURNER-It doesn't if they were interested they would be here tonight. COUNCILMAN MONAHAN-The change is from what was advertised not from what's here now. When the change is from what you advertise before if it is a substantial change you've got to go for a second public hearing. COUNCILMAN PUL VER-I don't think it's a big enough change to go to another public hearing. COUNCILMAN MONAHAN-It's forty feet. They were getting the benefit offorty feet it's going to be forty feet less. UNKNOWN-My question is how long is the variance, public meeting, whatever it is going to take? What the problem is we currently have sewage leaking into the front yard visible and smelling is that more of a problem..... . MRS. SHEARER-I'm suppose to have my grandchildren for a month starting the 12th of July. When I spoke with Mrs. Christy when I talked to her on the phone, I told her I started this in April so I'd have it all down she even asked me where it was. I said right across from your front door and it gets rather odorfruss in the hot weather. SUPERVISOR CHAMPAGNE-I'm going to ask for a motion to get it on the table to change it to Plan B. COUNCILMAN PULVER-I'll move it where it goes back in the original location. MR. SWEET-In fact, I'll have Dave up there and show him. COUNCILMAN GOEDERT-I'll second it. COUNCILMAN PUL VER-Mr. Attorney do we need any other legalease to go with this? TOWN COUNSEL, MR. SCHACHNER-I think the resolution should reflect in some fashion that there has been discussion at this Town Board Meeting on July 1st at which alternative options was proposed and that the Town Board finds, if this is how you find, that the alternative options is not constituting material change warranting re-advertisement or a new public hearing. SUPERVISOR CHAMPAGNE-We've used that slogan before. Okay motion has been made and seconded. Do I hear any other further discussion? If not let's vote it. COUNCILMAN MONAHAN-What are we voting on right now? Whether or not this requires a second public hearing or are we voting on that plus the motion to approve this system where it is now if so what kind of extra language do we need in there? I'm a little confused what we're voting on Mark. SUPERVISOR CHAMPAGNE-In the record right now counsel just indicated what had to be added to this resolution. COUNCILMAN MONAHAN-Not this resolution because this resolution can't be used. SUPERVISOR CHAMP AGNE- We're just modifying the forty to..... COUNCILMAN MONAHAN-But, you haven't done that you have to do it for the record. Mark are we doing one or two resolutions? TOWN COUNSEL, MR. SCHACHNER-I think you should do it as one resolution. I think that the resolution should indicate what I stated before. It should indicate that there has been discussion that alternative options have been proposed. I think somewhere in the last resolve, I'm guessing that those numbers change. COUNCILMAN MONAHAN-They do. TOWN COUNSEL, MR. SCHACHNER-I think that has to be changed as well. SUPERVISOR CHAMPAGNE-I would agree with that. COUNCILMAN GOEDERT-Why can't you just put the word in there at the existing location. TOWN COUNSEL, MR. SCHACHNER-I don't have any problem with that. SUPERVISOR CHAMPAGNE-So we'll scratch one, two, three. We're going to add, at existing location is that what I hear you say? COUNCILMAN MONAHAN-Jim I know you and Jay were talking about making some changes in the existing also. It's not going to be exact duplicate of where these lines run so should that reflect it in this resolution? EXECUTIVE DIRECTOR, MR. MARTIN-I think what happens is once you approve that this is approved for a seepage pit in this location now the seepage pit has to be installed according to a certain specification. A certain amount of gravel around the drywell so on and so forth that's a standard specification out of our code. As long as you use that verbiage you will be okay. COUNCILMAN MONAHAN-Then we need to get some verbiage in there. EXECUTIVE DIRECTOR, MR. MARTIN-Under that last resolve clause. Allowing the placement of the seepage pit, a new seepage pit at the location of the existing leaching system. COUNCILMAN MONAHAN-A new seepage pit meaning present day requirements? EXECUTIVE DIRECTOR, MR. MARTIN-Meeting today's standards for installation in the location of the existing leaching system. SUPERVISOR CHAMPAGNE-I guess it would be my opinion if we're replacing it in the existing location of the existing system then I guess Dave Hatin and Jay Sweet have to work it out as to precisely where it needs to go. MR SWEET-I'll work it out with Dave Hatin. COUNCILMAN MONAHAN-Dave is constrained with what he can work out by our standards so we have to give him guidance through this. He can't just go in there and decide what he wants to do. SUPERVISOR CHAMPAGNE-Betty the ordinance calls for a certain type seepage pit for a two bedroom house and that's what this guy is going to have to do in order to get through the hoops. MRS. SHEARER-Mr. Hatin and Jay have already assessed that. MR. SWEET -Isn't it on the plans an eight by eight with two foot of stone? EXECUTIVE DIRECTOR, MR. MARTIN-That's the same thing that's got to go back in. SUPERVISOR CHAMPAGNE-Any further discussion. (Vote taken) RESOLUTION APPROVING SANIT ARY SEWAGE DISPOSAL VARIANCES FOR RUTH M. AND LINDA SHEARER RESOLUTION NO.: 16,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Ruth M. and Linda Shearer previously filed a request for three (3) variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions more specifically requiring that there be a 150' separation between the seepage pit and a well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on July 1, 1996, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, and WHEREAS, after discussion at the Town Board Meeting July 1st, 1996, an alternative option was brought forth calling for placement of the new seepage pit at the location of the existing leaching system, and the Town Board finds this alternative option does not constitute a material change warranting re- advertising or a new public hearing NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations as modified 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 applicants that they 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 Ruth M. and Linda Shearer allowing the placement of the new seepage pit meeting current installation standards at the location of the existing leaching system rather than placing it at the mandated 150' distance(s), on property situated on Sullivan Place (off Glen Lake Road) Town of Queensbury, New York, and bearing Tax Map #: Section 38, Block 3, Lot 7. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None PUBLIC HEARING CLOSED RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 17, 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 Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 1st day of July, 1996, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Mr. Champagne Noes: None AbsentNone RESOLUTIONS RESOLUTION AUTHORIZING CARRY OVER OF VACATION TIME RESOLUTION NO.: 283,96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Harold Hansen, Director of Parks and Recreation, has requested that he be allowed to carry over seven (7) vacation days past his anniversary date of July 30, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Harold Hansen, Director of Parks & Recreation to carry over seven (7) vacation days past his anniversary date of July 30, 1996. Duly adopted this 1st day of July, 1996 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1996 BUDGET RESOLUTION NO.: 284,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, certain departments have requested transfers of funds for the 1996 Budget, and NOW, THEREFORE, BE IT WHEREAS, said requests have been approved by the Chief Fiscal Officer, RESOLVED, that the funds be transferred as follows, for the 1996 budget: ASSESSMENT: FROM: TO: 01-1355-1079 (Property Tax Ser Asst. PT) 01-1355-1002 (Misc. Payroll) ATTORNEY: FROM: TO: 01-1420-1790 (Town Attorney) 01-1420-4130 (Legal Services) WASTEWATER: FROM: TO: 034-8120-2001 (Misc. Equipment) 034-8130-4400 (Sewage Treatment) 034-8120-4300 (Utilities) 034-8130-4400 (Sewage Treatment) and BE IT FURTHER, 2,500. 36,630.04 RESOLVED, that the 1996 Town Budget is hereby amended accordingly. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. NOES: None ABSENT:None RESOLUTION AUTHORIZING MODIFIED WAIVER OF HEALTH BENEFITS COVERAGE FORM RESOLUTION NO.: 285,96 INTRODUCED BY: Mrs. Carol Pulver Champagne $ AMOUNT: $ AMOUNT: $ AMOUNT: 1,000. 350. WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury, by previous resolution no. 266, 92, authorized the use of a health insurance waiver form to be signed by employees who waive health insurance benefits, and WHEREAS, a modified waiver of health benefits coverage form has been submitted to this meeting, said waiver in a form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the waiver of health benefits coverage form submitted to this meeting. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ENGAGE LEGAL COUNSEL RESOLUTION NO. 286, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury needs legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and WHEREAS, the Town has previously selected the law firm of Miller, Mannix & Pratt, PC (Mark Schachner, Principal Counsel) as its interim counsel, and WHEREAS, Miller, Mannix & Pratt has rendered legal services to and on behalf of the Town of Queensbury as interim counsel for the last four (4) months, and WHEREAS, the Town Board of the Town of Queensbury has been satisfied with the services of Miller, Mannix & Pratt as its interim counsel, and WHEREAS, the Town Board of the Town of Queensbury wishes to engage legal counsel on a contractual basis for the six (6) month period from July 1, 1996 to December 31, 1996, and WHEREAS, a proposed Agreement for Legal Services has been provided to the Town Board prior to and at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Miller, Mannix & Pratt, PC as legal counsel for and on behalf of the Town for the balance of 1996, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the Agreement for Legal Services with Miller, Mannix & Pratt on behalf of the Town for such six (6) month period on or about July 1, 1996. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NEMER MOTOR GROUP RESOLUTION NO.: 287,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Nemer Motor Group has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license to operate an auto sale at the Aviation Mall, Aviation Road, Queensbury, Warren County, New York, on July 18, 19,20 and 21, 1996, in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury hereby forwards said application to the Town of Queensbury Planning Board for recommendation and site plan review at its July 16th meeting, and WHEREAS, the Town Board of the Town of Queensbury desires to schedule a public hearing on the application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a public hearing will be held regarding the request for a transient merchant market license for Nemer Motor Group on the 15th day of July, 1996 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York and at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall give notice of said public hearing to the applicant and owners of property within 500 feet of the site of the proposed event by regular mail and that a notice of said public hearing shall likewise be published in the official newspaper of the Town a minimum often (10) days prior to the time of the hearing, and BE IT FURTHER, RESOLVED, that the notice of public hearing shall contain the name of the applicant, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board, i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by Town Counsel. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, MR. SCHACHNER-Noted one clarification relative to an informal meeting and discussion that was held early this afternoon. Has been told that a public hearing by this board by the Town Board was required by Chapter 160 of the Code and that language appears in the resolution. Researched matter noted this is not required. Recommended modifying the resolution by striking the last clause of the third whereas. SUPERVISOR CHAMPAGNE-Noted this is going to take some serious review to put it in a form to make it a little more friendlier to our local merchants. Asked the Community Development Department to study this and see if there are ways that this could be revised to make it a little more palatable for our local business people that are paying taxes. RESOLUTION APPOINTING MEMBERS TO THE HISTORIAN'S ADVISORY BOARD RESOLUTION NO.: 288,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury by resolution no. 264, 96, established the Historian's Advisory Board and authorized the Town Historian to submit a list of suggested citizens for appointment to the Town Board for its approval, and WHEREAS, the Town Historian has submitted a list of 11 nominees who have agreed to serve on the Historian's Advisory Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following members to the Historian's Advisory Board: 1. Austin, John; 2. Baertschi, Douglas; 3. Bannon, Dr. David; 4. Fagel, LaVerne; 5. Lucas, Margaret; 6. Mayott, Janet; 7. Monahan-Chase, Maureen; 8. Oudekerk, Eleanor Harris; 9. Ritter, Joyce; 10. Webster, John 0.; 11. and BE IT FURTHER, RESOLVED, that the term of office for each member of the Historian's Advisory Board shall be from July 1996 to January 1, 1998. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 - ORDINANCE ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 289, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Highway Department of the Town of Queensbury recommends that the Town Board of the Town of Queensbury consider certain amendment to provisions contained in Ordinance No. 28 to provide a stop intersection at the intersection of Lockhart Mountain Road and Bay Road, and WHEREAS, the proposed amendment to Ordinance No. 28 has been prepared and is annexed hereto, and WHEREAS, the proposed amendment is worthy of consideration for legislative action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 5th day of August, 1996, to consider the said proposed amendment to the Town of Queensbury Ordinance No. 28, and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines the action about to be undertaken to be a Type II action pursuant to the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed amended Ordinance No. 28 in the manner provided by law, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and to other communities or agencies that may be necessary pursuant to Town Law, the regulations of the Town of Queensbury and other laws of the State of New York. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION NAMING PRIVATERIGHT-OF-WAYS AND SOME TOWN ROADS RESOLUTION NO.: 290,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Director of Building and Codes has presented a list of proposed names for private driveways and roads in the Town of Queensbury for adoption as private roads in connection with the 911 addressing system, and WHEREAS, the Town Board of the Town of Queensbury desires to adopt the list referred to above, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the following list of proposed names for private driveways and roads in the Town of Queensbury: Moonhill Place Opposite Walkup Road Meetinghouse Drive In Quaker Village Quaker Village Drive In Quaker Village Wiley Way In Quaker Village Sevits Drive Off Lockhart Loop Fitzgerald Road Extension Dirt section of Fitzgerald Road Elmhurst Drive In Homestead Village Mobile Home Park Adirondack Street In Homestead Village Mobile Home Park Alpine Avenue In Homestead Village Mobile Home Park Windsong Drive In Homestead Village Mobile Home Park Danville Lane In Homestead Village Mobile Home Park Ashland Drive In Homestead Village Mobile Home Park Indiana Avenue Extension In Homestead Village Mobile Home Park Midway Drive In Mt. View Mobile Home Park Shore End Drive In Mt. View Mobile Home Park Sunrise Lane Opposite Assembly Point Road Mayflower Place Off Mayflower Lane Benmost-Bur Lane At the end of Ash Drive at Never Rest R & J Kilmartin Lane First left past Courthouse Drive and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Town Highway Department to arrange for the installation of poles and street signs at appropriate intersections identifying each of the roads named in this resolution, provided that easements are obtained where necessary, and BE IT FURTHER, RESOLVED, that the expenses to be incurred in connection with the erection of street signs in accordance with this resolution shall be paid for from Account No. 01-3310-4160 (Traffic Control Department Signs). Duly adopted this 1st day of July, 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-Noted should force the people who name these roads to go with names that do not affiliate with other names so that when you are looking for a name you know where you are going. The purpose for naming these were so that they could be located in a 911 situation. RESOLUTION AUTHORIZING THE RETENTION OF THE SERVICES OF AMTEK MANAGEMENT SERVICES CORP. (AMTEK) FOR ADDITIONAL WORK RESOLUTION NO.: 291,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury previously authorized the retention of the services of Amtek Management Services Corp. (AMTEK) to provide various personnel consultant services, and WHEREAS, the Town Board desires to retain AMTEK to perform additional services as described in the Proposal for Services presented at this meeting, at the cost of $6,000. which will be billed in six (6) monthly installments of $1,000. each, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the additional services of Amtek Management Services Corp., (AMTEK) as stated in the preambles of this resolution, at the total cost of $6,000., and BE IT FURTHER, RESOLVED, that the costs of the services authorized herein shall be paid for from Account #01- 1430-4400. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: Mr. Turner, Mrs. Goedert ABSENT:None RESOLUTION ADOPTING ADDITIONS TO EMPLOYEE HANDBOOK RESOLUTION NO.: 292,96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 392,95, retained the services of Amtek Management Services, Corp. (AMTEK) to provide various personnel evaluation services, including the development of an Employee Handbook for the Town of Queensbury, and WHEREAS, the Employee Handbook was developed by Amtek and accepted and adopted by the Town Board by resolution no. 184, 96 on April 15, 1996, and WHEREAS, AMTEK has prepared several additions to the Employee Handbook, and the same are presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the additions to the Employee Handbook presented at this meeting. Duly adopted this 1st day of July, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Champagne NOES: Mrs. Goedert ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Questioned the wording regarding the out of town meetings, noting her concern with the wording for the out of state meetings, needs to be looked into. COUNCILMAN GOEDERT-Noted her concern with the way this is written. RESOLUTION APPOINTING MEMBERS TO QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 293.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury has received a request from the Queensbury Economic Development Corporation (QED C) that the Town Board approve of three appointments to the QEDC Board of Directors, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after giving due consideration, does hereby appoint the following individuals to the Queensbury Economic Development Corporation Board of Directors effective immediately: 1. Earl R. Mileson - to fill the unexpired term of Mr. Nicholas Caimano, said term expiring in December, 1997; 2. Thomas 1. Ross - to fill the unexpired term of Debra Skinner, said term expiring December, 1998; and 3. Ronald Stewart - to fill a new, three year term, said term expiring December, 1999. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Monahan NOES: None ABSENT:None ABSTAIN:Mrs. Pulver, Mr. Champagne (Members QEDC) RESOLUTION APPROVING HEAVY EQUIPMENT OPERATOR TRAINING PROGRAM RESOLUTION NO. 294, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of upgrading its labor force to be able to operate the equipment used throughout the Town, and WHEREAS, the Town Board is committed to improving the health and safety of its employees through various safety programs, and WHEREAS, the Town Board through cooperation with the Highway Department will make available heavy equipment for the purpose of the practicing by employees who volunteer their time during after work hours and on Saturdays, NOW THEREFORE BE IT RESOLVED, that the Town Supervisor be given the authority to sign an agreement between the Warren, Washington, Hamilton, Essex, Saratoga BOCES for providing 10 ours of theory instruction, AND BE IT RESOLVED, to employ James Shannon as a temporary, part-time employee to provide a training program to train employees for up to a total of 80 hours at the rate of $25.00 per hour. Duly adopted this 1st day of July, 1996, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Questioned the rate of pay. SUPERVISOR CHAMPAGNE-Noted he will be hired as a part-time temporary employee for the practice session. The theory session will be ten hours of theory instruction. COUNCILMAN GOEDERT-Questioned why they are not contracting with him to give the town this service, why is he being hired as a town employee? SUPERVISOR CHAMPAGNE-He comes on under the towns compensation. He does not have the liability insurance that is required by the town if we were to employee the contractor. COUNCILMAN GOEDERT-Questioned if he came under the towns unemployment? SUPERVISOR CHAMPAGNE-No. COUNCILMAN GOEDERT-The program is an excellent program, but has some confusing unnecessary things. TOWN COUNSEL, MR. SCHACHNER-Noted doesn't think the problem relates to specifically to qualification as an independent contractor as much as the insurance concern. Noted you have to be careful to protect the town and protect whoever is involved. By making the person a temporary employee that will make sure our insurance extends to it. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR CHARLES R. WOOD/HOLE IN THE WOODS RANCH, INC. TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 295, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, Section 179-94 of the Town of Queensbury Zoning Ordinance provides that all applications for rezoning be referred to the Town Planning Board for report and recommendation, and WHEREAS, following such recommendation, the Town Board of the Town of Queensbury will then review the Rezoning Application and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: CHARLES R. WOOD/HOLE IN THE WOODS RANCH, INC. - Tax Map Nos.: 98-2- 1, 98-3-1 and 98-3-5, Aviation Road, Queensbury, New York 12804; request for rezoning of approximately 4.4 acre parcel from Single Family Residential- 10,000 square feet (SFR-IO) zoning designation to Highway Commercial - 1 Acre (HC-IA) zoning designation, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agency for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this intention by circulating an appropriate request for lead agency designation. Duly adopted this 1st day of July, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None TOWN BOARD MEMBER MATTERS COUNCILMAN GOEDERT-Asked if there was any recourse the town can take in reference to the finding of the speed limit on Country Club Road? SUPERVISOR CHAMPAGNE-Noted once DOT makes a decision there is not an awful lot you can do as a governmental agency to change that. TOWN COUNSEL, MR. SCHACHNER-Noted you could try to convince the County to take a more active role. EXECUTIVE DIRECTOR, MR. MARTIN-To present this to the Glens Falls Transportation Council. COUNCILMAN MONAHAN-Noted that County Supervisor Ron Montesi is on the Highway Committee, recommended contacting Mr. Montesi. SUPERVISOR CHAMPAGNE-Noted O'Brien and Gere will be here on July 18th regarding Bay Road Sewer, noting all the property owners have been invited. Spoke to the board regarding the 1995 Audit Book. Asked the board if they want to meet in workshop regarding this or are they satisfied with report, board satisfied with report. COUNCILMAN PULVER-Noted when Amtex holds the seminars for employees she would like to be contacted. COUNCILMAN GOEDERT -Noted she has received a written request from Chris Granger, President Bay Ridge Emergency Squad to extend their turning in of papers until August 15th. SUPERVISOR CHAMPAGNE-Noted the board is in the budget process during that time period, it would be nice to have it by the end of July, first of August. OPEN FORUM 8: 10 P.M. JOHN SALVADOR-Questioned the people on the Town Historian's Advisory Board asked if the Town Historian is advising anyone? SUPERVISOR CHAMPAGNE-No. MR. SALVADOR-Spoke to the board regarding Fuller Road and the upcoming meeting. Questioned how do others who are interested get invited? SUPERVISOR CHAMPAGNE-Noted this is a matter of the Rowland's meeting with the people allowing for a bike path from Fuller Road to Clendon Brook Road. Will be meeting at the Rowland's property will be a facilitator, no decisions will be made at that meeting. MR. SALVADOR-Spoke to the board regarding the Vessel Regulations on Dunham's Bay. Questioned the status of town staff talking with DEC regarding the location of buoys? EXECUTIVE DIRECTOR, MR. MARTIN-Have one call into him will try again. MR. SALVADOR-Spoke to the board regarding an article in paper concerning Town getting out of the dock regulations noting it is time to get this straighten out. SUPERVISOR CHAMPAGNE-Reviewing this determining how best to approach this to resolve this. COUNCILMAN MONAHAN-Questioned if Mr. Salvador was saying that on his submerge land that's the towns jurisdiction. Other docks within the Town of Queensbury where their deed stops at the high mean water mark we should not be regulating? MR. SALVADOR-Correct. Spoke to the board regarding the New York State Health Department doing away with some regulations involving the public water supply to the Village of Lake George. Questioned if the Audit Report is public information? SUPERVISOR CHAMPAGNE-Yes. MR. SALVADOR-Questioned if the report was done by an independent auditor or State? SUPERVISOR CHAMPAGNE-Independent auditor, noting the State audit the town every three years. MR. SALVADOR-Questioned the status of North Queensbury Sewer. SUPERVISOR CHAMPAGNE-Noted the engineers are still doing the paperwork trying to get something on paper that is meaningful. We're finding that the original plan was far to costly as compared to what the original estimate was. It has to be funneled down to a level that is meaningful and realistic, noting he will be the first one to know. MR. SEAN GARVEY, 112 Hunter Lane, Queensbury-Spoke to the board requesting a fireworks permit. Noted he will be running the fireworks display himself. It will be on his property which is almost fourteen acres on the outside of the Ridge Knolls Development. Has met all requirements as stated by the New York State Penal Code S-405. Has increased his insurance coverage to a half of million dollars. Noted there was concern that this is a private fireworks display has invited the people his block, friends, family. Provided board with map of where display will take place, will follow laws outlined in Penal Code. SUPERVISOR CHAMPAGNE-Noted it was Mr. Goralski's opinion that for a number of reasons that we as a Town are not in the permitting business to permit private displays. MR. GARVEY-Noted he will be using Class E fireworks. He trying to follow the rules and obey the law noting he has spent a lot of time and effort preparing this. Noted he has asked to have his application modified by putting Garvey Volkswagen Hyundai instead of a single person doing the display. TOWN COUNSEL, MR. SCHACHNER-Noted Mr. Garvey should be commended for his efforts. But, as we read the Penal Law and Provisions and as we understand what he is applying for he doesn't seem to fall within the provisions of the State Statue that governs this sort of activity. The State Statue that governs this sort of activity seems to clearly talk about public displays of fireworks. Noted Mr. Garvey is proposing to discharge some sort of fireworks display at his private residence and intends to invite all the neighbors. Doesn't think this falls within the State Statue description of the public display of fireworks by munipalities. MR. GARVEY-Noted he would invite the public to the fireworks display. TOWN COUNSEL, MR. SCHACHNER-Noted what Mr. Garvey has described amounts to a private display of fireworks not public display, noting the Town Board is the permitting authority. His understanding of all fireworks permits that the Town has previously issued have been for a public event. The person has been an experienced discharger of fireworks in charge of the public display. Can request a formal opinion of the State Attorney General and State Comptroller. Did contact State Comptroller Office and Attorney General Office today by phone. Noted they felt that it sounded more private than public and did not sound like it fits within the statutory language. COUNCILMAN MONAHAN-Recommended taking this particular petition send it to the Attorney General Office and State Comptroller Office for an opinion. TOWN BOARD-After further discussion it was the decision of the board that this doesn't fall within their authority. Will proceed to get a written opinion. MR. GARVEY-Asked to have petition withdrawn so he can rewrite the sponsor. TOWN COUNSEL, MR. SCHACHNER-Recommended getting a revised application from Mr. Garvey. GILBERT BOEHM, DUNHAM'S BAY-Spoke to board regarding North Queensbury Sewer. Noted that the engineers are putting a lot of money in terms of any kind of evaluation. SUPERVISOR CHAMPAGNE-Noted in Queensbury's case the contract was signed with the engineers early on. We do have a signed agreement between the County and O'Brien and Gere to proceed with the project plan. MR. BOEHM-Noted he would like a copy of the contract. SUPERVISOR CHAMPAGNE-Available at the county. MR. BOEHM-Questioned if the board felt comfortable that they have a lot of effort going into this? SUPERVISOR CHAMPAGNE-Yes. Noted O'Brien and Gere has all the records and are using the information. O'Brien and Gere should have their preliminary report coming out in three or four weeks. At that point we will bring all the people together from North Queensbury sit down and take a look at the plan. MR. BOEHM-Noted his concern is that the bill will come out to be a lot more than people are going to be willing to approve on a referendum. SUPERVISOR CHAMP AGNE- The plan now is to have O'Brien & Gere come back with some other alternatives. Will look at alternatives will begin to sort them out. At that point once that is determined we will be meeting at North Queensbury Firehouse to discuss this and then decisions will be made. MR. BOEHM-Questioned how much does the board get to see in terms of what the engineers are planning on doing? COUNCILMAN MONAHAN-Noted she has set in on some of the county meetings and has had direct conversation with Tony Geiss, is comfortable with what he is doing. Would be uncomfortable if he were not doing as much in depth as he is, noting she is very involved because this is her ward. ROBIN BREWER, QUEENSBURY-Spoke to the board regarding a letter written to the board, asked the status of the boat launch? COUNCILMAN PULVER-Noted she received letter has made several notes put together some other things that have come up at the Recreation Commission Meeting. They were suppose to study make a determination on the size of the boats, meeting to be held a week from Tuesday. Will present three or four things to them this is one of the things to be discussed. Up until now no determination has been made other than the board and the Recreation Commission at some point has made determination that it should be smaller boats, waiting for the recommendation from the Recreation Commission. MRS. BREWER-Noted she is a member of the National American Rivers. Spoke to the board regarding the ten most endangered rivers in the United States, noted the Upper Hudson River is fifth on the list one of the reason is the over development. Thanked the board for working to preserve the ninety acres on Hudson Pointe. Thanked Open Space Institute for opening up a plan to hopefully buy Faith Bible Church, noting what really needs to be looked at is, the town property the thirty acres attached to that by Native Textiles. EXECUTIVE DIRECTOR, MR. MARTIN-Noted the key to this is the Faith Bible Church. It does provide the link between the town owned property and now the conservation area which lies to the west of it. If this falls into place than there is continuous ownership. SUPERVISOR CHAMPAGNE-Asked to have a copy of newsletter concerning the Hudson River. COUNCILMAN MONAHAN-Questioned if the modeling program that is being done through the computer with the Glen Lake Watershed Committee and ACC could you also show the impacts of the Hudson? EXECUTIVE DIRECTOR, MR. MARTIN-That could be done, noted you have to have the land uses for whatever you model. COUNCILMAN MONAHAN-Asked if you could to a model regarding to size of boat and number? EXECUTIVE DIRECTOR, MR. MARTIN-No. COUNCILMAN MONAHAN-Asked Mr. Martin to check with Bill Morton to see if this can be done. BERNARD RAHILL, QUEENSBURY-Asked if the board knows where the PCB's are? Noted there is a PCB field below the water intake on the Hudson River. Questioned how far the field was from our water intake? COUNCILMAN TURNER-About a half a mile. MR. RAHILL-Questioned if this is a potential hazard to the people of Queensbury and what is being done? SUPERVISOR CHAMPAGNE-Have been working closely with DEC, Department of Health, and Nimo. Prior to this we've had a Environmental Committee that has worked with us keeping track of the progress being made. There is an Advisory Committee from the town that has been in close contact with the information that has come from the study which has been on going for three years. They have identified the problem. We know where they are and know they are off shore on the bank. Also know the hottest spots they have been identified. Noted around July 18th, trailers will be moved in there from DEC and O'Brien and Gere. They are receiving bids now for contractual work, going in and mining out all of the soils that are on the banks. Will be lowering the river and excavating along the river as far as they can without creating a problem, this should take them into the fall. That will be trucked out of here somewhere in the Buffalo area and new materials brought in. The PCB's that are in the river we are in an agreement with DEC that they will remain we are not going to go in and do any excavating or dredging the river. Will study this over the next two to five years to see if they remediate themselves or if there are further problems that may have to be looked at. In the meantime we have a system being put into the water plant to protect the users of the plant. MR. RAHILL-Questioned if the water is being checked everyday? SUPERVISOR CHAMPAGNE-Once this starts it will be checked on a regular basis. MR. RAHILL-Questioned if this is on going at the present time? BOARD-Yes. MR. RAHILL-Spoke to board regarding Aviation Road. Noted his concern for the density regarding the developments along Aviation Road, questioned if this has been addressed? SUPERVISOR CHAMPAGNE-Noted a public hearing was held two weeks ago regarding this. The board has not made a determination. MR. RAHILL-Spoke to the board regarding the training of employees in the Highway Department. Questioned if this is mandated by the State? SUPERVISOR CHAMPAGNE-No. MR. RAHILL Noted he supports Councilman Goedert's position regarding Country Club Road. Spoke to the board regarding his concern for the traffic situation near Kendrick Road, noted it is difficult to exit. KATHLEEN SALVADOR, DUNHAM'S BAY -Spoke to the board regarding Animal Control Officer, Colleen Kimble. Questioned if she takes care of all animals? EXECUTIVE DIRECTOR, MR. MARTIN-To the extent permitted under the law. MRS. SALVADOR-Questioned if her pager is on during the weekend? EXECUTIVE DIRECTOR, MR. MARTIN-Calls on weekend are made to the Warren County Sheriff who will then call her. If she is not available Mr. Warner from Glens Falls will respond. PLINEY TUCKER, DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the intersection of Western Avenue, Broad Street, Corinth Road, Main Street, noted his concern with the pavement along this area. Asked the status of the lights on Corinth Road? COUNCILMAN TURNER-Hasn't met with him yet possibly next week. MR. TUCKER-Questioned the work that is being done by the Water Department in the West Glens Falls Water District, asked where the money is coming from? COUNCILMAN PULVER-Noted they are doing a new connection at the corner of Veterans Road and Luzerne Road which is general maintenance. MR. TUCKER-Asked Supervisor Champagne to look into this. MR. SALVADOR-Spoke to the board regarding Clough Harbour Supplemental EIS. Noted he has asked the question what happens if there is not enough money was told they would prioritize the problems in North Queensbury and go to work to solve the problems. SUPERVISOR CHAMPAGNE-Noted this is what O'Brien and Gere will be coming back with. OPEN FORUM CLOSED 9:45 P.M. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 296, 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 approves the abstract appearing on July 1st, 1996 and numbering 96273200 through 96293900 and totaling $1,358,375.85 is hereby approved. Duly adopted this 1st day of July, 1996, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 297, 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 adjourns from its Regular Town Board Meeting. Duly adopted this 1st day of July, 1996, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury