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1996-07-15 TOWN BOARD MEETING JULY 15,1996 7:00 p.m. MTG.#29 RES.302-3ll TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Theodore Turner Councilman Connie Goedert Councilman Carol Pulver PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN SUPERVISOR CHAMPAGNE OPENED THE MEETING PUBLIC HEARING - NEMER MOTORS-TRANSIENT MERCHANT NOTICE SHOWN Supervisor Champagne-I will call the public hearing to order, and we will hear a little bit about transient merchant market from the Nemer Motor Group. I believe that there is someone here to speak to that if you would like to do that please. Come right up, introduce yourself, get you on record and we will ask a few questions, give us a few answers. Off we go. Mr. Frank Romaine-I am Frank Romaine and I am the General Manager of Nemer Motor Corp. and this is brand new to me. Supervisor Champagne-Frank what is your intentions, what is in your plan, I believe it is, you are planning to do a sale at the Aviation, automobile sale at the Aviation Mall July 18th 19th and 20 and 21 is that what we are asking for here? Mr. Romaine-That is correct Sir. Supervisor Champagne-Ok. Anyone care, anyone of the Board Members here have any questions of Mr. Romaine? Councilman Pulver-No, I have no problems with it. Supervisor Champagne-I know we are looking at the Transient Merchant Law maybe you want to add something to what we are looking at either Mark or Jim or whatever? Executive Director Martin-We discussed this morning a potential change to the Transient Merchant Law if you recall when we first went into this we acknowledge that this is a complex issue and there maybe some adjustments needed in the law and one of those that has surfaced is the idea of making allowance for in town businesses to conduct an off site sale so to speak, as an exemption to the law. This has come up several times since to the change to the law was made and therefore we were at the direction of the Supervisor drafting such a proposal for the Board to look at it at their workshop next week to see what you think of it and if it merits further attention we would put it in legislative form for a public hearing to be set. Councilman Goedert-In reference to this application Jim, I just have one question, it says that the Planning Board is going to look at this tomorrow? Executive Director Martin-That is correct. Councilman Goedert -So, are we voting to let them do this before the Planning Board looks at it, is that the normal? Executive Director Martin-It is not, no it is not the normal route here however, this was the quickest that we could or the best path I should say that we could put this application on to accommodate the applicant time frame and that is why it was done. Normally you would see it after the Planning Board but we are asking for conditional consideration given the short time frame involved. Town Counsel Mark Schachner-Just to clarify that it actually was not the best path it was the only path, it was the only way even the time frame when this application came in the way we mapped this out with the Town Board review tonight, the Planning Board review tomorrow night which is not the, usually way, it would usually be just the reverse, in light of the two board meeting schedules is actually the only way that without special meetings that the applicant could possibly get approval. The proposed resolution indicates that our approval tonight would be conditioned upon favorable recommendation and approval by the Planning Board tomorrow night. So, if for some reason that did not transpire tomorrow night even if you enacted the resolution of approval tonight they would not be able to conduct the event as proposed on those four days. Supervisor Champagne-I think what has really sparked this review of the law, I guess a couple of things, one is this application here is a local company doing business locally paying real property taxes, paying heavy sales tax I might add in auto sales and I think this has at least prompted my thoughts to take a hard look at the merchant transient law in itself and see what really needs to be done. So, this really doesn't come on the heals of that but certainly it comes on the toes of what we are looking at in terms of revision of the law. Councilman Monahan-And I think Fred, when we looked at the intent of the original Transient Merchant Law it was never intended to be a deterrent to our local people that were already paying real estate sales tax and etc. it was really to make sure that we had a handle on those people that were in and out of our community. Executive Director Martin-From a planning point of view we as staff have no problem with this the area that the parking lot that they are choosing to do this in is not the closest lot to the building it is a distance away. It is the off season so to speak for the mall usually their peak season by virtue of their volume is you know right before Christmas. So, this does fall at a good time of the year for that. You know having gone to the mall a number of times both in a town capacity and just personally you know I do not think I have seen more than three cars in this section of the lot even at Christmas time. I do not think it is going to cause any sort of internal traffic problem or anything like that. Supervisor Champagne-I guess the only other question I would raise is on item number one on the first page, Nemer Motor group must pay all fees as required by Chapter 160 of the Code of the Town of Queensbury, does that mean that these local taxpayers will be required to pay the five hundred dollars a day times four and if that is true I would even, I do not know if I am in order or not, but I think in the process of reviewing our law are we going to look at that five hundred dollar fee and act on that in some other fashion? Executive Director Martin-As the way we discussed it today, if that were to be ultimately enacted by the Board and I am not making any pre-conceived you known statements about that hypothetically if that were enacted as we talked about it today they would be exempt from the fee also. Town Counsel Mark Schachner-Because they would be exempt from the entire Transient Merchant Law, there would be no application requirements, no fee requirement no approval from the Town Board in order to conduct an off site sale of the same type of good, of the same goods that they are selling on their principal site if it is an existing business, lawfully operating within the Town of Queensbury. Supervisor Champagne-What action must I take in order to put it on the table that we also waive the five hundred dollar a day fee? Councilman Turner-You cannot do it until you change the law. I do not think you can do it until you change the law. Town Counsel Schachner-There is no provision in the existing Transient Merchant Law there is no provision for variance or waiver. Ted is right about that, we can double check but I pretty sure that is the case. Ultimately this Board is the enforcing arms so to speak for the Transient Merchant Law if there is something that you choose to enforce or not enforce that is somewhat discretionary call but under the letter of the Transient Merchant Law it does not appear there is any variance or waiver provisions I think Ted is correct. Supervisor Champagne-Ok, so it would be the enforcement action Councilman Turner-You cannot waive it now, you have got to do it after the fact. Supervisor Champagne-Ok, any other questions or thoughts? Councilman Turner-Are you going to have an office trailer up there? Mr. Romaine-Yes, Sir. Councilman Turner-You are going to do your sales right out of the office trailer? Mr. Romaine-We are going to kind of you know depending on the weather, probably sit the people down, maybe out of the heat out of the rain if we have some showers, ok, I will not do the actual sale there, I will do the sale at Nemer Ford because I do not want to go into the 72 hour off site sale type of thing. Its a timely thing and I appreciate the urgency and the rush that you people have put on it but you know I have been Glens Falls has tried to get us to do a sale down there ok, Saratoga, the laws are different in all of them of course, again, we are in Queensbury, I want to keep the money in Queensbury you know if we sell one hundred vehicles I am sure Queensbury would like to the recipient of the taxes on it. This is where we want to keep our business and you know, talking to the Mall you know they are in a hurting sort of way too so they are looking to do something to bring some extra traffic into the Mall to. But, again I do appreciate the, I am sorry about the short notice that will not happen in the future. Supervisor Champagne-Ok. Betty are you still researching? Councilman Monahan-No, go ahead, I was just seeing if there was anyway. Councilman Pulver-Darleen did this get introduced? Supervisor Champagne-No, not yet I am still in public hearing. Councilman Turner-Is this the waive of the future, off site sales? Mr. Romaine-It really is, I tell you, a lot of people said well can you plan this in advance and I have got to tell you in the auto industry it is a very, very tough thing to put a handle on. I can say I took this dealership over two years ago made a lot of changes, hopefully for the best we had two good years, ok, we have had a couple of slow months ok, has nothing to do with the Town of Queensbury it has to do with, my operation costs vs profit, so you say well I got to do something to create some business. If you are asking me do a lot of people get, I think you are going to see more and more of it to be honest Mr. Turner, yes. Councilman Turner-It is looking like it all over the place. Mr. Romaine-Some people just, it is a different atmosphere I guess sometimes, they just feel better going someplace else. I am spending a lot of money I can tell you that, so I am hoping it is going to work. Councilman Goedert-Have you done this before? Mr. Romaine-Yes. Supervisor Champagne-To this level, to this degree pretty much. Mr. Romaine-Not quite I went really out on advertising this time ok, so I am going to tell you I probably spent fifteen thousand more than I ever spent, but I want it to be done right, we took a little harder look at it this time, we planned it better. The last time I did it, I did it three days it was successful so I am saying we have got an extra day and more planning I am hoping it will be much more successful. The last time I did it I think we had written about seventy two individuals and delivered probably fifty five cars in three days. So, it was pretty good. Councilman Turner-In order to do this you have to get some commitment from the Ford Motor Company to Mr. Romaine-Negative Councilman Turner-You do it on your own. Mr. Romaine-The want to see you sell ..and sell you more. Councilman Turner-Do they give you any break on the Mr. Romaine-No, Sir. Councilman Turner-Nothing Mr. Romaine-No, Sir. Councilman Turner-Still pay the same price. Mr. Romaine-They give you an that-a-boy if you do a good job. Executive Director Martin-Are you going to be stopping by this weekend do you? Mr. Romaine-We have some great deals, Mr. Turner. Supervisor Champagne-Ok, is this Nemer Motor group this is the Ford, Chrysler everything goes here? Mr. Romaine-Right, both which are in the Town of Queensbury. Councilman Turner-Now, what are you going to display up there, Ford and Dodge to? Mr. Romaine-It is primarily going to be very heavy in used, ok, with new from both stores. Not as, the new will be representative in all car lines but primarily used. Councilman Turner-Trucks? Mr. Romaine-Trucks, cars, vans, customized vans, motor homes, I have a fifth wheeler with the trucks so we are going to bring as much as we can. Supervisor Champagne-The location of this Jim, is? Executive Director Martin-That lot nearest to Friendly's that was Mr. Romaine-It is adjacent to J.c. Penny's toward the Councilman Turner-The southwest corner. Executive Director Martin-Toward that J. C. Penny entrance right there across the entrance from Friendly's is the best way to describe it. Supervisor Champagne-Anyone else, anyone from the audience? Public Hearing Closed. RESOLUTION APPROVING TRANSIENT MERCHANT MARKET LICENSE FOR NEMER MOTOR GROUP RESOLUTION NO.: 302.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, 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 July 15, 1996, and WHEREAS, on July 16, 1996, the Town of Queensbury Planning Board will review said application for recommendation and site plan review, 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 Nemer Motor Group to operate a Transient Merchant Market at the Aviation Mall, Aviation Road, Queensbury, subject to the following: 1. Nemer Motor Group must pay all fees as required by Chapter 160 of the Code of the Town of Queensbury; 2. Nemer Motor Group must submit a bond in the amount of $10,000. as required by Chapter 160 of the Code of the Town of Queensbury; 3. Nemer Motor Group 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 July 18, 19,20, and 21, 1996 and the license shall expire immediately thereafter; 5. This approval is conditioned upon Nemer Motor Group obtaining favorable site plan recommendation from the Town of Queensbury Planning Board at its meeting on July 16, 1996 and compliance with any conditions of such recommendation; 6. The Transient Merchant License shall not be assignable; and 7. Nemer Motor Group must comply with all of the regulations specified in ~160-8 of the Code of the Town of Queensbury. Duly adopted this 15th day of July, 1996, by the following vote: AYES Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None COMMUNICATIONS The following communications were read into the record: -Fred-You and the Town Board Members should know that Dave Hatin has done a tremendous job helping us with code interpretations for ACC's Scoville Learning Center. He's been thorough, tough, yet fair-just what you and we need on a complicated building such as this. Bob Joy -To: Mr. Naylor I would like to commend you for the excellent manner the construction work on Aviation Road has been handled. In my opinion, you have done an excellent job in handling the traffic flow and the efficient way the work has been done. So often, we are quick to voice our criticism but fail to compliment when a job is well done and deserves recognition. I feel constructive criticism is good but I also am a firm believer in letter a person know when he is doing a good job. Congratulations on a great job for the Town of Queensbury. Sincerely, Isl Dorcas Baker -To: The Town Board We would like to formally express a thank you for the services of Kip Grant as Town Fire Marshall. On the afternoon of June 5th, he provided us with a very professional and informative training session on the varieties and uses of fire extinguisher. Our employees derived useful information from Kip's training session to enhance fire safety not only at work but also throughout their daily routines. Sincerely, AES ENGINEERED SYSTEM Steve Guzik Plant Manager -To: Town Board I was absent from Pine View Cemetery from January 8, 1996, to February 19,1996. I was on sick leave during this time period. Michael Lopez, Working Foreman took over all my duties during this period of time. He did an excellent job, and I want to bring it to your attention, so that it won't go unnoticed. He oversaw the entire cemetery, and took on my responsibilities, as well as his own. I did not have to worry while I was away, because I knew that the Cemetery was in competent care. I know that if it does happen again, that he will continue to oversee The Cemetery, as well as my duties and his own. Sincerely, Isl Rodney G. Mosher Superintendent RESOLUTION DETERMINING THAT PROPERTY OWNED BY LARRY R. DAVIS, JR., IS UNSAFE - TAX MAP NO. 93.-3-6 RESOLUTION NO. 303.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, Mr. David Hatin, Director of Building & Codes Enforcement of the Town of Queensbury, has advised that he has investigated and inspected certain property identified as East Drive, Town of Queensbury, and bearing tax map no. 93.-3-6, and has made findings as more specifically set forth in a letter dated April 30, 1996, a copy of which is presented to this meeting, and WHEREAS, Mr. David Hatin advises the Town Board of the Town of Queensbury that, in his opinion, a structure on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property demolished if the property owner fails to do so, and WHEREAS, pursuant to Chapter 60 of the Code of the Town of Queensbury and ~130(l6) of the New York State Town Law, the Town Board may by Resolution determine whether in its opinion the structure is unsafe and dangerous and thereafter order its demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE, BE IT RESOLVED, that, upon reviewing all of the evidence presented at this time, the Town Board of the Town of Queensbury is of the opinion that the property and structure thereon, bearing tax map number 93.-3-6, appear to be: 1. Presently unsafe and dangerous and should be demolished and removed; 2. Potentially an object of attraction and danger to minors and animals; 3. Unfit for the purposes for which it may be lawfully used; 4. May warrant immediate demolition as an emergency action. and BE IT FURTHER, RESOLVED, that pursuantto Chapter 60 of the Code of the Town of Queensbury and ~130(l6) of the New York State Town Law, the Director of Building & Codes be and hereby is authorized to serve a Notice setting forth the Town Board's determinations upon the owner(s) of said property or upon the owner's executors, legal representatives, agents, lessees, and any other person having a vested or contingent interest in the property, and BE IT FURTHER, RESOLVED, that a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the property shall be held on August 5th, 1996, at 7:00 p.m., in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the contents, service and filing of the Notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury and ~130(16) of the New York State Town Law. Duly adopted this 15th day of July, 1996, by the following vote: AYES Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES None ABSENT: None Discussion held-Mr. David Hatin-Building Dept. -You have an abandoned structure, the reason for this coming before the Board is a little bit different this time, you had a lady that was bit by a cat they were unable to locate the cat, the cat did come out of this residence which is abandon and sitting idle. The lady did have to receive rabies shots because they could not find the cat. They have expressed the concern because there are other stray cats in this area. The foundation has collapsed in one area it is a secured building but its somewhat a nuisance in the neighborhood that it attracts stray cats and uses it for basically a shelter. I felt than rather than let the owner is in the Navy, his sister is taking care of his estate, she has not followed through with the promise which she made to me was to have the structure down last week, therefore I felt it was urgent to bring it to the Board so that some action is taken by this board if not by the owner. Councilman Pulver-Have you contacted W.G.F. Vol. Fire Co.? Mr. Hatin-That was suggested to the owner, she contacted them and I do not know the outcome of that was...! talked to her brother who said they were going to tear it down, they were not going to burn it down. I have not spoken to the Fire Chief. Councilman Pulver-I will ask Connie to contact them and see if they would consider doing it, certainly it would be less of an expense for her and the Town. RESOLUTION AUTHORIZING MODIFICATION TO AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BUSINESS AUTOMATION SERVICES RESOLUTION NO.: 304.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury and Business Automation Services, Inc., (BAS) entered into an Agreement on or about May 23, 1994, and WHEREAS, such Agreement provided for development and implementation of a computerized Assessment Data Collection System for the Town Assessment Department, and WHEREAS, such Agreement provided for BAS to develop and implement said system including providing all necessary software, installation, training, and implementation support services, and WHEREAS, such Agreement included at paragraph V Contract Prices of $2,400. for systems analysislcustom software, $3,500. for software license, $1,800. for installationltraining/support, and $420. for annual software maintenance, for a total price of $8, 120., and WHEREAS, the Town made an initial payment to BAS in the amount of $3,850. pursuant to paragraph VI of such Agreement, and WHEREAS, more time has passed for complete implementation of the terms of the Agreement than was originally anticipated and as a result, the Town Assessor and Town Counsel have renegotiated the terms of the contract price with BAS, and WHEREAS, this negotiation has resulted in a revised Contract Price proposal from BAS as set forth in the letter from BAS to the Town Assessor dated July 3, 1996, which is also presented at this meeting, and WHEREAS, the proposed revised Contract Price as a result of this negotiation is deletion of the price for systems analysisl custom software, $2,500. for software license, $1,200. for installationltraining/support, and $300. for annual software maintenance, for a total price of $4,000., and WHEREAS, such revised price would reduce the total price from $8,120. to $4,000., with the Town already having paid $3,850., leaving a total amount due of $150., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury agrees to the proposed modification of the Contract Price of the Agreement with BAS as set forth above, and the Town Supervisor is authorized to sign the July 3, 1996 letter from BAS to the Town Assessor, signifying approval of these revisions, and BE IT FURTHER, RESOLVED, that the Town Supervisor is also authorized to execute any Modification of Agreement document in form approved by Town Counsel to reflect the above. Duly adopted this 15th 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-Councilman Goedert-Questioned if we are getting everything...Town Counsel Schachner- My understanding is we are getting everything that we initially bargained for but we are getting at a substantially lower price than what was originally agreed to back two years ago...Councilman Goedert- Questioned the completion date. Town Counsel Schachner-I think the original agreement called from completion within ninety days from the date of when it was signed...be ninety days from the date of modification is signed... RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR JAMES AND DONNA MATTISON RESOLUTION NO.: 305.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~1l3-l2 of the Code of the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, James and Donna Mattison have filed an application for a "Mobile Home Outside a Mobile Home Court" Revocable Permit, in accordance with said ~1l3-l2 of the Code of the Town of Queensbury, to locate a mobile home at property situated at 1649 Ridge Road, Queensbury, New York 12804, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on August 5th, 1996 at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by James and Donna Mattison for a "Mobile Home Outside a Mobile Home Court" Revocable Permit on property situated at 1649 Ridge Road, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 15th day of July, 1996, by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: None RESOLUTION APPOINTING TOWN COMPTROLLER RESOLUTION NO. 306.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, by previous resolution, the Town Board of the Town of Queensbury established the position of Town Comptroller, in accordance with the Town Law of the State of New York, and WHEREAS, the previous Comptroller has resigned and the position is currently vacant, and WHEREAS, the Town Board, by Resolution No. 204-96 has previously delegated the Comptroller duties to the Town Board and Town Supervisor during the interim period until appointment of a new Town Comptroller, and WHEREAS, Town Law Section 20 sets the initial term of appointment for this office to be until the January 1st immediately succeeding the next Town biennial election, and WHEREAS, the Town Board of the Town of Queensbury has arranged for the advertisement of the position, review of resumes and interview of interested candidates, and WHEREAS, the Town Board of the Town of Queensbury is desirous of making an appointment to the position of Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the authority provided by Town Law, Section 20, hereby appoints Mr. William Burns to the position of Town Comptroller, with his term to begin Tuesday, July 16, 1996, with the salary to be at a rate of $43,000.00 per annum, with the same to be paid on a prorated weekly basis, and BE IT FURTHER RESOLVED, that such appointment shall be for a term until January 1, 1998 pursuant to Town Law, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby re-delegates the various financial duties set forth in Resolution No. 204-96 back to the Comptroller, and BE IT FURTHER RESOLVED, that the salary for the position of Town Comptroller will be paid for out of account #01-1315-1035, and BE IT FURTHER RESOLVED, that Mr. Burns shall begin work on Tuesday, July 16,1996. Duly adopted this 15th day of July, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None RESOLUTION RE-APPOINTING MEMBER TO CEMETERY COMMISSION RESOLUTION NO. 307.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Cemetery Commission, and WHEREAS, the present term of Theresa Higgins expired on June 30, 1996, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Theresa Higgins to serve as a member of the Town of Queensbury Cemetery Commission, said term to expire on June 30, 1999. Duly adopted this 15th day of July, 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 Monahan-Terry Higgins has been an excellent member of the Cemetery Commission, she is very concerned and interested in it and has done an outstanding job. Councilman Turner-I will second that. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING MODIFICATION OF EXISTING PLANNED UNIT DEVELOPMENT - ALAN OPPENHEIM, ACO PROPERTY ADVISORS, INC./HUDSON POINTE, INC. RESOLUTION NO. 308.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically, considering an amendment to the existing Hudson Pointe Planned Unit Development whereby a parcel of land owned by Hudson Pointe, Inc. known as Tax Map No. 148-1-2.1 located in the vicinity of 777 Corinth Road in the Town of Queensbury would be changed from the current zoning of SR-1A (Suburban Residential - 1 Acre) to allow the 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, with the following restrictions and/or conditions: Lot NumberlSize: The lot is limited to its existing size. Subdivision of the lot is prohibited. Minimum Frontage on Public Road: Forty (40) feet. The commercial lots to be created along Corinth Road may front on a road over the sixty foot (60') ROW. The road servicing these lots shall be constructed to the Town standard by the developer of the new commercial lots. Access to the lot shall be through the road within the sixty-foot (60') right-of-way only. Minimum Yard Setbacks: One Acre Lot: Front Side with a ten foot (10') minimum. Rear Thirty feet (30') The sum of the side yards shall equal thirty feet (30') or more twenty feet (20') Minimum Permeable Area of Lot (%): Fifty percent (50%) Maximum Building Height: Forty feet (40') Permitted Principal Uses: Convenience store with gasoline pumps and no automobile sales or repair; grocery store; bank; hardware store; professional office including beauty shop. All of the above uses in designated commercial areas are allowed upon site plan review and approval by the Planning Board. Permitted Accessory Uses: Customary accessory uses and accessory use structures incidental to a permitted principal use. Density: One principal building up to 7,500 square foot in size per lot. Green Space: The developer(s) shall provide an area equivalent to percent (10%) of the overall gross lot area or 2,178 square feet, whichever is greater, to planted green space. To the extent that the green space is not contained in any required buffer areas, the green space shall be located in each front yard of the lot. Landscaping of this area shall be subject to review by the Town Beautification Committee and Planning Board Site Plan review and approval. Buffer Area: A buffer area consistent with the requirements outlined in ~ 179-72 shall be provided. The buffer area shall also include plantings and berming to sufficiently screen and obstruct the visual impacts associated with the permitted uses of the parcel. Planting and berming of the buffer area shall occur in two phases. The first phase will establish plantings as illustrated on the map dated . These plantings are to be installed by _, 1996. Phase Two of the planting and berming program shall occur with the site plan review process by the Town Planning Board. Declaration of Covenants and Restrictions: The execution by Developer of a Covenant of Declarations and Restrictions which restrict and limit the use of the property as indicated above and which may only be changed or modified by Town Board approval, thus modifying the existing Zoning Ordinance and Map; and WHEREAS, on or about May 20, 1996, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of a request for rezoning of certain property owned by Hudson Pointe, Inc., in the vicinity of 777 Corinth Road, in the Town of Queensbury to Planned Unit Development, to the Planning Boards of the Town of Queensbury and Warren County for recommendation, and WHEREAS, on or about the 18th day of June, 1996, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board the rezoning of the subject property, and WHEREAS, the Warren County Planning Board recommended approval, concurring with local conditions, of the requested rezoning, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Part I Short Environmental Assessment Form and a number of exhibits, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and Map described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on August 5th, 1996, at 7:00 p.m., at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held, mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, 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 such other communities or agencies that it is necessary to give written notice to pursuant to ~265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said public hearing, the proposed rezoning and notify the involved agencies that the Town Board desires to be lead agent and that a SEQRA determination will not be made until after the public hearing, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency and Warren County Planning, if necessary or not already done, in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 15th day of July, 1996, by the following vote: AYES Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF WEDGE GATE VAL VEl T APPING VALVES & SLEEVES, CAST/DUCTILE IRON FITTINGS, VALVE BOXES AND DUCTILE IRON PIPE RESOLUTION NO. 309.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of wedge gate valveltapping valves and sleeves, cast! ductile iron fittings, valve boxes and ductile iron pipe, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, the Director of Purchasing received bids from six (6) companies and opened each bid on the duly advertised bid opening date (July 11, 1996), and WHEREAS, Thomas Flaherty, Water Superintendent, reviewed the bids and has recommended that the Town award the bids to the lowest responsible bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bids as follows: ITEM BIDDER SPEC. NO. SELECTED Wedge Gate Valvel Tapping Valves & Sleeves 96-2 VELLANO BROTHERS Cast/Ductile Iron Fittings 96-3 VELLANO BROTHERS Valve Boxes 96-4 RAMSCO Ductile Iron Pipe 96-5 ATLANTIC STATES CAST IRON PIPE and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account(s). Duly adopted this 15th day of July, 1996, by the following vote: AYES Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champange NOES None ABSENT: None DISCUSSION ITEMS None TOWN BOARD MATTER Supervisor Champagne-Introduced Assemblywomen Betty Little Assemblywomen Betty Little-Spoke to the Queensbury Town Board noting that she was trying to visit the Town Boards in her district and I wanted to start with her own Town Board tonight..Highlighted the New York State Budget which was just passed noting the following: increase in School Budgets... Community Colleges had an increase of $50. per student for their aid...a number of reforms such as workmens compensation, they have set up an investigator and a fraud bureau, they have eliminated double dipping also set a premium credit-for the purchase of equipment for safer work places, predicting a 16-18% reduction in premiums workmens compensation by October 1st. ...in area of child support collection-if a party is four months in arrears in paying child support it will not be collected by Social Services case worker it will be collected by the tax collector in the County, just as if they were in back taxes...noted the budget system needs to be changed...the budget has many tax reductions, it is a beginning....will be meeting with the new DOT Regional Director Bonnie Crowley-turn lane at exit 20 is a concern...working on sign at exit 19 to say Queensbury ... sign south of exit 17 that would list Adirondack Ski Mountains... some reforms-new law eliminating the gag rule and gets more into the rights of the patient with the Health Maintenance organization...Hospital reimbursement, makes Hospitals more competitive...Child Health Plan increases from 14 to 18 year olds..allows for inpatient care also... Supervisor Champagne-do you see any major impacts on the County or Town Level. Assemblywomen Little-Tried to watch for that, the probation reimbursement was re-instated, concerned about the community mental re-investment program, they took the people out of institutions and put them in group homes they were to reinvest the savings into programs in the community so the people would be served and that was eliminated in the first budget proposal and has now been reinstated...probation-allowed for electronic monitoring...spoke about education changes...preventative programs stayed...if 2!3rds of income, comes from farming you would have property tax relief on two hundred and fifty acres of your land, no school taxes on that...we reduced the welfare roll and we have increased jobs in N.Y. State... Councilman Monahan-Workmens Compensation-raided or not? Assemblywomen Little-the second bill raided it, one time raid... Councilman Goedert-What happened with the EMS training dollars? Assemblywomen Little-It did not get moved to the Secretary of State...bill 92-29 nothing happened with it. Supervisor Champagne-Questioned CHIPS money... Assemblywomen Little-I do not think anything happened with that. Executive Director Martin-Requested that when Assemblywomen Little spoke to the Regional DOT Officia1...mention the Aviation Road Bridge...and question the deregulation of the utility industry... Assemblywomen Little-Noted nothing really happened... Supervisor Champagne-Thanked Assemblywomen Little for attending. talked about a sign on 149 coming into Route 9 to encourage traffic to turn right going north...also Mr. Naylor has agreed to put the turning lane in going south on Route 9, we are asking for the State to pay for the materials... Executive Director Martin-Regarding DOT, I am on the Transportation Counsel the Town's Technical Representative and traditionally Region I is divided into two transportation councils, we only get 15% of region one's budget but if you look at our five year plan there is a lot of big ticket items coming up on our agenda one being the bridge over the river between Glens Falls and So. Glens Falls probably 10-15 million dollar project in and of itself.. .there is a looming problem with that current funding distribution we have been getting that is not going to cut it for some of the projects that we have coming...Region I should be advised of that. Assemblywomen Little-Requested that Mr. Martin list his concerns in writing to her office...for her meeting next tuesday with DOT. Supervisor Champagne-Again Thanked Assemblywomen Little for attending. ATTORNEY MATTERS-Requested Executive Session... OPEN FORUM Mr. John Schriner-My name is John Schriner I have a camp over at Dunhams Bay in Lake George. I am back on by own behalf this time I have been here for the last eight or ten years on behalf of the Wooden and the Shortsleeves over the same problem, Dunham's Bay Boat Company. It seems that last Saturday July 6th me and my family and family and myself I do not know which way it is supposed to be, but, we were having a picnic supper and a parade of cars come down the right of way road. Well, needless to say we were eating dust and the whole bit, it turned out, I did not know who they were at that time and one fellow was a little bit further behind then the rest and I guess he decided he was going to catch up. So, he came down really good speed so I let out a yell out of me slow down and he just put it right on down an little bit faster just to show me that he was going to go as he pleased, I almost swore I am sorry but when I get excited I swear. So, the next day I approached Roger Howard we talked alone and I said to him Roger I think you know why I am up here and he said nope I haven't the slightest idea. So, I got into it you know and I know that you have been notified many times that there is no parking of automobiles up at this Boat storage facility, well he caught me by real surprise, I had told him what happened and he said no you should not have to put up with that, I can control the speed. So, we had our words and I let him know for the last ten, fifteen years he has been telling me the Town and Warren County that he can control speed but I still have the speed. So, I said you cannot control it, so anyway he informed me that it was alright for the employees of Dunhams Bay Boat Company to park up at the Boat Storage facility. I said him who told me and he said I got a letter of permission from the Town, so I ask, I said to him well I certainly would like to see that. So, he invited me down to the building to see it, but the letter never materialized. So, I figured he was just calling a bluff. So, I came down here and Jim was busy that Monday morning and so John his last name? Executive Director Martin-Goralski Mr. Schriner-He went and looked though all the records, and so forth and he said, it seems to me I do remember writing a letter, well he looked and looked and could not come up with it but it punched up something, a letter on the computer and he said, yes I did give them permission for the employees to park up there. So, I asked him at whose authority? He felt that it was just his determination of what was written but anyway I could not contain a copy of the letter either from John. But, on June 7th 1995 I will read this, this was a letter that was sent to Roger Howard. At the June 5th 1995 Town Board Meeting Mr. Schriner requested that you be put on written notice that there is no customer or employee parking allowed on your boat storage site. Further more you are allowed to storage no more than two unregistered vehicles on this site, please contact me if you have any questions. Now, this letter was sent by John Goralski and as we were having our conversation he informed me, Roger did call me I recall now and this was within a week he told me approximately of when Roger got this letter. He said I did tell him that employees could park up there. Now, I would like to know how within a week or two or a month, whatever, John could send a letter and say no parking and then in the next phrase a week or month letter tell them yes they can park. Supervisor Champagne-What is the date of that letter again please? Mr. Schriner-This is dated June 7th 1995. I was hoping John would be here, he told me he was going to try and be here and he said he would be back in touch with me but I have not got any mail from him, I have not got any telephone calls from him so I have no idea what is taking place. Councilman Pulver-Can I have that letter, so I can read it myself. Mr. Schriner-It appears to me that after all these years something must be complicated or everyone doesn't have the same determination of what a letter says. I do not know, but I run into this every year now, for the past probably eight or ten years. This thing started out way back in 1972 permit number 35 was given to the Boat Company to have a storage facility, boats only, all under cover, he violated that I turned him in for that and in return this Town gave him a permit for what he was in violation for. So, now we have an excess of traffic storage of boats outside, storage of trailers now we are into the parking of automobiles and I tell you I thought that this was going to be my first sununer in ten years that I could come up here and not have to argue. It is very disturbing and I do not feel that I should have to do this every year. So, I would like to know what we are going to do about it. Councilman Pulver-My only question is, I am reading this and it says at the June 5th 1995 Town Board meeting, I would like to see those minutes, Darleen if you could get a copy for me, Mr. John Schriner requested that you be put on written notice that there is no customer or employee parking allowed on your boat storage. Well, it doesn't say that the Town Board had said there is no parking it just says that you have requested that he be put on written notice, that is why I want to see the minutes. Mr. Schriner-That is understandable. Councilman Pulver-I am just reading what is exactly here but then he does say that you are allowed no more than two unregistered vehicles on that site, and that is all he really said. Mr. Schriner-Well, this is what started that meeting, of that letter there were two unregistered vehicles up there and I questioned as to why they were there and at that time, it is on your record or in the meeting whatever, I felt that these automobiles were put there for a purpose so at a later future date Roger could come in here, just as he did before and say, hey I have been parking cars there for years what is the big bit now? So, the intent of this whole thing, I would personally like to see this whole thing simplified in the language that everyone could understand. What is allowed up there? Supervisor Champagne-Well lets go back to the two parked vehicles, do I understand that in Town law our ordinance allows for two unlicensed vehicles so he is within the law with by having two unlicensed vehicles parked at his site, so I think that case is closed. Can we close that case? Mr. John Salvadore-In land conservation? Councilman Turner-Yes. Supervisor Champagne-Town wide, I believe that is what I recall. Executive Director Martin-That is correct. Councilman Pulver-And I think if John has made a determination that employees could park up there then wouldn't that have to be challenged, would that have to be challenged, he can make that determination, but then we, you could challenge that determination, Mr. Schriner-I want to challenge it, I want to definitely. Councilman Pulver-At the Zoning Board of Appeals. Executive Director Martin-We expect a week, it has been a week since Mr. Schriner was in, we have spent that week researching all of the documentation that exists in the Town files regarding any sort of review or consideration on this property and there is no restriction on vehicles associated with the marina being parked at that site. There was a restriction agreed to by Mr. Howard that marina patrons could not park up there at that facility. To our knowledge that has not occurred if it has we would be up there to enforce against it. But, there is no stipulation that we can find so far about marina employees parking at that site. Now I do not know if you want to cutting things that fine to say well, employees that work at the marina out by the shore should park down there, and employees that working up at the storage facility they can park up there. I do not know if there are two separate entities there. Mr. Schriner-Let me interrupt you for a minute, if you had looked back you would find a permit, the original permit says no work to be performed at the boat storage facilities site. Executive Director Martin-Yes, but you have to remember the zoning laws have changed over the years in 1982 Land conservation zoning was placed over that property and commercial boat storage with site plan review as an allowed use in that zone, he applied for that and received site plan approval for a commercial boat storage facility I was on the board, Carol was on the board when that was applied for and approved. Mr. Salvadore-When was that applied for and approved. Executive Director Martin-I think in 1990 or 91 Councilman Pulver-I was going to say '90 I think. Mr. Salvadore-When was this plan, there is no date on this? It is the landuse plan of the Town of Queensbury. Executive Director Martin-That was adopted in I think '88 or '89. Mr. Salvadore-In May of '89 then that storage facility was in a moderate density three acre residential zone, not Executive Director Martin-Not all, John I can tell you not all aspects of that map were instituted in the Zoning Ordinance, that map has no legal standing. The Zoning Map is the controlling map. Mr. Salvadore-Isn't the Zoning doesn't the Zoning Map derived, isn't it derived from this? Executive Director Martin-It can and can't. Town Council Schachner-The Zoning Map is the controlling map. Supervisor Champagne-That is the issue. Mr. Schriner-Can I ask you a question here you are saying you went back an I do not quite understand you said things have changed the Town zoning and so forth has changed? Executive Director Martin-It used to be I think R-4 up there from '67 through '82. Mr. Schriner-And you are saying that Mr. Howard applied for something different? Executive Director Martin-He applied for a commercial boat storage facility in 1990 I think and was approved for that. At the time he agreed to a stipulation that no customer parking be allowed at that site. Mr. Schreiner-Let me ask this that was just something between the boat company and the town no? Executive Director Martin-No, that was fully aired, it was in the minutes of the Planning Board that is where we found it. Councilman Pulver-It had to be advertised. Mr. Schriner-It had to be advertised. Isn't it customary when something Councilman Turner-You need notification. Executive Director Martin-There was a public hearing held on that. Mr. Schriner-I do not know what the right wording is, like something that would effect the public, being ..... people the Town always notified the people. Councilman Pulver-Within five feet. Executive Director Martin-There was notification made within five hundred feet for that application. Mr. Schriner-Then why did I not get one? Councilman Monahan-For site plan approval Jim? Executive Director Martin-Yes Councilman Monahan-For site plan approval they do. Councilman Pulver-And all the notices, don't you have to have receipts of the notices? Mr. Schriner-You reported anyone? Executive Director Martin-..we have a written list of all the people that are notified a five hundred foot list that is in every file. I can check that file and can give you the names of the people that were notified. Mr. Salvadore- I participated in that review and I wrote a number of letter that are on the record, both to the Town and to the County. The only question I had was the impact of moving boats on a state highway being towed by unlicensed vehicles, crossing over a double solid line to get into this access, that was my only question. What is the impact of this. The Planning Board did not think it was, they should ask for a traffic study from the applicant. That is on the record. Mr. Schriner-Can I ask this, you say or Jim says, that in this new change and I do not know, I am lost for words believe me, in this new change it is a boat storage facility when you say this site for a boat storage facility why would you have to add the wording there is no parking or automobiles, there is no parking of trailers there is no parking of motor homes or something, when you say this site is for boat storage only. Why do you have to have all these other things added in. Like Jim said, there is nothing in there that says you cannot park up there, it should not have to be in there that says you cannot park up there if it is for boats and boat trailers it should not have to be in there. Executive Director Martin-As I recall that was one of the items of mitigation that the Planning Board was trying to impose that would lessen the traffic that would have to go across the street and go up that driveway. Mr. Schriner-Well why don't it pertain to everybody then? Why doesn't it pertain to his employees parking. Executive Director Martin-It says customers and patrons. I do not know why it didn't say everybody. I do not know. Mr. Schriner-That is what I say the wording seems to be it is complicated and everybody seems to have a different version of this. I certainly wish at the first intention of this whole thing when Roger first started forming the boat company and there was four, one two three, four people involved, he come to the board people and told them that there would be winter storage only, and we are going to black top the road so that you don't get no dust. Here it is twenty four years later I see no blacktop and I still eat the same dust continuously every time there is traffic going up and down that road. This last thing, when the town gave them a permit to store seventy some boats outside the storage building and twenty some trailers there was a stipulation at that, that came out probably never reached writing form but it was brought out that they were going to treat the road with some special solution they had I asked Mr. Naylor if he ever heard of it no, I asked down home where I lived the town, nobody ever heard of this but Karen gave a big speech and had all the literature and this was the wonder thing, no dust. We do not even get the road treated with it. This is probably five or six years ago. I mean somewhere along the line these permits are being issued to this company and they are never being followed up and they do not live up to them. I would like to know where we go from here. Supervisor Champagne-I am not sure I have an answer until we do whatever we need to do Jim, to get the findings and the research from the minutes identify what the minutes how they compare to the ordinance certainly I am not in a position, I do not know legal council if you have any more to add. Town Council Schachner-No, I do not know anything about this controversy, so I think you are right I think Jim and his department has to continue the research. Mr. Salvadore-I would like to add a few comments, that I would like to have you crank into your research. This I believe is a product of the last comprehensive plan the town did, is that not correct. Executive Director Martin-Yes. Mr. Salvadore-This plan shows our lands adjacent to this storage facility as well as this storage facility zoned three acres rural residential medium density it says here. Clearly the boat storage building is within the parameter of that designation, that is not to be disputed. ok. Then what you are saying is the Town proceeded to develop a zoning ordinance from this plan and did not recognize that the boat storage facility was in a moderate density zone. Something is flawed, and then after the zoning ordinance was prepared ok, and our lands remained three acre lands where boat storage is not allowed ok, how clever, is not allowed they moved for site plan and legalized what they have been doing illegally up to that time. Executive Director Martin-Well just one important fact there the land conservation did not appear on that property for the first time and I said this to you on the phone in 1988 it appeared there for the first time in '82. Mr. Salvadore-Was boat storage allowed in the Town land conservation zone in 1982? Executive Director Martin-I believe it was. Mr. Salvadore-I do not think it was. I do not think it was. Supervisor Champagne-Again we can sit here at this meeting and argue this thing to daylight but reality says that we got a case, we are in a research mode we are trying to study it to analyze where the problems lie, you have brought up some issues here and I think it is between you folks and Jim's department and certainly I would want to participate in this but I do not think we are going to gain anything by arguing back and forth tonight without having the opportunity to sit down, site the reasons why you have your complaints and then try to deal with those complaints through either our ordinances or through the map John. Mr. Salvadore-I will not speak for Mr. Schriner, but I have sited my complaint tonight, I am finished with my complaint tonight. There is no reason to wait for me. Supervisor Champagne-We have got them. Mr. Schriner-You do not have to wait for me I am ready anytime, I will meet anytime. Supervisor Champagne-Do you need anything more Jim. Executive Director Martin-I would like know how the board would like to finally conclude with this would you like us to bring back our findings in a joint meeting maybe a workshop between the complainants and that board or do you want me to report to just report to you Fred and the complainants. Supervisor Champagne-I think after you work it thorough based on their concerns and you have touched base with Mark so that we are legally on the right foundation here then, yes I would like to do it at any workshop with the Board. Certainly we can call these folks in if that makes good sense. Executive Director Martin- I say that so we will have the virtue of hearing all the information we find and not just half it Supervisor Champagne-It needs to be an open discussion and I think that would be healthy for your side and certainly on our side. Executive Director Martin-We can supply copies of everything we find, minutes, resolutions, letters, anything Supervisor Champagne-If we need to tighten down what is going on up there by all means that is our job and that is what we should be doing. Executive Director Martin-I do recall the road treatment stuff, I remember that it some sort of calcium type of a thing or a liquid that they Mr. Schriner-It was called sement something, not cement, sement or some such thing as that. Unknown-..said he would do it. Mr. Schriner-One of the, this does not hold a lot of water, but I have got to tell it as it is. One of the past employees, past, now you might say well the reason he is saying this because he no longer works here. He told me at the time right after that permit was given that he was working and it was his job to put this special sealer on the road. At the time he asked Roger let me get some PVC pipe make up a spray off the back of the truck re-do the whole road his answer which I got from the employee which like I say may not hold water, but I will tell it to you anyway, Roger told him no. I am not spending any more money on that road than I absolutely have to. You pour it out as best you can and I do not want the whole road treated good. Just pour it on there get this thing settled down and that is it. That was probably five or six years ago and I do not believe that, that road to my knowledge has ever been done sense, never been done sense, it was a one shot deal. I do not care what you put on temporary it is not going to hole up it is going to hold up to the first rain then the rain is going to wash it off. Supervisor Champagne-Let us take a took at that too and see what we can find in the minutes. Mr. Schriner-Let me just take another minute of your time. When Mr. Shortsleeve passed away and left this property to me to settle his estate they had to have it appraised all right, I cannot give you the name of the appraiser because I do not know it, I have got it home but I do not have it here, it was from Glens Falls and a lady came up and I met her, let her in the camp the whole bit for the appraisal for the estate. While she was up there down comes the big ford truck with a parade of boats the cars the whole bit and she says, what it this all about. That is what I told her, its a right of way road that they have permission to use and she said does this go on all the time, I said yea. Well, I tell you and she wrote it right in the appraisal she said you cannot believe how much this is knocking off the value of this property and she did not even know that I was going to get it, I knew, because Mr. Shortsheeve told me. She did not know it, she said this has knocked this property down tremendous with this traffic going up and down the road. All of this traffic and everything this just devalues my property more and more and more and the more we add to it the lower it has got to go, plus the aggravation. I do not care about the value of the property because I ain't planning on selling it. But, the point is the aggravation to me. I thank you for your time. Supervisor Champagne-Thank you. Mr. Salvadore-With Pliney's permission I will stay here. I would like to continue. Supervisor Champagne-Give us your name again though John. Mr. Salvadore-John Salvadore North Queensbury Parallel with this problem with the Boat Company and I will lead into a situation that we have at hand. The Lake George Park Commission granted the Dunhams Bay Boat Company a Class A Marina Operators Permit and in that permit they base the level of operation on the boat company having forty two parking places within the confines, I should say North of Route 9L that is mapped that is their level of operation. Now, I do not mind telling you that, that same day that John Schriner refers to the Boat Company was having trouble parking cars would you believe that we got a telephone call asking if they could park on our property? Supervisor Champagne-And you said? Mr. Salvadore-Would you believe...We have our own problems that is exactly what we said. Noted he had been put on notice by the Lake George Park Commission that our marina operators permit from 1982 we have to update the permit...marina is a pre-existing non conforming use and in 1991 our grandfather privileged stripped from us through a zoning change...Is is agreeable to you Town that I get a permit, I would be circumventing your zoning ordinance. Noted their parameters for use are different from yours. Town Council Schachner-Town Zoning Ordinance still applies regardless of what any individual permission from a state agency... The Town is not bound by the determination of a State Agency... Mr. Salvadore-The point is the Dunhams Bay Boat Company did not go through Site Plan Review to obtain their Class A. Marina Operator permit. Executive Director Martin-Because they did not have to. Mr. Salvadore-Why would I have to? Executive Director Martin-You don't. Mr. Salvadore-The level of operation that I will be permitted at under this rule... Executive Director Martin-If either you or the Dunham's Bay Boat Company do something to take advantage of that full what is allowed under their rules and it does require a physical change to your site then you will be in need of a use variance. Mr. Salvadore-The N.Y. State Dept. of Health intending to declare the water shed rules and regulations for the Village of Lake George obsolete...! want you to know that I operate public water supplies one takes water from Lake George, the Health Dept. is after me to do filtration work and yet the same reservoir supplying water to the Village of Lake George the rules are declared obsolete...you are the public health board of the town and support the public health laws and code...what do I dO..do I try to get an avoidance? Supervisor Champagne-I think you should get an opinion from your attorney... Mr. Salvadore-Noted he has responded in writing...RE: Easement under Town Road Supervisor Champagne-That will be reviewed by the Town Attorney. Mr. Salvadore-Vessel Regulation Zone on Dunhams Bay... Executive Director Martin-We have placed a call to DEC and are awaiting a call back... Mr. Salvadore-Water front zoning regulations... Supervisor Champagne-Requested that Mr. Salvadore place his suggestion in writing regarding docks... Mr. Salvadore-Fuller Road...any resolution Supervisor Champagne-Nothing to report. Mr. Salvadore-Workshop Sessions...questioned public participation Supervisor Champagne-We open up for clarification purposes only... Mr. Salvadore-Asked for engineer report regarding water flow away from Rush Pond...and has your engineer looked at it? Executive Director Martin-Foil request...and Rist Frost has looked at it. Mr. Salvadore-Route 149 and diverting traffic north, have you talked to the businesses on the west side of Route l49..? Executive Director Martin-The idea came from one of the businessmen...the Business Association wrote a letter endorsing the idea. Mr. Pliney Tucker-Queensbury-Questioned the intersection of Western and Broad and Main Street or Corinth Road...it is a mess... Vegetable stands-they had to grow on site in order to sell it... Councilman Goedert-Not anymore Councilman Pulver-They have to have site plan review now. Executive Director-If they are looking to do this in a commercially zoned area, they need site plan review from the Planning Board to set up. Mr. Tucker-Do they come under the Transient Merchant Law? Executive Director Martin-No It is listed as a site plan review use now... Mr. Tucker-No. Qsby. Sewer - Regarding payment of No. Qsby. Sewer -I do not want to help pay for anybodies sewer...Requested that the Town Attorney call Attorney General division of Audit and Control and get their opinion if entire county must pay for the sewer in Lake George... Councilman Goedert -Spoke to the Board about the first sewer district on Quaker Road.. .no sewer no tax...why is the law different at the County level than it is at the Town Level... Supervisor Champagne-I think the argument is Lake George is a County attraction and consequently the sales taxes that comes into the tune of twelve million dollars to support a sixty million dollar budget at the County level is benefiting everyone in the County... Councilman Goedert -Questioned if it was the sewers or the runoff that is contaminating the lake? Supervisor Champagne-Noted from the studies that he has seen there are two issues, one is storm water and the other wastewater..both hurt the lake....we have the option to tax the entire county or just the users... Councilman Turner-Suggested that this be checked with Audit and Control... Supervisor Champagne-Noted he will get the opinion of the County Attorney.. Mr. Kurt Maddison-344 Haviland Road... Spoke to the Board regarding run off of water from Haviland Road into his garden...noted that he felt it was water that was not being contained at Hiland Park that has increased the flow down Haviland Road and entered his property...do they have a right to direct the water from Hiland down Haviland Road? Supervisor Champagne-That property is supposed to manage its own storm water runoff... Mr Maddison-(showed pictures) noted this is the second time this year..noted he had spoken to Hiland Park and they said they would not do anything unless it could be proven by an engineering study that the water originates on his property... Executive Director Martin-We will look at all the records of the drainage plans and make sure everything was installed as designed for a starting point ... Mr. John Schriner-I just remembered, I asked Jim the question why I was not notified, number one I did not own the property at that time..and I was present at the meeting...! apologize... Mr. Salvadore-Noted that Clough Harbor prepared an engineer study on this project and it was their determination that the average annual earned income was $40,000 household, therefore the burden of carrying the sewer project and I guess that is why the County fathers decided maybe they should use the county funds to support it the danger is the following the same archectect that are putting together this project put together the trash plant...the danger is enormous cost overruns...questioned who gets to vote? Supervisor Champagne-It will be the benefit district that will vote... RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 310.96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that Audit of Bills as dated July 15, 1996 and numbered 96-2289 through 96-31140 and totaling $233,822.65 be and hereby is approved. Duly adopted this 15th day of July, 1996 by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 311.96 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 moves into Executive Session to discuss two matters of ligation and one matter of potential litigation and or real property acquisition. Duly adopted this 15th day of July, 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, Miss Darleen M. Dougher Town Clerk-Queensbury