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1977-10-04 168 RESOLUTION TO APPOINT DOG ENUMERATOR FOR 1977 -RESOLUTION NO. 227, Introduced by Mr. Daniel Olson who moved its adoption, seconded by Mrs. Frances Walter: WHEREAS. amaally in September of: each year the Town Board of each town shall appoint a resident or residents or designate the Police Department to prepare a list of persons in such town{ owning or harboring dogs, therefore be it = = RESOLVED, that A.J. Huntington be and he hereby is appointed Dog Enumerator under the provisions of Section 108 of the Agriculture and Markets Law .for the year, 1977. j Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mrs.. Walter, Mr. Robertgen., ,Mr. Brandt Noes: None Absent: None On motion the meeting was adjourned. Respectfully, Donald A. Chase Town Clerk Town of Queensbury SPECIAL TOWN BOARD MEETING OCTOBER 4, 1977 MEMBERS PRESENT: Michel Brandt-Supervisor Daniel Olson-Councilman Robert Barber-Councilman u Frances Walter-Councilman Hammond Robertson-Councilman ABSENT: Joseph Brennan-Town Counsel PRESS: G. F. Post Star, WWSC TOWN OFFICIALS: Harold Boynton, Ahting Chief Judkins, George Liapes Shirley Shenk GUESTS : Representatives of Finch Pruyn and Co. , Mrs. Potter, Mr. Glen Greeno, Mr. Arthur Turnbull Meeting Opened 7: 32 P.M. Salute to the Flag led by Supervisor Michel Brandt. BID OPENING NOTICE READ POLICE CAR SUPERVISOR BRANDT- Requested that the Town Clerk open and read the bids received. DONALD A. CHASE- Two bids were received. TOWN CLERK Whiteman Chevrolet Glens Falls , N.Y. 2-1978 Chevrolet Impalas $10,958. 00 approximately 90 day delivery non collusive attached Glen Ford, Inc. 116 Saratoga Ave. So. Glens Falls, N.Y. 2-LTD II S 4 DRSD noted exceptions to specifications : 1. no locking type throttle control 2. Instruments (Gauges may not be avail. from factory) 3. Two (2) Barrel carb available only $9, 276. 00 4-6 weeks delivery non collusive attached. 169 COUNCILMAN ROBERTSON- Requested that the Bids be turned over to the Police Acting Chief for his recommendation. (Noted the 19ublic Hearing on the Comeau Mobile Home was cancelled) MOBILE HOME PUBLIC HEARING ALAN CONVERSE NOTICE SHOWN Address 12 Mosher Hill, Hudson Falls to locate a mobile home off Burch Rd. property owned by Alan Converse. . .Reasons for application stated. . . 1975 ; Concord 14'x70' mobile home Building & Zoning Dept. stated recommendations j on application. . . ­ Mr. Converse was present. SUPERVISOR BRANDT- Opened the public hearing 7 : 37 P.M. Asked for public input. . . COUNCILMAN ROBERTSON- Questioned if the 350' to an additional 300' will be a private driveway or ddeded ad a public road? ALAN CONVERSE- The property is 65' wide and is off Burch Road and is to be a private driveway. . . the property off Warren Lane is owned by my father. . . COUNCILMAN ROBERTSON- Saw problem with 750'of road that has to be plowed to get out. . . further development of the property will I►inge on subdivisions, do not wastit to see this get off on the wrong foot,:_.on the record that we are opening a subdivision or what have you. SUPERVISOR BRANDT- As I understand there is not public road j intended, is that correct? ALAN CONVERSE- That is correct. SUPERVISOR BRANDT- There is no intent to build a road that will eventuall y to. be intended. to be deeded to the town, ALAN CONVERSE- No there is not, it is going to be a private driveway. COUNCILMAN BARBER- Questioned the ownership of property adjacent to your property— to give access. . . ALAN CONVERSE- The 65' is in my deed. . . COUNCILMAN BARBER- What road intersects with the 651 ? ALAN CONVERSE- April Lane, owned by my father. . . COUNCILMAN OLSON- Noted that there will be no town services there, you can not expect the town to plow your driveway. . .questioned if the property would be used for other sites in the future? ALAN CONVERSE- That you would have to take up with my father. ` - COUNCILMAN ROBERTSON- A concern is accepting your site will there be more? want to go on record that we have some serions ,problemsbefore any more of them . . get in there, because it is a private road. COUNCILMAN BARBER- When do you intent to open that road? ALAN CONVERSE- - - As soon as the deed is completed. ` COUNCILMAN BARBER- The mobile home is there? You can just get through there now? ALKS CONVERSE- The mobile home is there. . . The driveway 170 is 65' wide, it is in better shape than Warren Lane. COUNCILMAN BARBER- Questioned the condition of the road in the spring? ALAN CONVERSE- Noted good drainage . . . no problem with water or mud. SUPERVISOR BRANDT- Asked for fhrther comments, no one spoke, declared the public hearing closed. 7:44 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 228, Introduced by Mr. Michel Brandt who moved its adoption, seconded by Mr. Daniel Olson: WHEREAS, . Alan Converse has made application in accordance with paragraph 2 (c) Section 4, of. an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated W Burch Road, and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or agAinst said application, and WHEREAS, it is hereby determined. that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application, therefoee be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Alan Converse to locate a mobile home at property situated off Burch Road, and. that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and conditions of said ordinance, and be it further RESOLVED, that in approving this application in no way is the Town accepting a Nowra Taw%t .nghmay .V*tffi !eh&e- application. Duly adopted by the following vote: Ayes: Mr. Olson, Mrs. Walter, Mr. Robertson, Mr. Brandt Noes : Mr. Barber Absent: None PUBLIC HEARING-FINCH PRUYN DISPOSAL SITE-NOTICE SHOWN SUPERVISOR BRANDT- Opened the Hearing 7:46 P.M. requested Mr. Nolan to address the Town Board. ROBERT NOLAN- Attorney for Finch Pruyn. . . introduced My. Roger Hague Secretary of Finch Pruyn and Co. and Mr. John Shema, Chief Engineer for Finch Pruyn. . .reviewed the application noting the location on the easterly boundry of the Town approximately 45 acres , of this 8 acres to be used for this project. also adjacatt to the Town of Queensbury, City of Glens Falls Landfill. Noted that applications were made to ENCON and APA for this project and approval was received. . . commented on the strict requirements from each agency. . .APA approval received August 12, 1977 and August 3rd. 1977 ENCON approval received. . . The Zoning Ordinance of the Town of Queensbury does nbt address itself to this type of project. . . an attboney for the Town noted bhat as per Town Ordinance No. 8 was relivant and Finch Pruyn must make applica- to the Town Board—that is why we are here tonight. COUNCILMAN ROBERTSON- Requested a description of the material that will be dumped. . . 1.71 MR. JOHN SHEMA- described that material as wood fiber; sand, silt, bark finds, clay, paper starch. . : described the recent biologicial system. . . The area is a natural area because of the sand and gravel. Test were conducted to find water levels. There is no indication of water. Discussed the landfill operation they will be doing. Vents will be installed to help the gas . leak out. MR. OLSON- How long will you be using this site? MR. SHEMA- About three years.We propose to burn much of this material. MRS. WALTER- Who made the determination that you would seek the approval of APA and ENCON? MR. NOLAN- The officials of Finch Pruyn. MR. HAGUE- According to law we must get ENCON approval. MRS WALTER- Because you had approval of ENCON and APA did that obviate you from local approval? MR. HAGUE- We checked and there was no violation of the -Zoning laws. MRS. WALTER- On the Application, item No. 6, could somebody explain that to me? MR. NOLAN- When these ravines are filled in you will have a view looking northerly over Route 149. This land will be reclaimed for natural development. MR. BRANDT- Finch Pruyn has devoted their energies in the past 'to solve pollution problems. The town has the responsibility to help solve those problems and keep a healthy industry here. MR. NOLAN- This takes the burden off the public landfill. MR. BRANDT- This will help the residents along Ridge Rd where some of the trash has been left. Trucking will be done during regular working hours instead of early in the morning or late at night. I MR. OLSON- Are APA and ENCON going to monitor this operation? MR. HAGUE- We• have' to report terrain and topography changes. They have a right to come in and inspect almost anytime. MR. OLSON I have seen a lot of your trucks going to the landfill and I have not seen one that is uncovered. MR. GREENO- Finch- Pruyn should have first, gone to the local town government and then gone to APA and ENCON. Final decision rest with the town. `— I am concerned with the bypassing of this local town board and using state agencies. What firm was used to do this work. What Troup of lawyers represented you? MR. HAGUE- McPhillips, Fitzgerald and Meyer. MR. GREENO- Were these the consultants you used. MR. HAGUE Yes; they are our corporate attornies. MR. GREENO- Who is our town attorney associated with? 172 MR. BRANDT- It is the same firm. Mr. Brennan divorced himself from any input to us. He would have nothing to do with advising the town because of a possible conflict of interest. MR. GREENO- How long after the application was submitted did he do this? MR. BRANDT- He did this as soon as the application was questioned. MR. GREENO- What was the date? MR. ROBERTSON- It is a matter of record. MR. GREENO- I think this is important. MR. BRANDT- If you are implying an impropiety on their part, I do not think there is one. MR. GREENO- Then at no time w�gw Mr. Brennan used as a consultant to thrs. MR. BARBER- Mr. Brennan is just a member of this very large law firm which handles Finch Pruyn business. Part 360 spell out that DEC is the lead agency. Anyone in industry who tries to start a landfill operation has to start with DEC. It is their responst-bility to notify the community. DEC, AEA or the Warren County Planning Board had the courtesy to notify this Town Board. That is where the fault lies. MR. BRANDT- I was informed, I did review them and they were highly technical.I did not check to see if it was a violation of our Refuse damping ordinance. I am a human being and I just did not see or understand that to u be the situation. When our attorney read it in the paper he immediately advised me that he would not address himself to it. I talked to Finch Pruyn and they said our dumping ordinance did not apply. I took it upon myself to contact an attorney who was knowledgeable on town law. Mr. Lawson has scrutinized it very hard and decided that it did apply. In discussion with Finch Pruyn, Mr. Lawson and myself, to try and not argue the case but state each other views, to avoid litigation and process this thing along in a peaceful manner if possible. Efforts can be wasted in courts. They said they would respect our laws, that is why they are making this submission tonight. MR. GREENO- I am concerned that you can bypass town. government when it comes to land use. . At the last meeting many of the board members voiced their discuss with APA and DEC. Finch Pruyn should be able to come. here and get their answer. i MR. BARBER This town board is on record unanimously as being against the dealings of DEC. Town Board members did go to those hearings and objected to the regulations that were proposed. MR. TURNBtJLL- Asked about the purchase of 45 acres from Finch Pruyn. MR. BRANDT- That is not related to this hearing. MR. TURNBULL- fa essence it is, if you let me finish. 173 SUPERVISOR BRANDT- Reviewed the Option afreement regarding the purhhase of land from Finch Pruyh. ARTHUR TURNBULL- . . .Questioned the amount of land in existance. . . SUPERVISOR BRANDT- There are two parce73 of land. . . ROGER HAGUE- The parcel that we are using contains eight acres, contains approximately 40 acres in the gown of Queensbury. The total purchase was 120 acres. —There was a second purchase of 64 acres. We were asked if we could part with 45 acres by the Warren Co. Sewer l Agency or Refuse Agency yes we think we can. . . ARTHUR TURNBULL- Is some of this property in Washington Co. ? ROGER HAGUE- Yes. ARTHUR TURNBULL- Questioned the removal of gravel from one place to another—Questioned if the moisture will be removed from the material so that tt can be burned? JOHN SHEMA- Described the process of burning the material. ARTHUR TURNBULL- You can use the material with its moisture content and burn it with out any additional fuel? JOHN SHEMA- Yes: After ignition. ARTHUR TURNBULL- . . .do not like the way they circumvented our government. . . .noted that to his knoweldge Finch Pruyn has not given one cent to the Town for the use of its landfill for the last three years—now, as of today or yesterday we are going to have to pay 60 cents a cubic yaad to anybody that dumped in out landfill , I can see the reason w#y- -this outfit is being motivated to have its own landfill, after ally they are one of the biggest fillers of our landfill. . . .Why don' t they donate the land we need to project our landfill further with a provisal when ever the landfill is finished itsutilization that this be turned into a recreational area for the Town. MRS. POTTER- Resident of 149. COUNCILMAN BARBER- Are you a resident of the Town of Queensbury? MRBS.POTTER No, I am not., I am right on the line . COUNCILMAN BARBER You are a resident of Washington Co. MRS. POTTER- 180 Acres has been purchased, is this all meat for dumping of sludge? ROGER HAGUE- The property was bought in one parcel ahe man would not split it up. LMRS. POTTER- Did you buy it with the intention of dumping? ROGER HAGUE- Yes. MRS. POTTER- Questioned why trucke were rerouted around Glens Falls , was it due to the odor? ROGER HAGUE- There was complaints on Ridge St. that our trucks were too heavy and the Common Council requested that we re-route. . . MRS. POTTER- Complained about the oddr to the sludge. . . brought in a sample. . . 174 ROGER HAGUE- This is hard to believe. . .reviewed his process at the landfill for pumping and covering. . . MRS. POTTER- Questioned why the road was built to the property for dumping before the approval was received? i ROGER HAGUE- The Road was built and logs were taken out. . . if approval was not gotten the road would just be there. COUNCILMAN BARBER- Suggested that Mrs. Potter refer her problems to the Town of Fort Ann. SUPERVISOR BRANDT- Noted that the Town is not immune to Mrs. Potter' s Concerns —noted that he had visited the site and did not notice an odor. . . MRS. POTTER- Questioned the concern she had over the water . . . all on wells. . . SUPERVISOR BRANDT- This is under the law. . Encon has jurisdiction to check this. . .encon has made the decision that they are not requiring test wells. . . there will be ground water samples taken and tested from time to time. . . HAROLD BOYNTON- Verified that the oddr is present. . .on occasions. . . ARTHUR TURNBULL- Questioned if the Board was aware that the property was partly in Washington Co. and does the Washington Co. residents know hhat this is being considered as a land- fill. Questioned if anything had been done to stop the odor? JOHN SHEMA- Reviewed the chlorination process etc. for q the removal of the oddr. COUNCILMAN WALTER- Noted that Mr. Nolan stated a good ease and that they have eleviated the problems at the Qsby. G. F. Landfill—questioned if the hours of running the trucks to the site could be more reasonable? Could we stipulate the hours of apgtatteal - COUNCILMAN BARBER- I do not know how you could do that without volunteer action on their part. SUPERVISOR BRANDT- Noted the comments in regard to the odor. . . questioned if the odor could be coming from our own landfill. . . septic waste GLEN GREENO- Questioned who the final authority lies with in regard to issuing a permit to operate& A SUPERVISOR BRANDT- The Town has the final say. . . MRS. WALTER - Objected to the method of procedure as far as this application is concerned. We do have an ordinance thh town. I w6aid not like this to be a precedent for other industries . We should look into our home rules first. i 175 RESOLUTION GIVING FINCH PRUYN APPROVAL TO OPERATE A DISPOSAL AND LAND RECLAMATION PROJECT IN THE TOWN OF QUEENSBURY RESOLUTION NO. 229. introduced by Mr. Brandt who moved its adoption seconded by Mr. Robertson WHEREAS, pursuant to Ordinance No. 8 of the Town of Queensbury entitled "ORDINANCE TO REGULATE ,DUKPS AND GARBAGE 'DISPOSAL IN THE TOWN OF QUEENSBURY" Section 3. , stating any person who shall desire and intend to establish operate and. maintain a dump or facility for the disposal of garbage and . rubbish in the Town of Queensbury may make application in writing to the Town Board for a permit to establish, operate or maintain such dump or facility for the disposal of garbage and rubbish. Such application shall contain the name and address of the applicant, the status of the applicant if other than an individual, a description of the parcel of land on which it ti to be located, a map of bhe particular area proposed to be used for such purpose , a detailed statement of the manner of disposal proposed to be used, and any other pertinent information which may be required by the Town Board and WHEREAS, the Finch Pruyn and Company, Inc. New York has proposed that they would like to present an application to the Town Board of the Town of Queensbury to operate a facility at: ALL THOSE PREMISES SITUATE IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK, AND BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING at a stone monument marked "South-east corner Lawrence Patent, 1770"; thence N 04® degrees-09' -34" E, 861. 34 feet; thence N 03° -28" -45" E, 255.20 feet; thence N 030 -24"-56" E , 530.25 feet; thence N 02° -58"-09" E, 163. 05 feet; thence N 03° -57"-04" E, 425.93 feet to an iron pipe for a corner on the southerly side of Route 149; thence 8 87° -59"-10" E, 939.17 feet to an iron pipe for a corner; thence S Off -15"-31" W, 708.97 feet; thence S 85' -15 '017" E,. 72 -feet more or less to a corner; thence S 4° -15"-31" W, 1560 feet to a corner; thence N 86°' -27"-14" W, 969. 32 feet to the point or place of beginning, and� that a public hearing would be held on such applicatinn and WHEREAS, such application was presented and a public hearing held thereon —,October the 4th 1977, Now, Therefore be it RESOLVED, that Finch Pruyn and Co. , Inc. be given approval to operate a disposal and land reclamation project on the premises listed above. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mrs . Walter, Mr. Robertson, Mr. Brandt Noes : None Absent: None DISCUSSION ON PERMISSION TO LOCATE A GUY WIRE ON TOWN PROPERTY BY NIAGARA MOHAWK COUNCILMAN BARBER- Requested that the proposed resolution be tabled and that Town Counsel review this proposed resolution due to the fact that there ,is pending IL tigation in regard to the property. . . COUNCILMAN OLRON- Requested that Town Counsel look into liability problems too. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 230 Introduced by Mr. Robert Barber who moved it adoption, seconds-c by Mr. Michel Brandt: WHEREAS, an additional sum is required in the Police Contractual Account A 3120.44, therefore be it RESOLVED, to transfer $3,000:00 from A 3120.1 Police Personal Services to A 3120. 44 Police Contractual. Duly adopted by the following vote: Ayes: Mr. Olson, Mr. Barber, Mrs. Walter, Mr. Robertson, Mr. Brandt 176 Noes : None Absent: None TEMPORARY MOBILE HOME APPLICATION ROBERT S. ELLSWORTH - R.D.1 Lake George, to locate a travel trailer on Gravel Pit-Dream Lake on property owned by Mr. Robert S. Ellsworth. . . Reasnme for the application stated on application. . . Mr. Boynton- Reviewed his recommendations. . . COUNCILMAN ROBERTSON- Stated that this can be acted on tonight since this is a temporary permit. . . _ RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION N0, 231, Introduced by Mr. Hammond Robertson who moved its alloption, seconded by MR. Robert Barber: WHEREAS , Robert S. Ellsworth has made application in accordance with paragraph 2 (a) Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court it property , situated Dream Lake Gravel Pit, and `t° WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to Robert S. Ellsworth to locate a mobile home outside of a licensed mobile home court for a period of three months at property situated at Dream Lake Gravel Pit, Town of Queensbury, and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and con- ditions of said ordinance. Duly adopted by the following vote : Ayes: Mr. Olson, MR. Barber, Mrs . Walter, Mr. Robertson, Mr. Brandt Noes: None Absent: None DONALD A. CHASE- passed out copies of the Supervisor's tentAtive budget to the Councilman. COMMUNICATIONS 1. Inventory of Highway Machinery, Tools and Equipment COUNCILMAN WALTER- Questioned how often must this list be submitted? COUNCILMAN BARBER- By ,l aw . . .by Sept. 30th of each year. Ltr. September 22, 1977 Mr. Frederick Austin County Superintendent of Public Works 261 Main Street Witrrensburg, New York 12885 Re: Area Speed Request Midnight Drive Sout# Heinrick Street Town of Queensbury Warren County Dear Mr. Austin: 177 Our review of your request concerning an area speed zone in the Midnight Drive South, Heinrick Street area has now been completed. Orders for a '30 mile per hour awes zone have been written by us and you should receive an approved copy very shorter. Please do not erect any signs until you receive these orders. Again we thank you for your interest in taaffic safety and for bginging this location 'to our attention. Very truly yours, /s/ , J. W. Kelly Regional Tuaffic Engineer `— JWK:WTB: c s OPEN FORUM 9:09 P.M. COUNCILMAN BARBER- Requested that the Supervisor write an letter of apology to the balloonist that was ticketed on the Northway. . . SUPERVISOR BRANDT- Noted that the balloonist has said that she will come again next yaar. . .will write a letter to the balloonist. SUSAN GOETZ- Questioned why the sewage waste was going to the Town Landfill and not the City sewer plant? COUNCILMAN BARBER- Commented that the City has gone out for bids on modifications to the existing treatment plant so that sewage treatment can be received. Sewage Haulers are licensed by the state and t1ld where to put the material the Town of Queensbury is the only acceptable facility in the entire area acceptable by DEC. SUSAN GOETZ- Questioned what the time period will be? SUPERVISOR BRANDT- Would hate to say what the time table will be. . .noted hesitancy of ENCON, finalize a facility to accept sewage material. . . in their plant. . . COUNCILMAN BARBER- Noted approval of Mr. Corlis§, Mr. Davis and Mr. Buckley to go to the city approx. one and a half years ago. . .only as a result of the advant of somebody in a local engineeri'+q firm that got involved that said that the city system possibly could not accept it and that is where the problem statted. . .Noted that . . . part of the problems of the Burnbaws had was from some of the septic haulers dumping into the Osby. Plaza Package plant. ARTHUR TURNBULL- Asked if the other local mnuicipalit*es refused to accept sewage waste in their land- fills? COUNCILMAN BARBER- No, They are not an acceptable' - -facility deemed by DEC. SUPERVISOR BRXRDT- There is a need for a road between Sherman Avenue and Luzerne Road, there is an agreement in principal subject to the approval of the two boards to give us the right to build a road between Sherman Ave. and Luzerne Road adjaealttto the W.G.F. Fire House on City lands! We still have to get approval from Niagara Hobkawk for a small piece. The agreement is that for exchange for that land I offered, which would have to be approved, to rent a bulldozer to do the klearing which could happen rapidly. We would rent the machine for 178 a one month period. The balance of that rental period would be used to start trimming old Mt. Trashmore in preparation for seeding and grooming, obviously in a months time we would not finish that project but it would be a start, as we have done on the very end of the pile, with the refuse agency. to get it seeded down and stabilized and looking a little better. Details have to be worked out , I have talked with Carl, the type of equipment that can be used on the refuse pile is a big question. The City is willing to cooperate, they are willing to give us a piece of land for our road and are willing to accept a littli help in getting started on Mt. Trashmore, maybe we can get started on resolving that problem. COUNCILMAN ROBERTSON- Is what you are proposing an overall plan that has been approved by DEC? And what assurance do we have that we are not going to get into more troubles digging it out without that assurance than we have leaving it alone? SUPERVISOR BRANDT- That is between the city and ENCON. They told me to make this statement and they would address themselves to it formally, I guess what they are saying that they are ready to address the whole question. COUNCILMAN ROBERTSON- I do not have objections to it, I do not want the Town to wind up in the middle with obne responsibilities that we do not have now. SUPERVISOR BRANDT- Would like to get the road build and graveled this year. . . COUNCILMAN OLSON- The idea of putting a redd through there —' is not a new idea. . . the City has something to bargin with letting us use some of their land and bargin off we will do something to clean up the present landfill. SUPERVISOR BRANDT- I think what we are offering is a very small part of cleaning up Mt. Trashmore. COUNCILMAN OLSON- Noted that the City residents will also benfifit from the road. I would hestitate to go to far and spend to much money unless you have a good plan worked out, for beautifying that landfill. SUPERVISOR BRANDT- That is not for us . . . COUNCILMAN BARBER- Noted that this has been an on going probletp, three shpervisor' s have tried to put a road through there—The problem of the closure of the landfill is the 7dity's .... and DEC has not mandated them to close it. . . do not believe DEC knows how to close that j landfill. . .afraid that DEC will say leave it as it is and mulch it. . . if we put forth that we do not accept any lia- bility for the closure of that landfill then we should proceed. COUNCILMAN WALTER- Questioned, was it not part of the deal for the City to take care of the landfill on Luzerne Road? SUPERVISOR BRANDT- It really was not part of my agreement, it has to be an agreement between the City and ENCON. I think the City formally did not close that they discontinued use of it. i 179 SUPERVISOR BRANDT- Noted economically this is very good deal for the town. . .it is a generous offer on the part of the City. COUNCILMAN BARBER- Suggested that the Board empower the Supv. to contactr 'the mayor to make arrangements to accomplish the fact, with full understanding that there is no liability accepted by the Town to close the landfill. I make this in the form of a resolution. I COUNCILMAN WAFTER- I will second that, to empower the Supvervisor to aegotiate with the City with no decisions being made until we see something more concrete on what the arrangements will be. SUPERVISOR BRANDT- 'I do not treed that motion I can negotiate with them with what I have, I really do not need that motion, so thank you I won' t ask for any more. If you want to give me something more difini Live more definite somewhat more of a con.ttment I would enjoy that. COUNCILMAN ROBERTSON- .L am not against this I want to talk about it more. SUPERVISOR BRANWT- I have been negotiating for months. . .noted that we must move rapidly if we want to get something done before the freeze. . . COUNCILMAN WALTER- Does the City share the same feklings? SUPERVISOR BARBER- . . . if this costs us no more than the rental of a dozer for one month. . . I think that is ' a satisfactory solution to the problem. SUPERVISOR BRANDT- Have spoken with the Attorney and City on this. . .could accept this ,subject to legal review by the Town Attorney. . . the legal end would be either a lease of the property for the duration of the life of the road or deed dedication of the read, in my opinion that is for the attornies to decide, our committment is one-we will not accept responsibility for the closure of Mt. Trash- more in our actions two-we would like to im- plement the funding of the dozer of what- ever size is the correct size to do the job and three- if we could move rapidly subject bo the approval of the attornies. I will introduce a motion to that effect. The motion says we accept the funding of the dozer of the correct size as decided by the City officials who will have to do the work on Mr. Trashmore, our Town Highway Supg.has said it is not important to him which size machine we use, . .I am proposing a motion that we empower Supv. to enter into an agreement subject to the approval of the Toem°Attorney and City Attorney in which we wouadl fund the rental of one month for a dozer, size to be determine( by the City, to give us a right to build a road west of West Glens Falls Fire House, between Sherman Ave. and Luzerne Road. COUNCILMAN ROBERTSON- What type of dollars are you talking about? COUNCILMAN BARBER- Monthly rental of a D-6 is 3, 000. 1 I will second the motion. First I will withdraw my Orguious resolution and then second Mr. Brandt' s motion. COUNCILMAN ROBERTSON- Is there a dollar size in the resolution? 180 SUPERVISOR BRANDT- It is one month rental of the correct size dozer. Put a dollar limit of a maximum of 7, 000 dollars . COUNCILMAN ROBERTSON- That dollar figure does that only include rental or labor too? COUNCILMAN BARBER- I suggest that we do not rent an operator, use men from the Town or County ve( Ctyy. . . Questioned where the gravel is coming from? SUPERVISOR BRANDT- I would assume it would be from our own gravel bald. COUNCILMAN BARBER- Suggested that we negotiate with the City and take the gravel out of the Sherman Avenue Pit. Questioned if the Highway Supt. has placed` a figure on the building of this road? SUPERVISOR BRANDT- Noted that the Highway Supt., noted that if the weather heiddhe could do it this year. Very little involved in the clearing for the road. . .use existing crews. . .within the budget he has. . . COUNCILMAN OLSON- Noted that there were too many if' s, in favor of road, don' t want to spend that kind of money to cut down Mr. Trashmore. . . feel that that is an obligation of the City. . . Questioned if we could not buy the land from the City? SUPERVISOR BRANDT- You prop-osed to purchase the land I tried to use the purchase money to stimulate the closing of the landfill. The purchase of land would mean more money. . . f COUNCILMAN BARBER- Noted that he would prefer to have the land deeded for the road. . .noted that it be in the range of 7 to 8 thousand. . . COUNCILMAN WALTER- Questioned how much longer will it take Glens Falls to close the landfill. . .requested a time element. . . SUPERVISOR BRANDT- I can not obtain that for you. . .I do not have a legal right to force that . . . if you would like to enter into discussions with them please do. COUNCILMAR BARBER- Spoke on the importance of the road. . . COUNCILMAN WALTER- We can look at that landfill for any length of time? COUNCILMAN BARBER- Conct6vablg. No question.-about it. COUNCILMAN ROBERTSON- Questioned if in acquiring the land for the road does the town have to get involved with the City Mt. Trashmore? _ a SUPERVISOR BRANDT- No it is k6fidred' s of feet away from it. COUNCILMAN ROBERTSON- . Reviewed the proposition of the Supsrvisor. . . Who will go with the Suild&kkk? SUPERVISOR BRANDT- Oily they can. . . f COUNCILMAN ROBERTSON- We should have a deed to the land. . . 181 RESOLUTION TO EMPOWER THE TOWN SUPERVISOR TO ENTER INTO AGREEMENT WITH THE CITY RESOLUTION NO. 232, Introduced by Mr. Michel Brandt who moved its adoption, seconded y Mr. Robert Barber: WHEREAS , the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to enter into an agreamUt4with the City of Glens Falls for the duadblishment of a roadway between Sherman Avenue and Luzerne Road, and WHEREAS, the Town Board agrees to accept the funding of a one month rental of a bulldozer, size to be determined by the City, -and amount not to exceed $7, 000. 00 , dozer to be used in the building of the roadway and the balance of the one month period for the City use on the Landfill at Luzerne Road, Now, Therefore be it RESOLVED, the Town Board of the Town of Queensbury authorizes the Supervisor to enter into such an agreement with the City of Glens Falls subject to the approval of the Town and City Attornies. Duly adopted by the following vote: Ayes : Mr. Barber Mr. Robertson, Mr. Brandt Noes: Mr. Olson, Mrs. Walter Absent: None On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase, Town Clerk REGULAR MEETING OCTOBER 11, 1977 MEMBERS PRESENT: Michel Brandt, Supervisor Daniee Olson, Councilman Robert Barber, Councilman ' Frances Walter, Councilman Hammond Robertson, Councilman Joseph Brennan, Town Counsel PRESS: G. F. Post Star TOWN OFFICIALS: Carl Garb, George Liapes, Shirley Shenk GUESTS : Don Clements , Mr. Dunn, Mr. Sherman Meeting Opened 7: 31 P.M. Salute to the Flag led by Donald A. Chase, Town Clerk BID OPENING-HIGHWAY PICKUP TRUCK-NOTICE SHOWN SUPERVISOR BRANDT- Requested the Tmn Clerk to open and read the bids. DONALD CHASE- Read the following bdlds . . . .on file in Town TOWN CLERK Clerk' s Office Fodd Garage Co. Inc. 1978 Pickup Non Collusive attached 109 Warren Street Glens Falls, N.Y. Net Delivered Price $7375. 00 Whiteman Chevytown 1978 Chevrolet Pickup Non Collusive attached Glens Falls, N.Y. Net Delivered Price $6870. 00 Carswell Truck Center, Inc. 1978 Pickup Non Collusive attached 685 Glen Street Glens Falls, N.Y. Net Delivered Price $6994. 00