Loading...
1997-11-03 REGULAR TOWN BOARD MEETING NOVEMBER 3, 1997 MTG#50 RES#409-418 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS CONTROLLER, HENRY HESS EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, JOHN GORALSKI DEPUTY WASTEWATER DIRECTOR, MIKE SHAW PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN PUBLIC HEARINGS LOCAL LAW TO AMEND THE CODE AMENDING CHAPTER 182 ENTITLED "CIVIL ENFORCEMENT" BY RENUMBERING IT AS CHAPTER 7 NOTICE SHOWN OPENED 7:05 P.M. SUPERVISOR CHAMPAGNE-I don't know if there is anyone here tonight that chooses to speak to that. What we're trying to do is when we applied for the codification we found that Chapter 182 was evidently a listing in the appendix. We we're asked to change that to Chapter 7 which makes more sense especially in alphabetical order so that's what this public hearing is all about. If there is anyone here that would like to speak on behalf of moving that, one way or the other, I would be more than willing to listen to it. NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-Anything on behalf of the board, if not I guess we're ready to vote. PUBLIC HEARING CLOSED 7: 06 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 10 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY AMENDING CHAPTER 182 ENTITLED, "CIVIL ENFORCEMENT" BY RENUMBERING IT AS CHAPTER 7 RESOLUTION NO. 409, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by amending Chapter 182 entitled, "Civil Enforcement," by renumbering it as Chapter 7, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on November 3, 1997, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury by amending Chapter 182 entitled, "Civil Enforcement," to be known as Local Law No. 10, 1997, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None LOCAL LAW NO. 10, OF 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY AMENDING CHAPTER 182 ENTITLED, "CIVIL ENFORCEMENT" BY RENUMBERING IT AS CHAPTER 7 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by renumbering Chapter 182, entitled "Civil "Enforcement," which was duly adopted by the Town Board of the Town of Queensbury on July 7, 1997, as Chapter 7. SECTION 2. Effective Date. This Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in Section 27 of the New York Municipal Home Rule Law. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 410,97 INTRODUCED BY: MRS. CONNIE GOEDERT WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 3rd of November, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None AbsentNone RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. & MRS. DONALD BRESS RESOLUTION NO.: 35, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Mr. & Mrs. Donald Bress have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standards providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Absorption 100' Field and WHEREAS, Mr. & Mrs. Donald Bress have indicated a desire to place an absorption field 75' from the existing well on the property rather than placing it at the mandated 100' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 17th, 1997, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. & Mrs. Donald Bress to place an absorption field 75' from the existing well on the property rather than placing it at the mandated 100' distance, on property situated at 1285 Ridge Road, Town of Queensbury, New York, and bearing Tax Map No.: Section 51, Block 1, Lot 18, 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, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR LARRY W. CLUTE RESOLUTION NO.: 36,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, Larry Clute has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be an 85 feet distance between the leachfield and the well in lieu of the required 100 feet distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 17, 1997, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Larry Clute to allow an 85 feet distance between the leachfield and the well in lieu of the required 100 feet distance on property situated at the corner of Hewitt and Sunnyside North, Town of Queensbury, New York, and bearing Tax Map No. Section 50, Block 1, Lot 8.2, 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, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None COUNCILMAN MONAHAN-Noted she would like to know the size of the two vacant lots one on Hewitt Road, and one on East Drive. Need to have more information before public hearing is held. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 37, 97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 3rd day of November, 1997, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None AbsentNone CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Read the following letters into the record. Letter dated October 28th, 1997 from Sharon & John Moynihan, 9 Cline Avenue, Queensbury. To Whom It May Concern: I am writing this letter in regard to work that was done, by the town, on the lower end of Cline Avenue on October 22nd and 23rd of this year. Through the time and effort of our Supervisor, Mr. Ted Turner, a new catch basin and a repaving of the road area has alleviated an on going water problem in front of our home. Again, I cannot thank Mr. Turner enough for his efforts on our behalf. I would be remiss if I did not mention the excellent work that was done by Mr. Chuck Garb and his crew. They were most cooperative in explaining how the work was to be done and how it would result in eliminating the water problem. Again a grateful thank you to Mr. Turner for working so hard on our behalf. It was a job well done by all. Sincerely, Sharon & Jim Moynihan *FYI Through and after the rain storm on October 26th and 27th, not a puddle. Letter dated October 15, 1997 from JCPenny Support Our Schools Program Dear Supervisor Champagne: We are writing this letter to let you know what a wonderful experience we had with Mr. Kip Grant, your Town Fire Marshall. Mr. Grant agreed to appear at our Support Our Schools Program on Sunday, September 28, 1997 with very short notice. He spend the whole day giving demonstrations and showing videos that were very well received. JCPenny Support Our Schools Program is a nationwide yearly event that our company holds to help schools raise money for projects that are important to their individual schools. At the same time we like to invite guests such as Mr. Grant in an effort to promote safety and awareness programs that will help them. Mr. Grant has more visitors to his display than anyone else and we all learned a great deal about fire safety. Thank you for your support and hopefully we can work with Mr. Grant again next year. Cordially, JCPenny Support Out Schools Store Chairpersons Marie Petrie and Merrill Inzerra RESOLUTIONS RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 411,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, certain Town Departments have requested fund transfers for the 1997 Budget and the Chief Fiscal Officer has approved said requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows for the 1997 budget: FROM: BUILDING AND GROUNDS: TO: 01-1620-4300-0022 (Utilities) 01-1620-4300-0022 (Utilities) 01-1620-4070-0022 (Equip. Repair & Maintenance) 01-1620-1400-0002 (Laborer "A" Overtime) 01-1620-1470-0002 (Foreman Overtime) 01-1620-4791 (Equipment Maintenance) FROM: COMMUNITY DEVELOPMENT: TO: 001-3620-4410 (Gasoline) 001-3620-4400 (Misc. Contractual) SUPERVISOR: FROM: 01-1220-4400 (Misc. Contractual) WATER: FROM: 40-8340-4291 (Meters) and BE IT FURTHER, 001-3650-4400 (Demo. of Unsafe Bldg.) 001-3650-4400 (Demo. of Unsafe Bldg.) TO: 01-1220-4010 (Office Supplies) TO: 40-8340-2050 (Radio) RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 3rd day of November, 1997, by the following vote: NOES: None AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. ABSENT:None Champagne $ $ 900. $ $ $ AMOUNT: 800. 500. 1,000. $ AMOUNT: 100. $ AMOUNT: 300. $ AMOUNT: 400. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR COLLECTION AND DELIVERY OF COMPACTED SOLID WASTE FROM TWO TRANSFER STATIONS TO ADIRONDACK RESOURCE RECOVERY FACILITY RESOLUTION NO. 412,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of receiving Bids for the furnishing of all labor, material and equipment necessary for the collection of solid waste that will be compacted at the Town of Queensbury/City of Glens Falls Transfer Stations located off Ridge and Luzerne Roads in the Town of Queensbury and transferring or delivering said solid waste to the Adirondack Resource Recovery Facility located at River Street, Hudson Falls, New York, for which services are more specifically identified in the proposed Bid Documents submitted to this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said collection and delivery of solid waste, be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than November 21, 1997, at 2:00 p.rn., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., November 21, 1997, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING EXPENDITURE FOR HOLIDAY TREE LIGHTING CEREMONY RESOLUTION NO.: 413,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Friends of the Town of Queensbury will hold its annual Holiday Tree Lighting on Friday, December 5, 1997 at 6:00 p.m., and WHEREAS, all residents in the Town of Queensbury are invited to this public event, and WHEREAS, the Town Board of the Town of Queensbury desires to appropriate funds for expenses associated with the event in an amount not to exceed $1,500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appropriates a sum not to exceed $1,500 to the Friends of the Town of Queensbury for expenses associated with the annual Holiday Tree Lighting, including but not limited to, advertising, entertainment, refreshments and photographs to be paid for from the Celebrations Account No. 01-7550-4400, and BE IT FURTHER, RESOLVED, that any funds not expended by the Friends of the Town of Queensbury for the annual Holiday Tree Lighting shall be returned to the Town of Queensbury. Duly adopted this 3rd day of November, 1997 by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION RETAINING H. THOMAS JARRETT, P.E. TO PROVIDE ENGINEERING SERVICES IN CONJUNCTION WITH PROPOSED LUZERNE ROAD SEWER DISTRICT FORMATION RESOLUTION NO.: 414,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury and Town Director of Wastewater wish to retain professional engineering services concerning the proposed Luzerne Road Sewer District formation, and WHEREAS, H. Thomas Jarrett, P.E. has offered to provide the necessary engineering services, which include the preparation of a map, plan and report, for an amount of $2,200, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of the professional engineering services of H. Thomas Jarrett, P.E. for the preparation of a map, plan and report concerning the proposed formation of the Luzerne Road Sewer District at a cost not to exceed $2,200, and BE IT FURTHER, RESOLVED, that the services shall be paid for from the Engineering Services - Miscellaneous Contractual Account #01-1440-4400. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 415,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1997 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the BUILDING & GROUNDS: FROM: TO: $ AMOUNT: 01-1620-4650-23 (Air Conditioner/ Furnace Repairs) 01-5132-4400 (Misc. Contractual) $ 550. 01-5132-2001 (Misc. Equipment) 01-5132-4400 (Miscellaneous) 200. 01-1620-4670-22 (Telephone Repairs) 01-1620-4110-22 800. (Vehicle Repair & Maintenance) 01-1620-4650-22 (Air Conditioner/ Furnace Repairs) 01-1620-4791 (Equipment Maintenance) $ 750. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING THE RETENTION OF ADIRONDACK ENVIRONMENTAL SERVICE, INC., FOR WATER TESTING AND SAMPLING AT THE TOWN OF QUEENSBURY LANDFILL RESOLUTION NO.: 416,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, it is necessary for the Town of Queensbury to arrange for water testing of wells situated at the Town of Queensbury Landfill at Ridge Road during 1998, and WHEREAS, the Solid Waste Facility Operator, James Coughlin, has previously solicited proposals for the testing of the wells and waters at the Landfill from three different companies, and WHEREAS, Mr. Coughlin, in his memo dated October 17, 1997, recommends that the Town Board award the bid for the well and water testing to the lowest bidder, Adirondack Environmental Services, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the retention of the services of Adirondack Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill at a sum not to exceed $5,470.00, to be paid for from Account No.: 92 8160 4400, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or the Solid Waste Facility Operator is hereby authorized and directed to make such arrangements as may be necessary to carry out the purposes and intent of this resolution and should it be necessary for the Town to execute any particular agreement with regard to this service, that the same shall be in a form to be approved by Town Counsel. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING RETENTION OF ALVEY & COTE, LTD. FOR APPRAISAL SERVICES FOR ARTICLE 7 ASSESSMENT PROCEEDINGS RESOLUTION NO.: 417,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Price Chopper Operating Co., Inc.lGolub Corporation, Grossman and MB-New York, Inc./Martin's Foods have commenced Article 7 real property tax assessment proceedings against the Town of Queensbury for the tax years 1993, 1994, 1995, 1996 and 1997, and WHEREAS, the Town is required to file appraisals with the Court and the Town Board desires to retain appraisal services in connection with these assessment matters, and WHEREAS, the Town Assessor, in conjunction with Town Counsel, has recommended that the Town Board retain the appraisal services of Alvey & Cote, Ltd., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment of Alvey & Cote, Ltd., for the purposes of generating preliminary appraisals and any appraisals that may be necessary for trial purposes for the three litigation matters referenced above, at a total cost not to exceed $10,000, and BE IT FURTHER, RESOLVED, that the costs of the services provided for in this resolution shall be paid for from Account #01-1355-4740. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO INSTALL STREET LIGHT AT ENTRANCE TO ADIRONDACK MANOR ON BAY ROAD RESOLUTION NO.: 418,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of a street light at the entrance to Adirondack Manor on Bay Road, in Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the following street light be installed: One (1) 100 watt high pressure sodium lamp and standard luminaire at Pole #104 at the entrance to Adirondack Manor on Bay Road, at an annual cost of $129.56, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all necessary arrangements for such installation through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said light shall be paid for as a general Town charge. Duly adopted this 3rd day of November, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None PLANNED DISCUSSIONS OLD BUSINESS SUPERVISOR CHAMPAGNE-Received information from Mr. Naylor that the contract between the Town and the County is not satisfactory and will hold off for this year until we see how it works in other towns. SUPERVISOR CHAMPAGNE-Noted the Queensbury School Board has decided not to run the sewer line across the bridge due to the fact there are no funds available and they were unable to get State Education Department approvals in a timely fashion to do the project, Town will wait until the school is ready to do the sewer extension. Noted it would be illegal on part of the Town to borrow the money to do the project. TOWN BOARD MEMBER MATTERS SUPERVISOR CHAMPAGNE-Noted on Thursday at seven o'clock budget hearing will be held. ATTORNEY MATTERS TOWN COUNSEL, MARK SCHACHNER-Spoke to the board regarding the memorandum about the Town Board Meeting format., Status of Birdsall Road noted they can talk about this at workshop, needs the Highway Superintendent there and the people who are going to be involved. COUNCILMAN GOEDERT-Noted her concern if there is a snow storm between now and the meeting who would plow the road. SUPERVISOR CHAMPAGNE-Noted if it snows that Mr. Naylor would probably do just as he has done for the last eighteen years. COUNCILMAN GOEDERT-Noted her concern is to protect the people that have lived up there for years who say the road was never taken care of. SUPERVISOR CHAMPAGNE-Questioned if the board would like the people from Birdsall Road to attend workshop? TOWN BOARD-Noted they need to know all the facts. OPEN FORUM MR. SALVADORE-Spoke to the board regarding his concern for the approval of an application for a building permit for the Morse property on Assembly Point. Noted the project is going to be built in a critical environmental area, believes the Lake George Park Commission Stormwater Regulations are still in affect and are jurisdictional in that area. Noted his concern that the application has been pulled from County review. EXECUTIVE DIRECTOR, MR. GORALSKI-Regarding the ZBA not being aware that this was in a critical environmental area the board members get copies of the agendas. Listed are the zones that the project is in as well as if its in a critical environmental area, noting this was done on the Morse application. The Planning Board is reviewing this tabled it at the last meeting because Rist Frost was not satisfied with the Stormwater Management Plan as it was presented, noting the Planning Board uses the standards that it set forth in the Subdivision Regulations. The Lake George Park Commission jurisdiction is up to the Lake George Park Commission they do not enforce their stormwater regulations. A year ago the Town and County entered into an agreement whereby residential projects that were not within twenty feet of a county road or right-a-way would not have to go to Warren County Planning. This application was sent to the Warren County Planning Board at first then it was realized it was not within twenty feet of a county road or right-a-way. Notified the Warren County Board it did not have to be reviewed. MR. SALVADOR-Noted he has a copy of the agreement. The agreement is between the Warren County Planning Board and the Town of Queensbury Planning Board, Queensbury Zoning Board of Appeals and the Queensbury Town Board. Asked if the three boards have collectively made a determination.? SUPERVISOR CHAMPAGNE-No. When the Planning Board makes that determination it stops at that level. EXECUITVE DIRECTOR, MR. GORALSKI-The Town Board is jurisdiction of this project was the septic variance, Warren County Planning Board has no jurisdiction over the septic variance. The Planning Board and Zoning Board have entrusted the staff with forwarding all applications that meet the statutory requirements to the Warren County Planning Board, noting it was his determination that this project fell under the criteria in the agreement that's why it was not sent to the Warren County Planning Board. No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury