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1997-12-01 REGULAR TOWN BOARD MEETING DECEMBER 1, 1997 7:08 P.M. MTG#55 RES#437-442 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, HENERY HESS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, JOHN GORALSKI PRESS POST STAR PUBLIC HEARING PROPOSED LOCAL LAW TELECOMMUNICATION TOWERS OPENED 7:09 P.M. NOTICE SHOWN SUPERVISOR CHAMPAGNE-I'll ask John if he would brief us where we are with that law and give us an explanation what's it is all about. EXECUTIVE DIRECTOR, MR. GORALSKI-I've been working with Mark's office on this law. We drafted it based on other laws that have been adopted within the State, information that we got from the Association of Towns and the New York State Department of State. At this point, I just handed you a copy of a couple of minor changes that we've made to the law most of them are house keeping changes to correct wording deficiencies in the wording. The only thing that was changed of any substance would be. . . . SUPERVISOR CHAMPAGNE-Page 2, John you've got it crossed out there. EXECUTIVE DIRECTOR, MR. GORALSKI -Like, I said most of that stuff is just kind of cleaning up the language. In one spot where it talks about places that will allow new telecommunications towers. Originally it said, Municipally owned facilities already containing telecommunications towers. It seems that most of the communities ... simply allowing them where there are existing communication towers, in other words you are allowed to co-locate on an existing telecommunication tower, so basically all we did was take out the word municipal. COUNCILMAN MONAHAN-It's on Two, B, John. EXECUTIVE DIRECTOR, MR. GORALSKI -Section II,B. Right, right on the first page, Section II, B. What we are proposing that to now read, any Light Industrial and Heavy Industrial Zone and any property where towers or tall structures exist. COUNCILMAN MONAHAN-John on Page 4...... SUPERVISOR CHAMPAGNE-Betty before we go to four can I stop you at two? COUNCILMAN MONAHAN-Sure. SUPERVISOR CHAMPAGNE-E, 1. Read that site plan to me again where you crossed out accordance with Section 179-105, how does that read? EXECUTIVE DIRECTOR, MR. MARTIN-Site Plan Review. Site Plan in addition to the requirements of Article V of Section 179 the following shall apply: Article V of Section 179 is the Site Plan review section of the Zoning Ordinance. In addition to the requirements of that section there are special conditions that apply specifically to cellular towers that need to be addressed during the site plan review. SUPERVISOR CHAMPAGNE-Okay, so we don't have to say anything about site plans describe in Article V, that doesn't need to be a part of that statement? EXECUTIVE DIRECTOR, MR. GORALSKI-We're saying in addition to that. SUPERVISOR CHAMPAGNE-Okay, now I follow. COUNCILMAN MONAHAN-lA, John, I'm assuming that got taken out because that should be some kind of a contract between the applicant and the person who already owns the tower and it is none of our business. EXECUTIVE DIRECTOR, MR. GORALSKI-Right, we don't care who is paying for it somebody is going to have to pay for it. The requirement is there and whoever pays for it, it is up to thern. Betty you talk about the requirement for some type of bond for removal of the tower. I talked to several municipalities I also talked to several telecommunication companies. Most of them the municipalities, most of them have this letter N which is on Page 9, Maintenance and/or Escrow Account. Not most all of those municipalities have utilized that paragraph for requiring bonding when they felt it was necessary. The telecommunication company that I talked to said that it is very difficult to put a specific amount or requirement for a bond when you are building the tower to address every tower because they are all different. Different construction, different heights, different locations, so this has been used. Keith Manz who is the Director of Community Development in Wilton told me that they just a couple of weeks ago approved one and required a bond. The Planning Board when they did their site plan review required a bond and it worked very well that way. SUPERVISOR CHAMPAGNE-We're talking about disassembly right? EXECUTIVE DIRECTOR, MR. GORALSKI-Correct. For disassembly and maintenance. SUPERVISOR CHAMPAGNE-Anyone here care to speak? I don't know that you know the law all that well at this point. But, I guess the option is here if you chose to make any comments based on what you heard certainly the mic is opened and we'd like to hear from you. EXECUTIVE DIRECTOR, MR. GORALSKI-The other thing I would like to add is that because of these minor changes that we've made what we recommend you do is leave the public hearing opened until your meeting of the sixteenth, fifteenth, I'm sorry and then take action at that point if you wish. SUPERVISOR CHAMPAGNE-Hearing from anyone? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-Okay, then we will leave... ... COUNCILMAN MONAHAN-John on Page 6, it's a new I -Tower Design. The maximum height of any new tower shall exceed that which is necessary to provide service. EXECUTIVE DIRECTOR, MR. GORALSKI-Right, I need to find the legal language for that. The FCC requires that you allow a tower to be constructed so that they can fill in the gaps in their service. I have to find out what the FCC language for that is and that's what we're going to put in there. PUBLIC HEARING TO REMAIN OPENED RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 437, 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 1st day of December, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION ORDINANCE SETTING PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL FOR JOHN SALVADOR, JR. AND KATHLEEN A. SALVADOR RESOLUTION NO. 41, 97 INTRODUCED BY: MRS. CAROL PULVER MOTION WITHDRAWN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. FRED CHAMPAGNE DISCUSSION HELD SUPERVISOR CHAMPAGNE-You had an opportunity to read their proposal. It's to put a holding tank, I believe it's along Alexy Lane. The only concern I would have obviously is that there appears to be more than adequate room to move the tank back so that. . . . . . COUNCILMAN PULVER-This is just to set the public hearing. SUPERVISOR CHAMPAGNE-I realize that. SUPERVISOR CHAMPAGNE-I just thought I make that comment for the board's review as we look this over for the public hearing. COUNCILMAN PULVER-Isn't Dave Hatin going to give us his recommendation on it? SUPERVISOR CHAMPAGNE-Yes, he will. COUNCILMAN MONAHAN-John I'm not quite sure from this what it's suppose to service. EXECUTIVE DIRECTOR, MR. GORALSKI-Mr. Salvador was made aware that he doesn't have a specific residence proposed. He said he is going to be proposing a residence and he is going to be applying for a couple of setbacks variances and that this was, he felt this was his only alternative for sewage disposal system. When we explained to him that typically there is a house proposed he said that at the time of the public hearing he will have house plans available for your review. COUNCILMAN MONAHAN-But he has not submitted to your office site plans showing a house on it? EXECUTIVE DIRECTOR, MR. GORALSKI-That's correct. COUNCILMAN MONAHAN-He does not say this is going to service anything that he already has in place from any answers to his questions here. EXECUTIVE DIRECTOR, MR. GORALSKI-The explanation he has given me is that he intends to seek several setback variances to build a residence between the shore of Lake George and 9L in the general vicinity that's shaded on his plan. Then he would pump his affluent under 9L to the holding tanks on the property shown on that plan. SUPERVISOR CHAMPAGNE-I guess my concern is whether it's the cart and the horse or the horse out of the barn. It just seems to me that to approve this without a purpose or a reason even for having it until a site plan it would seem to me as if he would want to go for the whole ball of wax in a single shot. EXECUTIVE DIRECTOR, MR. GORALSKI-Typically what happens is that somebody applies if they are going to the Zoning Board and/or the Planning Board and also need a sewage disposal variance they usually apply for them all at the same time. SUPERVISOR CHAMPAGNE-Right. EXECUTIVE DIRECTOR, MR. GORALSKI-This is unusual in that you don't have a specific house that he has presented on these plans. When we explained that to Mr. Salvador he said he would have that available at the meeting. COUNCILMAN MONAHAN-But, he hasn't been to the Zoning Board to get his other variances for setbacks or anything like that. EXECUTIVE DIRECTOR, MR. GORALSKI-There is no requirement that he does that. In the past you have granted sewage disposal variances prior to applicants receiving their Zoning Board Appeals approvals. COUNCILMAN GOEDERT-Being that he wants to go under 9L John wouldn't that require somebody else besides us? EXECUTIVE DIRECTOR, MR. GORALSKI -He will require a work permit from New York State DOT. COUNCILMAN MONAHAN-Before have we required people to get some kind of letter from the governmental body involved saying that they are willing to give that permit if the Town gives their permit? It seems to me sometimes when they've had to get DEC permits and things like that we have said, you get that permit first and then come back to us? EXECUTIVE DIRECTOR, MR. GORALSKI-I'm not sure specifically about sewage disposal variances. Often times if there is a work permit required from either Warren County DPW or New York State DOT the Planning Board has required a letter prior to issuing a final site plan approval. I'm not even sure this has ever come up in the context of a sewage disposal variance. COUNCILMAN MONAHAN-He's got a proposed routing that shows it going under the highway. EXECUTIVE DIRECTOR, MR. GORALSKI-I'm just saying in the past I don't think any other application has ever come up. COUNCILMAN MONAHAN-I can think of one and I would have to check it because I know they had to get a DEC permit and I'll have to check it to make sure which way that worked. I'm a little uncomfortable with this at this juncture. SUPERVISOR CHAMP AGNE-I suppose it doesn't do any harm to set a public hearing. But, if John were here I guess I would have to ask the variance that he is asking for John is the distance between the road here and the septic tank. . . . . . EXECUTIVE DIRECTOR, MR. GORALSKI-The variance he is asking for is simply to have a year round residence on holding tanks. COUNCILMAN MONAHAN-That takes a variance from us. What kind of setback variances is he going to go for with the Zoning Board of a Appeals? EXECUTIVE DIRECTOR, MR. GORALSKI-He will definitely need a shore line setback variance. He will definitely need a front yard setback variance. COUNCILMAN MONAHAN-Of a great amount right percentage wise probably? EXECUTIVE DIRECTOR, MR. GORALSKI-Absolutely. COUNCILMAN MONAHAN-I would say that this is premature. SUPERVISOR CHAMPAGNE-Turn to the environmental assessment form where it says Item #8. Will propose action comply with existing zoning and other existing land use restrictions, do you have a copy here in front of you? EXECUTIVE DIRECTOR, MR. GORALSKI-No. SUPERVISOR CHAMPAGNE-What it says here yes, no, if no describe briefly. John has written in here setback variance will be required. EXECUTIVE DIRECTOR, MR. GORALSKI-Right. Setback for the building not for the septic system. The question is regarding the zoning of the project. SUPERVISOR CHAMPAGNE-There will be variances required for that also? EXECUTIVE DIRECTOR, MR. MARTIN-For the building, yes. SUPERVISOR CHAMPAGNE-I guess, I'll entertain a motion to set the public hearing. COUNCILMAN PULVER-Do we have a date? SUPERVISOR CHAMPAGNE-The fifteenth. COUNCILMAN PULVER-I'll move it. SUPERVISOR CHAMPAGNE-Moved by Carol, seconded by Fred. Any further discussion? COUNCILMAN TURNER-If you are going to propose that resolution he ought to bring his variances that he needs that's required for his residence so we know where the residence is going to be on the property, what the setbacks are going to be and everything else. We've got half an application, we've got a septic system with no house. He says he is going to bring them and that's fine. COUNCILMAN MONAHAN-How is the Town Board going to judge anything and have that kind of information come in the night that you do it that's kind of a sloppy way to do anything. COUNCILMAN GOEDERT-Then why don't you table it and re-set the public hearing after all the paperwork is put in. COUNCILMAN TURNER-That would be the other way to do it. COUNCILMAN MONAHAN-To me this is an incomplete application. COUNCILMAN PUL VER-I think it should be the same thing make it after January 1st. SUPERVISOR CHAMPAGNE-The consensus is that we hold and set it sometime at a later date. COUNCILMAN PULVER-I'll withdrawal my motion. SUPERVISOR CHAMPAGNE-I'll withdrawal my second. COUNCILMAN MONAHAN-I think, you know set the public hearing when we have the complete site plan that we can look at. I never remembered doing one of these without a complete site plan. Like I said, there is no way you can look at a site plan that night and make. . . . SUPERVISOR CHAMPAGNE-You don't have to vote on it that night. We have a public hearing we hear what information came in. COUNCILMAN MONAHAN-It's not even fair to the pubic they have a right to come and look at this stuff ahead of time. Once you set a public hearing we don't have a form to look at. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 41, 97 INTRODUCED BY: MR. THEODORE TURNER 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 1st, day of December, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR TRANI SENT MARKET LICENSE\TRANSIENT MERCHANT MARKET SETTING PUBLIC HEARING ON FOR NAOMI POLITO RESOLUTION NO.: 438,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Naomi Polito has made application to the Town Board of the Town of Queensbury for a Transient Merchant and/or Transient Merchant Market license for setting up tents in the parking area and selling an assortment of motorcycle geared products at 1652 State Route 9, in the Town of Queensbury, Warren County, New York, June 1-7, 1998 from 9:00 a.m. to 10:00 p.m., in accordance with the provisions of Chapter 160 of the Code of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury previously forwarded said application to the Town of Queensbury Planning Board for recommendation and site plan review, and WHEREAS, the Queensbury Planning Board approved this Transient Merchant and/or Transient Merchant Market License application at its September 23, 1997 meeting, and WHEREAS, the Warren County Planing Board resolution indicated "No County Impact" at its September 10, 1997 meeting, and WHEREAS, the Town Board of the Town of Queensbury desires to schedule a public hearing on the application as is also required by Chapter 160 of the Code of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that a public hearing will be held regarding the request for a transient merchant market license for Naomi Polito on the 15th day of December, 1997 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York and at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall give notice of said public hearing to the applicant and owners of property within 500 feet of the applicant's property by regular mail and that a notice of said public hearing shall likewise be published in the official newspaper of the Town a minimum often (10) days prior to the time of the hearing, and BE IT FURTHER, RESOLVED, that the notice of public hearing shall contain the name of the applicant, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board, i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by Town Counsel. Duly adopted this 1st day of December, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING WEST GLENS FALLS # 1 AND BAY RIDGE FIRE COMPANIES TO OBTAIN NEW YORK STATE HEALTH DEPARTMENT AGENCY NUMBERS RESOLUTION NO. 439, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the West Glens Falls Fire Co. #1, Inc. and the Bay Ridge Fire Company are desirous of obtaining New York State Department of Health Agency Numbers to be certified as Basic Life Support, Non-Transport agencies, and WHEREAS, this agency number requires a statement of approval from the Town Board of the Town of Queensbury as the governing municipality, and WHEREAS, the agency number allows the members of the above named fire companies to be trained to certified first responders or emergency medical technician status and the associated costs would be paid for by New York State, and WHEREAS, this agency number does not allow the fire companies to arbitrarily supply EMS services, as a signed document from the fire company and appropriate emergency squad must be filed with the Warren County Communications Center to allow dispatch and all other requests for assistance to the emergency squad will be honored through dispatch under the Warren County mutual aid plan, NOW, THEREFORE, BE IT RESOLVED, that the West Glens Falls #1 and Bay Ridge Fire Companies are hereby authorized to obtain New York State Health Department Agency Numbers, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to send an appropriate letter to the New York State Department of Health in support of the Fire Companies' request. Duly adopted this 1st day of December, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Champagne Goedert, Mr. NOES: None ABSENT: None DISCUSSION HELD BEFORE VOTE: REPRESENT A TIVES FROM FIRE COMPANIES - MIKE PALMER, WEST GLENS FALLS VOLUNTTER FIRE COMPANY #1, CHIP MELLON, BAY RIDGE VOLUNTEER FIRE COMPANY SUPERVISOR CHAMPAGNE-Read the following into the record. The first responders from West Glens Falls Fire Company No. I Inc., would be alerted by the Warren County Dispatch Center Fire Control on our normal alert frequency for response to motor vehicle accidents and to any medical emergency calls agreed upon by the Captain of the West Glens Falls Emergency Squad and this agency. The first responders would utilize the rescue truck or properly equipped engine as their primary vehicle. This agency would be a non transport agency. Supervisor Champagne questioned in order for them to make the application do they need the signature of the Supervisor? MR. PALMER-To obtain Department of Health Certification number you require the signature of the local municipality. COUNCILMAN GOEDERT -Questioned if they are looking for a certification number from the Department of Health or an agency number? MR. PALMER-Looking for an agency number from the Department of Health for Certified First Response Basic Life Support and non-transport agency number. COUNCILMAN GOEDERT-In favor of the agency number not in favor of the way the letter is written. Doesn't believe the agency number has anything to do with the response. It has to do with the schooling and how it is being paid for. MR. PALMER-With the agency number is allows the training to be conducted and paid for by the State of New York. COUNCIILMAN GOEDERT-Questioned if that is all they are asking for? MR. P ALMER-Correct. MR. MELLON-Noted the major reason they need the agency number their training expenses will not be covered unless they have the agency number. COUNCILMAN MONAHAN-Questioned when members are certified what will it mean as far as equipment? MR. PALMER-The equipment is already on the apparatus. SUPERVISOR CHAMPAGNE-Questioned if Councilman Goedert has any problem with the training? COUNCILMAN GOEDERT -Not with the training. For the agency code number not according to Mike's letter, according to Chip's letter I am in total agreement to it. SUPERVISOR CHAMPAGNE-Noted the board's duty is to authorize these companies to enter into application with the Department of Health in order to get an agency number it ends right there. Whatever agreement you come up with the Rescue Squads is between you and the Rescue Squads. RESOLUTION TO APPROPRIATE FUND BALANCE AND SET APPROPRIATIONS IN QUEENSBURY WATER FUND RESOLUTION NO.: 440, 97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to pay $60,000 in principal and $45,240 in interest on a Bond Anticipation Note issued in December of 1996 for Water Treatment Plant Expansion Project, after the 1997 budget had been adopted, and WHEREAS, all requirements of New York State Local and Finance Laws have been met to appropriate fund balance, and WHEREAS, the Queensbury Water District has sufficient surplus fund balance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appropriates $105,240 in surplus fund balance and increases 1997 appropriations in the following accounts: 40-9730-6030 - BAN. principal $ 60,000. 40-9730-7030 - BAN. interest $ 45,240. Duly adopted this 19th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD CONTROLLER, MR. HESS-Noted this is printed up at a $100,000 with a principal reduction the schedule amount is $60,000. NEW BUSINESS DISCUSSION - GLEN LAKE WATERSHED MANAGEMENT PLAN Presented to Board Glen Lake Watershed Management Plan DAN KANE- Gave the board a brief summary of the Glen Lake Watershed Management Plan. Noted the Watershed Management Plan was a product of funding received through the Town from the rural New York Action Grant which was received in 1994. Noted there are seven thousand acres in the watershed they have been looking at. Three hundred twenty acres consist of the lake the rest being surrounding areas that are in the watershed. They look at the scientific measures of some of the impacts of land use in the watershed. Developed a partnership with Adirondack Community College to do a lot of the testing, a lot of cooperation from New York State DEC to help put the plan together. It is a series of data collection that has been on going for the last two, two and a half years as well as opinion surveys from the residents of the watershed. It is not a document for adoption as a local law or ordinance. It is a series of recommendations that the Technical Advisory Committee is giving to the Town Board to do with what they chose. Asked the board to read through the plan. TOWN BOARD MEMBERS MATTERS COUNCILMAN GOEDERT-Spoke to the board regarding the reappointment of Larry Ringer to the Planning Board noted Mr. Ringer's term is about to expire. After further discussion it was the decision of the board to prepare a resolution for the December 15th meeting reappointing Mr. Ringer. CONTROLLER, MR. HESS-Spoke to the board regarding the request for proposals that were sent to Auditing Firms for 1997. Made a recommendation to the board asking if you would like to interview any of the candidates. Supervisor Champagne asked the board if they wanted to interview all three candidates or go by the recommendation of the Controller. After further discussion it was the decision of the Town Board to go by recommendation of the Controller to hire Cusack & Company. Resolution to be prepared for December 15th meeting. SUPERVISOR CHAMPAGNE-Noted Friday, December 5th at six o'clock Holiday Tree Lighting Ceremony will be held. Councilman Monahan thanked the group that worked on this project recommended that the board to do a formal acknowledgment. ATTORNEY MATTERS TOWN COUNSEL, MR. SCHACHNER-Handed to board members a list of people who attended Birdsall Road Meeting. SUPERVISOR CHAMPAGNE-Spoke to the board regarding phone call received at four o'clock from the Attorney who is handling the Northway Plaza properties, noting they are interested in refinancing. In order to do this they have to go through DEC review of some of the property which at one time it had been identified with some contamination. Noted they would like to close on the refinancing by the end of the month asked if they could go on the Pine View Cemetery property to drill a couple wells to take a closer look at it. Resolution presented at board meeting. TOWN COUNSEL, MR. SCHACHNER-Noted the proposed resolution would authorize the Northway Plaza property owners to enter onto the Pine View Cemetery property for the purpose of conducting the environmental investigation they want to conduct. Received a fax from the GIA Firm describing what they want to do with a map attached to it of the area in which they want to do the probes they are talking about. The resolution states they would be authorized to enter onto the Pine View Cemetery property for this purpose but only if they meet certain conditions. The conditions proposed are that we receive and review a redemption investigation plan which is what was faxed to us, but thinks it would be appropriate for us to review might want to ask John Goralski or a consulting engineer to review it on our behalf. The contingency listed in the resolve of the proposed resolution indicates that we would receive a plan that we as Town Counsel and/or consulting engineer would approve. Would also receive appropriate certificates of insurance and hold harmless imdenimtication language. Noted they don't have any of these things yet it would be contingency to your authorization. They want to be on the site next Monday, December 8th to do their test holes on that date and complete them on that date. SUPERVISOR CHAMPAGNE-Would have to ask Rodney Mosher to contact the Commission to get their approval. COUNCILMAN MONAHAN-Noted according to the law passed by the State of New York the Board of Cemetery Commissioners shall have the entire management, supervision, and control of the cemeteries and the places provided for burial. Questioned if they find the property has been contaminated asking under the law do they then become responsible for the cleanup? TOWN COUNSEL, MR. SCHACHNER-Under Federal, State, Environmental Laws any number of parties can potentially be held responsible for cleanup of contamination which would include the generator in this case it would not be the Town meaning who generated whatever it was that contaminated. The transporter if there was any, I assume there was not a transporter here, I think we're talking about physical leakage across physical property. Owner of the property is also one of the potentially responsible parties and that would be the Town and the Pine View Cemetery. Recommended not to authorize it unless we have not only the appropriate certificate of insurance, but also the hold harmless and indenmification from these people so if there is a cleanup requirement they have to pay for it. COUNCILMAN MONAHAN-Noted cannot act on this until the Commission meets which will be December 3rd at 9:00 a.rn. SUPERVISOR CHAMPAGNE-Questioned if this could be a contingency that goes into the resolution? TOWN COUNSEL, MR. SCHACHNER-Recommended adding a last paragraph that says, further resolved, that such authorization shall also be contingent on similar authorization being obtained from the Pine View Cemetery Commission. COUNCILMAN GOEDERT -Noted that this comes under the Cemetery Commission not the Town Board. Questioned if there is anyway this could be held until Workshop? COUNCILMAN MONAHAN-Noted this is a better way to do it. SUPERVISOR CHAMPAGNE-Questioned if this is acted on by the Commission does it need to come back to the Town Board? TOWN COUNSEL, MR. SCHACHNER-Noted it is very possible that this is strictly a Cemetery Commission issue noting it is not a bad idea to have joint authorization. After further discussion it was the decision of the board to hold until Workshop. OPEN FORUM PLINEY TUCKER, QUEENSBURY-Questioned if the board has given any thought to recognize the accomplishment of the Football Team? SUPERVISOR CHAMPAGNE-Noted it has been discussed. Would like to do a proclamation at this point. COUNCILMAN GOEDERT-Noted every team that has made it to the State Championship should be recognized. After further discussion it was the decision to contact Queensbury School at that point will identify sectional winners and state winners or ones that have made it to the states in all sports. MR. TUCKER-Spoke to the board regarding the article in the paper concerning AMG Industries questioned if the article is true? SUPERVISOR CHAMPAGNE-Yes, it is true. MR. TUCKER-Requested that the FBI take a look into this also. SUPERVISOR CHAMPAGNE-Noted there will be a thorough investigation on the Towns part. COUNCILMAN MONAHAN-Noted she would like to discuss this in Executive Session. SUPERVISOR CHAMPAGNE-Noted from his position has not met as a board to further discuss this will go to whatever extremes he has to in order to recoup the funding that was originally given to them. OPEN FORUM CLOSED 8: 17 P.M. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 441, 97 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. THEODORE TURNER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss negotiations, non union salaries, AMG Industries, attorney/client Moreau Water and Hudson Falls Water Contracts, one personnel matter. Duly adopted this 1st day of December, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 442, 97 INTRODUCED BY: MRS. CAROL PULVER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. CONNIE GOEDERT RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 1st day of December, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent: :None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury