2000-05-01
REGULAR TOWN BOARD MEETING
MAY 1,2000
7:00 p.m.
MTG.#22
RES. 197-211
BOH. 12-14
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DENNIS BROWER
COUNCILMAN JAMES MARTIN
COUNCILMAN THEODORE TURNER
COUNCILMAN DANIEL STEC
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 197.2000
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board
of Health.
Duly adopted this 1st day of May, 2000 by the following vote:
AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
1.0PUBLIC HEARING
SEWAGE DISPOSAL VARIANCE APPLICATION OF SHAUKA T BHATTI DBA: ROADWAY INN
NOTICE SHOWN
Supervisor Dennis Brower-There is a sewer variance for the Snap Motel is there someone here representing
this application?
Mr. Tom Jarrett-Goodevening for the record my name is Tom Jarrett from the firm of Jarrertt-Martin,
Glens Falls. I am here representing Shaukat Bhatti the owner of the Roadway Inn otherwise known as
Snap Motel. We are here for a variance, set back variances to construct a replacement a series of three
replacement wastewater systems to serve the motel. Last year, last summer the motel experienced a failure
with one of the leaching systems there were two leaching systems at the time that served the motel. One of
those systems failed we investigated the failure and found that it was due to improper construction and
under sizing in our opinion. At the time we worked with the Town, Dave Hatin as well as the New York
State Dept. of Health and DEC to obtain a permit to construct a temporary leaching system to serve the
motel in the hopes that we would then design a permanent system to serve all the units that were being
served by the failed system. The permanent system we were able to design cannot meet all of the setbacks
that are imposed by the Town and DEC and DOH. We are here tonight asking for variances for the
number, the various set backs that we cannot meet. I wish to point out that the set backs that we cannot
meet are all horizontal none of the vertical separation requirements are going to be contravened by this
design. I could walk you through the systems if you would like? Ok. (Used drawing of the area) On your
plan you will see a number of buildings forming the motel complex there is four buildings, the three
buildings outlined in green here are to be served by one of the systems that we are proposing. The
additional building that is out lined in gold is to be served by the remaining system that we are proposing.
There is one building the end of actually one building, that is served by another system that has not failed
and we are not proposing to alter that at all in this design. We are going to re-use existing septic tanks as
much as possible, three of the existing tanks will be re-used with the gold system which is building C on
your plans we plan to drain to an existing septic tank and then go to a new leaching system which is down
near the northeast corner of the facility, adjacent to the pool. The remaining three building including the
laundry system will drain to two existing septic tanks and one new two thousand gallon septic tank and
then to a pumping station which is to be located adjacent to building D. From there we are splitting the
flow we are alternating the flow to two larger leaching systems that are shown in green on this plan. The
leaching system that is near Route 9 is the location of the original system that failed which was undersized
and now we have built a temporary leaching system there and we are now going to expand it to construct a
permanent system and the other half of that system that we are going to alternate with is up adjacent to
building B toward the northwest corner of the site. Now you can see that there is not a lot of room on this
property. The only space that we have available to construct these systems is on the northern side of the
property everything to the south is parking. So, we need waivers, variances for set backs essentially to the
north property line and to the right of way. Questions, have I confused you?
Councilman Martin-Where the existing bed is along Route 9 did you have to excavate the soils out and all
that too, if that was a failed system there and you had to?
Mr. Jarrett-We removed all the soils that we felt was, that could not be rejuvenated we removed basically
all the failed system including soil. For the most part it was due to under sizing and poor construction.
Councilman Martin-Now want about setbacks to other neighboring systems and other neighboring wells if
there are any and all that kind of happy stuff?
Mr. Jarrett-There are no wells that we found or we checked with the water department and we have done
our own recognizance we have not found any domestic wells in the area at all. We have not found any
leaching systems adjacent to this at all the property to the north is essentially vacant adjoining building B
and adjoining building D that building is set back forty feet from the property line and there is nothing
between those two buildings that we can find.
Councilman Brewer-How old is this system?
Mr. Jarrett-The original one? The original that failed? The motel complex is, the owner is saying
approximately fifteen years old.
Councilman Brewer-Was there variances required when they built this or not?
Mr. Jarrett-I have no idea. The owner did not own the facility then when it was originally constructed.
The current owner did not own it then.
Councilman Brewer-It just seem like an awful lot of variances.
Councilman Martin-So, there is all municipal water through there right?
Councilman Turner-Yes.
Councilman Brewer-There is absolutely no alternatives?
Supervisor Brower-Ted do you have any questions?
Councilman Turner-We had it last year and we had to give them a temporary permit because this thing was
in violation it was running allover the place.
Councilman Martin-Sounds like an excellent argunIent for municipal sewer system to me.
Councilman Brewer-It certainly does.
Councilman Stec- That is what I think.
Councilman Brewer-Just said that.
Councilman Stec-Gees it is right on Route 9, we are heading that way.
Councilman Martin- I just want that duly noted.
Mr. Jarrett-That will not be available until August, right?
Councilman Brewer-Worse case scenario what happens if this fails?
Mr. Jarrett -lam going to be red faced. I am being a little flip. I do not feel it will, if it does fail we would
have to go to a holding tank or petition the town for municipal sewer.
Supervisor Brower-Are you using any special systems in this design?
Mr. Jarrett-We are using infiltrators for the lower system adjacent to Route 9 and we are using an Elgin
type leaching system for the other two to conserve space.
Councilman Brewer-Elgin meaning?
Mr. Jarrett -That is a trade name.
Councilman Brewer-I know that, but, describe?
Mr. Jarrett-Well, it is configuration it is serpentine leaching system configuration in a propitiatory system
it really does not offer any advanced treatment over conventional systems but it does confine it to a smaller
space. It offers advantages when there is a lack of space.
Supervisor Brower-What would you estimate the usable life of this system you are proposing?
Mr. Jarrett-Well, it is very difficult to guarantee but we designed the system now to last indefinitely, I
would not have to put a finite life on it with proper maintenance and operation it could last easily thirty or
more years. It is difficult to say with a commercial system they are typically used harder than residential
system.
Councilman Martin-Now, there is no kitchen on this, right?
Councilman Turner-No, but there is laundry.
Mr. Jarrett-No. There is a laundry unit in building D, which we have designed for.
Councilman Turner-That is designed for that?
Mr. Jarrett -Yes.
Councilman Turner-Because that is where the problem I think came from the last time.
Mr. Jarrett -Well, it certainly added to it. You will see in our design notes that the laundry system is built is
designed into building D's wastewater flow. Now, in, go ahead Jim.
Councilman Martin-There is no kitchenettes in the hotel units or anything like that? In other words
somebody not going to wake up in the morning and decide to have a pound of bacon for breakfast and then
take all the grease and shove it down the drain?
Mr. Jarrett-No. We were told no, I do not believe that there are. In response to the prior question about
longevity of these systems you maybe eluding to the fact that years ago, fifteen or twenty years ago the
design standard especially the Department of Environmental Conservation had were for application rates
for design standards over literally half the sizing of what we use now, and that is why a lot of systems fail
within ten to fifteen years. Since then they have updated their application rate to match the department of
health and it is a much more conservative design. We do not have to apply those kinds of finite life spans
to these system automatically.
Councilman Turner -Tom, the size of the building the laundry building that seems to be in..
Mr. Jarrett-It is one washer, that we
Councilman Turner-It is one washer?
Mr. Jarrett -Yea.
Councilman Turner-Ok.
Councilman Martin-Is there anything that you can include in the design that you haven't that would seek to
overcome the solids that come from you know, gray water like that?
Mr. Jarrett-What we have done on each of the septic tanks now we have called for a zabel filter that is a
proprietary name but there are filters that go on, in the outlet tees of the septic tank and they are supposed
to prevent solids carried over into the leaching system. What will happen is the septic tank for the
plumbing, the building plumbing will back up first before it ruins the leaching system.
Councilman Martin-Yea, the filters will clog and
Mr. Jarrett-The filters will clog back up the septic tank which is very easy to clean. The leaching systems
are protected. Now, these have not been on the market for a long time there is a good track record so far
we will see what happens over time but I
Councilman Martin-So, is there like an access pit to them or something like that they go in,
Mr. Jarrett-Right under the normal access hatch at the outlet of the tank where you would normally clean
out the tank, you can pull the filters there, there is a lift out hole and you can pull the filter and clean it off
with a hose.
Councilman Martin-Given the anticipated flow and all that how often would you expect they would have to
be changed?
Mr. Jarrett -The filters?
Councilman Martin-yes.
Mr. Jarrett-In a commercial system like this I would advise inspecting those outlets yearly.
Councilman Martin-And there could be some chance depending on the volume of use that it could be a
yearly replacement?
Mr. Jarrett-Not a replacement, you clean it off.
Councilman Martin-Oh, I see, ok.
Mr. Jarrett-It is not a replaceable filter, it is a plastic cartridge that you just hose off. It is a relatively easy
procedure but I would advise in a commercial facility doing that at least yearly.
Councilman Brewer-Is there any opportunity for land acquisition?
Mr. Jarrett-We actually looked at some lands up behind the facility to the west and the site conditions are
very poor, there is very shallow ground water tight and variable soil conditions we did not advise it.
Groundwater conditions improve the further east you go the further toward Route 9 and that is why we
were constrained by the location we have.
Councilman Brewer-How about south or north?
Mr. Jarrett-It is all developed property, it is virtually all developed property to the south it is all owned and
under ownership to the north its
Councilman Brewer-Always somebody has to own the land next to you.
Mr. Jarrett-What I was driving at, it was developed I do not know if there is any opportunity to purchase
additional land or not.
Councilman Brewer-Could that be looked at as an alternative? There is how many, fourteen variances, and
some of them are pretty significant. I would like and I maybe alone the upmost effort being made so that
you do not have to have so many variances. I mean if you could, if you could acquire ten or fifteen or
twenty feet I do not know if that is a possibility or not? Just an idea. I do not know how the rest of the
board feels.
Supervisor Brower-Tom are you aware of the Sagamore re-mediation what they did to reduce their
wastewater in their washers, they went to the ozone washers and they claimed they reduced they used less
water.
Mr. Jarrett-I am somewhat familiar with it not the details.
Supervisor Brower-It sounded like a good application for this client too. Any other questions from Board
members at this time?
Councilman Turner-How big is that washer that is in there?
Mr. Jarrett-How big is it?
Councilman Turner-How big is the washer that is in there?
Mr. Jarrett-How big is it, we have sized it as a commercial washer I do not remember the actual pounds or
gallons in the tub.
Councilman Tuner-How intense is the use of it, during the summer?
Mr. Jarrett -Shaukat, can I
Mr. Shaukat Bhatti-Thirty five pounder.
Councilman Turner-Thirty five pounder but I mean how intense is the use of it during the day?
Mr. Bhatti-Three or four loads.
Councilman Turner-I did not hear him.
Board Members -three or four loads.
Councilman Turner-Ok.
Mr. Jarrett-Is that on average or the worst case?
Mr. Bhatti-...
Supervisor Brower-Ok. I think I would like to call on Dave Hatin, next and get his view of the situation.
Director of Building and Codes Dave Hatin-I do not know if the Board has any specific questions, the only
thing I can add is that to kind of go in the direction of Tim's line of questioning, these are not really
significant when you look at them, a lot of these coincide together with the lines and the D boxes and the
effluent lines we have limited constraints here I do not think they are going to effect anything on the
property it is just these are the set backs set forth by DOH we live with those set backs I do not see this
being extraordinary we have given set backs for these type, there are variances for these types set back
before for residential we continue to do it and you will continue to do it in the future. My problem right
now is this Memorial Day approaching about three weeks away if we do not get this system in I am headed,
we are going to be headed for another failure because right now we are on a temporary system that will not
handle the daily use under heavy load. I do not want to see the problem that we had last year were we
estimated quite a bit of effluent went down the drain toward Glen Lake, I do not want to have that problem
again. If land acquisition is something that they need to look at for the furture I would ask the Board to
temporarily approve this so that we can get this so that we can get this over and done with. Right now there
is a Court order that this must be complete by May 15th from the City of Glens Falls. I do not think that
anything that they have asked for is unreasonable here, my personal feeling.
Supervisor Brower-Any questions of Dave from the Board at this time? What would a temporary approval
encompass?
Director Hatin-Bob would have to direct that where that goes but, if you feel that you want them to get land
acquisition I am not sure where that would lead but we need to do something now, that is the issue. This
has been going on since last September, the end of the season and we need to bring it to a conclusion one
way or the other.
Councilman Martin-Are these buildings, slab on grade? This building B and especially is that?
Director Hatin-I do not know that for a fact, Jim.
Mr. Jarrett-They are all slab on grade or crawl spaces, building B is the one in the in the north west..
Counciloman Martin-The north westerly one there I guess.
Mr. Jarrett -That is a crawl space.
Councilman Stec-I have a question, it is May 1st. and there is a court order that this needs to be resolved by
May 15th why is this before us now, why isn't this three or four months ago? Why is the board under the
gun now?
Director Hatin- I will throw Tom in here it has taken this long to get to this point.
Councilman Brewer-I mean you make us be the bad guys.
Mr. Jarrett-I do not think Dave meant to make you the bad guy.
Director Hatin -One way or another we have to bring this to a conclusion, because we are coming to a busy
season if it does not get resolved it is going to force him to look at shuting units down I believe that is the
other alternative.
Councilman Stec-But that is not our crisis I mean
Director Hatin-I am not saying it is. I am just saying that is the reality of the situation.
Supervisor Brower-How come this became a court order?
Director Hatin-There was a court summons issued by me last September for discharging raw sewage to
storm drains on Route 9. There is also an enforcement action by DEC against the same corporation they
pay a seven thousand fine our action was also hanging it took almost five months to get it referred to a
another court because both judges in Queensbury refused to hear it because of conflicts of interest. We just
had our hearing two weeks ago. So, that is the reason why it has taken so long to get here.
Supervisor Brower-At this time I would like to, open it up to public comment, are there, is there anyone
here that would like to speak either in favor or in opposition to the variance request? Mrs. Salvador?
Mrs. Salvador-Kathleen Salvador, Queensbury I am not really for or against, I just have some questions
being a resort owner ourselves and knowing the restrictions on which we are under and the criteria with
which we have to live up to I think Dan has some excellent questions, why is it being brought to you now.
Why haven't they been closed down? They say that the washer is a thirty five pound washer and that the
number of loads are three to four loads per day on an average. How many units does this facility have?
Councilman Martin-It appears to have twenty seven, twenty eight something like that.
Mrs. Salvador-And how many beds in each unit?
Councilman Brewer-I can not answer that.
Mrs. Salvador-Can anyone answer that?
Councilman Brewer- We will get that answer.
Supervisor Brower-Tom do you know that answer?
Mr. Jarrett-Forty beds total.
Mrs. Salvator-So some have two doubles, some may have, may have a queen some may have a king, so
forty beds. Do you change linens every day?
Mr. Bhatti-... every other day...
Mrs. Salvador-Every other day. How many people in an average per room, per day?
Mr. BHATTI-Two to four.
Mrs. Salvador-Two to four per day. Ok. And can I assume that each person in the room has one to two
bath towels, two hand towels, a wash cloth, a bath mat?
Mr. BHATTI-Each person has one set.
Mrs. Salvador-I would say by knowing what our laundry is, this facility is about half the size of ours, we
have fifty four rooms, they have twenty seven rooms. I would say three to four loads of laundry a day is
very minimal. I think it is many more. Could you tell me the size of the septic tanks on the facility? The
size of the septic tanks that are presently on the building?
Mr. Jarrett-Right now there are three one thousand gallon septic tanks.
Mrs. Salvador-Three one thousand, ..and what is the..
Mr. Jarrett-Four
Mrs. Salvador-Ok What about the size of the leach field?
Mr. Jarrett-That exists now?
Mrs. Salvador - Yes.
Mr. Jarrett- Well
Mrs. Salvador- Or what you have proposed.
Mr. Jarrett -There is one system, there is an existing system in front of east of this existing six unit building
which is not part of this design, there is also right now a temporary leaching system in front of the pool
along Route 9 that serves these units on a temporary basis. Those are the leaching systems that exist right
now.
Mrs. Salvador-Are we utilizing low flow toilets and shower heads?
Mr. Jarrett -That is required in the design, yes.
Mrs. Salvador-But, they haven't been, prior to this.
Mr. Jarrett -Some have been retrofitted I think he is still in the process of retrofitting those. The low flush
toilets.
Mrs. Salvador-Three gallon per minute or one gallon per minute, two gallon shower heads, two gallon per
minute shower heads.
Mr. Jarrett-Correct.
Supervisor Brower-They have that currently, Tom?
Mr. Jarrett-Some have been replaced, I do not know what the status of that plumbing refitted, I do not
know if they all have been refitted, but it is required in our design that they all be refitted with water saving
fixtures.
Supervisor Brower- You can confirm that if we make that.
Director Hatin -Yes very easily.
Mrs. Salvador-That should be, we have been using them for about fifteen years ourselves.
When the facility was sold and purchased, was an environmental review done at that time?
Supervisor Brower- I do not know Mrs. Salvador.
Councilman Martin-Environmental audit at the time of sale is usually required.
Mrs. Salvador-Yes, at the time of sale, that is required today and this facility was just changed hands very
shortly, a short time ago.
Councilman Turner-I do not know, could not tell you.
Mr. Jarrett -That is the responsibility between
Town Counsel-That is not a town requirement.
Mrs. Salvador-I know it isn't but I am just asking if anyone knows if that was done?
Supervisor Brower-No we don't.
Mrs. Salvador-Also Mr. Brewer had some excellent questions I have to complement you on that. You say
that there are no kitchen unit in the facility which answered Mr. Martin's questions however we have had in
the past and I know a number of motel, especially motel operators have had this experience where quests
do bring their own coffee makers they do bring their own microwaves that is not unusual today, so there
could be some grease going down traps and all that perhaps even the owner is not aware of. That believe
me is not unusual today, People are trying to cut costs where ever they can, and if they can at least do
breakfast that does cut down on their costs. I see on where are your set backs required and approved and
all, you have one leach bed on system three that the set back required is ten feet but the set back approved
is minus one foot, does that mean that it is in the State right of way?
Mr. Jarrett-Less than one foot.
Mrs. Salvador-It is still on the property. OK, lets see if! have anything else. Ok, I think those are my
questions. Thank you.
Councilman Turner-I quess I have got a question, the laundry building, four loads a day and I would agree
with Mrs. Salvador, there is more than that. How about taking that out of there and taking that out of the
system thereby relieving that material going to the septic systems and killing all the bacteria that helps get
rid of the solids?
Mr. Jarret-Well, I can reply two ways number one we have designed it for fives hundred and eighty gallons
a day of flow which is certainly more than four loads. Shaukat may respond that he only does four loads
but we have designed it in accordance with New York State DEC'S standards five hundred and eighty
gallons a day.
Councilman Brewer - Which is how many loads, approximately?
Mr. Jarrett - I do not recall off hand, I would have to look that up, I am not sure off hand, that is the design
standard that New York State requires. The owner has discussed that he will take more laundry off site
than he has in the past. We can discuss with him the option of removing all laundry facilities but I think he
would like the flexibility.
Councilman Brewer-In my mind if we tell him he could only do if he wants to take some of it off, how are
we going to monitor that?
Councilman Turner-You are not going to.
Councilman Brewer-There is no way you can do that with out having Dave up there every day.
Councilman Martin-That is a ridiculous condition.
Councilman Brewer-Absolutely it is.
Councilman Turner-I am not saying that I amjust saying
Councilman Brewer-I am not saying that you did.
Councilman Turner-Take it right out of there.
Councilman Brewer-I would agree with that. I think Tom said that or the owner said that he would take
more off.
Mr. Jarrett - I would have to defer to the owner on that. . . .He is saying seventy to eighty gallons per load.
Councilman Martin-And through that facility we do,that is available to the guests to use that facility.
Mr. Jarrett-It is available only to the owner.
Councilman Turner-Only to them.
Councilman Martin-Only to the ownership.
Mr. Jarrett-The chambermaids would use it I presume.
Councilman Martin-So, you said it was designed for what five twenty?
Mr. Jarrett-Five eighty.
Councilman Martin-Five eighty, and if it is eighty gallons a load.
Mr. Jarrett -Seventy to eighty gallons a load.
Councilman Martin-So, that is I have a tired mind, ... seven loads. . . . that has been determined by the
mathematical genius on the board. . .
Supervisor Brower-But you also have to have showers and toilets.
Councilman Martin-Yea, I know that.
Mr. Jarrett-The system is designed for the flow of each of the motel units plus the laundry facility.
Councilman Martin-So, the design component of the system for the laundry is five twenty.
Mr. Jarrett-Five eighty.
Councilman Martin-Five eighty I mean, I am caught on , five eighty ok.
Mr. Jarrett-Now that you have asked me three times I better verify it.
Councilman Martin-It would be something if it was five twenty.
Mr. Jarrett-Five eighty.
Supervisor Brower-Is there anyone else in the audience that would like to address the board? Yes, Mr.
Salvador? Mr. Merrilll, beat you to it.
Mr. Merrill-I am Dick Merrill, north Queensbury. With Ted, we did review the situation last fall and the
system failed after the laundry system was opened and for many years the business operated quite
successfully I believe with out a laundry facility and clearly that is what taxed the system and caused the
failure and it was a severe situation at the time. So, I would second the suggestion that, that be removed
and there are certainly options available and you do not have to contend with gray water and treatment of
that. But you have no way of monitoring or controlling how much laundry goes through that facility. As
Mrs. Salvador suggests it got to be more than three.
Supervisor Brower- I appreciated the input. That is good to know.
Mr. Merrill-But that is what caused the failure, was the laundry facility was opened and as I say the
business operated for many years with out it and I think it could continue to operate.
Supervisor Brower-Thank you, Dick. That is good to know. Anyone else, Mr Salvador, excuse me.
Mr. John Salvador-I presume that the facility is under DEC speedies permit approval? They must make
application
Mr. Jarrett-They have done that,
Mr. Salvador-With regard to the laundry we are pretty much in the same position this property is in we
have eight on site septic systems. We use this primarily the room waste that goes to the system. We would
not dream of putting a laundry on site. We have our laundry done by a linen service, we own the linens,
they take them and they laundry them. As best as I can determine when you calculate the cost of the labor
to launder the cost of heating hot water the cost of detergents the cost of the machinery believe me we think
we are further ahead having a linen service. I think that this property should do the same thing. This is,
you have got one system on site that has not failed yet I would like to know what the life of that system is.
The estimated future life of that system. To allow this hodge podge solution this is not a solution for that
site to go ahead is to my way of thinking environmentally dangerous. My recommendation would be to
have this facility go on holding tanks. There are properties on Lake George that own their own pump
trucks take it to a sewage treatment plant three times a day rather than burden the land with a system that is
going to fail. This property I think could do the same thing. So, I would think the first cause of action is to
prohibit the laundry being done on premises. It just cannot go. That is aggravating already an existing
problem. I think the long term solution has got to be looked at. By the way this is evidence of the failed
public policy in this Town of pumping domestic water around town which is very generously used ok, and
then stick it in the back yard. All you are doing is flooding the land. This is another example of it. That
is all that has happened here. They have a case of constipation.
Supervisor Brower-Anyone else care to comment at this time? In that case I will close the public hearing.
7:40 P.M. Accept input from Board Members at this time?
Councilman Turner-It is my desire that the laundry facilities be removed.
Councilman Martin-I agree with that. I am not so concerned about the set backs distances.
Councilman Turner-No, I am not either.
Councilman Martin-in this particular instance. The neighboring properties are these set backs are intended
to provide separation from neighboring properties in the expectation that neighboring properties have septic
systems as well. You, know they have hotels on either side there I would have more concern about that.
Councilman Brewer-Potentially though couldn't there be something on the other side Jim that, no I think its
our obligation to look at the worse case scenario. I agree with Ted about.
Councilman Martin-Before I finish, I agree with Ted about the, I could only go along with this as a
condition that the laundry be removed.
Supervisor Brower-Well, let me ask you this, would you want the system that he has proposed to be built
even though you, exactly as it is.
Councilman Martin-I want to gain that five hundred and eighty..
Councilman Turner-Five hundred and eighty gallons.
Councilman Martin-and leave the system ...
Councilman Turner-I agree
Supervisor Brower-I would not want them to change the design of this system.,
Councilman Turner-No, we are not saying that.
Supervisor Brower-If we were to improve it.
Councilman Martin-Because you still have gray water in the form of the showers and the sinks and all of
that going down there which is fairly substantial. My other condition would be that the retro fit has to be
complete for all low water using fixtures and low flow toilets.
Councilman Stec- The way I see it Dennis, there are five options available in lieu of for proving this as
proposed the long term solution is clearly in the picture for Route 9 is a sewer line, that is not going to
happen between now and May 15h.
Supervisor Brower-That is for sure.
Councilman Stec- The other four holding tanks, buy more land, buy more land isn't going to happen in two
weeks. Other the other two realistic options are you keep the laundry on site and you mandate fewer units
and I do not think that is a very good option. I think the best option is in fact requiring that the laundry is
moved off site it is the simplest to do because someday there will be a sewer there and then you bring back
the laundry, if you desire. But, really we have see it before, not to pick on any individual applicant but I
know the Planning Board has seen it I know the Zoning Board of Appeals has seen it. An applicant comes
asking for the world on a short time table and it hand cuffs the board. The Board is trying to do right but
you know, two weeks is not a whole lot of time to say I need the world. So, I think that the solution for the
day is to require the laundry off site.
Supervisor Brower-Tim?
Councilman Brewer-I would agree with the rest of the Board that the laundry has to go I do not know how
we can do it but I would encourage the applicant to seek out land acquisition. There is no temporary
system here that you can do the way you have designed this but I just think there has to be another way to
do it. I do not think that because you come in here on the first of May and it has to be by the 15th that is
our fault. Certainly it is not, like Dan said holding tanks or get more land. I hate to be the bad guy but.
Supervisor Brower-I do not think that you are bad guy. Ok. I concur with the Board I would like to see
the system the remedied the system proposed built as designed, I would like to see removal of washers
from the property, a prohibition of kitchen facilities allowed at the facilities and low flow shower heads and
low flow toilets.
Mr. Salvador-Questioned the flow of the toilet?
Discussion held by Board Members. . noted 1.6 gallon toilets. . .
Board requires that everything be completed by May 15th they will cease operation. . . Councilman Martin
and Turner agreed to have this stated in the resolution... Supervisor Brower-noted if he would be assistance
if need to contact other agencies to help the project along.
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF SHAUKAT
BHATTI D/B/A ROADWAY INN, OWNED BY SNAP MOTEL CORPORATION
RESOLUTION NO.: 12.2000
INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Shaukat Bhatti d/b/a Roadway Inn (Owner - Snap Motel Corporation) filed an
application requesting that the Town of Queensbury Local Board of Health grant fourteen (14) variances
from provisions of the Town's On-Site Sewage Disposal Ordinance concerning property located at 1449
State Route 9, Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
request on May 1st, 2000, and
WHEREAS, the Town Clerk has advised that property owners within 500 feet of the subject
property have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health:
determines that the variances will not be materially detrimental to the purposes and objectives of the Town
of Queensbury On-Site Sewage Disposal Ordinance or other adjoining properties or otherwise conflict with
the purpose and objectives of any Town plan or policy; and
finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum
variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to
affect the applicant; and
BE IT FURTHER,
RESOLVED, that:
l.laundry must be done off-site and no laundry facilities shall be located or have disposal on premises;
2.applicant shall seek land acquisition if possible;
3.only low flow (1.6 gallon flush) toilets and low flow showerheads shall be installed on premises and shall
be built and operated as designed; and
BE IT FURTHER,
4.no kitchen facilities shall be located on the premises, and
RESOLVED, that the Local Board of Health hereby approves the variance application of Shaukat
Bhatti d/b/a Roadway Inn (Owner - Snap Motel Corporation) to allow the variances on property located at
1449 State Route 9, Queensbury (Tax Map No.: 35-1-4.3) as follows:
SYSTEM #1
5.LEACH FIELD TO PROPERTY LINE
SYSTEM #1
6.LEACH FIELD TO BUILDING
7.D-BOX TO BUILDING
8.EFFLUENT LINE (FORCE MAIN)
TO BUILDING (BUILDING "D")
SYSTEM #2
6.LEACH FIELD TO PROPERTY LINE
7.D-BOX TO PROPERTY LINE
8.EFFLUENT LINE TO BUILDING
(BUILDING "D")
9.EFFLUENT LINE TO PROPERTY LINE
IO.D-BOX TO BUILDING (BUILDING "D")
SYSTEM #3
4.LEACH BED TO R.O.w.
5.D-BOX TO PROPERTY LINE 10'
6.EFFLUENT LINE TO PROPERTY LINE 10'
SEPTIC TANKS
SEPTIC TANK (BUILDING "D") TO
PROPERTY LINE
PUMP STATION
SET BACK TO PROPERTY LINE
10'
20'
20'
10'
10'
10'
10'
10'
10'
10'
SET BACK
REQUIRED
SET BACK
REQUIRED
SET BACK
REQUIRED
10'
10'
SET BACK
REQUIRED
6'
5'
SET BACK
REQUIRED
SET BACK
REQUIRED
SET BACK
APPROVED
3'
SET BACK
APPROVED
5'
10'
8'
SET BACK
APPROVED
4'
9'
4.5'
9'
19'
SET BACK
APPROVED
<1'
SET BACK
APPROVED
6'
SET BACK
APPROVED
7.5'
and
BE IT FURTHER,
RESOLVED, that the facilities on premises shall close on May 15th, 2000 if by that time the
applicant has not met all requirements of this Resolution or the Town Board has not extended the time
period for compliance.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION
OF THOMAS CLUNE
RESOLUTION NO.: 13,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the On-Site Sewage Disposal Ordinance,
and
WHEREAS, Thomas Clune has applied to the Local Board of Health for three (3) variances from
Chapter 136 as follows:
1. (136-11(B) of the Town Code requires an applicant to obtain a variance for all holding tanks and the
applicant has requested a variance to allow a holding tank;
2. The applicant has requested a variance to locate the proposed holding tank three feet, eight inches (3'8")
from the dwelling rather than the required ten feet (10') setback; and
3. The applicant has requested a variance to locate the proposed holding tank one foot (:1:) (1') from the
property line rather than the required ten feet (10') setback;
concerning his property located on Rockhurst Road on Lake George in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on
May 15th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider
Thomas Clune's sewage disposal variance application concerning property located on Rockhurst Road on
Lake George in the Town of Queensbury (Tax Map No.: 15-1-48) and at that time all interested persons
will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to
publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors
located within 500 feet of the property as required by law.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower
NOES None
ABSENT: None
RESOLUTION ADJOURNING BOARD OF HEALTH
RESOLUTION NO. BOH 14.2000
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting.
Duly adopted this 1st. day of May, 2000 by the following vote:
AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES: None
ABSENT: None
REGULAR TOWN BOARD SESSION
2.0 PUBLIC HEARING
NOTICE SHOWN
PUBLIC HEARING - RANDY BARRETT MOBILE HOME
Supervisor Brower-Is anyone here, is Mr. Hatin still here? Is Mr. Barrett here? Who is here to speak on
behalf of this situation? Chris?
Executive Director Chris Round-Mr. Barrett has a mobile home on this site right now, it is ten Newcomb
Street. The application is a, the Town Board permits replacement mobile homes outside of mobile home
parks this is an application for replacement of a mobile home we encourage, our review of the application
we encourage the improvement of the housing condition and the facility itself. It is an improvement over
the prior property, prior housing unit that is on the site.
Supervisor Brower-Your recommendation is in favor of this?
Executive Director Round-That was our recommendation that, it complies with the underlying zoning set
back requirements and it requires a town building and code inspector to inspect it prior before coming on
site.
Councilman Martin-It looks like this is a double wide going back on?
Executive Director Round-I believe it is a double wide, I do not have that in front of me.
Councilman Martin-Is this profile of this like a peaked roof or anything like that do we know?
Executive Director Round-I do not know.
Councilman Martin-Sometimes they have got these things now that come in two pieces and by the time
they get done setting them up they very closely resemble a conventional home.
Councilman Turner-Jim the double wide is twenty eight feet by sixty feet.
Executive Director Round-It is a brand new model year 2000 mobile home I don't have the model
information.
Councilman Turner-It is a Redmond model Georgetown II
Councilman Martin-I think it is clearly an upgrade but my point about...
Executive Director Round-I know what you are saying there are some properties on Newcomb Street that
this will be an improvement on most of those.
Councilman Martin-It is going to have the proper skirting and all that type of stuff?
Executive Director Round-Yes. Part of the requirement.
Supervisor Brower-Is there anyone here to speak on behalf or speak against this particular application?
No one ok. Mr. VanDusen.
Water Supt. Ralph VanDusen-One question Chris, as you go in from Main Street is this on the left or the
right?
Executive Director Round-It is on the left.
RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE
OF MOBILE HOME COURT FOR RANDY BARRETT
RESOLUTION NO.: 198,2000
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in
accordance with Queensbury Town Code ~ 113-12, and
WHEREAS, Randy Barrett filed an application for a revocable "Mobile Home Outside a Mobile
Home Court" permit to replace his mobile home located at 10 Newcomb Street, Queensbury with a new
mobile home, and
WHEREAS, the Town Board held a public hearing concerning this application on May 1st, 2000,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance ofa
revocable permit to Randy Barrett in accordance with the terms and provisions of Queensbury Town Code
~113-12.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES None
ABSENT: None
3.0 OPEN FORUM GENERAL/RESOLUTIONS
Mrs. John Salvador-North Queensbury Request bus service up 9L to parking area of the old North
Queensbury Fire Company.. . for use by summer workers and the seniors in the area... suggested mini vans
for less traveled areas. . .
Supervisor Brower-Noted we have asked that bus routes be extended to Solomon Heights... spoke to the
public regarding the Towns Senior Bussing service...
Mr. Pliney Tucker-Requested that the report on Johnny Johnson be forwarded to his family...
Board agreed to send copy to Mr. Tucker and family
Mr. Tucker-spoke on conditions of the right ofways..garbage etc.
Supervisor Brower-Noted that Mr. Coughlan will have a crew this summer..
Mr. John Salvador-RE: newly drawn Zoning Maps... (handed out proposal sketch) boundaries along shore
lines discussed... spoke to the Board regarding Reg. Watch.. .on Model Zoning Ordinance on Economic
Growth. . .
Supervisor Brower-Asked for further comment, hearing none... Open Forum Closed.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING CHANGE ORDER NO.1 CONCERNING REPAIR AND
REPAINTING OF WEST MOUNTAIN RESERVOIR TANK AND SOUTH QUEENSBURY
STANDPIPE
RESOLUTION NO.: 199.2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy Brewer
WHEREAS, by Resolution No.: 380.99, the Queensbury Town Board awarded the bid for the
repair and repainting of the West Mountain Reservoir Tank (Tank) and South Queensbury Standpipe to
AMSTAR of Western New York (AMSTAR) for an amount not to exceed $423,400, and
WHEREAS, the Water Superintendent has advised the Town Board that there are more pits within
the Tank that will need to be welded than was originally estimated by the Town and therefore has
recommended that the Town Board approve a Change Order for the project in the amount of $8,250
bringing the total contract amount to $431,650, and
WHEREAS, C. T. Male Associates, P.C., the Town's engineer on this project, has advised and
recommended that this work be done now while the Tank is already out of service, and
WHEREAS, Change Order No. 1 has been presented at this meeting and is in form approved by
Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of Change Order
NO.1 concerning AMSTAR of Western New York's repair and repainting of the West Mountain Reservoir
Tank (Tank) and South Queensbury Standpipe in the amount of $8,250 as presented at this meeting, thus
bringing the total contract amount to $431,650, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or
Water Superintendent to execute Change Order NO.1 and take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower
NOES
None
ABSENT: None
Discussion held-Councilman Brewer-questioned how the bidder missed by a hundred pits...
Water Supt. VanDusen-explained how the pits were counted...
RESOLUTION AWARDING BID FOR PURCHASE OF 3 TON CAB & CHASSIS, CONVENTIONAL
CAB FOR TOWN WATER DEPARTMENT
RESOLUTION NO. 200. 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town's Purchasing Director duly advertised for bids for the purchase of one (1)
new 3 Ton Cab & Chassis, Conventional Cab for use by the Town's Water Department in accordance with
previously submitted bid documents and specifications, and
WHEREAS, Nemer Ford has submitted the lowest responsible bid in the amount of $25,667 and
therefore the Purchasing Director and Water Superintendent have both recommended that the Town Board
award the bid to Nemer Ford,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the bid for one (1) new 3 Ton Cab
& Chassis, Conventional Cab to Nemer Ford for an amount not to exceed $25,667 to be paid for from the
appropriate account.
Duly adopted this 1st day of May, 2000 by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING RELEASE OF PORTION OF ESCROW FUNDS CONCERNING
QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.2 - AMERADA HESS
CORP.
RESOLUTION NO.: 201. 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 307,98, the Queensbury Town Board established and authorized
Queensbury Technical Park Sewer District Extension NO.2 and executed a Sewer District Extension
Agreement with the Developer, Amerada Hess Corporation (Amerada Hess), and
WHEREAS, Amerada Hess agreed to deposit funds in escrow with the Town to cover costs
related to construction of the sewer facilities, engineering and other related expenses, and
WHEREAS, by Town Board Resolution No.: 70.99, the Town Board authorized the return of a
portion of escrow funds to Amerada Hess and retained the balance of escrow funds as requested by the
Deputy Director of Wastewater (Deputy Director), and
WHEREAS, by Town Board Resolution No.s: 242 and 346 of 1999, the Town Board authorized
the return of additional portions of escrow funds to Amerada Hess, and
WHEREAS, the Deputy Director has advised that the guarantee period (3/1/99 - 3/1/2000) has
been completed and therefore recommends that the Town Board release escrow funds previously held by
the Town to cover the one year guarantee to Amerada Hess, minus the sum of $2,484 plus interest to be
held by the Town to cover Glens Falls Wastewater Treatment Plant Buy-In Costs and a service fee in the
amount of $5.55 (equal to one-half of one-percent of interest earned),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to
Amerada Hess Corporation held by the Town with respect to Queensbury Technical Park Sewer District
Extension No.2, less the sum of $2,484 plus interest to be held and used by the Town to pay Glens Falls
Wastewater Treatment Plant Buy-In Costs and a service fee in the amount of $5.55 (equal to one-half of
one-percent of interest earned), and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office
and/or Wastewater Department to take such other and further actions necessary to effectuate the terms of
this Resolution.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES None
ABSENT: None
RESOLUTION REAPPOINTING PAUL ABESS TO
TOWN OF QUEENSBURY ETHICS BOARD
RESOLUTION NO. 202.2000
INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Town of Queensbury previously established the Town of Queensbury Ethics
Board, and
WHEREAS, the term of Ethics Board member Paul Abess expired March 2nd, 2000 and Mr.
Abess has expressed interest in reappointment to the Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Paul Abess to
serve as a member of the Queensbury Ethics Board until his term expires on May 1st, 2004.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Martin, Mr. Stec, Mr. Brower
NOES
Mr. Turner, Mr. Brewer
ABSENT: None
RESOLUTION RE-APPOINTING CHARLIE MAINE TO CITIZENS ADVISORY COMMITTEE ON
ENVIRONMENTAL ISSUES
RESOLUTION NO.:
203.2000
INTRODUCED BY: Mr. James Martin
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
Mr. Theodore Turner
WHEREAS, the Town of Queensbury previously established a Citizens Advisory Committee on
Environmental Issues, and
WHEREAS, the Town Board wishes to re-appoint Charlie Maine to the Environmental Committee
as his term recently expired,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby re-appoints Charlie Maine to the Town's
Citizens Advisory Committee on Environmental Issues until his term expires on December 31st, 2000.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower
NOES
None
ABSENT
None
RESOLUTION AUTHORIZING HIRING OF JOSH LOPEZ AND CHRIS SENNETT AS TEMPORARY
LABORERS TO WORK AT
TOWN CEMETERIES
RESOLUTION NO.
:204. 2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Josh
Lopez and Chris Sennett as Temporary Laborers to again work for the summer under the supervision of the
Town's Cemetery Superintendent, and
WHEREAS, Josh Lopez is the son of Michael Lopez, a Town employee,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the
hiring of Josh Lopez and Chris Sennett as Temporary Laborers to work for the summer under the
supervision of the Town Cemetery Superintendent at the hourly rate set forth in the Town's Agreement with
the Civil Service Employees Association to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent
and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the
terms of this Resolution.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING SUBDIVISION AND/OR SALE OF PORTION OF TOP OF THE
WORLD PLANNED UNIT DEVELOPMENT
RESOLUTION NO. 205. 2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 89,2000, the Queensbury Town Board authorized submission of
James Feeney's application for subdivision and/or sale of a portion of the Top of the World Planned Unit
Development (PUD) to the Town Planning Department and Planning Board for recommendations in
accordance with ~ 179-57 of the Town Zoning Ordinance, and
WHEREAS, on March 28th, 2000, the Town's Planning Board reviewed the application,
conducted a public hearing, found the application to be consistent with the original intent and approvals of
the Top of the World PUD and issued a positive recommendation to the Town Board, and
WHEREAS, the Queensbury Town Board has reviewed the application and wishes to make its
determination concerning the proposed property transfer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, as SEQRA Lead Agency, hereby determines
James Feeney's application for subdivision and/or sale of a portion of the Top of the World Planned Unit
Development (PUD) to be consistent with actions contemplated in the Environmental Impact Statement
prepared for the original PUD project as no significant changes or environmental impacts will occur and,
therefore, the Town Board hereby reaffirms the SEQRA Findings previously issued, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves of the property transfer and subdivision as
described in James Feeney's application concerning property located on Lockhart Mountain Road,
Queensbury, (portions of Tax Map No.: 24, Block 1, Parcels 4.1, 5.3,6.3,6.2,7.2,7.1,8 and Tax Map 23,
Block 1, Parcels 7.1, 7.2, 7.3 and 27).
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR
PROPERTY OWNED BY NORTHWAY PLAZA ASSOCIATES, LLC FROM SFR-IA (SINGLE
F AMIL Y RESIDENTIAL - ONE ACRE) TO PC-IA (PLAZA COMMERCIAL - ONE ACRE)
RESOLUTION NO.: 206,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Daniel Stec
WHEREAS, the Queensbury Town Board is considering a request by Northway Plaza Associates,
LLC to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 72-7-3
located at the rear of the Stone property located on Montray Avenue contiguous to the rear of Northway
Plaza, Queensbury from SFR-IA (Single Family Residential- One Acre) to PC-IA (Plaza Commercial-
One Acre), and
WHEREAS, on or about March 20th, 2000, the Town Board adopted a Resolution authorizing
submission of the rezoning application to the Town's Planning Board for report and recommendation, and
WHEREAS, on or about April 19th, 2000, the Queensbury Planning Board considered the
proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning
application, and
WHEREAS, on or about April 12th, 2000, the Warren County Planning Board recommended
approval of the proposed rezoning, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance
and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the
Municipal Home Rule Law and the Town of Queensbury Zoning Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May 15th,
2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested
parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by
Northway Plaza Associates, LLC bearing Tax Map No.: 72-7-3 and located on Montray Avenue
contiguous to the rear of Northway Plaza, Queensbury would be rezoned from SFR-IA (Single Family
Residential- One Acre) to PC-IA (Plaza Commercial- One Acre), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to
provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the
Town's official newspaper and posting the Notice on the Town's bulletin board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community Development
Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the
area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property
owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send
the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County
Planning Board and other communities or agencies that it is necessary to give written notice to in
accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the
State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning
after the public hearing at its May 15th, 2000 meeting.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES None
ABSENT: None
RESOLUTION TO AMEND 2000 BUDGET
RESOLUTION NO.: 207. 2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to authorize fund transfers for the 2000 Budget
and the Chief Fiscal Officer has approved the requests,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Comptroller's Office all action necessary to transfer funds and amend the 2000 Town Budget as follows:
COMPTROLLER:
FROM: TO: $ AMOUNT:
05-3410-4424 05-9040-8040-4981 12,000.
(Ambulance Contracts) (Workers' Comp.)
HIGHWAY:
FROM: TO: $ AMOUNT:
04-5110-4400 04-5140-4001 3,250.
(Highway Repairs Misc. Contr.) (Brush & Weeds Misc. Contr.)
HIGHWAY:
FROM: TO: $ AMOUNT:
04-5110-4400 04-5140-4001 1,750.
(Misc. Contractual) (Brush & Weeds Misc. Contr.)
WASTEWATER:
FROM: TO: $ AMOUNT:
31-8110-4130 31-8120-4400 500.
(Legal Services) (Misc. Contractual)
31-8130-4400 31-8120-4400 1,500.
(Misc. Contractual) (Misc. Contractual)
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower
NOES
None
ABSENT: None
Discussion held-Councilman Brewer-Henry this money I spoke to Rick last week this money came out of
whatever account that he bought these bags, does this money go back into the account that he took the
money from?
Comptroller Hess-No, sales are treated as revenue it does not replenish an appropriation account.
Councilman Brewer-So, how does he re-coop that money that he has spent out of a certain account that it
wasn't really intended for?
Comptroller Hess-If at some point during the year and there are thresholds of expenditure that you reach if
you need an additional appropriation we can come back. If he runs out of money throughout his accounts
and we come back for additional appropriation but changing a budget appropriation does not automatically
create a scenario where you can transfer revenue to increase an appropriation.
Councilman Brewer-Is there a reason why we can't do that? In otherwords if he spends, I know he cannot
do it this year, because it wasn't on the budget, but if he spends money on a certain item when the revenue
comes back in I do not understand why it cannot go back into that account.
Comptroller Hess-If you do it next year you plan it, you budget the revenue and you budget the
expenditures. When you plan a budget that is what it is you are balancing revenues against expenditures so
when you do it.
Councilman Turner-But Henry he is taking this money out of a specific account and when happens with
that fund, like you said when he runs out maybe he cannot wait until he runs out.
Comptroller Hess-Well, you say when he runs out, we watch the accounts very carefully I do not think, that
is a two million dollar appropriation account we are talking about a couple of thousand here..
Councilman Turner-I am talking about the account the line item that he is taking it out of.
Comptroller Hess-The line item is a four thousand line item that includes a lot of four thousand the only
reason it is on this appropriation if he were transferring it from another similar four thousand it would not
even be here it would be an automatic change within my office so the only reason it is on here is because of
where he decided to take it from. But as far as automatically pre-approving an increased appropriation as
revenue comes in, no you cannot do that.
Councilman Martin-We cannot establish a revolving account for something like this in other words when
an appropriation is made to purchase an item and that happens to be available for public use and sale that
they buy ten dollars per unit say and they buy a hundred of them so we have a thousand dollars come in
can't that be set up in a revolving fund so. . .
Comptroller Hess-To increase an appropriation not without a board action after the fact.
Councilman Brewer-To replenish I thought what we discussed a couple of weeks ago was that and
understood that we I do not know how we can't do it this year but Rick took money and in it and it does not
matter who did it or why they did it, if we take ten thousand dollars out of here, whatever the number is and
we itemized that such as we do with the bags we buy them we pay it out of an account, when the money
comes back in I cannot understand why that money cannot go right back into that same account so that the
money is always going like this and you never have to re-appropriate that dollar amount again.
Comptroller Hess-It is a revenue it comes in as a revenue it does not come in to off set a expenditure.
Councilman Brewer-It cannot be done?
Councilman Stec-Not that I think it matters one way or the other but I know two weeks ago, we did talk
about this and I thought we had decided on one course. I do not think it matters which way we go but I
thought that we had already had this discussion and I thought that the board kind of wanted to set
something aside.
Highway Supt. Rick Missita-Ifthe Town Board authorized a resolution from the revenue back into the
expenditure, can that be done?
Comptroller Hess-If there are criteria and I don't I cannot recite them now this is a type of thing that we
have office hours for. But, if you reach, there are certain thresholds you can reach where you run short in
your funds and you need to ask for additional appropriations they can be established by the Town Board.
As far as pre-establishing that anything that you sell automatically goes into to refund an appropriation
account cannot be done that is correct.
Highway Supt. Missita- I did not say automatically, I said if the Town Board authorizes a resolution to take
the monies that has been coming back in for the sale of the bags
Comptroller Hess-They can do that after the fact.
Highway Supt. Missita-From the revenue account put it back into the expenditure account by resolution.
Comptroller Hess-They can do that after the fact if we have met the qualifications. You cannot increase
appropriations until you have met certain spending requirements.
Highway Supt. Missita-What is a certain expenditure requirements
Comptroller Hess-That is office hour type of thing, you did not ask me to come prepared to explain that but
if you spend down 80% of your budget and needed an additional appropriation then you can get that.
Councilman Brewer-No, we did two weeks ago we had this discussion and I thought that we were all set to
go and I never heard anything back saying that we could not do it and I do not understand why we can't do
it. I guess my reason is because
Highway Supt. Missita-I guess I am back to where we were last two weeks ago if you ask for a resolution
to have it done it was going to be done that was my impression two weeks ago.
Councilman Stec-I think we are talking about two issues here I think the first issue is the money and Rick is
not going to be left hanging dry, out to dry there is going to be money there so how we accomplish that is
one issue and again I do not think it I am going to have a hard feeling one way or the other about it but the
other issue is that we talked about this two weeks ago and I thought that we had decided which way we had
wanted to go.
Councilman Martin-What I would like to know is just and I think it makes sense is there a way that we can
make something like this like self sustaining? Is there anyway it can be accomplished?
Supervisor Brower-Yea, budget it every year.
Comptroller Hess-There is documentation on this I do not know what the board has discussed because I
really have not been invited to participate in that but, apparently
Councilman Stec- Y ou were here.
Comptroller Hess-And I said that we could not do that and you challenged me then and I said no...
Councilman Brewer-I do not recall you saying that you could not do it. I recall you saying you do not
know if we could do it
Comptroller Hess-And subsequent to that the next day I researched it and sent Rick a notice saying that we
cannot do that but here is what we can do. Here is how we are going to account for it. Later that week
Mark Schachner got a hold of me and said the Board Members want to know where we stand so I gave him
a memo saying ok, here is exactly where we stand and I understand that he shard that with the Board at
workshop last week. And nothing has changed since that meeting last week.
Councilman Brewer-We really did not talk about it, we talked a little bit about it I did not know that we
could not do it.
Supervisor Brower-Well frankly I really do not feel that it is a big deal, either way.
Councilman Stec-No it is not a big deal
Supervisor Brower-It is an accounting procedure
Highway Supt. Missita-The only big deal is that if! have to keep taping monies that has been assigned for
something else then this project that we are accomplishing or trying to accomplish for the taxpayers isn't
going to fly very well if I have got to tap everything I got when I have got monies coming back in that we
are spending for these bags. If a Town Board can do a resolution to get that money back from the revenue
back into the expenditure account so I do not have to keep loosing money for other things that has been set
aside for the year. That is the big deal I guess if you will.
Supervisor Brower-Well I think we can appropriate money if necessary anytime.
Highway Supt. Missita-I understand but Henry's appropriation of money is from my own accounts not from
what you have and what I am saying is if we are bring in this money that we are spending on these bags and
the money is coming back in by Town Board resolution is it possible to have that monies from revenue put
back into the expenditure? That was my question.
Councilman Stec-Rick is saying in effect money is flowing out of his share of the budget into another
portion of the town budget and that is hindering his departments operation. I understand what Henry is
saymg
Supervisor Brower-I do not think it is, but if it were we would address it and we would approve
appropriations.
Councilman Stec- That is why I say it is not a big deal.
Highway Supt. Missita-I think that is what we discussed two weeks ago though.
Councilman Stec- The other issue, I know we sat in this room and we just made a decision two weeks ago
and all the players were here everyone was here and we made a decision to go one way.
Comptroller Hess-Can I ask what that decision was I do not recall it.
Councilman Stec- Y ou were at the meeting, Rick was at the meeting.
Comptroller Hess-I heard you say that and I specifically said you do not have enough information to do that
let me find out and I found out that you cannot do that.
Councilman Stec-I honestly do not remember that I thought that we had made a decision.
Comptroller Hess-I think the missing link is here you really need to find out what the law and what good
accounting practices dedicates what you can here. I..
Councilman Stec- If the concern is that we are going to run out of money I am not worried, that is not the
issue and Henry I agree with you that we have got to do whatever is in accordance with the law I have no
beef with that what I am saying the conversation as I recall it was we made a decision yes, this can be done
and yes we are going to do it that is what I remember from that conversation.
Comptroller Hess-I remember you saying you want to do it you certainly did not say you were going to do
it because you did not have that information and I specifically said I do not know if you can do that I will
have to get back to you and the next day. . .
Councilman Martin-What about this then, can we set up an account for purchases of bag in the Highway
Dept. ?
Comptroller Hess-You have one.
Councilman Martin-We have one. The answer is yes, then.
Comptroller Hess-And money has been transferred into it.
Councilman Martin-Now, when the revenue comes in can we set up a revenue account that is labeled
revenue from sale of bags?
Comptroller Hess-We in effect have that. But, you cannot tie the two together.
Councilman Martin-Alright, fine, but as a not formally but as a policy matter then come budget time we
can say here is how much money went out for bags and here is home much money came into the revenue
account for bags and we can in effect do that.
Comptroller Hess-That is an accounting practice we exercise if the Board wants it or not, that is what we
do.
Councilman Martin-This particular issue I can see where it make sense I would like to see this as a self
sustaining program so we do not have to take money out of the general fund for it that once we give it this
one shot seed money like we talked about two weeks ago it can be self sustaining. I think that is just good
policy.
Comptroller Hess-There is no money coming out of the general fund for this ..
Councilman Martin-I mean out of the Highway Fund.. so the Highway Fund has made a one time
contribution to this fund and now it can be self sustaining by we draw the revenue account from the sale of
the bags to fund it next year.
Comptroller Hess-That does not happen that way.
Councilman Martin-It may not happen formally but we can in effect that is our policy.
Councilman Brewer-Rick took this money out of and correct me if! am wrong account number 045110-
4400 to buy these bags it went to brush and weeds misc. 045140-40001 which is still under highway, if you
are missing five thousand dollars or whatever the number is from this highway repairs how does that, why
didn't we in the first place take money out of the general fund to buy these with?
Councilman Stec- Take money out of the general fund put it in the highway fund earmarked for this brush
program.
Councilman Brewer-Fine, I do not understand why we took it out of his money anyway.
Councilman Stec-I understand Rick's concern although like Dennis said
Councilman Brewer-He is not going to run out of money there is no question. We just did it wrong so .. .do
it right.
Comptroller Hess-That is a very valid point, when you passed that resolution and I looked and it said
Highway that was a decision somebody made when they asked for the resolution that could have been from
the general fund at the time, but the decision was made to write it for highway and you made a highway.
Councilman Stec-But the intent was that the proceeds from that sale would reimburse themselves.
Councilman Brewer-Exactly.
Councilman Stec-And he is saying I am not seeing that reimbursement and I understand that and like you
say we are spending way too much time on this already except that the other issue was I know in my heart
of hearts that we made a decision two weeks ago. We did not talk about it maybe.
Councilman Martin- I just like the idea that the program is self sustaining and we are not going to the real
property tax or some other tax to fund it that it is funding itself. That is the broader policy issue I know this
is a small amount of money here but there are other ways maybe in the future that larger issues could be
funded in that manner and I think that makes good sense.
Councilman Brewer-I do not think it is so much the dollar amount Jim, I think it is the whole principal
behind the program.
Councilman Stec-Like Jim said next time this could be a million dollar issue not a five thousand dollar
Issue.
Councilman Brewer-Now still at hand the five thousand dollars that he is missing from that account does he
ever get it back?
Councilman Turner-When does he get it back?
Supervisor Brower-I am not an accountant gentlemen but I am the Chief Fiscal Officer of the Town and I
rely on a professional that we have here to determine how we appropriate money how we spend it and
frankly I see this as really semantics because no matter what we are going to make sure that you know there
is enough money in there for bags and next year in the budget so I do not really see an issue here and with
that I would like to vote.
RESOLUTION AUTHORIZING ASSUMPTION OF LIABILITY OF TOWN OF QUEENSBURY
WORKERS' COMPENSATION CLAIMS PRE-DATING JANUARY 1ST, 2000 AND ENGAGEMENT
OF COOL RISK MANAGEMENT TO PROVIDE THIRD-PARTY CLAIMS MANAGEMENT
RESOLUTION NO.: 208.2000
INTRODUCED BY: Mr. James Martin
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, on January 1st, 2000, the Town of Queensbury changed workers compensation
insurance plans and is no longer a participant in the Warren County Self-Insurance Program (Warren
County), and
WHEREAS, Warren County has been administering and paying obligations on old workers'
compensation claims since January 1st, 2000, and
WHEREAS, the Town of Queensbury wishes to assume future liability for the Town's workers
compensation claims incurred while participating in the Warren County Self-Insurance Program less the
remaining balance of the Town's Contributed Reserve with Warren County, and
WHEREAS, the Queensbury Town Board therefore wishes to engage the services of Cool Risk
Management Services (Cool) to provide third-party claims management services for these workers'
compensation claims, and
WHEREAS, as delineated in Cool's April 25th, 2000 proposal, Cool has offered to provide these
services for an amount to be calculated and payable as follows:
Initial Claims: 23 @ $350 = $8,050
$5,000 payable in advance for Year 2000
$3,050 payable January 2001
Claims Open May 1,2001 @ $350 each
Payable in May 2001
Claims Open May 2, 2002 @ $300 each
Payable in May 2002
Thereafter claims will be administered with no additional administrative fees until all are closed;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town of
Queensbury to assume liability for the Town's remaining workers' compensation claims incurred while
participating in the Warren County Self-Insurance Program, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs engagement of the services of
Cool Risk Management Services to provide third-party claims management services for the Town's
workers' compensation claims predating January 1st, 2000 that were originally filed with and managed by
the Warren County Self-Insurance Program, such services to be paid at the rates set forth above and as
presented in Cool's April 25th, 2000 proposal presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or
Town Comptroller to execute any documentation necessary in connection with this Resolution and further
authorizes and directs the Town Comptroller to handle all actions described in this Resolution and take
such other administrative responsibilities and actions necessary to effectuate the terms of this Resolution,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Comptroller and/or Town Counsel to notify Warren County SelfInsurance of this Resolution and apply for
reimbursement of the remaining balance of the Town's Contributed Reserve together with an accounting
therefor.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower
NOES
None
ABSENT: None
Discussion-Comptroller Hess-What we are doing tonight, this has nothing to do with the decision to change
coverage from the County to the State Fund, that has been done and completed this is simply the overlaping
the continuing claims that were incurred under the Warren County we are moving them out into a we are
bring them in house putting them under the hands of a third party administrator. There is an estimated item
I would not say cost savings but we believe that we have a better handle on our costs with what we are
doing here to the tune of approximately sixty five percent less than what our County estimate is and has
also given us what we believe is better claims management and better cash flow.
RESOLUTION AUTHORIZING RECOVERY OF 1998 INSURANCE REFUND FROM WEST GLENS
FALLS
VOLUNTEER FIRE COMPANY, INC.
RESOLUTION NO.: 209.2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. James Martin
WHEREAS, fire protection services are provided to the Town of Queensbury by the Town's five
(5) fire companies, including the West Glens Falls Volunteer Fire Company, Inc., in accordance with
agreements between each Fire Company and the Town, and
WHEREAS, the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) owes the Town
of Queensbury $12,324 for an insurance refund received in 1998, and
WHEREAS, the Queensbury Town Board wishes to cover additional heating expenses incurred up
to $10,000 due to delays in the construction of the Fire Company's new fire station, and
WHEREAS, the Town Board wishes to net the two items, resulting in the Fire Company owing
the Town of Queensbury $2,324,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes recovery of the $12,324 1998
insurance over payment, less $10,000 for additional heating costs, resulting in the West Glens Falls
Volunteer Fire Company, Inc. owing the Town of Queensbury $2,324, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to make
the arrangements to receive the overpayment and effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES
Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES
None
ABSENT: None
5.0 CORRESPONDENCE
NONE
6.0 TOWN COUNCILMEN'S CONCERNS
Supervisor Brower-Commended Mr. Missita for starting the spring cleanup program today.
Highway Supt. Missita-Noted that Ward 4 was started being picked up today... we hope to get each ward
done in a week. Noted an agreement is being written up leasing our shoulder machine to Warren
County. . .
Supervisor Brower-I want to make sure that Rick gets the credit for this, they worked out a great deaL...
Board commented that the spring pickup is very positive.
Mrs. Barbara Bennett-Noted she did not get a flyer on the pickup...
Supervisor Brower-Noted that the notices were massed mailed to the residents.
Mrs. Bennett-are you required to use special bags?
Supervisor Brower-Yes, they can be purchased at the Town Office...
Census update for Board Members-Queensbury has a 72% response rate. . . that compares to the 1990
response rate to date as 67% we are up 5%... we have met our goal... people will be out recanvasing
.. . noted overall Warren County is 3% over what they were ten years ago... Noted he visited with Rodney
Mosher at Pine View Cemetery and he is feeling better after his surgery and I also had a tour of the
crematory. . .
Councilman Martin-Noted he had talked with the Mayor and at the next water and sewer board meeting
they are going to approve letting water from Queensbury Forest onto the watershed property...
Supervisor Brower-Hopefully we will have a solution to Queensbury Forest this summer.
Councilman Brewer-noted that Mr. Nace had stated it would take two months to get the easements etc. for
this project.
Councilman Martin-Noted he had spoken to the Mayor regarding purchasing of sewer capacity...
Councilman Turner-RE: Sidewalk... to be brought up at workshop session.
Councilman Martin-Re: Land trust status...
Executive Director Round-We will review this with the Board on May 15th.
Councilman Martin-Requested that board talk about beautification of Right of Ways on May 15th.
Supervisor Brower-Requested that this be done in a workshop session.
Councilman Martin-We need to retain professional help in doing the right of ways and have a plan the
phasing of it, estimating cost per phase and substance and material with each phase so we know what we
are getting into and we have a capital improvement plan in that manner. . . would like to have Chris do an
RFP out for said project.
Board agreed to talk about this next Monday night in workshop session.
Councilman Stec-Re: Sidewalks requested to talk about Burke Drive... need written policy... requested that
Chris Round attend the meeting on Monday night.. ..also noted Route 9 sidewalks.. .Re: Drainage Sylvan
and Potter. . . and also Gurney Lane drainage situation... discussed open forum time limit, should be five
minutes for everyone, needs to be enforced.
Councilman Martin-Noted he wanted the open forum to be for town business...
Councilman Turner-Limit to five minutes...
7.0PLANNED DISCUSSIONS
Mr. John Salvador-Lake George Alternatives Need to change the so called Lake George law such that we
could come forth with new state of the art alternatives waste water treatment facilities that would allow
North Queensbury to discharge into the Lake George Basin. . . reviewed the history of the Lake George
Law...
Councilman Martin-Spoke to the Board regarding Supervisor Fran Walter's efforts to have the law changed
to be able to discharge into the Lake George Basin..noting that with new waste treatment new alternatives
are available such as discharging into the wetlands. . . noted other communities in the country have done
this...
Mr. Salvador-Law to be changed Environmental Conservation law 17-1709 that was amended in 1979 that
precludes the construction of new sewage treatment plants discharging in the Lake George Basin. . .
Councilman Martin-The EP A came to the conclusion and stated in writing that the alternative solution for
Lake George is small potentially package plants or this type of alternative treatment.
Councilman Brewer-questioned if the grant was specifically for what they are designing now or can that be
used for this alternative?
Supervisor Brower-That is for Warren County...
Mr. Merrill-Questioned if we are fragmenting the Environmental Review Process shouldn't this be
considered as part of the total allover environmental review that it will take place?
Councilman Martin-I think it should be.
Mr. Merrill-As part of it rather than running off on your own fragmenting the process this is part of a bigger
picture. When the environmental review comes up that is the time to bring this issue up and address it at
that point, not tonight. ... discuss the public perception of discharging outside of the district. . .
Councilman Martin-Spoke to the Board regarding a plant behind the No. Qsby. Fire House.
Mr. Salvador-Questioned what Warren County plans were from Bolton Landing and Lake George Village?
If they would join us in changing the law there are solutions to this. . .
Supervisor Brower-Suggested that Mr. Salvador and myself meet with Mr. Lamy regarding this proposal.
Councilman Martin-Suggested that a resolution from the board in support of the change in law be
formulated and brought to Mr. Lamy by the Supervisor ...
8.0ATTORNEY MATTERS
Counsel Hafner-In 1998 the Town of Queensbury got a small judgement against John Brock and J&A
Marine Inc. in the amount of $200. he is now doing some financing and he wants to get a discharge, and to
get a discharge he has to pay us. We have to authorized the Supervisor to sign, (passed out a
resolution). . . for the board to consider.
RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE SATISFACTION OF JUDGMENT
CONCERNING JOHN BROCK AND J&A MARINE, INC. V. TOWN OF QUEENSBURY
RESOLUTION NO.: 210,2000
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town has been asked to provide a satisfaction of judgment for a judgment
entered in the Warren County Supreme Court on March 2nd, 1998 in a matter between the Town and John
Brock and J&A Marine, Inc. upon payment in full of the amount owing, being the amount of $200 plus
interest,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor to sign a satisfaction of judgment concerning the matter of John Brock and J&A Marine, Inc. v.
the Town of Queensbury entered on March 2nd, 1998 in the Warren County Supreme Court for the amount
of $200 plus interest, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor and or Town Counsel
to take such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of May, 2000, by the following vote:
AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES None
ABSENT: None
Counsel Hafner-Spoke to Chuck White of the New York State Police Dept. they have gotten authorization
for our lease. . .
Mr. Salvador-Requested the speak to the board...Re: Amend Building Code by the State of New York...
Councilman Martin-It is due to be enforced by the spring of next year.
Mr. Salvador-Are we aware...
Supervisor Brower-We are sending people to training this summer.
Mr. Salvador-Discussed Smart Growth with the Board.
RESOLUTION TO ADJOURN MEETING
RESOLUTION NO. 211.2000
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting.
Duly adopted by the following vote:
AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower,
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury