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1991-06-17 REGULAR TOWN BOARD MEETING JUNE 17, 1991 7:05 P.M. MTG#27 RES#343-361 BH 27-29 BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR GEORGE KUROSAKA-COUNCILMAN MARILYN POTENZA-COUNCILMAN RONALD MONTESI -COUNCILMAN BETTY MONAHAN-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul Naylor PRESS: Channel 8, G.F. Post Star, WWSC PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA SUPERVISOR BORGOS OPENED MEETING ... We have a prepared agenda for this evening that has 3 public hearings and a couple of regular session items and presentations and discussions. But I noticed alot of people in the audience and on the way in I wondered if they were heading for the right building. I said what are you looking for and then they told me what they were looking for and I said well, I guess you came to the right place. I didn't know it was going to be an agenda item tonight, it will certainly be discussed if someone wants to discuss it. Someone said will I please discuss this at the very beginning just for a minute to let you know and some of you wanted to go home. So that's, ifIjust take a minute without getting into a long discussion because we do have a public hearing scheduled which must be held. But I've been given a copy of a letter dated June 14th from a Sue Murphy, addressed Dear Neighbor, and its about, well I'll just read it for everybody ... COUNCILMAN MONAHAN-Steve, excuse me, I think right now, since my name is mentioned in that, I have called Sue Murphy, a representative of the neighborhood and told her that there are inaccuracies in that letter and I think the neighbors are aware of that. SUPERVISOR BORGOS-Okay, without reading the letter then what it says in essence and I have not studied it or have I read every word, but it says that I as your Supervisor am in favor of locating the Warren County Ash Landfill at the site of the present landfill on Ridge Road. That is totally inaccurate. I'm on record at County meetings, at Town meetings, in letters, many, many times as being opposed to that. I have said many times for the record that since really no one knows for sure what the ash situation is, I want to investigate it further before its located anywhere in Warren County let alone right here on Ridge Road. We have been asked recently to look at the proposed criteria for siting a landfill somewhere in Warren County. We all have had input on that. I have expressed my input and my letter has gone off to Fred Austin today together with the letter from Mrs. Monahan and the letter from Mr. Montesi, expressing our input. I will tell you that I have expressed many times my thought that the State should not take the position that we exclude any area in the State from consideration for being a landfill just because there's sand and gravel in the ground. I don't think that's a good criteria and I've attended many, many meetings that would lead me to that conclusion. Further I think it's important for you to know that, just for reassurances purposes, that there is no evidence whatever that even without a liner at our present Ridge Road Landfill that there's any contamination of the ground water. We've had 10 years of testing results that show that they are clean. In fact the Department of Health recently did additional tests of private wells in that entire area that came up with a couple of concerns but we don't believe them to be from the landfill. You should know further that there is a hazardous waste landfill adjacent to our site that has been closed properly, that has been there for many years, that does contain hazardous materials. That's the old Ciba Geigy lagoon. That is properly lined, properly closed and again no evidence whatever of contamination from their multiple wells in that area. So you are as far as we can tell, very safe to be living where you are. I am on record that if Warren County should decide to locate a landfill in Queensbury and if it should go on Ridge Road, then we would at least insist as a minimum that the County bring in Town water supply to all the homes within a mile of that property. So I can see a little bit of odds and ends of truth and fiction being mixed together in this letter. I'll say once again, I am not in favor of an Ash Landfill at that site and in particular I've asked Fred Austin to try to separate the Ash Landfill from the other components of a proposed landfill where ever it goes to be sure once and for all that if there's going to be ash somewhere, we know what we're really dealing with and we take care of it properly. So don't any of you think for a minute that I'm out pushing for an Ash Landfill in your backyard and at this point we're only in the criteria stage for the County. DEC is on record as saying they won't even consider our landfill as the County Landfill. All that I am trying to say and this Board said a couple of years ago, I think it was an unanimous vote of this Board, was that we should consider our site because in terms of dollars and cents, your pocketbook, all other things being equal and presuming it is absolutely safe, it makes alot more sense to haul the trash a short distance instead of somewhere to Warrensburg or somewhere to Pottersville or Chestertown. You would pay 2 or 3 or 4 times as much to go there. But there is nothing, again there is no push to have an Ash Landfill in your backyards. That's definite. Now certainly you may stay and we can talk about this at great length in open forum if you would like, you can ask questions at that point. But if any of you want to go on the basis of hearing that, you certainly may do so. COUNCILMAN MONAHAN-Steve, may I... SUPERVISOR BORGOS- Yes. COUNCILMAN MONAHAN-Interject something here because I think the people are hearing what I am hearing. You say you are not in favor of an ash landfill there, ash siting, whatever you want to call it, but and here's the but, but if Warren County should decide to put it there and I think we're hearing double messages here and I have been hearing it from comments that have been made. SUPERVISOR BORGOS-Well I wish ... COUNCILMAN MONAHAN-Just a minute please ... SUPERVISOR BORGOS-I wish you would have the courtesy Betty of addressing these things to me during the daily conversations that you and I have. You have never... COUNCILMAN MONAHAN-I was, I was very ... SUPERVISOR BORGOS-Now just a minute. Number 1, this is not an agenda item. I'm doing a courtesy to your constituents to up front tell them, I have never pushed for an ash landfill and you again just said, you misquoted me again. I have said if Warren County wants to have it's County Landfill there, it should at least be considered but I said specifically I will oppose the ash landfill component of that. You're again trying to twist and turn and I'm tired of it, I'm fed up with it. If you want to complain, complain to me face to face in person, get these things resolved... COUNCILMAN MONAHAN-Steve ... SUPERVISOR BORGOS-Instead of making political hay with all these people ... COUNCILMAN MONAHAN-Whoops, whoops ... SUPERVISOR BORGOS-who are tired of this. COUNCILMAN MONAHAN-I am not making political hay. I, you made a comment something to this, as you did tonight which can be taken 2 ways as regard to the siting of the ash dump at the meeting we had going over the criteria. What these people I think are here tonight to emphasis to this Board and to Warren County, that in no way do they want to see Queensbury Landfill considered for an ash dump. I think they want to come in early, they want to make their position known both to this Board and to Warren County so that they right up front, they are saying, we do not want this, we do not think this is a safe, a safe or for many other reasons to have this in our neighborhood and that's the message they came to convey. If you are saying that if ... SUPERVISOR BORGOS-Right and at the appropriate time of the meeting they may do that. COUNCILMAN MONAHAN-Okay. I just wanted to get this clear so they'll all know which road we're going down. SUPERVISOR BORGOS-I think that's a wonderful idea. Okay, first we need a resolution calling for this Board to become the Board of Health. RESOLUTION CALLING FOR THE BOARD OF HEALTH RESOLUTION NO. 343, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn Regular Session and enter as the Queensbury Board of Health. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - NORMAN E. & JOYCE M. TEATOR NOTICE SHOWN 7:14 p.m. (Councilman Montesi entered meeting) SUPERVISOR BORGOS- The hearing is opened. Is there anyone here who wishes to speak for or against or ask questions about this particular request for a variance? LEON STEVES-The Teators have a system in place and it has failed and over the winter they have used in moderation because of this condition. They wish to replace this system and in so doing that's the reason they are here tonight, they ask for the variance. The system itself that is there and is proposed is within the 100 feet of their own well but it is the 100 feet separation between that system and the adjacent well on Burdich. It is very close to the same if not exceeding the 100 feet to the well on the lands of Cook and of course it is well over 100 feet from the lake. There is only one area on the lot that is suitable for the replacement and that is basically as shown. The Teators have gone to the adjacent owner, Dr. Barber and asked for perhaps a purchase of land which would enlarge their holdings and also put it further away from the lake and everyone's well. Dr. Barber was not receptive to that and did not wish to make the sale. So that's why we are here tonight for the variance request because all other avenues have been exhausted. SUPERVISOR BORGOS-I'lljust ask a question. We always have prepared resolutions so that we could act on each of these requests. Part of this prepared resolution indicates that the Local Board of Health would impose a condition upon the applicant that he must also secure the approval of the New York State Department of Health. To the best of your knowledge would the State Department of Health approve this? Have you checked with them? MR. STEVES-Only that the Department of Health really doesn't want to get involved in this singular lot. There review is basically on subdivisions. SUPERVISOR BORGOS-Quite often however, when people come before us we impose this same condition and the individuals then agree that they will go to the Department of Health and as Mr. Steves says, they typically will do their work but they don't go out looking for this kind of effort. You would be willing to comply with their decision? MR. STEVES-Yes, we would definitely go to, talk to Brian Fear and see if he review the plans. SUPERVISOR BORGOS-Any other Board members have any questions? COUNCILMAN MONAHAN-Well I was just going to ask Paul because I'm with you Steve, that I think normally we've always have an area in there where the Department of Health has approved and so and so forth. SUPERVISOR BORGOS-Right and that is in here that they would secure it. COUNCILMAN MONAHAN-We say that they have to, yes. Sometimes we see it, when we see the vanance. SUPERVISOR BORGOS-Occasionally when people first submit the variance request, they bring in the Department of Health stamp. Not always, but occasionally. COUNCILMAN MONTESI-Leon, what are the alternatives if this is turned down by this Town Board, what are the alternatives? MR. STEVES-The only alternative would be a holding tank. COUNCILMAN KUROSAKA-It's the only place you can put it on the lot. COUNCILMAN POTENZA-Realistically this is a better system than has previously been in, if the distances are better than previously been, so although it's not the perfect solution, it's the best possible solution at this location. I don't have a problem with it. COUNCILMAN KUROSAKA-I don't have a problem with it either. SUPERVISOR BORGOS-Other Board members, any other questions? Thank you. We have a member of the public, would you come forward and state your name please? If you just step aside for a moment in case we have other questions, we'd appreciate it. COUNCILMAN KUROSAKA-State standards have been 50 feet, went to 100, now you've got 150. I've got a well that's 50 feet from my septic, it doesn't do anything. VIOLA COOK-The neighbor immediately south of the Teators. Last fall we were asked permission for them to locate their seepage pit within a 10 foot limit of our line. That is approximately 75 feet from our well and we are already having problems with our well. We have contaminated water. So we didn't think that was a good idea. Then I got a call from their surveyor about 3 weeks ago and he said they had no other place to go but replace the system at it's present location but update it. But they wanted us to sign a statement to the affect that we were aware of what they were doing. That I don't feel we should have to do. SUPERVISOR BORGOS-I think that, Betty did you propose that statement a couple of meetings ago? COUNCILMAN MONAHAN-No, the statement that we asked the applicant to sign is the same one that they sign for the Department of Health that they hold us harmless, if they have any pollution as a result of placing this too close, their septic system and a well too close together. That's the statement that they sign. SUPERVISOR BORGOS-I thought there was some concern fairly recently that we notify neighbors about that. Perhaps not. COUNCILMAN MONAHAN-Oh, yes, the fact that they be notified, I think we have expressed a concern that all the neighbors should be notified when this type of thing happens and I assume you were. Were you notified by the Town that this variance was in front of us? SUPERVISOR BORGOS-Did you get a notice? MRS. COOK-Well I got a notice through the mail, yes. SUPERVISOR BORGOS-You did get a notice. Is your objection the fact of the distance or just the fact that you would have to sign a paper that said you were notified? MRS. COOk-Well it is 75 feet and as I said we're having problems. But my main objection is the fact that we must sign something. I don't want to sign anything. SUPERVISOR BORGOS-Let me ask our Town Attorney. Would they be required to sign anything in order for this variance to be acceptable? ATTORNEY DUSEK-No. SUPERVISOR BORGOS- The answer is no. MRS. TEATOR-It's not 75 feet, its 100 feet. MRS. COOK-No it's not 100 feet because our original surveyor told us it was approximately 75 feet. COUNCILMAN POTENZA-According to the drawings it's 100 feet. COUNCILMAN KUROSAKA-According to this map it says 100 feet. SUPERVISOR BORGOS-Let me ask, the surveyor is right next to you. Leon, are we looking at 50 feet or 75 or 100? MR. STEVES-What we're looking at, the Cooks have been somewhat uncooperative which I can understand that and we went to the Town Building Inspectors office and picked up a map there made by Dennis Dickinson of their property showing the well location in respect to their garage and house and their proposed leach field system which we have depicted upon our map. I would like to show a copy to the Board members. SUPERVISOR BORGOS-Sure. COUNCILMAN MONAHAN-Mrs. Cook, will this septic system 75 feet from your well or is it, in other words do we add any, is there any other area in here from the boundary between the 2 of you that gets added to that 75 feet between you and their septic system? Are you 75 feet from the edge of your property, your well to the edge of your property or are you 75 feet from your well to where their septic system is going in? MRS. COOK-Well I understood it, it was 75 feet from the ... COUNCILMAN MONAHAN-Yea because some of these figures aren't jiving that we've got in front of us. MR. STEVES-Let me show you the map that was taken from the Building Inspectors Office. COUNCILMAN KUROSAKA-It's 100 feet according to the map. It should be adequate under most circumstances. (Mr. Steves presented map to Board members, pointing designated areas and their distances) SUPERVISOR BORGOS-Let me ask you Mrs. Cook, if this system were to be 100 feet from your well, would you feel better about it? Our Attorney says you don't have to sign any papers, period. Would you feel the same at 100 feet as you do at 75 feet? Are you objecting to the application entirely or just to the signing of the paper? MRS. COOK-Well if there's no other way but I understand there is a holding tank, there is an alternative. COUNCILMAN KUROSAKA-Holding tank is a pain in the neck lady. It's a real pain in the neck. MRS. COOK-We just put a new system in 3 years ago. SUPERVISOR BORGOS-Just refresh my memory. The present system that has failed, is how far from that well? The same distance? MR. STEVES-Yes it is. SUPERVISOR BORGOS-We're going to establish this at the same place, just make a better system still at the same distance. As I understand the proposal the system has been in there for some number of years and has failed, the proposal is to keep it exactly the same distance away but put a new system in. MR. STEVES-Right. MRS. COOK-They are going to replace the old one in the same spot. SUPERVISOR BORGOS- That's what I understand. MRS. COOK-That's what I understand too. MR. STEVES-Yes. MRS. COOK-But I was told we would have to sign a statement. SUPERVISOR BORGOS-Ijust checked with the Attorney and he said that is not necessary. COUNCILMAN KUROSAKA-No. COUNCILMAN MONAHAN-I don't know who would tell you that. MR. STEVES-We do have that statement from the owner to the north, Barbara Burdick. COUNCILMAN MONAHAN-Well yea but she voluntarily did that. MR. STEVES-Yes she did, that's correct. COUNCILMAN MONTESI-Mrs. Cook your well you said at times has been contaminated or are you not using the well any longer? MRS. COOK-It is still contaminated. We're drawing water when we live there. MR. STEVES-The question of contamination, you know this is really getting carried away but the question of contamination has to be asked not only is it contaminated today but when was it contaminated. The original system that she replaced was closer to her well within 40 feet of it and obviously contaminated itself. The system should clear itself now with her new system back 100 feet. SUPERVISOR BORGOS-You're talking about the Cooks system, the original Cooks system was 40 feet closer than their new Cook system? MR. STEVES-Cooks, right. SUPERVISOR BORGOS-So it's possible that there own system contaminated it. MR. STEVES-That's correct. MRS. COOK-But it's been 3 years and it's still contaminated. COUNCILMAN MONTESI -Yes, but sort of a unique situation here too, the wells are at the bottom of the hill and the septic tanks are on the top. MRS. COOK-Thats right. MR. STEVES-Exactly. MRS. COOK-They are up higher than we are so it's going to flow back down, there much lower than we are. MR. STEVES-It's not an ideal situation. SUPERVISOR BORGOS-Is there anything else that any of you would like to say while you are up here. COUNCILMAN KUROSAKA-I think your problem is the statement that it's going in the same place is wrong. It's not going in the same place is it? MRS. TEATOR-No it's not. It's going to be further away, it's going to be 25 feet more away. It's going to be 100 feet away ... MRS. COOK-It's going to be the same size of the original, where it is now, I understood. COUNCILMAN KUROSAKA-Further away. MRS. TEATOR-In the same area but it's ... SUPERVISOR BORGOS-But still 25 feet further. MRS. TEATOR-Further away. Yes, 25 feet further away. SUPERVISOR BORGOS- That's important. Would you state your name please? NORM TEATOR-I'm one of the owners of the property. I just want to say that we've really made an effort to change the whole process by purchasing some land from an adjacent property. We really have made an effort not to have to go through this process of annoying our neighbors or imposing on them in any possible. But nothing else seems to be working. It just didn't work. So this is our only option. We're down to the last straw here. So I just wanted you to know that. SUPERVISOR BORGOS-Thank you. Any further comments from any of you? COUNCILMAN MONAHAN-No I would only make a request for in the future if you have to replace any bathroom fixtures that you use the new 1.6 toilet and the water saving fixtures. MRS. TEATOR-We do have that in our bathroom right now. COUNCILMAN MONAHAN-Do you? Good because you will put alot less pressure on your septic system. SUPERVISOR BORGOS-Okay all of you may sit down if you would like. Thank you for speaking. Is there anyone else in the audience who would like to speak about this particular request or ask any questions about it? Town Board members any questions about this? COUNCILMAN KUROSAKA-No. PUBLIC HEARING CLOSED 7:25 p.m. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR NORMAN E. & JOYCE M. TEATOR RESOLUTION NO. 27, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, Norman E. & Joyce M. Teator previously filed a request for three (3) variances from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provision being more specifically that requiring there be a 150 foot separation between a seepage pit and well or suction line, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on June 17, 1991, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER RESOLVED, that the Town of Queensbury Local Board of Health grants three (3) variances to NormanE. and Joyce M. Teator, allowing the placement of the seepage pit: 1) 53 feet from their well; 2) 100 + feet from the well on the property to the south; and 3) 100 + feet from the well on property to the north rather than placing it at the mandated 150 foot distance(s), on property situated on Hall Road, Queensbury, New York, and bearing Tax Map No.: Section 45, Block 3, Lot 78. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR ALICE MACLEAN JAMES RESOLUTION NO. 28, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Ms. Alice MacLean James has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Septic Tank " 50 " " " (Holding Tank) and WHEREAS, Ms. James has indicated a desire to place the septic tank (holding tank) 36 feet from Lake George rather than placing it at the mandated 50 foot distance, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on July 8th, 1991, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Ms. Alice MacLean James to place the septic tank (holding tank) 36 feet from Lake George rather than placing it at the mandated 50 foot distance, on property situated on Pilot Knob Road, Warner Bay, Lake George, Town of Queensbury, New York, and bearing Tax Map No. : Section 19, Block 1, Lot 29, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR REGULAR SESSION OF THE TOWN BOARD RESOLUTION NO. 29, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that the Queensbury Board of Health hereby adjourns and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None QUEENSBURY TOWN BOARD PUBLIC HEARING - PROPOSED LOCAL LAW - BLOCKING HIGHWAYS NOTICE SHOWN 7:28 P.M. SUPERVISOR BORGOS-The public hearing to discuss a proposed local law dealing with blocking of highways for certain events, parties and so forth. At this point we ask anyone to step forward, state your name and address and state your opinion or ask questions about this proposal which would provide opportunities for some neighborhoods under special conditions to be able to block a portion of the Town road or street for the purpose of having a party or celebration that is otherwise legal. Anyone wish to speak for or against? Mr. Naylor, would you state your name and address please and affiliation? PAUL H. NAYLOR, Highway Superintendent, Town of Queensbury-Probably the biggest question that is asked of me every year is, can I close the road for my son's graduation party, and I have to say no because its against the law. So hopefully Mr. Dusek wrote this one nice and tight so everybody at graduation and I can close Veterans Lane so the fireman can run up the ladder and fall over the barrels and everything will be A-Okay. Okay? I'm done. I've got a date, I've got to go. SUPERVISOR BORGOS-I won't tell anyone its your wedding anniversary tonight. MR. NAYLOR-Don't tell my wife either. COUNCILMAN KUROSAKA-I'll tell Mary. COUNCILMAN MONTESI-It's my 30th too. SUPERVISOR BORGOS-Okay, anyone else wish to speak about this subject? COUNCILMAN POTENZA-I have had many requests from people in my ward that live on either connecting streets or streets that connect Aviation Road with Dixon and there certainly avenues to go around those roads. They request block parties or graduation parties and I think it's a way for neighbors to get together and enjoy each other. As long as we can do it legally, I support the resolution. COUNCILMAN KUROSAKA-I think we've all had requests like that. I have. SUPERVISOR BORGOS-What is your pleasure? First we've got to close ... COUNCILMAN MONAHAN-Excuse me, may I ask Paul Dusek a question please? SUPERVISOR BORGOS-Sure. COUNCILMAN MONAHAN-Paul, I'm concerned closing a street, the street belongs to us, parties going on, liquor going on ... liquor liability law, do we have any liability? ATTORNEY DUSEK-I don't think so. COUNCILMAN MONAHAN-Okay, that's all I needed to know. PUBLIC HEARING CLOSED 7:32 p.m. RESOLUTION TO ENACT LOCAL LAW NUMBER 11 , 1991, A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 150 TO BE ENTITLED, STREETS AND SIDEWALKS - TEMPORARY BLOCKING, WHICH CHAPTER PROVIDES FOR THE TEMPORARY BLOCKING OF TOWN STREETS, HIGHWAYS, AND ROADS FOR PURPOSES OF CELEBRATIONS AND SIMILAR EVENTS RESOLUTION NO. 344, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law regarding the temporary blocking of streets, highways, and roads for purposes of allowing a neighborhood block party celebration, or other like event, and WHEREAS, a copy of the proposed Local Law entitled, "A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 150 to be Entitled, Streets and Sidewalks - Temporary Blocking, Which Chapter Provides for the Temporary Blocking of Town Streets, Highways, and Roads for Purposes of Celebrations and Similar Events," has been presented to this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on June 17, 1991, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the approval and adoption of the proposed Local Law entitled, "A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 150 to be Entitled, Streets and Sidewalks - Temporary Blocking, Which Chapter Provides for the Temporary Blocking of Town Streets, Highways, and Roads for Purposes of Celebrations and Similar Events," the action about to be undertaken, is a Type II Action, as the same is prescribed by the rules and regulations of the New York State Department of Environmental Conservation, and adopted in accordance with the State Environmental Quality Review Act, and therefore no further environmental review is necessary, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the aforesaid, proposed Local Law to be known as Local Law Number 11, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NUMBER 11,1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 150 TO BE ENTITLED, STREETS AND SIDEWALKS - TEMPORARY BLOCKING, WHICH CHAPTER PROVIDES FOR THE TEMPORARY BLOCKING OF TOWN STREETS, HIGHWAYS, AND ROADS FOR PURPOSES OF CELEBRATIONS AND SIMILAR EVENTS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by adding thereto a new chapter to be Chapter 150, Streets and Sidewalks - Temporary Blocking, to read as follows: SECTION 150-1 - Purpose: This Local Law is adopted pursuant to the authority set forth in Town Law Section 64(lO-b). The purpose of this Local Law is to provide for the temporary blocking of Town streets, highways, and roads in a safe manner to allow neighborhoods to have neighborhood block parties, celebrations, graduation parties, fire parades, or other like events. SECTION 150-2 - Definitions: As used in this Local Law, the following terms shall have the meanings indicated: 1. PARTY - A neighborhood block party, celebration, or event as provided in Town Law Section 64, Subdivision lO-b, but shall not include a garage sale, yard sale, bazaar, rummage sale, or other similar activity having the principal purpose as fund raising for an individual or organization, nor shall it include a political meeting or rally, carnival, or theatrical or musical performances, such as rock concerts or similar events. 2. STREET - A Town street, highway, or road. SECTION 150-3 - Permits and Applications for Temporary Blocking of Town Streets, Highways, and Roads: A. Any person, before blocking or barricading a road in the Town of Queensbury, for purposes of holding a block party, celebration, graduation party, fire parade, or other like event, shall obtain a permit from the Town Highway Superintendent. B. The Superintendent of Highways shall be authorized to issue a permit for the temporary blocking of a street for the purpose of holding a party. Such permit shall allow the temporary blocking of a road on one particular date only, and during a specified time period which shall be of a single duration. An application for such permit shall be filed with the Superintendent of Highways at least 48 hours before the commencement of such party. Such application shall contain the following information: 1. Name and address of applicant; 2. Name of the street or streets, and the description of the portions thereof to be blocked; 3. A description of the specific party to be held; 4. The date and the hours thereof. C. The exact specific nature of the form of the permits shall be determined by the Superintendent of Highways. SECTION 150-4 - Determination of Approval or Disapproval of Application: The permit shall be granted by the Superintendent of Highways upon determining that the party is authorized by Town Law Section 64, Subdivision lO-b, and this Local Law. The permit shall be denied if the Superintendent finds that blocking the street or portion thereof on the date requested in the application will unduly interfere with the flow of vehicular traffic or upon determining that the party is not authorized under Town Law Section 64, Subdivision lO-b, and this Local Law. The Superintendent of Highways shall advise the applicant in writing, of the reason for denial of the application. There will be no fee charged for the permit. SECITON 150-5 - Permit Valid Only for Specified Date and Hours: A permit issued pursuant to this Local Law shall be valid only for the date and hours specified thereon, which shall not be before 8:00 a.m. or after 11:00 p.m. SECTION 150-6 - Clean-up After Street Parties: The applicant shall be responsible for the removal of litter, debris, and other materials from the street or portion thereof used for the party which is attributable to or caused by the party. SECTION 150-7 - Rules and Regulations for Blocking of and Use of Blocked Road: A. Prior to the commencement of the time for which the road is to be blocked, the Town Highway Superintendent shall cause the street or portion thereof to be blocked by devices of his choice to motor vehicles except authorized emergency or hazard vehicles, as the same are defined in the Vehicle and Traffic Law, and to provide detour signs for vehicular traffic. No other person, shall in any manner block or place barricades in the road. B. A street or portion thereof blocked off for a party shall not be obstructed by picnic tables and shall not be obstructed by other obstacles which cannot be readily moved to allow emergency or hazard vehicles to enter in response to an emergency. C. The Town Highway Superintendent shall notify the Warren County Sheriffs Department, New York State Troopers, and appropriate Fire Company and Rescue Squad of the date and time of the road blocking at the time the permit is issued by telephone call followed by written confirmation. SECTION 150-8 - Limit on Number of Permits: No more than two (2) permits shall be granted by the Town Highway Superintendent in any calendar year for the same neighborhood. SECTION 2 - When Effective: This Local Law shall take effect immediately upon being filed in the Office of the Secretary of State. PUBLIC HEARING - PROPOSED REZONING - ROLLO NOTICE SHOWN 7:35 p.m. SUPERVISOR BORGOS-The next public hearing, dealing with the rezoning of the Rollo property on Route 149. Our Attorney wants to say something. ATTORNEY DUSEK-Yes, this particular matter because of the timing of things has not yet been reviewed by the Planning Board in terms of the SEQRA requirements. I understand that this should be before them tomorrow night. So it would not be possible to take action on it. I did bring copies in the event that the Board did not bring their first copies that were original on this. So I have some if you want it while you go through the public hearing or you can use what you had before. COUNCILMAN MONAHAN-I didn't bring mine to be honest with you. SUPERVISOR BORGOS-I think that I remember most of this. Just refresh my memory, this is to go to Highway Commercial, is that correct? ATTORNEY DUSEK-Yes. SUPERVISOR BORGOS-From his current residential classification. ATTORNEY DUSEK-If the Board would like, I did bring some extra copies, I can hand these out. COUNCILMAN MONAHAN-Please. SUPERVISOR BORGOS-Okay, this is a request to go from Single Family Residential 1 acre to Highway Commercial 1 acre. It's our understanding that this had been commercial property prior to the rezoning of the entire Town October 1st, 1988. We are ready to hear from anyone but perhaps before we do, Mrs. Monahan and I did meet a couple of days ago and we discussed with our Town Attorney, Mrs. Monahan's concern. Why don't you speak Betty, tell us what your specific concern was so I don't misphrase it. Do you want to look at these? COUNCILMAN MONAHAN-Yes, I'm just going to give everybody a copy so they can see. My concern was that in Highway Commercial we have many uses that I don't think that we want to see go, happen on 149. I don't think any of us want to see it go another Quaker Road, another, some of the things that have happened down on Dix Avenue since we've let that go commercial and that I feel would be very appropriate up along 149 which is one of the last entrances that we have something to have a chance to keep a quality looking entrance into this Town. Make it attractive in our Town, make it an attractive area hopefully that the tourist will stop here and leave some of Steve's sale tax dollars here for us and everything. So I suggested that Plaza Commercial as part of Highway Commercial and those purposes really fit in with what the people in that particular area have been talking about. On the other hand since it's been zoned or asked to be rezoned for Highway Commercial, we can't do it Plaza Commercial without going through another whole step. So the suggestion from our Attorney was that we do Highway Commercial but take out inappropriate uses. I think the uses we thought would be, I'll read the uses to you. They can do Plaza Commercial. They could have a public parking garage. They could have a gasoline station. COUNCILMAN MONTESI-This is Highway Commercial? COUNCILMAN MONAHAN-Yes and that's what it would be going under. We would take out drive-in theater which is an allowable use under Highway Commercial. Amusement center, golf drive, these will stay in. Everything, unless I say it's coming out, stays in. Amusement center, golf driving range, miniature golf course, recreation facility operated for profit, hospital, nursing home and health related facility, day care center. Auto repair and body shop would come out. I don't think anybody thinks thats appropriate up there. Automobile sales and service would come out. Commercial boat storage, repair and sales would come out. Farm and construction equipment, sales and service. Mobile home sales would come out. Car wash in. COUNCILMAN MONTESI-Farm would come out? Farm and construction come out? COUNCILMAN MONAHAN-Yes because it's a heavy duty use. COUNCILMAN MONTESI-Okay, alright. COUNCILMAN MONAHAN-That doesn't fit in, I mean we're only talking about from Ridge Road over to the Washington County border that's really not an appropriate use there. Car wash would be in, fast food restaurant, dine or bar would be in. Places of public assembly, professional office, office building. Commercial green house nursery would be in. Social club, fraternal organization. Motel, hotel and lodge would be in. Veterinary clinic. All permitted uses in Plaza Commercial zone and retail business relative to ZBA interpretation. So I feel with those removals we could have an area up there that would be a credit to the Town of Queensbury. It would not be, any uses would be a detraction to the neighborhood or decrease peoples value of their property. I also would suggest that we have a 500 foot green area from the edge of 149 back to where any construction could start including the parking lot as we've done in other areas. SUPERVISOR BORGOS-Five hundred feet? COUNCILMAN MONAHAN-No, 50. Did I say 500? SUPERVISOR BORGOS-You said 500. COUNCILMAN MONAHAN-No excuse me. SUPERVISOR BORGOS-Okay, that's almost 2 football fields. The applicant just fell through the floor. Okay with that said and I know I personally could endorse that, let's here from the applicant. COUNCILMAN POTENZA-I'm not sure I could however. COUNCILMAN KUROSAKA-I'm not sure I could either. SUPERVISOR BORGOS-Let's hear from the applicant and anyone else who wishes to speak about this. Would you address to the fact whether you could live with this. FRANK ROLLO, Applicant-Yes, I have no problem with those restrictions. SUPERVISOR BORGOS-Is there anything else you want to say before we let anybody else ask questions. MR. ROLLO- I would be happy to answer any questions I can and there are others here, if I can't answer them, possibly they can. SUPERVISOR BORGOS- Thank you. Anyone else in the room who wishes to speak for or against or ask questions about this application? Any Board members? Yes, would you come forward and introduce yourself please. PEG HASTINGS-I'm from Leg & Pegs's, we're next door neighbors to Rollo. I definitely approve of what you said too. That's no problem at all. SUPERVISOR BORGOS- Thank you. Any further comments? Any Board members comments? COUNCILMAN POTENZA-I just have a couple of problems. One, is this not a form of spot zoning? How can we eliminate the use of these specific site plans in this specific area and not do it through out the Town? ATTORNEY DUSEK-In this particular case it's my opinion that since the Board is rezoning, you have the right when you consider a rezoning to curtail certain uses that you feel may not be compatible with that particular area. For instance, presumably when that original zoning was done, that area was not zoned Highway Commercial because all of the uses of Highway Commercial were not thought to be appropriate in that area. The Board looking at it at this time could consider some of the uses for that area and in fact I would submit that it's probably consistent with what has been, as I understand the Board's working on an overall zone for that area that would allow certain commercial uses. So I don't think it's spot zoning because it's consistent with an overall plan that will be forth coming in the future and that as I indicated, it may not be appropriate to have all those uses in that area. COUNCILMAN POTENZA-Isn't this a mechanism though Paul that we could use through out the Town if we didn't want specific businesses to be anywhere within this Town. If it were zoned commercial and then we made these restrictions on rezoning that piece of property by eliminating specific businesses to go in that area. ATTORNEY DUSEK-Okay if you take certain business out from allover the Town, than you may have a problem. But when you create a zone ... COUNCILMAN POTENZA-Well then God Bless the last piece of commercial property that comes in here and wants to do something for rezoning or a piece of property coming in here and we decide that we don't want a specific business in that area, they are going go get it anyway because if we don't do it, we've eliminated through out the Town. COUNCILMAN MONAHAN-But these uses are already allowed in zones in this Town. We're not depriving people of having these uses because we've allowed for them in areas of the Town. SUPERVISOR BORGOS-We had a long talk about this a couple of days ago in the hallway. Obviously we didn't have a chance to share it with anyone and there's a very fine line here. Is that correct? ATTORNEY DUSEK-Well this is essentially a conditional rezoning to an overall master plan. I mean certainly, there's another issue here and I don't think it's really legal and that is policy. Do you want to do this and that's really up to the Board. From a legal perspective I can advise you that this is a conditional rezoning and it's proper. But from a policy perspective you mayor may not want to go with it. COUNCILMAN POTENZA-I certainly, you know am not going to argue a point that the applicant agrees with because it's for naught. But I think as a point of policy, I don't think it's a good policy to eliminate certain businesses in specifically zoned area in this Town because I think we're going to eliminate businesses in this Town for the sake of just not wanting those businesses here. COUNCILMAN MONTESI-Paul, when rezoned the property for the people up on Corinth Road that came in, specifically around Web Graphics and that area. They wanted to go back to a zone very similar to this and one of the offensive items in that particular zone and in the new master plan was a quarry operation, a mining operation. COUNCILMAN KUROSAKA-Also cement plant. COUNCILMAN MONTESI -Yes, cement plant, batch plant and what you had us do at that time was to go back into the ordinance and change the ordinance and exclude that from the ordinance. COUNCILMAN POTENZA-That's right. COUNCILMAN MONTESI-Which made alot of sense to me. I mean it took longer but it made some sense. Now I guess what, I understand and I'm sympathetic and if Mr. Rollo and Mrs. Monahan whose ward this is, doesn't have a problem with this, but if in fact are these things offensive in any Highway Commercial? COUNCILMAN MONAHAN-No I don't think they are offensive along Quaker Road some of these, we have them there. You know, I think it's a case, if you look at our Highway Commercials through this Town and I've been saying this for quite some times, we should be looking at Highway Commercial zones and not be broad brushing them quite so much. We've allowed some uses that we shouldn't have allowed on Dix Avenue. We've allowed some uses on lower Bay Road that we should not have allowed. That's because we're broad brushing and I think the time has come that we really have to start looking at Highway Commercial if were not going to deteriorate the looks of this Town and deteriorate the opportunities from business because we've deteriorated the whole neighborhood around them. We have to start looking at being responsible for our actions and I think that what we do, we owe a responsibility to business to keep the area around them, the kind that's conducive to their types of business. COUNCILMAN POTENZA-I don't think it's our job to police businesses. I think a business that goes in, I have no objection to any business that's allowed in Highway Commercial, it's the business community and the business owners responsibility and our Planning Board's responsibility to put what restrictions they want on them as far as beautifying them, as far as interior design goes, as far as shrubbing them goes and I don't care what business you have. You can have the nicest looking, what you eliminated here, auto repair shop and there's one of the corner of Quaker and Lafayette that wasn't offensive at all as a body repair shop. So I think when you start pigeon holing businesses that are offensive then you're doing a disservice to the business community. COUNCILMAN MONAHAN-Lynn I am not saying these businesses are offensive. Please, again do not put words in my mouth. I have a mouth of my own I can put words into. What I am saying in this area, they would be inappropriate activities next to some of the other activities in that type of an area. COUNCILMAN POTENZA-I think that's ajudgement call Mrs. Monahan. COUNCILMAN MONAHAN-And if you want to go along and look at Dix Avenue and see some of the big fat messes you made down there for some of the uses you've allowed, I invite you to. COUNCILMAN MONTESI-Paul, one question. How we handle this legally? We're not creating a new zone for the ordinance but the building inspector would have to know or our code enforcement people would have to know that this piece of property specifically the Rollo, it's more than just one, isn't it? SUPERVISOR BORGOS-And Len and Pegs. COUNCILMAN MONAHAN-Yes. COUNCILMAN MONTESI-How do we handle, how do we know 5 years from now that a guy can't come in here and put a new pontiac dealership in there. ATTORNEY DUSEK-As part of the code service, there will be a listing of all properties in Town that have been rezoned and to what they've been rezoned. COUNCILMAN MONTESI-Including the restrictions. ATTORNEY DUSEK-Well it won't set the restrictions there but it will, I think we can provide a little marking or something that will steer the building inspector to take a look at the resolution that originally rezoned it. This is though one practical problem of conditional rezoning and that is that you do have restrictions that appear in resolutions that don't readily appear right in the face of your ordinance. COUNCILMAN MONAHAN-But they could appear on tax maps which is a proper place for them and if we ever get this Town on a computer system in the Planning Department all this stuff will come up automatically. SUPERVISOR BORGOS-Any further comments or questions from any member of the public? Yes sir. JOHN W ALKER-I live at the corner of 9L and 149. I don't really see any problems here as far as Mr. Rollo is intending to do. My question would be this. I think he has 3.818 acres ofland. What will be the size of the lots that are allowed on this 3.818 acres? SUPERVISOR BORGOS-It's my understanding we're looking at Highway Commercial 1 acre. COUNCILMAN MONAHAN-One acre. MR. WALKER-Okay. SUPERVISOR BORGOS-I would have to look in the book to see all the set backs. COUNCILMAN MONAHAN-That's right Steve, you're right. MR. WALKER-Where is the big problem? What are you going to put on a 1 acre lot today? You've got 3.81, he's got to have some highways in and out. How many lots are you going to make out of this? Three? COUNCILMAN MONTESI-One. SUPERVISOR BORGOS- Three maximum. MR. W ALKER- Three, maybe, maximum. COUNCILMAN MONTESI-That would mean he would have to come back for a subdivision review. COUNCILMAN POTENZA-That's right. MR. W ALKER-I don't hardly think you are going to see a pontiac dealership or a buick dealership or whatever on a 1 acre lot. You've got a 200 by 200 if I'm not mistaken to make up a 1 acre lot. SUPERVISOR BORGOS-Approximately. MR. WALKER-So in that effect right there, you have a restriction without running through all the rest of them. COUNCILMAN MONAHAN-Mr. Walker I beg to differ with you but we thought this was true in other areas of Town and we're learning to eat our words because it has not worked out that way. SUPERVISOR BORGOS- Thank you. Any other members from the public? RUSS O'CONNOR-With my partner I own the property next door to the Rollo property and I would just like to ask a couple of questions. Would you just repeat what you are eliminating from this? COUNCILMAN MONAHAN-Okay. A drive-in theater, the auto repair and body shop, the automobile sales and service because I do think it needs a bigger area. Commercial boat storage, repair and sales. Farm and construction equipment sales and service. Mobile home sales. MR. O'CONNOR-I really disagree with you on your selection because right now you have a gas station on one side of the road. COUNCILMAN MONAHAN-Well gas station is permitted. MR. O'CONNOR-Well than what is more offensive about a car dealership ... COUNCILMAN MONAHAN-I'm not talking about offensiveness. MR. O'CONNOR-Than a gas station. COUNCILMAN MONAHAN-Please, don't, I wish people would not use the word offensive. I did not use the word offensive. I said I thought they were inappropriate to the development of that particular road where we hope that we will have a green area coming into the Town of Queensbury and keep it for some particular uses. We've got agricultural farther down the road there on 149 that we certainly don't want to force out. We start letting that go, any kind of commercial in there and I say the same thing. We've looked at this Town where we've put Highway Commercial and we've seen uses inappropriate to those areas come up that are creating a problem for this Town. But I'm saying that I don't think that that particular area is appropriate for this type. We have plenty of areas in the Town for that. COUNCILMAN MONTESI-Russ, would your property be included in the rezoning? COUNCILMAN MONAHAN-No. SUPERVISOR BORGOS-No. MR. O'CONNOR-Well I should think that it would, it's right next, it's not going to be rezoned unless the only rezoning of the Rollo property. SUPERVISOR BORGOS- That's the only thing we're going to rezone. COUNCILMAN MONAHAN-That's all, we're rezoning the Rollo and Hastings, that's all we're talking about right now. We're only talking about those 2 pieces of property. COUNCILMAN MONTESI-Which one is your piece here Russ? COUNCILMAN KUROSAKA-Are the east of them? MR. O'CONNOR-We're toward Hudson Falls next to Rollo. I'm in favor of the rezoning. I'm not speaking in opposition to the Rollo thing. COUNCILMAN MONTESI-No I know. MR. O'CONNOR-I'm speaking in favor of Highway Commercial. COUNCILMAN MONAHAN-You do not have any land that comes out on 149 do you or do you? MR. O'CONNOR-Oh yes I do. Yes I do. COUNCILMAN MONAHAN-Do you because I thought that Mr. Rollo's was the last piece of property when I looked at 1 map. MR. O'CONNOR-No definitely not, ours goes from there to Finch Pruyn. COUNCILMAN MONAHAN-In the Town of Queensbury? I know you are behind ... MR. O'CONNOR-No we do have extensive frontage on 149. COUNCILMAN MONAHAN-Russ, where are you? COUNCILMAN MONTESI-Is this your property here, the 47 acres? MR. O'CONNOR-That's correct. COUNCILMAN MONTESI -Okay. COUNCILMAN MONAHAN-Oh okay, but we're not even talking about ... MR. ROLLO-When it was referred to 2 weeks ago, as the last piece of property in Queensbury, it was meant that it was the last piece of property that was formerly zoned as Highway Commercial. COUNCILMAN MONAHAN-Okay, excuse me. COUNCILMAN MONTESI-So what is Mr. O'Connor's property presently zoned? MR. ROLLO-I believe it's suburban residential. MR. O'CONNOR-Suburban Residential which I think is entirely inappropriate. COUNCILMAN MONTESI -Yes, seeing there's a quarry there. SUPERVISOR BORGOS-You may wish to petition this Board to have it rezoned. Anyone else from the audience? Name and address please. GEORGE RYAN-Well Steve, my name is George Ryan and I live down the road about an eighth of a mile from there and I'm zoned SRI acre and prior to him I was Highway Commercial because the Town had a rule 500 feet from all 4 corners. Then they rezoned and they changed it. I'm for rezoning there's just like it is but if you're going to make it HCl acre, it should be HCl acre. Not some kind of stipulation. If it's your land you should do what you want as long as it's under the HCl acre. I have 5 acres, 5.6 acres and its SRI and if everybody else gets theirs zoned, I would like to get mine rezoned too. SUPERVISOR BORGOS-Is your property next to Mr. O'Connors then? MR. RYAN-No I'm on the other side. I'm next to Stewarts, next to Walker. SUPERVISOR BORGOS-Okay, once again the proper procedure would be to file a simple request for rezoning. There is no charge at this point, you just have to go through these public hearings. MR. RYAN-The problem is, the public hearings are no problem but the money, every time you go down there, it's 25.00 dollars. SUPERVISOR BORGOS- There's no charge for this particular thing in this Town. You can request a rezoning at no charge. COUNCILMAN MONTESI-The Steve comment by Mr. O'Connor raises an important question. Again, I don't want to cloud the whole issue but we were under the impression 2 weeks ago that Mr. Rollo's property was the last, I was, last commercial property in the Town of Queensbury. SUPERVISOR BORGOS-I wasn't. COUNCILMAN MONAHAN-I was too. SUPERVISOR BORGOS-No, he clearly said that it was not. COUNCILMAN MONTESI-Now if we're talking about the gate way to our Town and all the reasons why it ought to be Highway Commercial with restrictions, we've just taken Mr. Rollo's property and it appears make it Highway Commercial. Mr. O'Connor who is next door who has a 47 acre parcel obviously alot of it is in the back but he has 1100 feet on Route 149. Why wouldn't we consider that if you wanted to keep the handle and control things. Right now it's Single Family Residential, but ultimately, I don't see that property has being Single Family Residential 1 acre but ... COUNCILMAN KUROSAKA-I don't think so either. SUPERVISOR BORGOS-But the procedure would be for them to file a request for a rezoning and we'll go through the hearings. COUNCILMAN MONTESI-We're sort of doing this piece meal, it's not a very good plan. COUNCILMAN MONAHAN-Well I think we did it piece meal because we were under the impression and I should have checked and I apologize but I accepted what Mr. Rollo said that we would be doing the pieces of property between Ridge Road and the Washington County line there, when then it made some sense. It's either that or look at the whole new rezoning type of procedure along that whole road. COUNCILMAN KUROSAKA-Some of these uses wouldn't be objectionable on the O'Connor property because it's big enough, you hide it. SUPERVISOR BORGOS-Is there anyone else from the audience who would wish to speak for or against or ask questions about? MIKE T ASICK-I was here the last time. I have one question. You said retail with a review. What does that mean? COUNCILMAN MONAHAN-No, I said retail business and just a note on here says ZBA interpretation because the ZBA I believe, Paul interpreted what retail business consists of. SUPERVISOR BORGOS-The Zoning Board of Appeals made a more liberal interpretation to permit more businesses. COUNCILMAN MONAHAN-And there's a list, they made a list type of thing are similar to. MR. T ASICK-I understand. That was my question. Thank you. SUPERVISOR BORGOS-Anyone else from the audience who wishes to speak? Please state your name for the record. MRS. HASTINGS-My big question is that, well not question really but explanation. Our parking lot is residential property with tractor trailers on it and cars on it and everything else, this is and we did file for the petition to have it changed ... SUPERVISOR BORGOS-It's on here. MRS. HASTINGS-I know but they don't realize that really and truthfully, I mean, this parking lot is full of cars and trucks all day long and I don't think anybody would want to build their house there. COUNCILMAN KUROSAKA-I don't quite think so either. SUPERVISOR BORGOS-Ifthis approved tonight you will now be official and it will be written commercial. MRS. HASTINGS-Okay, thank you. SUPERVISOR BORGOS-Does anyone else wish to make a comment? PUBLIC HEARING CLOSED 7:55 p.m. Discussion held, Town Attorney noted that the Town Board needs to wait for the Planning Board to give their sign off on SEQRA tomorrow night first before the Town Board can proceed with any type of action. Supervisor Borgos would like to see this on for next weeks special board meeting for possible action. OLD BUSINESS - REZONING REQUEST - GIRARD PROPERTY SUPERVISOR BORGOS noted that we have discussed this issue a number of times. We've held the required public hearing. This is a request to rezone the property currently owned by Mr. Girard on Meadowbrook Road to Everts Avenue. The proposal is to rezone this into 2 classifications. One that would provide for essentially recreation use only, a passive open space recreation use and the other would provide for a particular senior citizens housing project of 41 units which would be federally subsidized housing. The public hearing is closed but because of the neighborhood interest, public comment is welcomed. It's a matter of us needing additional discussion to decide what we're going to do or ask more questions. MERLE SMITH, of Buffalo New York, consultant explained on colored map location of proposed building relative to the adjoining properties. COUNCILMAN MONAHAN referred to the environmental report that was submitted, questioned the location of the retention ponds. MR. SMITH noted there were 3 and noted proposed locations on map. COUNCILMAN KUROSAKA questioned where the water would be going being that the ground water table is high. ROBERT KURZON, Kurzon Architects retained as architects of record for the project, explained present plan of storm water recharge facilities. Being at surface, water will recharge into soils based on 100 years storm, will have approximately 8 inches of standing water. Percolation has not been finalized on the property so I can't predict for you a standing time. We are aware that the water table is approximately elevation 213, bottom of retention will be approximately 215 to 216, meaning sea level. COUNCILMAN KUROSAKA questioned the depth of the retention basins. MR. KURZON noted the basins themselves are about 1 1/2 feet, adding that they are extensive in size, spreading the water out, enhancing the ability of recharge as quickly as possible. SUPERVISOR BORGOS expressed concern with the dimensions of the existing map, noting that the present owner, as part of a deed restriction, indicates that the parcel shall not be occupied in any matter within 500 feet of the existing lot lines of the Cline Meadow Development and yet it seems on the present map to be less than the 500 feet. Concerned that it is understood by all that the dimensions are proper and the meaning of the lot line is proper. MR. SMITH questioned whether they apply to this particular project or the Town's land that would be acquired. MR. GIRARD noted that those restrictions were only sent to the Town. SUPERVISOR BORGOS referred to the summary on the front page. But you are saying that those restrictions would not apply to the project itself but to the open land that is left next to the project. MR. GIRARD clarified that those restrictions only apply to the remaining 9.9 acres. JOHN GUERRIE, 30 Meadowbrook Road disagreed with the dimensions on the map, noting that he felt the proposed project was within the wetlands boundary. MR. SMITH denoted the boundaries of the project and the boundaries of the wetlands on the map. MR. GUERRIE referred to a letter he received from ENCON stating that his property was within the 100 foot buffer zone of the wetlands and noted that an Encon Officer came to his home pointing out the wetland boundaries. Stated that this should not be rezoned in this wetland for any building like that. KERRY GIRARD explained the reasons for Mr. Guerrie receiving that letter from the State of New York. Referred to the map, noting that it depicts only the property in question that is being sold Noted that Quaker Road is much farther north, that the wetlands bend sharply towards the east as they go north and become within a 100 feet ofMr. Guerrie's land that he was trying to fill in with fill. That being the reason for the communication to him in regards to the fill that was coming in and encroaching to the back. Noted again the property cuts off here( demonstrating on map) and these wetlands extend all the way up to Quaker and go all the way to Halfway Brook. COUNCILMAN MONAHAN expressed concerned with not enough open space for the seniors to walk around in when contending with the 100 foot buffer zones required from the wetlands and lot lines as shown on the map. ELIZABETH LORTIE, Meadowbrook Road concerned with the proposed project being within a swamp area already and now 3 additional surrounding waters right next to the buildings being added, will just multiple the present large mosquito population. MR. KURSON noted that the ground water elevation on site is 213, I mis-stated that. The building elevation, finished floor elevation will be set at approximately 316 to 317. In other words 3 or 4 feet above that water elevation. Some fill will be brought into the site. Storm water recharge is subject to additional study. We're attempting to describe here a strategy for dealing with stormwater and the recharge situation which is very, very important to us, just as it is to everyone else. We anticipate a percolation rate of approximately 30 minutes given what we know of the site, currently that would mean in fact that water may stand again in that 100 year storm scenario for approximately 4 hours and then essentially would disappear. COUNCILMAN MONTESI questioned whether the ponds will be gravel bedded or lawns? MR. KURSON No, they will be grass or grass types of materials as opposed to stone. COUNCILMAN KUROSAKA questioned what they propose to do for mosquito control? MR. KURSON noted that it is common among wetlands. MR. SMITH noted that there will be screens on the doors and windows. MARILYN TALLON, Meadowbrook Road, across the road and south of the proposed development. Concerned with percolation, noting the problems that exist on her own property where percolation does not exist. Concerned with the mosquitos and the seriousness of diseases caused by them. Against the project, feel its not a place for senior citizens and will cause increased traffic. KENNETH RYAN, 24 Meadowbrook Road, noted on map, right next to the proposed entrance road for the project. Noted concern with not enough parking spaces, amount of traffic and cars, seniors walking on the narrow road without sidewalks. Against the project for this area, not well thought out, states it's crazy. MARCIA TYMINSKI, 13 Meadowbrook Road right across from the Ryan's house, directly across from the driveway. Object to this project in this area, being a residential neighborhood. Noted that the project will be destroying wildlife environment, the woodland, trees, plants and everything that's in there. RUTH ANN MEYNER, works for the Greater Glens Falls Senior Citizens Center. Would like to urge the Board to consider all aspects of the project, there's a definite need for affordable housing for senior citizens. COUNCILMAN MONAHAN questioned Ms. Meyner for her opinion regarding the necessity for an area for outdoor activity for the senior citizens? MS. MEYNER-Strictly my own opinion, from what I've seen of people that live in some of the other senior housing in the area, there's not, I wouldn't feel, a necessity for a large area. People like to go out and sit on benches, that type of thing. I don't think you need a big park area. PATRICIA BURCH, 15 Meadowbrook Road, directly across the access road to the project. Concerned with the safety of the roadway, being narrow, the speed that motor vehicles travel at and the fact that it is heavily traveled. Do not feel that it the roadway is safe for any age group. Concerned with the access road, being in a blind area. Stated that this project has not been well planned and is not a good place for elderly people or physically handicapped. PETE WETTERSTEIN, 14 Wilson Street questioned the dead line with Congressman Solomon? SUPERVISOR BORGOS stated that Congressman Solomon's office called our office over 2 years ago to say that his office had been successful in getting the grant for the subsidized senior citizen housing for somewhere in Queensbury. That is the point where the search began looking for an appropriate piece of property. Mr. Smith first mentioned the deadline a few weeks ago and Congressman Solomon has since called and written to say that the time is now, either we go on this site or the project is lost to the Town of Queensbury. MR. WETTERSTEIN questioned whether there was an alternative site? SUPERVISOR BORGOS noted that he was not aware of an alternative. MR. WETTERSTEIN stated that he had with him some evidence that would show that the proposed project is within Ridgedale. SUPERVISOR BORGOS noted that the Town's Attorney has spent quite some time researching this with other attorneys. MR. WETTERSTEIN presented map dated November 4th, 1929, showing the original Ridgedale Development and explained that this property is within the deed restricted area. JEAN MARTZlNEK, I represent the Council of Office of the Aging, Vice President of Adam and also a member of AARP. Referred to articles in paper when first discovered this and thought it was great, we're finally going to get something. But then I found out where, in a swamp, which I'm not too excited about. Would like the Board to consider looking for an alternative place in the Town. Suggested that the Town contact Congressman Solomon and ask for a little more time. SUPERVISOR BORGOS agreed to try first thing in the morning. DON ADELMANN, Wilson Street would like to support the contention that this is within restricted land, it can not be used for that purpose, it's single family residential. DICK MCCARTHY, Wilson Street noted that we all bought and built with the impression of a single family residential area and feel this complex will definitely be a detraction. Questioned the importance of receiving such a grant? What do we lose? SUPERVISOR BORGOS stated the Town of Queensbury will lose the opportunity to build 41 units of senior citizen housing in a subsidized fashion for 41 families to live here and be able to afford it. MR. MCCARTHY concerned that it won't go to residents of the Town of Queensbury but rather from people all over, Long Island, New Jersey. Request that you talk to Jerry Solomon and let's find another location. SUPERVISOR BORGOS noted that we're concerned with the feelings of the neighborhood and we're concerned with the new information about the deeds. We will check this out again, we will speak to Congressman Solomon first thing tomorrow, try and accomplish the goal and find a site that would fit better. KERRY GIRARD spoke addressing the concerns of the neighboring residents stating his reasons for support of the project, noting that he lives there too and has done much research, as stated in previous meetings. WILLIAM MACK, Queensbury questioned who will back this ifHUD does not? SUPERVISOR BORGOS noted, it's my understanding, that ifHUD does not put up the money for this project, there won't be a project. BOB MCDONOUGH, 5 Sargent Street stated that he was not against senior citizen housing but the site itself. Noted that he visited Ballston Spa's senior citizens housing and for 90 some units there were 102 cars all over the place, it was a real problem and the same thing will happen here too. Discussion closed, no action taken. RESOLUTION OF APPRECIATION and DECLARATION OF FRANCES 1. WALTER APPRECIATION DAY RESOLUTION NO. 345, 1991, Introduced by the Entire Town Board. WHEREAS, the Town of Queensbury wishes to show its appreciation for the years of dedicated service Francis 1. Walter has given to this community and its residents, and WHEREAS, Frances 1. Walter was appointed as Councilman to the Queensbury Town Board on February 8, 1977 to fill an unexpired term, and WHEREAS, Frances 1. Walter was first elected to the position of Town Supervisor in November 1979, and WHEREAS, Frances 1. Walter served the Town and its residents in that capacity from January 1980 through December 1987, and WHEREAS, under her administration the Town experienced an unprecedented growth, and WHEREAS, the Master Plan and Zoning regulations were updated to reflect the growth and needs of the Town and the professional Planning Department was established and staffed, and WHEREAS, under her administration the area served by the Town water system was expanded by the creation of seven additional water districts, and WHEREAS, under her administration the first major sewer district in the Town of Queensbury was created, and WHEREAS, under her administration the park system and recreational opportunities were expanded by the donation of the Hovey Pond area by Finch Pruyn and Co., Inc; by the creation of the Town's first permanent neighborhood park (West End Park, West Glens Falls); by the acquisition of many additional acres for the Gurney Lane Park and the construction of a swimming pool and bathhouse at Gurney Lane in addition to the renovation of the picnic area (with funds accumulated for that purpose); by the purchase of the land for the Ridge-Jenkinsville Park and the initial development of same; by creating a permanent "home" for Queensbury Senior Citizens, Inc.; by establishing the recreation fee fund for recreation land with contributions from developers, and WHEREAS, under the administration of Frances 1. Walter the Town Board, seeing the need to broaden the base for good job opportunities, created the Queensbury Economic Development Corporation and purchased land for the Queensbury Technical Park and started the development thereof started, and WHEREAS, under her administration the expansion of the Town Office Building and the construction of the Queensbury Activity Center were undertaken, and WHEREAS, her frugal and dedicated management of the Town's fiscal resources is noted, and WHEREAS, for these and many other positive achievements during her administration, the Town wishes to honor Frances 1. Walter, NOW, HEREBY BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby declares June 22,1991, to be FRANCES 1. WALTER APPRECIATION DAY. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None OPEN FORUM 9:20 p.m. CRAIG HAYES-Employed by the City of Glens Falls, Wastewater Treatment Plant, which is also your plant. Would like to make the Town Board and the public aware, that if you have a septic tank that a seepage hauler drains and brings to the plant, his rates concern you. I believe part of your sewage system is already dumped and pumped through a pumping station into our system. The Water and Sewer Board of the City has passed a resolution and taken it to Common Council to hire an outside contracting firm, Enviro- Tech Operating Services to run the plant. Would like to point out a difference, the City of Glens Falls is a non-for-profit organization and Enviro- Tech Operating Services is a profit organization, profit motivated. We're asking your help as citizens for your plant as well as ours, to keep the plant under local operation and local management. Thank you. (submitted copy of resolution to Board members) SUPERVISOR BORGOS thanked Mr. Hayes, noting the Board will read over the resolution. LANDFILL DISCUSSION SUE MURPHY-I live on 6 Asure Drive, Queensbury. We have a question about the Queensbury Landfill. There was an article in the paper on June 11th, concerning it possibly becoming a permanent county wide landfill. SUPERVISOR BORGOS-Okay, may I see the article please? Because right at the beginning we addressed some of this. MS. MURPHY-Oh, I missed that. SUPERVISOR BORGOS-I'mjust looking to see if it makes any reference to me saying I'm in favor of an ash landfill there. MS. MURPHY-The end of the report. SUPERVISOR BORGOS-See again this is not me speaking. This is a reporter commenting. It says, "The County Solid Waste Committee of which Borgos is a member, has set its goal to create a 400 acre landfill site, quote, where they could have everything", comma. It doesn't say who is saying that. It says, Borgos said. MS. MURPHY-Well our question is then ... SUPERVISOR BORGOS-It would include a cell for ash left over after burning at the trash plant and space for non-burnable items, construction, demolition debris and stumps. What it is not said here is that I very clearly and specifically at the meeting, on record for the landfill meeting, said I think the site is too big, I don't think you should include the stumps, I don't think C&D, construction, demolition debris should be there and I don't think that the ash portion should be there. Those things should be treated separately, I think it's an inappropriate use of space to do this. We have other places now licensed in your own neighborhood for a stump dump, a C&D disposal area which the Town Board had absolutely nothing to do with. It's there, it's a fact, its got a license and a permit. So that's taken care of. There's no reason in the world for the County to go spend more money to build another landfill area for those items. Also the question of ash and the chemical composition of ash remains open to some debate although more and more evidence is coming in now and has been declassified by DEC for whatever reason. I specifically have stated my opposition to any type of ash landfill at the location of our present landfill site. I said it's worth looking at more closely but based on the results and information we have today, I'm absolutely opposed to that. Now that doesn't appear in here, it may have appeared in other minutes or other meetings. It certainly is in the minutes of those Committee meetings. I'm sure Mr. Montesi, I wrote him a letter just recently, when he wanted to asure me of his position, I once again told him, quite a few days ago now, Ron, I'm not in favor of putting ash here. I see that you have taken the liberty of circulating a letter to the neighborhoods saying that I am in favor of ash. For the record, Mam, I am not in favor of it. Have never been. Have never said I was and I'm opposed to it there or anywhere else, anywhere in the County until such time as we find out what this ash is. Is it really bad? Maybe it is, maybe it isn't. But lets say for the record based on all the information now, I have only said I am opposed to it and I don't know why you are saying I am in favor of it because I am not. MS. MARKWELL-Can I ask then, what are we going to be doing with our ash once the trash plant does go up and accepts our garbage? SUPERVISOR BORGOS-Okay, that is not our problem per say, it's the problem of Adirondack Resource Recovery Associates. We've had it clarified by the County Attorney, they are responsible for locating the disposal area. Currently there is a contract with a group out in Buffalo. The ash is supposed to go there. Now obviously that is umeasonable to send 10 trailer truck loads a day to Buffalo for economic reasons. MS. MARKWELL-And especially since it is a filled landfill. SUPERVISOR BORGOS-But that's there problem which will be passed along to us in our tipping fees. The only other sites that I know of are somewhere, I heard West Virginia the other day, will accept some, at the moment. MS. MARKWELL-What about Warren County becoming a permanent landfill? SUPERVISOR BORGOS-Somewhere in Warren County under the regulations, Warren County has to site a landfill or truck it to West Virginia. COUNCILMAN MONTESI-One of the things that prompted some of this discussion maybe what that news article was, was that Warren County asked us to review the criteria to site an ash landfill. In other words, if you have to put a landfill in Warren County, look at all this criteria ... COUNCILMAN POTENZA-But not an ash landfill. COUNCILMAN MONTESI-An ash landfill. SUPERVISOR BORGOS-Let me clarify this, I've been at the meetings. Warren County proposal, Fred Austin's division, Department of Public Works, has said and the engineers sitting with them, have said, we can have one place for everything in separate cells but one site. I have been opposed to that. But that's where some of this miscommunication is coming from. COUNCILMAN MONTESI-So when that letter came out and we were talking about it as a Board last week, I sent a letter which Steve said he responded to in quick order and said, I hope we're not considering a landfill for this kind of stuff in our Town. I mean we are the County Consolidated Landfill until the Burn Plant opens and that meets some economic sense and it makes some sense for all of us to be that consolidated landfill for the next year or 6 months or 8 months or a year and a half. But I certainly wanted to go on record as being opposed to having the County consider our landfill for an ash or any other thing, after the Burn Plant is on line. I want to close my landfill and my letter to Steve was, just make sure the rest of the Board feels the way I do or maybe I'm the only guy that feels this way. So to answer your question and Mr. Borgos has, this Board is not in a frame of mind to consider our community landfill right now, Queensbury, Glens Falls as the site for an ash landfill. COUNCILMAN KUROSAKA-Where ever you got your information, it's wrong. MS. MURPHY-Did you not have to submit criteria to the Warren County Board based on these factors. SUPERVISOR BORGOS-Quite the opposite. The County Committee submitted to us a list of criteria proposed for them by CT Male Associates. We were asked to bring that list of criteria back to our Town Boards at a public meeting to discuss it, get back to the County by todays dead line with our feelings about the criteria and we have done that. MS. MURPHY-Do we have access to what that means? I mean did you change ... SUPERVISOR BORGOS- This is just our input to the County Committee and I think it would be wise for you to attend the County Committee meeting. They are open to the public. The County Solid Waste Committee meetings will be open to the public and you can listen to the discussion and you can participate in the discussion. MS. MURPHY-Why didn't, so it was your decision, we didn't have any say in the way you stated it. COUNCILMAN KUROSAKA-You don't have anything to say about it. COUNCILMAN POTENZA-There was no decision made. SUPERVISOR BORGOS-This is going to be a County decision. COUNCILMAN POTENZA-There was no decision made. They had a criteria ... MS. MURPHY-Right, I've seen the criteria. COUNCILMAN POTENZA-Alright. MS. MURPHY-Primary aquifer and all that stuff. COUNCILMAN POTENZA-That's right and it was a number type thing and they sent that criteria to each member of the Board and they asked us to review the criteria for our input. MS. MURPHY-I understand. COUNCILMAN POTENZA-And whatever our input was, to send it back to them and that's what we did. MS. MURPHY-I thought you were changing the numbers, some kind of number changing. COUNCILMAN POTENZA-They may, I didn't. I mean I just reviewed the criteria. MS. MURPHY-Okay, that was my understanding. SUPERVISOR BORGOS-We have been asked to make any comments we wish to make as Town Board members to come back to the Supervisors and the Supervisor of each Town is to notify Fred Austin's office by today's deadline and it was done. That's it. In fact I'm the one who asked that copies be made. Each Town Supervisor got one copy of this, we had copies made, circulated Town Boards, we get full input. We had it as a special topic at a meeting. We discussed it thoroughly. Our comments have gone back. What the County Committee does with this, is yet to be seen. MS. MURPHY-So what is your speculation on the ash? COUNCILMAN KUROSAKA-You should go up there and talk to them because we can't do anything about it. MS. MURPHY-What do you think is going to happen? The obvious solution, it's our landfill? COUNCILMAN POTENZA-Our speculation is, that it is not going to come to the Town of Queensbury. That was our point, that was our comment to the County. COUNCILMAN MONTESI-That's what our comments back were, whatever your siting criteria are, here they are, but we don't want it in our particular Town. MS. MURPHY-If you're offering our landfill for everything else ... COUNCILMAN POTENZA-No we are not. No we are not. I don't know where you got that. COUNCILMAN KUROSAKA -You are addressing the wrong Board. You should be up talking to the County Board. We don't do anything, go talk to the County Board. They are the ones that are going to decide, not us. SUPERVISOR BORGOS-We have been told very clearly at the County meeting, the engineers told us very clearly, there isn't a chance in the world that the final County landfill, any part of it, will be in the Town of Queensbury. That's what they said. I said, gee, it's a little early to make that decision because we're going to have to pay to haul it to another Town somewhere in this County and environment conditions aren't going to be much different. But in any event, right now, we are not even being considered. Queensbury isn't. MS. MARKWELL-Is that going to change, so October 1st, it was going to become the Warren County consolidated landfill? SUPERVISOR BORGOS-We are already the consolidated landfill. Well we will be operating as such, we'll start taking it at that point. COUNCILMAN KUROSAKA-It has nothing to do with ash because we're not producing ash. MS. MARKWELL-Is that going to change then, is Warren County going to be able to put the ash in there? SUPERVISOR BORGOS-No. No, no, no, no, no! The ash may not go into that landfill, period. It's unlined, it isn't allowed by law. It can't go in. MS. MURPHY-Okay, is there an official date yet, on when it will be closed? COUNCILMAN POTENZA-October, 93, I think. COUNCILMAN MONTESI-Our agreement with the State of New York said very specifically if we are given the opportunity to be the consolidated landfill, that we would close our landfill as soon as the Burn Plant came on line. Period. That's exactly what we signed the agreement so that is our intention and we already have hired an engineer to start the landfill closure. We can start to close parts of our landfill. MS. MURPHY-Mr. Borgos, you had mentioned to me in a meeting last fall, you had mentioned to me that your ideal would be to make that a permanent County landfill going north and east or west. I'm not sure which you said. That would be what you would like to see in the future. SUPERVISOR BORGOS-Okay, we covered alot of topics at several of those meetings that we had. We took care of the water problems. I hope and pray all that's been done. MS. MURPHY-No it hasn't been done. We have water problems. No, we all have water problems and there's no solution so far. SUPERVISOR BORGOS-The Department of Health has taken tests. They've sent you the results. The results are almost completely are clear. In fact we've got copies of all those. MS. MARKWELL-Can I still bring a sample of my water in to be tested then because I can not drink it? SUPERVISOR BORGOS-Did the Department of Health test your water? MS. MARKWELL-No, they haven't. SUPERVISOR BORGOS-Call them and ask them. They've tested everybody else who has asked ...9, 10, 12... MS. MARKWELL-Two people on our street. SUPERVISOR BORGOS-Okay, in any event, part of the other discussion at one of those meetings, was where would I like to see the landfill and I said based on all the considerations and of 2 years meetings, I feel that the site that we have now, would be the ideal site. Not for ash but the ideal site for the County landfill and I based it on the fact that after 40 years of operation, we have absolutely no evidence of any contamination of the ground water supply. After extensive testing of the many wells that we have plus the wells on the neighboring property, the 18 wells there, there is no evidence of contamination. In addition to that with the recycling efforts now going on, not only has the amount of garbage brought to our landfill dropped just with our own Town and the City of Glens Falls, from 40 some thousand tons a years to just over 30 thousand tons, but the total for the County will continue to drop through recycling. So what we would be looking at in the future but in a permitted double lined landfill complete with leach aid collection system which is far superior to any swimming pool in the area as far as anything leaking out, would be far better than what we have now and there's no sign of any problems with what we have now. That's all I was saying. It would seem to make sense to put it there. It would be a nice quiet peaceful neighbor, no problems. MS. MURPHY-How could you say that? This is a residential area, we have a recreational park there, we have numerous children. You don't know what's going to happen in the next 5 to 10 years. SUPERVISOR BORGOS- That was my personal opinion. MS. MURPHY-Don't you care about your people? SUPERVISOR BORGOS-You know, you couldn't get this without all kinds of public hearings, with lots to go. DEC has said they won't even consider my opinion. They said, no problem, the landfill is going to close and it's all over with. COUNCILMAN MONAHAN-Steve I would like to relate to some of the criteria that was on the Warren County siting system because I'm going to tell you how I answered one section of it. Okay and I did do an voluminous answer to their sitting requirements. Number 12, was proximity to existing landfills. The most suitable ranking score is five and they consider the most suitable spot expansion of an existing site. My comment on that was this category could be potentially dangerous. It needs to take into consideration whether that landfill would be allowed to go there today and of course I am thinking of the Queensbury Landfill that is located over an aquifer. I also went on to say later down when I summed up, I realize that if we create waste, we have a responsibility to dispose of this but it is also the responsibility of government to do this with the least impact on, in big letters, people's health, safety and welfare and quality of life. And I realize also that the items that I have mentioned above, must be balanced against the pollution trucks will put into the air and the energy and resources consumed either directly or indirectly. But let us remember that people and their health is also a resource and bears price. In closing, may I remind you that Warren County's number of heart and cancer cases, is way above the State average. As government, let us make sure that we do nothing to throw these figures further askew. COUNCILMAN MONTESI-There was a question in the back in the room that said when will the consolidated Queensbury, Glens Falls Landfill close. The answer that we have given, the State of New York and the State of New York has given us is, when the Burn Plant comes on line, you will close your landfill. Now, someone said, that's not good enough answer. If it isn't, then if we close tomorrow, what are we going to do with the trash? We have made the assumption just as Steve pointed out, with recycling, we're reducing the flow that is going into our landfill. We haven't had any problems with that landfill. For the next 8 to 12 months, it seemed worthy of consideration and it seemed economically possible and environmentally safe, to continue the use of that landfill. Weare in the process of spending 5 to 6 million dollars to close that landfill. We've hired the engineering firm and we're working on closing the first lift of that landfill, a part that we will never use again. So that we're making some orderly progress towards closing that landfill with the State of the Art closure procedure and it's 6 million dollars folks. BOB V ANNIER-I live in Jenkinsville, okay and I have a couple questions? Okay, you kind of stepped around the whole issue with these ladies. SUPERVISOR BORGOS-Which one? MR. V ANNIER-About you are against it but you're not against it until such time as you determine what's in it and that the dump is not lined. Well I remember, I've lived there for 18 years give or take, what about the heavy metal pit? That's lined. SUPERVISOR BORGOS-Correct. MR. V ANNIER-You guys let that slide in there. Now you've got a big pit, I don't know how many of you people go to the dump, there's a real big sand pit there, that could be pretty easily lined, comfortably take ash. What about the Finch and Pruyn pit over yonder on the other side of the mountain that isn't there now that leaches, that leaches down into Mud Pond? The dump that had a mountain removed that became a garbage mountain that leaches down into Mud Pond where the ducks and everything and the geese. That's a dead pond now, that's leaching. SUPERVISOR BORGOS-Well you're making these allegations. MR. V ANNIER- That's dangerous. SUPERVISOR BORGOS-I hear you and we've heard ... MR. V ANNIER -What about, wait a minute, wait, I'm not SUPERVISOR BORGOS-Let me stop you for a minute before ... MR. V ANNIER-What about across the street from Jenkinsville Road, the stump dump? I don't remember seeing anybody ask me if I wanted a wood dump. I rest my case. Thank you very much, you don't have to give me any answers. Thank you. SUPERVISOR BORGOS-You know sir, if you would behave like your age, maybe we could get somewhere. All of us, now just a minute, all of us are trying real hard to help solve these problems. You know we're faced with ... Audience - No, no. SUPERVISOR BORGOS-You don't think so? Audience - No. MR. V ANNIER-Question him. MS. MARKWELL-Come drink my water tomorrow? SUPERVISOR BORGOS-You asked me questions sir and if you had the courtesy to listen for a minute, you'll get an answer. Number 1, we had absolutely nothing to say about the stump dump, C and D dump. The Adirondack Park Agency handled the permitting, there was never a public hearing. DEC handled ... MR. V ANNIER -Isn't that in the Town of Queensbury? SUPERVISOR BORGOS-Yes sir it is and after it was done, we knew about it. MR. V ANNIER-After it was done? SUPERVISOR BORGOS- That is correct sir. COUNCILMAN MONAHAN-I was going to say, we were never advised that that application ... MR. V ANNIER-But you are powerless to do anything about it, is that correct? Is that what you're telling me? SUPERVISOR BORGOS-That is correct sir and we faced another issue 2 years ago where we requested AP A to have a public hearing about a controversial subdivision. You know what they told us? Tough luck, you don't' get it. COUNCILMAN MONAHAN-And that's true. SUPERVISOR BORGOS-We didn't have the public hearing and we've got it all in writing sir. JOHN W ALKER-I live out on Route 149 and 9L. I think I hear a couple of different stories going on here tonight. I hear Mr. Montesi and Mrs. Monahan saying, the dump should be closed and we're in the process. I know there has been some equipment purchased. I know there has been some clay apparently approved out of Hovey Pond and so on and so forth. Second thought, I hear Mr. Borgos saying in putting out, that I think this ought to be the consolidated Warren County Landfill. Now which is happening? COUNCILMAN KUROSAKA-Two different things. SUPERVISOR BORGOS-Let me catch you up on what's happened. The State said to us a couple of years ago, we have to close all the landfills in Warren County and we worked very hard, all of us, our Town Attorney, not only at these meetings, dozens of meetings, to get the State to agree to keep us open for a period of time, all of us and that deadline now is October first of this year and then after that deadline to let us have 1 consolidated landfill here in Warren County. That's going to be the Queensbury Landfill site, so that we can take care of our trash until the landfill, until the trash plant opens. So that is the consolidated plan. In Saratoga County they have 3 sites. In Washington County they have 2 sites. MR. WALKER-We're not Saratoga County, we're not Washington County. SUPERVISOR BORGOS-I'mjust explaining to you how this came about. Now... MR. WALKER-How much higher... SUPERVISOR BORGOS-Let me finish this. MR. WALKER-Go ahead. SUPERVISOR BORGOS-We have been ordered to close. We have signed an agreement to close our landfill. We will be closing it. In fact we've gone further than any other Town in the County, we've retained an engineering firm to do the closure. We've retained a consultant to do the closure. We're already stock piling the materials. We are moving ahead with the closure and we will close the existing landfill in compliance with the law. MR. WALKER-Let me ask this question. We are going to continue to use this landfill. It's going to be used as a County wide landfill for, we can't say x number of days. How do we know how much longer it's going to be before the Burn Plant hits? SUPERVISOR BORGOS-Well I was at a 4 hour meeting today and I can tell you. MR. WALKER-So my question being, how much higher are we going above the highway at this point? Not too long ago in this meeting room, Mrs. Monahan was very concerned about the entry way into the Town of Queensbury, being Route 149. How much higher do you think we're going to go with this dump before Mrs. Monahan's entry into the Town of Queensbury is going to be their lovely landfill? SUPERVISOR BORGOS-You are welcome to look at the plan which will show in great detail every square footage of that landfill. It will show you exactly the life time duration of each of the 7 cells that have been identified. The latest that we can possibly stay open under the law is, I believe, September 93. There's a caveat in there, if the Burn Plant opens sooner and it is going to open some time less than a year from now, then we must close at that point. We are not going... MR. WALKER-My understanding ... SUPERVISOR BORGOS-We are not going to be going to those monstrous heights that you are talking about and what ever height is finally settled upon as approved by DEC, it will be capped, it will be graded, it will be seeded, it will be mowed and it will look like part of the landscape. MR. WALKER-Like Stewarts pit. SUPERVISOR BORGOS-No, I know what your problem is with that and we've been through that. MR. WALKER-Still, my question is not answered. How many feet higher in the air are we going? SUPERVISOR BORGOS-I don't have the drawings with me sir. MR. WALKER-Originally, if I'm not mistaken, originally this was only supposed to go to the level of the highway. SUPERVISOR BORGOS-I wasn't on Town Board at that point. I have no idea. MR. WALKER-And also 2, 3 oh not 3, 4 years ago when you rezoned this Town, you wanted to put Orlie Gwinup's place out of Commercial zoning and into a Residential. Would you build your house to overlook that thing and put your swimming pool out there and have picnics and so on and so forth? COUNCILMAN MONAHAN-Ooooh, I've got to take exception to that. SUPERVISOR BORGOS-Okay, yes, it was not this Board that requested that zoning. MR. WALKER-The Zoning or the Board that rezoned the Town of Queensbury ... COUNCILMAN KUROSAKA-It wasn't the Town Board. MR. W ALKER-I didn't say Town Board. SUPERVISOR BORGOS-Wait a minute, there was a committee. COUNCILMAN KUROSAKA-Well you just said you. SUPERVISOR BORGOS-There was a Citizen's Advisory Committee that proposed rezoning classifications for the entire Town. That rezoning proposal that came to us, but it wasn't the Town Board that did that and we didn't accept all their recommendations. MR. W ALKER- That's right. Because Orlie worked his you know what off, in order to get petitions signed so that they wouldn't do it. SUPERVISOR BORGOS-At a public hearing, at a public meeting. COUNCILMAN MONAHAN-Mr. Walker, if you ask Orlie and Dan they will tell you that I led the fight so that they would stay neighborhood commercial. MR. W ALKER-I know you did. I know you did and we appreciate it. SUPERVISOR BORGOS-And we all joined in. COUNCILMAN KUROSAKA-There were a couple other properties that were the same way. COUNCILMAN MONAHAN-And I got very good support from the Town Board. MR. WALKER -We appreciate it. Each and everyone of us appreciate it. COUNCILMAN MONAHAN-Yes but I did get very good support from the Town Board. I couldn't have done it by myself. MR. WALKER-But still the question being, you're worried about the entry way into 149 but you're not worried about mounding up the dump. COUNCILMAN KUROSAKA-We are. SUPERVISOR BORGOS-It's being closed. COUNCILMAN KUROSAKA-It's being closed. MR. WALKER -You aren't telling me how. COUNCILMAN MONAHAN-Mr. Walker, I spend alot of time up at that landfill, in fact, I haven't had them developed yet, I wish I did, there are some magnificent views from that area up there. MR. WALKER-I'm sure there are. COUNCILMAN MONAHAN-When that is closed and it will be grassed and that's all that DEC will permit us to do is to grass it, I think you are going to find that that is a site that the Town will use hopefully for some kind of passive recreation or something. MR. WALKER-Not me. Not me. COUNCILMAN MONAHAN-Wait a minute. Do you realize how much cover is going to be over any of that landfill and what kind of cover? COUNCILMAN KUROSAKA-They don't use Mount Trashmore for anything. COUNCILMAN MONAHAN-It's not going to be coming down into your places and as I have said, I've gone with the Department of Health. I've gone with them on their inspections of wells. I've seen their tests. There is not one thing in any test that has ever been done, you may be having problem with your wells but I would start thinking of looking for other reasons for it because there is not one thing in any tests that has ever been done, that shows that, leaving that landfill and going across Mud Pond Road into the area down there by the area of that development at all. If there is anything that anybody can find, believe you me, the Department of Health from Albany will be up here tomorrow. MS. MARKWELL-Betty, I know you and I have spoken and I understand that as far as mine but we are talking about new wells. COUNCILMAN MONAHAN-I'm talking about the whole area. There is nothing that has been done. No tests that have been done down in that area. Orlie's store came off with a clean bill of health. Other people ... COUNCILMAN MONTESI-Our wells, recreation. COUNCILMAN MONAHAN-Our wells are out with a clean bill of health. There has been nothing to show that that has moved across Mud Pond Road one bit whatsoever and its been testing done by the Department of Health. Its been test results done by Environmental One out of Schenectady. I think the recreation spot was tested by an outfit in Vermont. COUNCILMAN MONTESI-CT Male. COUNCILMAN MONAHAN-Taken by an entirely different group. SUPERVISOR BORGOS-It's done regularly. COUNCILMAN MONAHAN-DEC is doing testing. DEC has not released the result of their tests yet. I've been given to understand there is nothing in those tests to be concerned in and DEC's testing is right on the landfill itself. I'm going tomorrow morning with an engineer to take more test samples that will go down to Environmental One. Any, I won't say anyone but if a few of you would like to join me up there, 8 o'clock in the morning, come and see how the testing is done so you know that we are not trying to fool you on anything. Test results are here. COUNCILMAN MONTESI-One test that is really worth seeing. I know someone made mention to Mud Pond being totally contaminated. Two of the wells that we test, one is right, I guess it may be 10 feet into Mud Pond. There's a well head, it's obvious, we can show you, we go out into that well head, sometimes you have to use the boat to get out there, we take a sample out of that well head. We take a sample out of the one in the shore. That's just in Mud Pond. About 8 months ago, the State of New York came and said, we don't think the wells that your using are deep enough or in the right location. They drilled 5 new wells, shafts and all and we've taken samples out all 5 of those, and again, we've come up with no contamination from that landfill, in those wells. Now, I've taken Jane Markwell's name down and I'd like to look and investigate that. Now if it's a color problem we are having that's different from contamination but ... MS. MARKWELL-It's particles and color. I do know that ... COUNCILMAN KUROSAKA-Sometimes the taste has nothing to do with the landfill. It may be sulfur, it could be alot of things. SUPERVISOR BORGOS-You've been patient. State your name and address please? HOWARD DENISON-I live up in the Jenkinsville area off of East Sunnyside. My concern is the extension of the landfill beyond the temporary status that we have given it now and I understand all the criteria and that some of that criteria may change. What I would like to hear from the Town Board and each member if possible, what if that criteria changes and the State would approve a permanent landfill, what would each Town Board member feel as, would they want it to stay here if the State would allow it? Or would they want it to leave that particular location and go some place else? COUNCILMAN KUROSAKA-I won't be here then. I'm retiring in January. MR. DENISON-I realize that too. COUNCILMAN POTENZA-Hey, that's a tough call. COUNCILMAN MONTESI-You're talking about the State approving an ash landfill or a landfill the way it is now? MR. DENISON-No, just the regular landfill, the way it is now on that site. Right now it's not allowed to be, the State is reconsidering it, if they say, yes, you can have a landfill there, what will the Town Board say? We don't want it? We want it? Mr. Borgos has said that it's economical for us to have it there. Traffic would have to go ... COUNCILMAN MONTESI-I'll answer the question. COUNCILMAN KUROSAKA-It depends on the circumstances. Without knowing the complete facts, how can you make a decision? MR. DENISON-Excuse me? COUNCILMAN KUROSAKA-How can you make a decision without having all the facts? MR. DENISON-I'm giving you all the facts. COUNCILMAN KUROSAKA-No you haven't given us all the facts. MR. DENISON-What would you like to know? COUNCILMAN KUROSAKA-What is in the ash? Do you know what's in the ash? MR. DENISON-We're not talking ash. COUNCILMAN KUROSAKA-We don't. MR. DENISON-We said no ash. We said no ash. Just a regular landfill. Everything the way it's done today... COUNCILMAN KUROSAKA-The landfill is going to close as soon as the Burn Plant opens. MR. DENISON-If the State of New York says you don't have to close it when the ... COUNCILMAN KUROSAKA-They won't do that. MR. DENISON-When the Burn Plant ... SUPERVISOR BORGOS-We have to close it. COUNCILMAN KUROSAKA-We have to close it, we signed an agreement with them. SUPERVISOR BORGOS-We have to close it because if you know it, the County passed a law the other day, local law, I believe number 3 of this year, saying that the moment that Trash Plant opens, all the solid waste generated that can not be recycled and can only be burned has to go to the Burn Plant. It may not be landfilled anywhere in the County. The only thing that's going to go to landfill is so called by pass or pass through stuff like mattresses. Other stuff that is currently going to the landfill is going to the Burn Plant under law. It has to go to the Burn Plant. MR. DENISON-So what you are telling me is that you can't think of any circumstances that would allow this landfill to remain open in your eyes. Under the present criteria. COUNCILMAN KUROSAKA-With the present information, no. SUPERVISOR BORGOS-At the moment I don't think there's a prayer in the world. MR. DENISON-That you would want it open but yet you state that you think it's a good idea that it would remain open. I don't understand why we're wasting our breath here. SUPERVISOR BORGOS- The landfill your talking about and the landfill I'm talking about are 2 different separate things. I personally believe that a properly lined, properly constructed landfill would go properly on that property. MR. DENISON-So you would support it, is what you are telling me. SUPERVISOR BORGOS-Yes. But the law says you can't have it. MR. DENISON-I'm asking you for your opinion. I have lawyers all over the place. COUNCILMAN KUROSAKA-He's talking about a lined landfill now. SUPERVISOR BORGOS-I told you, I'm talking about ... MR. DENISON-I know what a lined landfill is okay and I know just about as much as ... MR. V ANNIER(from back of room)-He's talking about the hole, he's talking about the hole at the other end of the dump ... he's talking about properly lined ... SUPERVISOR BORGOS-Sir, sit, just leave the room, okay. MR. V ANNIER-I am leaving. SUPERVISOR BORGOS-Go. Go now. That's it. Yes sir ... MR. V ANNIER -You're talking about the hole... SUPERVISOR BORGOS-Sir, do I have to call the Sheriffs Department sir? MR. V ANNIER ...that's going to be lined ... SUPERVISOR BORGOS-Sir. Go. MR. V ANNIER-That's what you're talking about and you people need to be aware of that. SUPERVISOR BORGOS-Now anyone may speak in a rational sense as long as you want. We'll stay here all night. But we're not going to have that nonsense because one of them leads to another and we won't have control. Yes sir. Let's get back to where we were. MR. DENISON-Continuing my statement, if, your saying that you would support the landfill remaining open if it was lined and down under approval of DEC, under their criteria. SUPERVISOR BORGOS-We've got to go back again to square 1. The landfill as we currently know it, is going to be closed, must be closed, can't be used anymore, finished. MR. DENISON-Agreed. SUPERVISOR BORGOS-We're looking now in Warren County for the site for a new landfill and ... MR. DENISON-Agreed. SUPERVISOR BORGOS-When you say new landfill, it's going to be totally different from any landfill you've ever known before. MR. DENISON-I'm talking about site, I'm not talking about ... SUPERVISOR BORGOS-We're talking about a part 360... MR. DENISON-Structural. SUPERVISOR BORGOS-Well you have to talk about structural because I would be happy to have one of these right next to my house. MR. DENISON-But I wouldn't be. SUPERVISOR BORGOS-Well, I'd be happy to have it. (audience applaud) MR. DENISON-Time out. Wow, wow, wait, wait. Time out. You say you would be ... SUPERVISOR BORGOS-Absolutely. MR. DENISON-And I say I wouldn't be so I would like to know as my elected official where you stand on having a landfill near my house and my house is near Ridge Road and that's what I'm trying to get an answer out of. If all the criteria were met and regardless to whether you think it would be good next to your house, would you want it at the Ridge Road site where it is now? Over an aquifer, that's, I believe, it's biggest fault, line it with 10 feet of clay that's approved by DEC and it doesn't buy a thing for me. It may buy it for you and you may want it. I would like to know what each Board member's response is to that question. SUPERVISOR BORGOS-Okay. Number 1, we have to realize it can't happen the way it is. If we are speaking hypothetically that if it could happen, all other things being equal .... MR. DENISON-That's the answer I'm looking for. SUPERVISOR BORGOS-I think that would be an appropriate site and probably the most appropriate site in the Town of Queensbury. MR. DENISON-Thank you. SUPERVISOR BORGOS-But I've taken 3 years, not only to drive around the Town but to study all the geological maps of the Town. I've attended dozens of Washington and Warren County meetings. Have had many DEC meetings. I've looked at siting criteria, construction technology, the whole bit. I've also looked at all the research and the results of all the water tests that have been done. Now scientists tell us, the engineers tell us, the environmentalists tells, everybody tells us, the site we're on is the best possible with the exception that it's on sand and gravel. MR. DENISON-Sand and gravel, I know what an aquifer, if you'll give me that much. SUPERVISOR BORGOS-That's right. That's what sand and gravel means, almost ... MR. DENISON-Okay. No, sand and gravel, there's a difference between sand and gravel and aquifer. SUPERVISOR BORGOS-Almost all sand and gravel deposits are on top of an aquifer ... MR. DENISON-Almost all but this one is. SUPERVISOR BORGOS-Well, we've heard that it is. COUNCILMAN KUROSAKA-I live on one. The west side is all sand and gravel. MR. DENISON-I realize that. SUPERVISOR BORGOS-Okay, I think I've given you my answer. MR. DENISON-And I appreciate that. SUPERVISOR BORGOS-I don't know if the other Board members wish to or not. COUNCILMAN KUROSAKA-You're asking somebody to answer a question when 2 of us aren't going to be here. MR. DENISON-But I'm asking for that now. I'm asking how you feel now? COUNCILMAN KUROSAKA-What can I do? I'm not going to be here to vote on it. MR. DENISON-Well I might not be here tomorrow either, I don't know that. That's not what I'm asking. COUNCILMAN KUROSAKA-You're asking us to make a decision on something not knowing what the hell we're talking about. SUPERVISOR BORGOS-Does any other Board member wish to answer? MR. DENISON-Does any other Board member wish to answer for the public? COUNCILMAN KUROSAKA-The way things are right now, we're going to be closed and that's it. COUNCILMAN MONTESI-Sure, my answer was the same answer that I gave Steve. I said, I wanted to make sure that we were the consolidated landfill. I wanted to keep the cost down until the Burn Plant came on line. I didn't see any problem with maintaining it where it is right now. I want to close the landfill as soon as I can and I do not want to have an ash landfill at my site. Not withstanding all of that criteria, I think that number 1, even if my site was selected under Steves, you know, I don't think it's big enough. You know, we have to take 30 to 40 percent of the ash of that Burn Plant plus anything that is imported. Where is that going to go on the 10 or 20 acres of land that we own, are we going to put people out of business ... MR. DENISON-I have a million other arguments why it shouldn't go there. I'm just trying to narrow it down so we can get an opinion here so the people up behind me understand. COUNCILMAN MONTESI-I think the alternative for Warren County is to find a 2 or 3 hundred acre site, geologically that is right. Some place in the Adirondacks or in Warren County ... MR. DENISON-Some place in Washington County to tell you the truth is where it belongs. COUNCILMAN MONTESI-Well that's not going to happen. MR. DENISON-I realize, political consideration is not going to happen. COUNCILMAN KUROSAKA- That's not going to happen. You've got to have it in your own County. COUNCILMAN MONTESI -Short of that is just what Steve mentioned when Betty and I were at a symposium this year down in New York City, there's a 5,000 acre site in West Virginia that brings coal up to NIMO at Albany and they're quoting prices of 50 dollars a ton to ship it back in a... MR. DENISON-In empty trucks. COUNCILMAN MONTESI -In an empty freight car and they have an EP A Federal and State lined landfill. Gee, you know, instead offooling around in my County with this, why don't I buy into that program. That's an alternative and that's what the County Supervisors are dealing with. That seems to me a lot easier than trying to site a landfill in Warren County, not withstanding Queensbury. So I'm opposed to it in Queensbury. MR. DENISON-Thank you for your answer. Anybody else like to comment for the public? COUNCILMAN POTENZA-I'm opposed to the ash landfill in Queensbury. COUNCILMAN KUROSAKA-I think we all are. COUNCILMAN POTENZA-As far as a consolidated landfill, I'm not going to make ajudgement. I can't make a judgement. I'm not knowledgeable enough. But I am opposed to bringing ash to the Town. MR. DENISON-Thank you. George, I guess you stated yours that your not going to be around. COUNCILMAN KUROSAKA-I'm not going to be here. MR. DENISON-Okay, thank you. COUNCILMAN MONAHAN-I think you all know my feeling is, as far as an ash, a place to put ash for the trash plant, over my dead body and I'll even march out there. MR. DENISON-I think you've all expressed where you're coming from so 2 years down the line we can call you up on it. COUNCILMAN KUROSAKA-You really can't tell what's going to be in that danm ash anyway. MR. DENISON-Excuse me? COUNCILMAN KUROSAKA-You really can't tell what's going to be in that danm ash anyway. It could be almost anything in it, change from day to day too. COUNCILMAN MONAHAN-No, what's in it today, may not be what's in it tomorrow. MR. DENISON-We can get on with this alot longer and discuss the trash plant, I've been through plenty of times before, it's what goes in there that's the problem. Cardboard and alot of other things that can be recycled or get burnt. What's left there is not a big deal. When you burn car batteries and you burn other things and you put them in there, you've got problems. But that's a whole different discussion. Thank you. HOWARD BOWMAN-I live on Jenkinsville Road and I think I have good news for everyone. Mr. Montesi said a minute or 2 ago, that Queensbury doesn't have enough land to have a permanent landfill. They have used 60 to 70 acres that is a mountain and if it were to be a permanent landfill where 400 acres were to be used, they would go buy property all the way up to 149 or they would tunnel under Ridge Road, buy property on the opposite side of Ridge Road to the west and I don't think that's in the making at all. SUPERVISOR BORGOS- Thank you. Yes sir, please state your name and address. JEFFREY MATTE-I live on Glenmar Drive in Queensbury. I was wondering if the Town or should the County decide in the future to site that ash landfill in the Town of Queensbury, what if the Town had a law that would help prevent that from happening. In other words, maybe a question better addressed to Paul, what if the Town has a law adopted that would make it an involved agency for SEQRA purposes? ATTORNEY DUSEK-Something in the nature of a law might be worth considering. I think it's within the realm of possibility. The exact form of that law, I'm not quite sure of just from what you are saying but ... MR. MATTE-Well you could pass a dumping law that would just require Town Board approval before any outside Town or any outside community attempted to dump garbage or ash or anything in the Town. If you don't have such a law despite what you're feelings may be on the subject, the County may be able to just run roughshod over here, I guess as the AP A has done once in the past. Correct? SUPERVISOR BORGOS-Right and I think your talking about something like the Perry Law from Washington County, the anti-importation law. MR. MATTE-Correct. Hartford has just passed a law too that might be used as a model. COUNCILMAN MONAHAN-I think one of the great concerns is that apparently the Trash Plant will need to import garbage in order to function at its capacity. I think we know that Washington and Warren County are going to divide their ash in proportion to what they put into that plant. But who gets to take the ash from any imported garbage and since the figures I have read say that 10 percent of what goes to that Trash Burning Plant normally, and I say normally because I'm assuming that from imported trash, probably mattresses, etcetera, will be, not come up here, in the first place but in the normal flow, 10 percent of it has to end up going to a landfill. Either it can't be burned or its ash. My concern has always been, could we end up more, being responsible for more garbage, trash, ash, whatever you want to call it, then what we're responsible for right now. That's something that we have to be very careful of and I've expressed this concern back in the days of even when Fran Walter was Supervisor. It's an old concern of mine. SUPERVISOR BORGOS-Again this is a question that has been answered a couple of times in the last couple of days at the County level and it's very clearly been the opinion of the County Attorney that that is the responsibility of the private owners and operators of the Trash Plant. Where they take it, will be up to them and how much it costs, will be up to them. But with the understanding that whatever those costs are, they will be passed back to the citizens in the form of a tipping fee. COUNCILMAN MONAHAN-But those costs that are incurred because of any trash imported from another area in getting rid of that waste that's let over certainly should not be the responsibility of our 2 counties. SUPERVISOR BORGOS-It still will be a passed thru cost. On the other hand if anything is imported and that's still up in the air, the cost, the charges to those municipalities bringing stuff to us, are going to be much greater. So that would off set some of the extra cost. COUNCILMAN MONAHAN-I would hope that it would off set all of the extra cost. I mean, we've got enough problems handling our own financial requirements without taking on somebody elses. SUPERVISOR BORGOS-We all agree and I think we all agree that this is not an easy situation, anywhere in the world, let alone just here and you've watched the last few years in news reports in Washington County, Saratoga County, every County in the State, every County in the Country is going through this problem. We're kind of late because until a few months ago, this was going to be a joint landfill in Washington County and there wasn't a concern in Warren County. Now it's here and now it's with us and everybody here doesn't want it in their backyard either. Problem is, where do you put it? I've got some in my pocket right now, I'm going to throw it in my waste basket at home and then it goes to the garbage man and it goes somewhere and where is it going to go? It was with me all day long, it was probably alright. Now it becomes garbage and nobody wants it. Difficult, difficult problem to solve. We're looking for new and innovative solutions. COUNCILMAN MONAHAN-Again I'm going to make the pitch that people do not create so much garbage in the first place and we put the pressure on the manufacturers not to over package everything that we buy. JOHN BOWMAN, Route 149-A question. If this is used as an inter landfill refuge and what not coming from the other Towns, do we get some sort of fee from those Towns to go towards the closing of our landfill. SUPERVISOR BORGOS-Yes sir, towards the closure and towards the daily operation. MR. BOWMAN-Now, just having the inter landfill does not require a 3 or 4 hundred acre parcel? SUPERVISOR BORGOS-No it does not. We have more than adequate space for many years but hopefully it won't be there very long. MR. BOWMAN-Thank you. COUNCILMAN KUROSAKA-We used to solve the whole problem when I was a kid, they used to have perpetual fire burning at the dump. Sixty percent of what ends up in the dump is paper. SUPERVISOR BORGOS-The public should know by the way, burning, the Town Board has ordered a stop to all burning at the dump. There will be no more burning at the landfill at all, period, finished, it's done with. COUNCILMAN MONAHAN-I think we have some parents out there that I was talking to today that have children with allergies, they're going to jump up and cheer to have that news. COUNCILMAN KUROSAKA-You can imagine the middle of the summer the wind blowing the Lake George dump over the Village. SUPERVISOR BORGOS-Yes mam, would you come forward and state your name and address please. CHERYL SULLIVAN, 12 Asure Drive-Will we ever get Town water as far up as Asure Drive? SUPERVISOR BORGOS-That's a good question. As I said under my proposal, if that were to be a landfill, it would absolutely be insisted upon. If you want Town water up there, you can petition the Town Board to request a water district, water extension up there. What you have to know is that the owners of property in that district will be the only ones permitted to pay for the expansion of the water service. So to take it essentially from Hiland Park all the way up there, would be the cost of the people who want the water. It mayor may not work. Maybe properties along the way would want the service. But under that scenario, yes, you could have water service there. Or if we eventually serve Lake George, we're probably going to be serving the Village of but if we serve all around Lake George at some point, then it will be going by and will be less expensive. MS. SULLIVAN-Like when would we start? SUPERVISOR BORGOS-Ifwe got a petition tomorrow, we'd start looking at it right away. You're looking at very, very large dollars unless by some miracle we could contact Congressman Solomon, if he'll speak to us anymore, and we ... MS. SULLIVAN-What about the fees that you're getting from the other people and everything? SUPERVISOR BORGOS-The fees for the landfill are for the operation and closure of the landfill there now. It would be, as best I can tell, an inappropriate and probably an illegal use to use that to set up a water district. But I'll check on that. COUNCILMAN KUROSAKA-Unfortunately if you want water, you're going to pay for it. SUPERVISOR BORGOS-We're not going to have enough money to close the landfill let alone put water Ill. (unidentified member of the audience) What happens if they find out that the water has been contaminated by the landfill? SUPERVISOR BORGOS-Ifthey do, we'll take whatever action that is appropriate. But the point is, for 40 years ... ....No, I'm only saying if they did. SUPERVISOR BORGOS-Right but there's no evidence that it is. .... No, I know. SUPERVISOR BORGOS-We've been testing and we would have shut a long time ago. FRANK LABATORE, Jenkinsville-I'mjust kind of curious, the person that left here rather rudely had a good point. There's a very large pit next to the Ciba Geigy pit and I was wondering if the Board, number one, who owns that? Whose mining that pit? SUPERVISOR BORGOS-Town of Queensbury owns that. We're using for our Highway Department. We get our cobble rock out of that, we get our item 4 material, we get some clean sand out of there. MR. LABATORE-Okay, what is the plan for that hole? SUPERVISOR BORGOS-Definitely not for a landfill. MR. LABATORE-Okay, are you going to fill it with something? I mean its a huge, huge hole and that's where everybody's concern is. SUPERVISOR BORGOS-We're not sure at this moment what's going to go there but it's not even being thought of for a minute as a landfill site. MR. LABATORE-Okay. SUPERVISOR BORGOS-Not even for a minute. COUNCILMAN MONAHAN-In the first place we can't afford to cover that gravel resource. I mean that gravel resource is necessary to the Town. MR. LABATORE-Okay. The second point is, has the Town looked at that whole area? For instance this large pit is right next to the Ciba Geigy pit which is a lined official pit type thing. SUPERVISOR BORGOS-Correct. MR. LABATORE-Fifty feet away on the other side of the road is the new construction pit. Is the Town concerned about any, I don't know what the word is, structural or strength in the ground or the support for that existing landfill, of causing some problems down the line? I mean it's very, very close when you go up by there it's ... SUPERVISOR BORGOS-Right, I've looked at it too. The part I would be concerned with, if any, would be the easterly side of the Ciba Geigy landfill. That has been studied and studied and studied by engineers and I've been reassured that it's safe and it's stable. I noticed a wash out there a month or so ago and notified Ciba Geigy, they said they would take care of it immediately. But they have somebody watching it regularly. I don't know if George has been there recently enough to comment about it's stability . COUNCILMAN KUROSAKA-No I haven't been. SUPERVISOR BORGOS-Sand and gravel tend not to move that much. Other things have mud slides but water usually goes through. MR. LABA TORE-The big concern is the large hole because we know it's going to be filled with something and the first thing that comes to mind is a landfill and it looks like a very nice hole to be lined. SUPERVISOR BORGOS-Mr. Naylor wanted to fill it with some sand or with some topsoil from Hovey Pond and we may end up using that as a stock pile area for that. MR. LABATORE-Okay but there's no plan to use that as ... COUNCILMAN KUROSAKA-Oh, no. SUPERVISOR BORGOS-Again, the law wouldn't permit it because under the new par 360 regulations, you have to have slopes of 1 on 3, or 1 on 4 maximum, it has to be lined. You couldn't get anything in by the time the sides came together at the right slopes you'd be at the top of the hole. MR. LABATORE-Okay, thanks. COUNCILMAN KUROSAKA-That sounded like a good place to stock pile that clay. SUPERVISOR BORGOS- That's a possibility. COUNCILMAN MONAHAN-I think Steve that, you know, we should tell everybody that the Ciba Geigy pit, I shouldn't call it pit, the closure area is under constant monitoring and under the constant jurisdiction of DEC. That isn't something that is closed and left alone. Constant tests are being done, it's constantly monitored. So you know it's not like you close an area and that's all there is to it. In fact it's going to cost the Town of Queensbury when we close the landfill many thousands of dollars a year to keep monitoring that and to comply with all ofDEC regulations for a closed landfill. So it isn't something that you close and walk away from. MR. WALKER-Why shouldn't the City of Glens Falls be involved in the fee for testing and monitoring? SUPERVISOR BORGOS- They are. MR. WALKER-If we're going to handle all of Warren County's for the next 6, 8, 10 months, why shouldn't they have a hand in the pocketbook? SUPERVISOR BORGOS- They all are, they all are and their fees are coming in for that. MR. WALKER-I'm talking about the monitoring after the closure. SUPERVISOR BORGOS-After the closure is an interesting question. But on the other hand we have to think we for many years used the City landfill on Luzerne Road and they're going to have to close theirs and is it a proper trade off maybe for them to take care of the monitoring of that landfill and we'll take care of the monitoring of this landfill. MR. WALKER-Alright but you're still involving, we're involving the whole of Warren County now. SUPERVISOR BORGOS-Right and they're going to be charged an adequate fee to cover our expenses. It's a good point that you raised. MR. WALKER-In the future. SUPERVISOR BORGOS-I was going to say, a good point that you raised about the future and I think since they haven't signed agreements yet, perhaps we've got a shot to put some extra money in there. Good point. MR. W ALKER- Thank you. SUPERVISOR BORGOS-You are welcome. Anyone else, just state your name please and address. MS. MARKWELL-I just wanted to know what is the area, you've been up there many times, what is the area on Jenkinsville Road that they've covered now and they go out and I see them testing the area? COUNCILMAN MONAHAN-Are you talking about the part that's all green grass and everything? MS. MARKWELL-I'm not sure if it's green grass, yea, but it was just covered last summer. COUNCILMAN MONAHAN-Yea, you're talking about the Ciba Geigy pit that was closed according to DEC regulations. MS. MARKWELL-Why do they have to wear completely, all white suits, head gear and the whole thing? COUNCILMAN MONAHAN-It's regulations when you are around any of that type of thing. MS. MARKWELL-Then what about our children riding by or walking by there or ourselves sitting out there, what ... COUNCILMAN MONAHAN-I am sure that if anything, you know, in the first place, I don't have much concern about something going wrong there, okay, but naturally it's something you watch and monitor, just like you watch a patient after an operation. I would say that from that site, you are in no danger whatsoever. MS. MARKWELL-But yet they have to wear ... COUNCILMAN MONAHAN-It's the same way in alot of things. COUNCILMAN MONTESI-Well same thing when they take asbestos out of the school. You know, our kids are in the school everyday but when they do that asbestos removal, they've got the scott packs on, the white suits and they have the vents going out and they're taking the asbestos out of there. You sometimes wonder, you know, but that's the regulation that anybody that works in that environment. What they were taking, the heavy metals out of Ciba Geigy's sewer treatment process and bringing it up there, 10 or 11 years ago when the new sewer treatment plant was put in Queensbury, DEC said that you need a site, a 10 or 12 acre site for this ash. They came up and they sited it in Queensbury there, I think it was at least 12 years ago and I'm not a 100 percent sure but I thought the siting was 18 inches of clay liner on the base before they put anything in there, a fabric and the leach aids. What you see there, the trucks going in there occasionally is, I guess it goes in there weekly, is I think theres a 5,000 gallon tank in there that when it rains, any of the water that's in those pipes in the ground, go into that tank and it has to be pumped and brought down to the Glens Falls Sewer Treatment Plant. MS. MARKWELL-That was another concern of mine. There is, I guess we all agree, there is going to be an interim period where we are going to be a Warren County landfill, temporary landfill. What about the increased truck traffic on Ridge? There not just coming up Ridge, they cut through Mud Pond and up. We have probably 13, 15 elementary children getting on the bus at 7:35 every morning where we have heavy fog down there. I've heard many trucks having to stop very quickly. Children will be children, they'll play out in the road. What about this? SUPERVISOR BORGOS-I think I can answer your question. COUNCILMAN MONAHAN-I wanted to answer that. SUPERVISOR BORGOS-Okay. MS. MARKWELL-Oh, go ahead, we've discussed this before but I just wanted to get other opinions because you know I am concerned and the trash that's out ... SUPERVISOR BORGOS-We are too. See for some reason you don't understand, we are too. We are. COUNCILMAN MONAHAN-I hope, I'm assuming that this got into the contract language because it's one of the things that I insisted on if that was to be a consolidated landfill. That the routes that trucks could go, would be picked by the Town of Queensbury and believe me Jenkinsville Road will not be one of them. MS. MARKWELL-I've seen trucks coming up even ... COUNCILMAN MONAHAN-I'm saying, wait a minute, we're not a consolidated landfill. I'm talking about when we ... MS. MARKWELL-Okay, I realize ... COUNCILMAN MONAHAN-When we're getting trucks from areas that have no right to use that landfill now. They will come over and did this get written into the contracts guys? ATTORNEY DUSEK-Yes it did. SUPERVISOR BORGOS-To the best of my knowledge it is there. COUNCILMAN MONAHAN-That we will have the ability to pick the truck routes and I can assure you that they will not be using Jenkinsville as one of the truck routes. MS. MARKWELL-Okay. SUPERVISOR BORGOS-We have to look for a minute where this other stuff is coming from. Queensbury and Glens Falls already come in here, has been for years. We're going to get some from Lake George, from the north, you're going to get it from Thurman and Horican and Johnsburg and Stony Creek. None of them have to go anywhere near Jenkinsville Road. MS. MARKWELL-We've already seen an increase in truck traffic. We see trucks coming up County Line Road now when they have the tonnage ... SUPERVISOR BORGOS-But, but see we're not a consolidated landfill yet. MS. MARKWELL-No but can I say something though. You know County Line Road in the winter when it becomes bad they put up a limited sign, you know, a certain tonnage, I forget what the number is, I see dump trucks and everything else coming up that road anyways. So what is going to keep them from breaking the law on this? SUPERVISOR BORGOS-Because none of them have to go by there and they won't want to go on Jenkinsville Road and what's the reason for them to go Jenkinsville Road, it's longer to go that way. COUNCILMAN MONAHAN-Let's just give her for instance if they do. The scenario is, we'd shut them off. SUPERVISOR BORGOS-Right. COUNCILMAN MONAHAN-You want to use that landfill, you stay off the roads. You use that road, you stay out of our landfill. MS. MARKWELL-Okay, as long as we, now you can write this in contracts all you want but what about the garbage, the extra garbage that is landing in front of everybody's doorstep? SUPERVISOR BORGOS-But it's not going to come that way. COUNCILMAN MONAHAN-It's not going to be that way. MS. MARKWELL-Okay, I'm speaking I guess for the people who do live on Ridge then I guess. SUPERVISOR BORGOS-We've already dropped ... COUNCILMAN MONAHAN-Well again I think what you find on Ridge is and I think, you know, you've got to give Jim Coughlin and his crew alot of credit, that they go out with help that he gets and pick that road up quite often. MS. MARKWELL-They do, they do do good work. COUNCILMAN MONAHAN-I mean, you know, they absolutely are making a very definite effort to keep those roads clean and free of garbage. COUNCILMAN KUROSAKA-There's a State law against driving a garbage truck without a cover on it anyway. COUNCILMAN MONAHAN-I know but unfortunately some of them still do. MS. MARKWELL-We've had that discussion already. COUNCILMAN KUROSAKA-They've got to enforce it, that's all. Everything is enforcing. The enforcement is by the sheriffs department. COUNCILMAN MONAHAN-As I say, you find a truck that's got uncovered garbage going into that landfill, give me the license number. MS. MARKWELL-I will. I've got your number. COUNCILMAN KUROSAKA-Take the number and call the sheriffs department. SUPERVISOR BORGOS-Okay, the sheriff has been writing tickets for that. In fact one of our own highway trucks got stopped. COUNCILMAN MONAHAN-Are you going to court? SUPERVISOR BORGOS-No. The guy forget to put the tarp down, he was carrying dirt. RON COSTELLO-My name is Ron Costello, I'm a newcomer to Queensbury, 6 months ago. SUPERVISOR BORGOS-Welcome. Didn't know we had such fun here. MR. COSTELLO-Through family circumstances, my wife and I had to sell my house in Coxsackie where I was born and raised and we had to move up here. A month after we were here, her mother died, 98 years old. But my point is, we're on Ridge Road, we're 4 houses below the dump on the west side and I've never seen so much junk in my life that we have to pick up every day on the yard from the trucks that aren't well covered that are going to the dump. I'll be so happy when this is closed. Thank you. SUPERVISOR BORGOS- Thank you. Anyone else on this subject or any other? CAROL PULVER, Bedford Close, Queensbury-Questioned whether West Mountain was hosting the fireworks display again this year? SUPERVISOR BORGOS-Noted that it's their proposal but a permit has not been issued yet, but it is on the agenda for tonights meeting. MS. PULVER-Concerned with parking and traffic during the celebration. Noted that during last years event, many used Bedford Close as a parking area, driving on the lawns, leaving beer cans and etcetera, knocking down mail boxes. After the fireworks display, the neighborhood became a speed way. Would like to request that the Town Board, if the event is to go through, consider the health, welfare and safety of the neighbors and residents of Bedford Close and ask for some patrolling of the neighborhood to keep the cars off the lawns and out of our driveways and from speeding through the neighborhood. SUPERVISOR BORGOS-Read language in the proposed resolution, that the permit issued herein is conditioned upon and shall state therein that all advertising for the fireworks event including newspaper, radio, brochures, handbills etcetera, shall include the following statement, parking on premises of West Mountain Ski Area only, please do not park on neighboring side streets and properties. JERRY BECKWITH, Ridge Road-Two concerns on the landfill. One is and I just want some guidance, who I can contact about these problems and you mentioned your phone number Betty but, someone to contact for the open trucks. As I said, I live on Ridge ... SUPERVISOR BORGOS-Warren County Sheriffs Department, they'll respond immediately. MR. BECKWITH-Okay, I mean saturdays, saturdays, constant flow of open trucks and stuff falling off. SUPERVISOR BORGOS- They will respond saturdays, nights, whatever. COUNCILMAN MONAHAN-Steve but also I want to point out that it has been policy in the past and I don't know what's going on with this now, that the landfill would not accept it when it came up in an open truck. They would turn them away. SUPERVISOR BORGOS-There's big signs up there saying that that is the case. MR. BECKWITH-There's big signs up there, there's a fine on there but ... COUNCILMAN MONAHAN-They would turn them away and maybe we just have to speak to Jim and say these guys have got to get on their act and when a open truck comes in ... SUPERVISOR BORGOS-Would you do that tomorrow please? COUNCILMAN MONAHAN-Sure I will ... MR. BECKWITH-Jim does take care of that as far as like you said, picking up everything on Ridge Road, that part is good. But it continually happens. The other one is, the repair of Ridge Road as far as on the corner where I am, it's very rough and you have all those trucks and every time a truck goes over a certain section of the road that is really torn up on Ridge Road, thats State? SUPERVISOR BORGOS-I don't want to pass the buck but it's State. We've written the State DOT, the State says, you know, obviously they have financial problems, we're all really going to find out about. The best thing is for you, we've contacted over and over, the best thing for you and other neighboring citizens to send letters, appear in person. Look for the regional engineer, is that the title? New York State Department of Transportation, in the phone book, regional engineer, Herb Steffens in Warrensburg, is the guy to call. If he get's enough calls, they'll do the best they can. COUNCILMAN MONAHAN-Jerry, 2 suggestions. Open trucks, get their license numbers if you possibly can, also and I think the problem with Ridge Road that every time the State does, they do it wrong and they finally ripped it all up north of 149 when they did that part and did a good job but we've never had a good job done our way. MR. BECKWITH-That's right and the last repair made it worse actually. Thank you very much. PLINEY TUCKER, Ward 4-Questioned whether the Town will be providing a dumpster for the lawn clippings at the Luzerne Road Transfer Station. SUPERVISOR BORGOS-Noted that it is presently being considered and being looked into. MR. TUCKER-Questioned whether the Town Board has plans to meet with the Town Planning Board regarding lead agency for a rezoning request? SUPERVISOR BORGOS-Noted that he wrote a letter to Mr. Cartier asking him to reconsider their position, the Planning Board's position, but nothing has been settled as of right now. Noted that the Town Board feels that everyone, every applicant, every property owner should be treated as all other property owners and every other property owner to date who has requested a rezoning has gone through the process where we were lead agent for rezoning purposes. It's not settled yet, we do hope it's settled soon, one way or the other so the property owner will know what to do with his plans. We may have to hold a special meeting between the 2 boards. OPEN FORUM CLOSED 10:40 p.m. RESOLUTIONS RESOLUTION TO RETAIN SERVICES OF VANDUSEN AND STEVES RESOLUTION NO. 346, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services of VanDusen and Steves to do the survey work in regard to the landfill closure and be it further RESOLVED, that they will be retained at the prevailing wage rates for their service at a budget figure not to exceed $15,000.00 to be paid from the Landfill Closure Fund. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION APPROVING MINUTES RESOLUTION NO. 347, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of May 6th, 9th and 13th ofl991. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION APPROVING MINUTES RESOLUTION NO. 348, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of May 24th and June 10th of 1991. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Abstain: Mr. Kurosaka RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT RESOLUTION NO. 349, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, in connection with the operation of the summer Parks and Recreation program by the Town of Queensbury, Harold Hansen, Director of Parks and Recreation, has recommended to the Town Board that recreation activities be provided in various areas of the Town and WHEREAS, the Town of Queensbury is presently not the owner oflands in these various areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Parks and Recreation Department thereon, and WHEREAS, Harold Hansen, has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands in North Queensbury, West Glens Falls, and Glen Lake respectively to lease said lands for use in connection with the Town's sununer Parks and Recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 25 to August 16, 1991, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these three parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, it would serve a legitimate Town purpose to provide summer Parks and Recreational programs in North Queensbury, West Glens Falls and Glen Lake, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid three parcels of land for a period from June 25, 1991 to August 16, 1991 under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Stephen Borgos, Supervisor, be authorized and empowered to execute said leases on behalf of the Town of Queensbury. Duly adopted this 17th day of June, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING THE SERVICES OF EDWARDS, WILLIAMS, MCMANUS, RICCIARDELLI & COFFEY, P.C. RESOLUTION NO. 350, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of authoring the retention of the services of Edwards, Williams, McManus, Ricciardelli and Coffey, P.C., in providing assistance for the audit of books and records of the Town Clerk, Town Justices, and Town Tax Collector (pursuant to Town Law #62 and # 122) in accordance with the terms and provisions of a letter dated June 10, 1991, by said Certified Public Accountants, and presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves of the retention of the services of Edwards, Williams, McManus, Ricciardelli and Coffey, P.C., in accordance with the terms and provisions set forth in the preambles of this resolution, with the cost of said services to be paid for from the CPA Audit Account. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR THREE WHEEL, HYDRAULICÆNGINE DRIVEN, TOW TYPE SIDE DELIVERY ROTARY SWEEPER RESOLUTION NO. 351, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of purchasing a three wheel, hydraulic/engine driven. tow type side delivery rotary sweeper, for the Town of Queensbury Water Department, which item is more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said three wheel, hydraulic/engine driven, tow type side delivery rotary sweeper be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than July 8, 1991, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.m. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town 0 Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., July 8, 1991, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 352, 1991, Introduced by Mr. Ronald Montesi, who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, certain departments have requested transfers of funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below: RECREATION DEPARTMENT FROM TO AMOUNT 01-7310-1910 01-7310-1991 $ 18,800.00 (Sr. Typist) (Typist) and BE IT FURTHER RESOLVED, that the 1991 Town Budgets be amended accordingly. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO INCREASE APPROPRIATION IN CAPITAL PROJECT FUND AND BUDGET BY $25,000 TO $150,000 FOR CRONIN ROAD BRIDGE PROJECT RESOLUTION NO. 353, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, by previous resolution, the Town Board of the Town of Queensbury established a Capital Project Fund and budget for the Cronin Road Bridge project, and WHEREAS, the Town Board of the Town of Queensbury is desirous of amending said budget and authorizing an increase in appropriations to said Capital Project Fund to $150,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an increase in appropriations in the aforesaid Capital Project Fund by $25,000.00 to create a total appropriated fund balance of $150,000.00 with the source of funding to come from an additional bond anticipation note previously authorized by this Town Board in the amount of $25,000.00. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO. 354, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Galaxy Fireworks, Inc. on behalf of W A YK radio station, has requested permission to conduct a fireworks display as follows: SPONSOR: W A YK Radio Station PLACE: West Mountain Ski Area, Queensbury, NY 12804 DATE: July 3, 1991 TIME: 9:30 p.m. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit to the aforesaid sponsor subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display, 2. The date and time of day at which the display is to be held 3. The exact location planned for the display, 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks, 5. The number and kid of fireworks to be discharged, 6. The manner and place of storage of such fireworks prior to the display, 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other over head obstructions; B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshall and the Chief of West Glens Falls Volunteer Fire Co., Inc.; D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells; and E. The permit issued herein is conditioned upon and shall state therein that all advertising for the fireworks event (including newspaper, radio,brochures, handbill, etc.) shall include the following statement: "Parking on premises of West Mountain Ski Area only - Please do not park on neighboring side streets and properties. " BE IT FURTHER RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provides: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display in concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type of fire extinguisher of at least two and one-half gallons capacity each shall e kept at as widely separated points as possible within the actual area of the display. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ENACT LOCAL LAW NUMBER 9, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 58 TO BE ENTITLED "BUILDINGS, ELEVATORS REQUIRED", WHICH CHAPTER PROVIDES FOR THE INST ALLA TION OF SUIT ABLE ELEVATORS IN ALL HOUSING COMPLEXES FOR THE ELDERLY OR HANDICAPPED, WHICH CONTAIN 10 OR MORE UNITS ABOVE THE FIRST FLOOR RESOLUTION NO. 355, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law entitled, "A Local Law to Amend the Code of the Town of Queensbury By Adding a New Chapter 58" thereof Entitled 'Buildings, Elevators Required,' to add a new chapter concerning the installation of suitable elevators in all housing complexes for the elderly or handicapped, which contain 10 or more units above the first floor, and WHEREAS, a copy of the aforesaid proposed Local Law entitled "A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 58 to be Entitled 'Buildings, Elevators Required', Which Chapter Provides for the Installation of Suitable Elevators in all Housing Complexes for the Elderly or Handicapped, which Contain 10 or More Units Above the First Floor", was previously presented to the Town Board, WHEREAS, on June 3, 1991, a public hearing was held with regard to this Local Law as then written, and WHEREAS, following said public hearing, the Town Board of the Town of Queensbury determined that it would be appropriate to further identify those buildings in which it would be necessary to construct or install elevators, and so revising said Local Law, adopted the same, and WHEREAS, that section of the Law revised by the said Town Board following the public hearing was determined not to require a further public hearing, and WHEREAS, the Town Attorney has advised that the previous resolution of adoption should be rescinded and the Local Law readopted only after the same has been before the Board in final form for seven days or after the supervisor has issued a certificate as to the necessity for immediate passage, and WHEREAS, the Town Supervisor has certified as to the necessity for immediate passage of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinded its previous resolution whereby it adopted the Local Law presented at this meeting, and RESOLVED, that the Town Board of the Town of Queensbury, after due consideration of the Supervisor's Certificate of Necessity, hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 58 to be entitled "Buildings, Elevators Required," which chapter provides for the installation of suitable elevators in all housing complexes for the elderly or handicapped, which contain 10 or more units above the first floor, to be known as Local Law Number 8, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of June, 1991, by the following vote:' Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NO. : 9 ,1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 58 TO BE ENTITLED "BUILDINGS, ELEVATORS REQUIRED", WHICH CHAPTER PROVIDES FOR THE INST ALLA TION OF SUIT ABLE ELEVATORS IN ALL HOUSING COMPLEXES FOR THE ELDERLY OR HANDICAPPED, WHICH CONTAIN 10 OR MORE UNITS ABOVE THE FIRST FLOOR BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1: The Code of the Town of Queensbury is hereby amended by adding thereto a new Chapter, to be Chapter 58, Buildings, Elevators Required, to read as follows: 58-1 Legislative Intent: The Town Board of the Town of Queensbury finds that it is in the interest of the health, safety and general welfare of the Town to require that all housing complexes for the elderly or handicapped which contain ten (10) or more units above the first floor in any single building equipped with suitable elevators to permit access to the upper floors of such housing projects, 58-2 Definitions: As used in this local law, the following terms shall have the meanings indicated: HOUSING COMPLEX FOR THE ELDERLY OR HANDICAPPED - A housing complex built for the express purpose of providing housing for households where the tenant or co-tenant is at least sixty- two (62) years of age, disabled or handicapped. 58-3 Elevator Required: All house complexes for the elderly or handicapped which contain ten (10) or more units above the first floor in any single building and which are constructed within the Town of Queensbury, New York after the date of adoption of this local law shall have such buildings equipped with suitable elevators to permit access to the upper floors of such housing complexes. The standards of suitability of such elevators shall be in the discretion of the Code Enforcement Officer but shall be installed and maintained in accordance with all applicable governmental laws, rules and regulations. 58-4 Severability: Should any section of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. SECTION 2: When Effective: This Local Law shall take effect immediately upon filing with the Secretary of State. RESOLUTION TO ENACT LOCAL LAW NO.: 10, 1991 A LOCAL LAW TO AMENDED THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO AMEND AND ADD A NEW PARAGRAPH CONCERNING STANDARDS FOR LEACHING FACILITIES RESOLUTION NO. 356, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law, entitled, "A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof Entitled, 'Sewers and Sewage Disposal' to Amend and Add a New Paragraph Concerning Standards for Leaching Facilities," and WHEREAS, a copy of the aforesaid proposed Local Law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof Entitled 'Sewers and Sewage Disposal Ordinance' to Amend and Add a New Paragraph Concerning Standards for Leaching Facilities" was previously presented to the Town Board at a time when it also contained provisions pertaining to single family septic systems, and WHEREAS, on June 3, 1991, a public hearing was held with regard to the Local Law as then written which included references to single family septic system, and WHEREAS, following said public hearing, the Town Board of the Town of Queensbury determined that it would be appropriate to delete those portions of the law dealing with single-family septic systems and retain those portions of the law concerning standards for leaching facilities, and then adopted said Local Law, and WHEREAS, the remaining section of the law desired to be adopted by the Town Board of the Town of Queensbury following the public hearing has not in any manner been altered or revised and the Town Board, therefore, determines that it is not necessary to conduct a further public hearing, and WHEREAS, the Town Attorney has advised that the previous resolution of adoption should be rescinded and the Local Law readopted only after the same has been before the Board in final form for seven days or after the supervisor has issued a certificate as to the necessity for immediate passage, and WHEREAS, the Town Supervisor has certified as to the necessity for immediate passage of this Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinded its previous resolution whereby it adopted the Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, after due consideration of the Supervisor's Certificate of Necessity, hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof now entitled "A Local law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof Entitled 'Sewers and Sewage Disposal' to Amend and Add a New Paragraph Concerning Standards for Leaching Facilities," to be known as Local Law Number 10, 1991, the same to be titled and contain such provisions as set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Law will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NO. 10,1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF ENTITLED SEWERS AND SEW AGE DISPOSAL TO AMEND AND ADD A NEW PARAGRAPH CONCERNING STANDARDS FOR LEACHING FACILITIES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Chapter 136 of the Code of the Town of Queensbury, Section 136-8 paragraph B is hereby amended to read as follows: B. No component of a leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading, unless same has been approved by a New York State licensed engineer and specifically designed for placement under driveways, roads, parking areas or areas subject to heavy loading. The foregoing shall not be interpreted to apply to absorption fields which shall not be built under driveways, parts of buildings or swimming pools or other areas subject of heavy loading. Surface waters shall be diverted form the vicinity of the system. Section 2. This Local Law shall take effect immediately as provided by the Municipal Home Rule Laws of the State of New York. RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF ENTITLED "ZONING" RESOLUTION NO. 357, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of the Local Law and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified by Ordinance of Local Law, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance as codified, it is necessary to hold a public hearing prior to adopting said proposed amendment, and WHEREAS, it would also appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is a Type I action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that any such notices be sent to such other involved agencies as may be required under SEQRA to allow and provide for a coordination SEQRA Review, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER RESOLVED, that said public hearing shall be held on July 30, 1991, at 6:30 P.M. in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Town Attorney's Office is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described to be in a form approved by the Town Attorney, to be delivered 10 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER RESOLVED, that the Town Attorney's Office is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a apart of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and that copies of the proposed amendments, this resolution and copies of the notices be given to said agencies unless said agencies already have copies of the same, and BE IT FURTHER RESOLVED, that the Town Attorney's Office is also hereby directed to give a copy of the proposed amendment, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 17 day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None (proposed local law to be found on page _) RESOLUTION AUTHORIZING SUPERVISOR TO SIGN PROPOSAL FOR ENGINEERING SERVICES WITH MORSE ENGINEERING, P.e. CONCERNING PERIODIC TOURS OF QUEENSBURY RIDGE ROAD LANDFILL SITE RESOLUTION NO. 358, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Morse Engineering, P.e., to provide engineering services for periodic tours of the Queensbury Ridge road Landfill Site, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Morse Engineering, P.C. to provide engineering services for periodic tours of the Town of Queensbury-City of Glens Falls Landfill Site, and hereby authorizes and directs the Town Supervisor to execute an agreement for said services in a form to be approved by the Town Attorney, and BE IT FURTHER RESOLVED, that payment for said services be paid for from the Landfill Misc. Contractual account. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 359, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that the Audit of Bills appearing on Abstract June 17th, 1991 numbering 91258000-0201 thru 91296400-0201 and totaling $295,528.72 be and hereby is approved. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None DISCUSSION REGARDING PROPOSED ZONING The following changes were proposed and approved: 1. Page 1, Section B under Retail Business, exclude: Farm and Construction Equipment Sales & Service Logging Equipment Sales & Service 2. Page 3, Dl - List Parking: Expansion of required parking that exceeds 5 spaces or 10%, whichever is greater RESOLUTION DIRECTING TOWN ATTORNEY TO MAKE AMENDMENTS TO PROPOSED ZONING CHANGES RESOLUTION NO. 360, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby directs the Town Attorney to make amendments to the proposed zoning laws changes as noted in the discussion. Duly adopted this 17th, day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ACCEPT BID ON RETORT RESOLUTION NO. 361, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid offered by Industrial Equipment & Engineering Co. of Orlando, Florida in an amount of $37,875.00 plus shipping of $1,489.00 subject to final approval by the Cemetery Commission and be it further RESOLVED, that the retort chamber shall be paid for from the Capital Projects Account from within the Cemetery Fund. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Discussion regarding point system for the Voluntary Fireman Awards Program, no decision made. Discussion regarding Shore Colony Dock, consensus of Board to allow Director of Building and Codes to take whatever action is appropriate for an unsafe structure. No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY