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1993-03-01 TOWN BOARD MEETING MARCH 1, 1993 7:00 P.M. MTG. #16 RES. 150-166 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Town Attorney Paul Dusek Executive Director James Martin PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO RESOLUTIONS RESOLUTION APPROVING TOWN BOARD MINUTES RESOLUTION NO. 150, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board Minutes of February 2, 1993 be and hereby are approved. Duly adopted this 1st. day of March, 1993 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTIONS RESOLUTION NO. 151,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is authorized, pursuant to ~ 136-44.1 of the Code of the Town of Queensbury, to, upon request, waive the sewer connection requirement of ~ 136- 44 thereof or vary the time in which such connection must be made, provided that certain standards and criteria or conditions are met or demonstrated and provided that a certain procedure is followed, and WHEREAS, in granting a variance or waiver, the Town Board may consider one or all of the following circumstances: (a) required. The distance from the building to the town sewer pipeline to which connection is (b) The cost of the connection. (c) The existence or nonexistence of any physical obstructions. (d) The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e) Whether the current sewage disposal system is properly functioning. (f) Whether any rights-of-way or easements are needed in order for the applicant to make the connection to the town sewer system. (g) Whether strict application of the connection requirement of ~ 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of the sewer connection requirement or that the property and the district in which the property is located or otherwise conflict with the description or objections of the plan or policy of the town and that the interests of justice are served. and WHEREAS, if the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a) In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than two hundred fifty (250) feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which the sewer line must pass in order to connect to the town sewer system, the Town Board may grant a permanent waiver from the requirement that the applicant connect the subject property, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and (b) In the event that the circumstances giving rise to the request are due to excessive costs of connection, the financial loss to be sustained by the property owner in the event of nonuse of the current system or any other specified difficulty which makes it difficult or impractical for the applicant to connect to the town sewer system and the applicant is willing to pay the full and usual sewer rents or taxes accruing against the property, the Town Board may grant an extension of time, not exceeding two (2) years, in which to connect to the town sewer system, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and WHEREAS, Mr. Bruce Lungren (Fall Line Ski Shop, Inc.) has applied to the Town Board of the Town of Queensbury for a variance and relief from that part of the law requiring sewer connections upon the grounds that: The water table, clay soil, and depth of sewer line will necessitate excavation at the driest possible time of the year - September-October, before the frost sets in. and WHEREAS, the applicant has indicated that: The current septic system consists of a concrete tank and sufficient leach field for the building. Since this is a seasonal business, the system gets little use 4 to 5 months of the year. They have two full-time and one part-time employee. The business is closed in the summer months, so they wish to defer sewer hook-up, pending full-time utilization of the building. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on March 15, 1993, 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 Mr. Bruce Lungren (Fall Line Ski Shop, Inc.) on property situated at III Quaker Road, Queensbury, New York, and bearing Tax Map No. 059-5-3, and BE IT FURTHER, RESOLVED, that the hearing shall be on written notice to the applicant and said applicant shall be entitled to ten (10) days written notice, with the provision, however, that this notice may be waived by the applicant by affirmative action or by appearance at the time and place of the hearing, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the date of the hearing, which Notice of Hearing shall be in a form substantially consistent with the Notice presented at this meeting. Duly adopted this 1st day of March, 1993, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT : None RESOLUTION AMENDING RESOLUTION NO. 137, 93 REGARDING SEWER RESTORATION AGREEMENTS RESOLUTION NO. 152, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Agreements were presented on February 22, 1993, which provided for certain monetary compensation rather than complete restoration in certain instances where sewer pipes or other facilities were installed upon persons' property granting an easement to the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury authorized the payment of the sums indicated in the Agreements to Terry & Connie Howk, Mark Steele, and Quaker Village Development Corporation from Account No.: 32-1930-4400 and it has been learned that a different account should be used, NOW, THEREFORE, BE IT RESOLVED, that the payment of said amounts shall be paid for from the Quaker Road Sewer Fund, Account #76-8150-289, which account shall be reimbursed by funds from the Contract 7 Belden Corporation Retainage Fund, and BE IT FURTHER, RESOLVED, that resolution no.: 137, 93 shall be amended as herein provided. Duly adopted this 1st day of March, 1993, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING AMENDED CONTRACT WITH KVS INFORMATION SYSTEMS, INC. RESOLUTION NO.: 153,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 84,93, authorized an agreement with KVS Information Systems, Inc. for the purchase and installation of a computer hardware upgrade system for the Town of Queensbury Accounting Department, and WHEREAS, since the proposed agreement was presented to the Town Board at their January 18, 1993 meeting, and again at their February 22, 1993 meeting, KVS Information Systems, Inc., recommended changes in the agreement, and WHEREAS, the Town Attorney has reviewed said changes and has presented a copy of the new, amended agreement at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement with KVS Information Systems, Inc., presented at this meeting, and authorizes and directs the Town Supervisor to execute the same. Duly adopted this 1st day of March, 1993, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES Mr. Caimano, Mrs. Goetz ABSENT: None DISCUSSION HELD BEFORE VOTE ON RESOLUTION NO. 153.93 Supervisor Brandt-I do not want to change the books to some other system at this point, over a seven hundred dollar charge. Councilman Goetz- I do not like the idea of paying all their expenses, I hope another time that maybe we could do something different. Attorney Dusek-Noted changes in contract...changes in the warrantee clauses etc. some change appear on the schedule that you have in front of you, ninety day warrantee on site repair thereafter at cost indicated, throughout the contract there were a couple of other minor things to clarify their services and guarantees. Supervisor Brandt-It is my understanding that we have a very good relationship with the company and they do good work by us... RESOLUTION CLARIFYING POSITION OF PLANNING ASSISTANT RESOLUTION NO.: 154,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, during the course of 1992, adopted a number of resolutions concerning the reorganization of the Planning, Zoning, and Building & Codes Departments, and the establishment and abolishment of certain positions, including the establishment, more particularly, of the Planning Assistant positions, and WHEREAS, during the course of adoption of some of the resolutions, the position of Planning Assistant was referred to as Assistant Planner, and in one instance, a resolution was adopted which indicated that the Assistant Planner should have an engineering and/or architectural background, and WHEREAS, the Town Board is desirous of adopting a resolution which clarifies the Planning Assistant positions established by the Town Board in the Planning, Zoning and Building & Codes Offices, NOW, THEREFORE, BE IT RESOLVED, that notwithstanding any resolution to the contrary previously adopted during 1992 and 1993, the Town Board hereby indicates that the plan for the reorganized Planning, Zoning, and Building & Codes Departments include the employment of two Planning Assistants and hereby further acknowledges as correct and authorized, the establishment of two Planning Assistant positions and the appointment of the individuals currently, provisionally holding said positions. Duly adopted this 1st day of March, 1993, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE ON RESOLUTION NO. 154.93 Attorney Dusek-I was concerned because if you look back over your resolutions during the past year there was a number of times where it was referred to in different fashions, like one instance was it was called a, I think the correct title was Planning Assistant but it was called an Assistant Planner and that is a different position under Civil Service. Also at one point if you recall you were considering an Assistant Planner with Engineer and Technical background and that wasn't done, this cleans it up for you. RESOLUTION ADJUSTING SALARY OF PLANNING ASSISTANT, MR. SCOTT HARLICKER RESOLUTION NO.: 155,93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury desires to adjust the salary of Planning Assistant, Mr. Scott Harlicker, NOW, THEREFORE, BE IT RESOLVED, that the salary for the position of Planning Assistant, Mr. Scott Harlicker, for the year 1993 is $24,500.00 pro rated to be paid from Account #001-8020-1610, effective the date of this resolution. Duly adopted this 1st day of March, 1993, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None DISCUSSION HELD ON RESOLUTION NO. 155.93 Mr. Martin-This is for Scott Harlicker who was hired I believe last August and it was the decision of the Board at budget time that this come up for a review that his status was reviewed and upon my recommendation a salary increase of a $1,000 annually was part of this resolution. RESOLUTION TO ACCEPT BID FOR PURCHASE OF FILTER MEDIA RESOLUTION NO. 156, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of filter media, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Bos Sand Co., has submitted the lowest bid for the aforementioned filter media (a copy of their bid being presented to this meeting) and WHEREAS, Thomas K. Flaherty, Superintendent of the Water Department, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for filter media to Bos Sand Co., and BE IT FURTHER, RESOLVED, that said hydrants are to be paid for from the appropriate Water Department Account. Duly adopted this 1st day of March, 1993, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION AMENDING TOWN OF QUEENSBURY PURCHASING PROCEDURES RESOLUTION NO.: 157,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury presently has in effect, Purchasing Procedures, last revised on January 11, 1993, and WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the said Purchasing Procedures by adding the following language under GENERAL RULES APPLICABLE TO PURCHASES: "Price quotes, whether verbal or written, shall be kept confidential until AFTER purchase orders are approved;" NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Purchasing Procedures by adding the language as written hereinabove. Duly adopted this 1st day of March, 1993, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION AMENDING RES. 124, 93 CONCERNING PROMOTIONAL ADVERTISEMENT FOR NYS GIRL'S BASKETBALL RESOLUTION NO.: 158,93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 124, 93 to purchase a "half page ad" regarding the NYS Girl's Basketball Tournament to be paid for from the "Contingency Account," and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution to read a "full page ad at $250.00, to be paid for from Account #01-6410-4426," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 124, 93, to read as set forth hereinabove. Duly adopted this 1st day of March, 1993, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano NOES : Mr. Brandt ABSENT: None RESOLUTION REQUESTING REPORT FROM PLANNING BOARD RESOLUTION NO. 159, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is currently reviewing and considering an application by Niagara Mohawk Power Corporation for a Planned Unit Development named or entitled "The Hudson Pointe Planned Unit Development", and WHEREAS, the Town Board of the Town of Queensbury has rendered a positive declaration under SEQRA in connection with the aforesaid application and is about to undertake such procedures as may be necessary to arrange for an environmental impact study, and WHEREAS, the said Town Board is desirous of obtaining a report from the Planning Board concerning that part of the Planned Unit Development application which proposes a modification to a subdivision known as the Southern Exposure Subdivision (McDonald Subdivision), such that certain building lots will be eliminated from the subdivision and roads modified to allow access to the proposed Planned Unit Development and the aforesaid Southern Exposure Subdivision without use of Sherman Island Road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby requests that the Planning Board render a report and its recommendations concerning the proposed modification to the Southern Exposure Subdivision and whether the said Board feels that there are any environmental issues or other concerns with regard to the proposed modification. Duly adopted this 1st day of March, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None RESOLUTION AUTHORIZING PAYMENT OF VOUCHER #93-840 FOR PURCHASE OF AUTOMATED ANSWERING MACHINE RESOLUTION NO. 160, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Building and Grounds Department and the Supervisor's Office, of the Town of Queensbury, are desirous of purchasing a Viking Automated Attendant ACA-2 machine (automated answering machine), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment of Voucher #93-840, in the amount of $965.00, to Northern Telephone Services, to be paid on March 2,1993. Duly adopted this 1st day of March, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None COMMUNICATIONS Ltr. Dept. of Transportation- Notice of Order- 40MPH on Pickle Hill Road from Ridge Road to Bay Road 1.3 +- miles DISCUSSIONS DISCUSSION-WEST MOUNTAIN PUD Supervisor Brandt-Turned the meeting over to Deputy Supervisor Tucker...and left the meeting Councilman Goetz-I will abstain from this discussion... Deputy Supervisor Tucker-This is to do with the West Mt. PUD we have a letter from Mary Brandt requested the Town Clerk to read the letters.. Town Clerk- West Mountain Liquidating Partnership R.D. #2 West Mountain Road, Box 378 Glens Falls, NY 12804 February 9, 1993 Town Board Town of Queensbury Bay and Haviland Road Queensbury, New York 12804 To the Town Board: It is my understanding that the extension of the PUD for the lands of West Mountain Liquidating Partnership is about to expire. It is our desire to allow that PUD to expire and have the land use revert to the current Queensbury zoning guidelines. Please contact me if you need further information. Sincerely Isl Mary Brandt General Partner Deputy Supervisor-Do you want to read the one from the General Partners next and then the last one from Mary and that will be in sequence. Town Clerk West Mountain Realty LP 20 Park Plaza Boston, Massachusetts Mr. Paul Dusek Town of Queensbury 531 Bay Road Queensbury, New York 12804 Dear Paul: In the agreement for West Mountain Realty Limited Partners, dated February 26, 1990, it was stated that our approvals may be further extended for a longer period based upon needing "additional time for design, financing and approvals by other agencies". Due to the economic conditions of the country, the failure of financing institutions to provide funds for the development of such properties, and particularly the failure of many banking institutions, we request an extension of an additional year for the purpose of financing this development as is or with a modification to smaller phasing of a similar development. As such, a new phasing plan would be resubmitted based upon the financing available. there are some issues relative to the partnership's agreement with Mike Brandt relative to the land option which accompanies the land. However, this is an unresolved issue and the partnership believes it is in the best interest of the partnership and the lengthy process that it took to achieve the approvals that such extension be considered by the town board. We would be advised by you relative to the steps to secure such extension. In any event, we are making this our formal request for the extension of our approvals. We can be reached at 716-423-1490. Thank you for your consideration of this matter. Sincerely, Isl West Mountain Realty Limited Partners Isl By Joseph T. Krzys, Jr. Isl Arthur O. Wellman West Mountain Liquidating Partnership R.D.#2, West Mountain Road, Box 378 Glens Falls, New York 12804 March 1, 1993 Town Board Town of Queensbury Bay and Haviland Road Queensbury, New York 12804 To the Town Board: It is my understanding that Mr. Krzys and Mr. Wellman have approached the Town Board to extend the PUD on West Mountain Liquidating Partnership's land in the town of Queensbury. The option which West Mountain Realty Development Partnership had for purchasing and developing our land on West Mountain, expired on 12/31/90. The option has not been extended or renewed. Wellman, and Krzys have no ownership or interest in West Mountain Liquidating Partnership's land and I can see no reason why Krzys and Wellman have standing in the decision to extend or not extend the existing PUD on West Mountain Liquidating Partnership's land. As owners of the land, it is our desire to allow that PUD to expire and have the land use revert to the underlying Queensbury zoning. Sincerely, Isl Mary Brandt General Partner Councilman Caimano-Just a couple of questions just to start this thing out, in Mary's, twice Mary uses the pronoun our who is she talking about here, if we are talking about our, are we saying here Krzys and Wellman have no, they are not part of this PUD, Paul as far as you know? Attorney Dusek-All I know, you know when this originally was before the Town Board a couple of years ago there was some arrangement whereby Joe Krzys and these others had you know an interest or involvement in this. I cannot sit here now and tell you what, other than what these letters say, I cannot give you any more information, like I say, I do know they were all together at one point. Councilman Caimano-Isn't there any record? Attorney Dusek-We have to go back and look in the last agreements and resolutions that were reached they were contact points but I do not know if there is a clear delineation on that. I think it was a partnership title that holds it but I do not know if we have enough documentation to give you a... Councilman Caimano-There are two very distinct companies mentioned in here, one, is the West Mountain Realty Development Partnership and the other is the West Mountain Liquidating Partnership, that appears that there are two different companies. Attorney Dusek-That is a new name the Liquidating Partnership is a new name to me. The one that I think I recall is the West Mountain Realty Limited Partners. Councilman Caimano-Last year right about this time we extended the PUD for one year. Attorney Dusek-That is correct. Councilman Caimano-And I do not remember who was the signatures of the PUD at that time. Attorney Dusek-I think at that point it was my recollection that Joe Krzys and that company was what requested the extension. Councilman Caimano- That was what I thought but I cannot be sure. I guess I am a little bit non plus that we are trying to take this up when we do not have the background information on it. Attorney Dusek-Just so you know, my thought was to get it before you to introduce it and then perhaps table it and request additional information. Councilman Caimano- It seems to me and you guys correct me if I am wrong, but it seems to me that we have got to have, we do not know who the original signatures are, we cannot tell if Mary Brandt is correct or ifKrzys and Wellman are correct if we don't know who the original signatures are. We cannot say that she is correct if in fact they signed the papers and we cannot say they are correct if in fact they did not sign the papers, so we need to know that otherwise we cannot make a decision. Attorney Dusek-That was my inclination, but here again I wanted to get it to the Board because of the time deadlines, at least it has been before you and then we can table it and move on. Councilman Monahan-Paul, help me with my recollection. It is either a part of the PUD legislation or it is something that we put in the approval ofPUD's that the Town Board is to be notified that any time there is a change in the ownership of these PUD's and we have never been notified of a change of ownership and that is part of the PUD legislation. Councilman Caimano-We do not know if there is a change of ownership. Councilman Monahan-That is what I say we have never been, so we have to assume that there is not, that is what I am saying. We have not been notified which we have to be according to our legislation. Councilman Caimano- The other thing is Councilman Monahan-We have to be notified by the same people that got it in the first place. Councilman Caimano-Right. The other thing is I would like a clarification as to whether or not we are talking about two very distinct companies here and who these companies are? Who are these people? RESOLUTION TO TABLE RESOLUTION NO. 161,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan I move to table for further information as requested in the minutes of todays meeting. DULY ADOPTED THIS 1ST. DAY OF MARCH, 1993 BY THE FOLLOWING VOTE: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan NOES: None ABSENT: Mr. Brandt ABSTAIN: Mrs. Goetz Supervisor Brandt re-entered the meeting. DISCUSSION LANDFILL MANDATE RELIEF Attorney Dusek-Brought to the attention of the Town several upcoming meetings on Landfill Closure Mandate RelieLMarch 8, 1993 1:30 -4:30 pm and 6:00 - 9:00 pm at the Warren County Center and March 12, 1993 1:00 pm - 4:00pm Crandall Library Town Board requested that the Attorney attend one of the meetings ...other Board members noted interest in attending... DISCUSSION Attorney Dusek-gave information to the Town Board on Rolite... went over a letter to be sent to Tom Monroe on behalf of the Town Board...ifwe want to accept C&D and Paper Sludge we have to file a letter requesting an amendment to the consent order...this letter basically indicates that the proposal would be use paper sludge and construction and demolition debris in the first instance as fill over these next six months to bring the landfill to proper grade and secondly it might be used as daily cover and third the paper sludge might possibly be used in conjunction with the capping process as part of a composite liner system. This is a little bit speculative at this point it is still being worked on by our engineer it is my understanding that he should be before you probably, next Monday on this issue to review this with you but this letter is just to get the ball rolling and preserve for you those issues. If they amend the consent order obviously that will give you that right to take that. Councilman Caimano-It does not close the option of Rolite does it? Attorney Dusek-It does not mention Rolite, because it was not one of the things they said that they would do at this point. . .. we have pursued from the first two separate chains of letters one for the C&D and Paper Sludge and one for Rolite... RESOLUTION AUTHORIZING LETTER TO DEC RESOLUTION NO. 162, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano A resolution authorizing a letter to be sent to DEC as submitted by the Town Attorney. Duly adopted this 2nd day of March, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None DISCUSSION ROLITE Councilman Monahan-Questioned who are Camp, Dressor and McGee what role are they playing... Councilman Caimano- They are major engineering firm... Supervisor Brandt -reviewed Rolite...noted the Town of Huntington is working on the Rolite process.. State University ofN.Y. on Long Island held a seminar on Rolite...Malcolm Pirney engineer also attended and Encon was invited and the Regional Director of Encon was present and also a representative from Albany the Regional Director from Long Island, the seminary lasted four to five hours...data was presented showing that this is a innoxious product that will not leach, but ENCON has never looked at it, and has been unwilling to look at it, this was an attempt to have them look at it. Councilman Monahan-asked the Attorney to find out who paid Camp, Dressor and McGee's fee and also Malcolm Pirney fee... DISCUSSION TOWN CONTRACTS Attorney Dusek-Noted there is a meeting set up with the other Towns Attorneys for Thursday ...asked for clarification C&D waste what is the charge.... Supervisor Brandt-$9.00 per yd. Attorney Dusek-Is there any surcharge? Councilman Caimano- No. Attorney Dusek - I should modify the contract to reflect that. DISCUSSION PETITION FOR CHANGE OF ZONE Attorney Dusek -We have a number of petitions for change of zone that the Planning Board has acted on and they are now ready to start the next process.. Mr. Martin-Read a list of proposed zoning changes... 14, dating back to 1989... The Town Board agreed to have Mr. Martin's dept., do a review of the petitions and present it to the Town Board... Councilman Caimano-requested that the dead line date for the petition review be by March 22nd. DISCUSSION SUBDIVISION Mr. Martin-I presented the Town Board with draft applicant packets for each of the three stages of subdivisions: tried to draft from the approach of reducing less paper that would have to be submitted, and trying to show more information on the plat.....also provide as much written description as we could to the applicant of what we are looking for, to assist them as much as we can and try and allow an applicant to prepare these on his own with some assistance from the Planning Dept. ... requested the Board's Opinion... Supervisor Brandt-Asked for some developers comments: they like them very much, did request the following, at sketch plan stage that you request they bring a recent map of the property at least a tax map...second, at the end of the process there should be a little description of the process of how to dedicate a road... DISCUSSION TRANSCRIBERS Town Clerk-spoke the Board regarding the transcribers in the Town Clerk's Office...noted that have all broken down, have requested that four new units be purchased, the price under Federal Contract will be $6,161.20 RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 163, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Whereas, the Town Board of the Town of Queensbury is desirous of arranging for a transfer of funds from the contingency account of the general fund, contingent account number being 1-1990-4400 to general misc. equipment account general fund number 1-1620-2001 for the purpose of arranging for the financing of an equipment purchase of transcribers NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the transfer set forth in the preambles of this resolution, in the amount of $6,161.20. Duly adopted this 1st. day of March, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF EQUIPMENT RESOLUTION NO. 164, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Clerk has advised the Town Board that she has obtained a quote for transcribers from the Voice Technologies Inc. which is offering transcribers on a Federal Contract Number GSOOF 10411 to purchase four Sony BM -146 conference recordersltranscribers at a cost of $2,249.00 each less a trade in allowance for three MB-147 at $795.00 each less a 5% discount for a total price of $6,161.20 NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the purchase described in the preambles of this resolution in an amount not to exceed $6,161.20 to be paid for from the Misc. contractual account number 1-1620-2001. Duly adopted this 1st. day of March, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION EASEMENTS Councilman Goetz-In February Mike Shaw sent in a memo asking about the easement procedures to do with the sewer extensions, have you had a chance to look at that? Attorney Dusek - I recall getting a memo back a while ago and I sent to Mike copies of easements that we had previously use or were working on in connection with the Pizza Hut, Long John Silver's that he had commented on as well and I indicated to him that would be what I would propose as a form easement for the sewer. DISCUSSION ETHICS LAW Attorney Dusek-re: making a change in accounts receivable.. has the Board reviewed this... Consensus of the Board that they agreed with the change... requested that the Town Attorney prepare a local law amending the the Ethic law... DISCUSSION MAPPING Mr. James Martin-Update: The County is due to sign their contract with the new digitizer in two weeks and work will commence a month thereafter, we are first to be done and should be finished by the middle of the summer. DISCUSSION RED LOBSTER Supervisor Brandt-If we polled ourselves tonight and said are we going to give Mr. Wood rezoning according to his application I am not in favor of that because we have a traffic problem and since it has to have a four to one vote to pass it I am guessing that it would not pass. I remember hearing in the process and all the discussions that we heard I think it was Mr. Schactner that pointed out that more properly this application he felt should go to the Zoning Board of Appeals. I think if that were to happen and if the Zoning Board of Appeals saw in their wisdom to grant Red Lobster its wishes at that site we would have lost a golden opportunity to solve the traffic problems, I am going to suggest that we look at this on a larger scale and look at how we can solve the traffic problem and with that in mind we have been talking between us. We have took the USGS sheet and enlarged it so that it is big enough to look at that whole area....requested Jim Martin to describe the plan... Mr. Martin-described a proposed new roadway (map on file) that would go from Greenway North and meet up with Aviation Road...eliminating a portion of Old Aviation Road and all of Birch Lane...This is looking into the future...The plan also increases the number oflanes on the entrance of Greenway No. .. We are eliminating a curb cut at Warren Tires, Birch Lane ...servicing those on the new road...ifthis is a long term plan is to then show an actual suggested subdivision ofland for this area....we are saying as a condition of a zone change that if a developer comes in and wants to take advantage of the new zoning that when they come in with their plan they have to consider this first, this is what the Town has looked at, (using map) if you were to develop this area then you should accommodate this section of the road on your plan. So as this develops then it follows a pre-determined concept. ... if the petition for zone change is denied then the applicant is free to go to a variance if the variance was given on this property as it stands today zoned single family residential there will be no site plan review, they will get their variance, if they get their variance they can build. If rezoned to commercial property then you have site plan review. Attorney Dusek-When you get a variance, a variance does not change the zone, the only way you get site plan review is if you are in the zones that call for it. Councilman Monahan-Maybe we should change site plan review by use. Attorney Dusek-There are ways of addressing it and my understand is that is has been in the past addressed in this fashion, that the zoning board under law does have the right to steer it to the planning board for a report. Councilman Monahan-I think we should do something about those regulations and it should be according to use that you have to go to site plan rather than your zone. Mr. Martin-I would like to see this go out to a landscape architect or engineer who has design background... Mr. Kenney-Suggested that the entrance to the Northway Plaza be moved 200' south.... Mr. Martin-I would like to have an opportunity to speak to the neighborhood out these concepts... Supervisor Brandt -spoke to the Board regarding tying in of a proposed exit from Aviation Mall behind Paper Cutter or Foster Avenue to Route 9...requested that, that be part of the design concept...noted that we will have to go for State funding and tie this together and get community input... Councilman Caimano-Noted that the area under the new proposed road, it is our intent to cause that to be zoned in such a way that the people who live there now will have ready access to get rid of their property, sell their property, what ever they are going to do into a zone which is more amenable to them and to everybody else. Mr. Martin-Noted some communities have plans already developed and that is built right into the petition for zone change that when this occurs and somebody wants to subdivide it in here this is part of the approval... Councilman Monahan-Who is the owner of Old Aviation Road? Supervisor Brandt-The Town. Mr. Martin-Noted that he will develop a scope of services and bring it to the Board in a draft form .. Supervisor Brandt-Noted that DOT had been notified of the possibility of widening of Greenway No. Entrance...they are going out for proposals on the bridge... Councilman Tucker-We would like to get the financial reports from the Fire Companies and emergency squads by May Ist....requested that the Supervisor's Office notify the Fire and Emergency Squads.... OPEN FORUM Mr. John Salvadore-RE: Last weeks meeting: Hudson Pointe- Nick you made the comment in an effort to justify in your own mind the requirement for the Environmental Review you made the comment that you did not want to make the same mistakes that we made at Lake George and you referenced myself being in present and being in business there, I would like to know what mistakes that you are referring to and who is we. Councilman Caimano- W e is the generic we of all of us and the mistakes that I refer to and they are from me personally is overdevelopment without looking at what that overdevelopment might do to the Lake. We still any of us knows what the development along the shores of the Lake is doing to the Lake in terms of effluent that is going into the Lake we do not know if it is hurting it but we do not know if it is not hurting it. I think I mentioned Lake George and Glen Lake, Glen Lake is the same situation, Glen Lake and we have built and I see Dave over here, we have built the million dollar half mile without regard to the fact that in some cases some of those parking lots drain directly into drainage areas that go directly to Glen Lake. So, I all I was making a point of very dramatically I guess was in terms of this pristine time, this time we are taking the first step in a pristine area if you will we ought to ask those questions now instead later on. We should not wait until twenty thirty six to say are the developments along the Hudson River draining effluent unnecessarily into the Hudson River as we are sometimes today with Lake George. And we did not mean and I hope you did not take that as a juxtaposition of you and your business and we because it was not meant to be that way at all, I was just using you I see you as a Lake Georger up there a man who has a very thriving business and who has a lot of, a lot to loose up there if it goes bad. Mr. Salvadore-It is a common perception that mistakes have been made but we have not been able to identify them. Spoke to the Town Board regarding departments getting verbal quotations, noted that this day and age of fax machines that is not necessary... Attorney Dusek-That is something the Town Board will have to review ... Mr. Salvadore-Re: Town Board Meeting of July 1992...Resolution regarding Warren County Sewer Dist....Draft Resolution different than what was passed....questioned why...Resolution : Resolved to make the recommendation that the Warren County Sewer project exclude North Queensbury Sewer System as proposed and be modified to incorporate any of the following: upgrade of individual sewer system when failure occurs, construction of neighborhood systems to server specific problem areas or pumping sewage out of the basin to the Glens Falls Sewage Treatment Plant...the one that's passed leaves out all of the modified to incorporate the following... Supervisor Brandt-It is my understanding that the other ones; upgrading individual systems are an option under the county plan and can be addressed at that time under the existing county sewer dist. Mr. Salvadore-Asked at a County DPW Committee Meeting about the EIS that is coming out and I did not get the impression that No. Qsby. is in it for anything. Supervisor Brandt-The current one as I understand it was to not exclude No. Qsby. from the Dist. but to exclude that Pickle Hill plant and that whole agenda and to leave it open to the future of whatever is open specifically these other ideas however under the current mode they would not address North Queensbury yet, it would first take care of Bolton and Hague or the other Towns that were trying to do something through it with the amount of funding that was available and the programs that are now available. This whole thing has to be revisited in the future as to what other options are available in North Queensbury. Mr. Salvadore-There is a million dollars made available to this area through a DEC grant to do the study work and we are not getting a penny's worth of benefit from it in North Qsby. Questioned if when the time comes will we have to pay for it? Why don't we hang in there and get something for our money...we ought to get the benefit of that study out of this project... Supervisor Brandt -You are really addressing the wrong Board, I am only one of four...I wish you would talk to them... Mr. Salvadore-Discussed the Clough Harbor proposals..discussed permitting process... Supervisor Brandt-Noted that when the EIS comes out we will sit down and talk about your comments... Councilman Monahan-It is up to the Supervisors to state that the EIS does not respond to the request for proposals... Supervisor Brandt-All the Supervisor's on the County Board. Mr. Salvadore-Reviewed Supervisor Walter's attempts...record of decisions from the Environmental Protection Agency...(l984) ... We have got to do something, or we are going to be forced into the big inch pipe if we have to go with the Park Commission wastewater regs... Supervisor Brandt-I do not think that the Park Commission is going to force No. Qsby. into a big pipe, we might force the Park Commission into the big pipe first if it gets right down to it. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 165, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Audit of Bills as appears on the Abstract dated March 1, 1993 and numbered 93043700 through 93083900 and totaling $1,716,639.24 be and hereby is approved. Duly adopted this 1st. day of March, 1993 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Councilman Caimano on vendor 00127 Councilman Monahan on vendor 00453 Town Board requested that the bill for Technical Building be held for explanation and upon satisfactory explanation the bill will be paid and Hudson Environmental be adjusted to reflect that the bill was paid promptly and a discount will be taken... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 166, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board hereby moves into Executive Session to discuss two matters of litigation, personnel and Attorney Client privileged. Duly adopted this 1st. day of March, 1993 by the following vote: ALL THOSE IN FAVOR: AYES NOES: NONE ABSENT: NONE On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury