1993-07-19
TOWN BOARD MEETING
JULY 19, 1993
7:00 p.m.
MTG. #53
RES. 405-411
BOR. 27-29
TOWN BOARD MEMBERS PRESENT
Supervisor Michel Brandt
Councilman Betty Monahan
Councilman Susan Goetz
Councilman Nick Caimano
Councilman Pliney Tucker
Attorney Paul Dusek
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN SUSAN GOETZ
RESOLUTION CALLING FOR BOARD OF HEALTH
RESOLUTION NO. 27, 93
INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board
of Health.
Duly adopted this 19th day of July, 1993 by the following vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES: None
ABSENT: None
RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES
FROM THE SANITARY SEW AGE DISPOSAL ORDINANCE FOR
MICHAEL AND BARBARA ANN MULDERRY
RESOLUTION NO.: 28,93
INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local
Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of
Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and
WHEREAS, Michael and Barbara Ann Mulderry have applied to the Local Board of Health of the
Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage
Disposal Ordinance set forth in Chapter 136, Appendix A, such standards providing as follows:
APPENDIX A
TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES
TO STREAM
WELL OR LAKE OR
WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE
SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS.
Septic Tank
10' 10'
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on August 2, 1993, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to
persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to
consider the application for the variance of Michael and Barbara Ann Mulderry to place the septic tank 2'
from the property line and 7' from the dwelling, rather than placing them at the mandated 10' distances, on
property situated at the end of Cleverdale Road (east side), Town of Queensbury, New York, and bearing
Tax Map No.: Section 14, Block 2, Lot 5, 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 19th day of July, 1993, by the following vote:
AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES None
ABSENT: None
RESOLUTION ADJOURNING FROM BOARD OF HEALTH
RESOLUTION NO. 29, 93
INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board
of Health and moves back into Regular Session.
Duly adopted this 19th day of July, 1993 by the following vote:
AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES: None
ABSENT: None
RESOLUTIONS
DISCUSSION HELD REGARDING SHORT ENVIRONMENTAL ASSESSMENT FORM FOR
GENEVA DRIVE
Supervisor Brandt-Requested that Mr. James Martin lead the Board through the SEQRA process...
Mr. James Martin-Part II A. Does project exceed any type I threshold in 6 NYCRR Part 617.712? NO B.
Will Action receive coordinated review as provided for unlisted actions in 6 NYCRR Part 617.6? NO C.
Could action result in any adverse effects associated with the following: Cl. Existing air quality, surface or
groundwater quality or quantity noise levels, existing traffic patterns, solid waste production or disposal
potential for erosion, drainage or flooding problems? NO C2. Aesthetic, agricultural, archaeological,
historic or other natural or cultural resources, or community or neighborhood character? NO C3.
Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered
species? NO C4. A community's existing plans or goals as officially adopted, or a change in use or
intensity of use of land or other natural resources? NO C5. Growth, subsequent development, or related
activities likely to be induced by the proposed action? NO C6. Long term, short term, cumulative or other
effects not identified in CI-C5? NO C7. Other impacts NO D. Is there, or is there likely to be
controversy related to potential adverse environmental impacts? NO.
Attorney Dusek-The forms require the reasons for supporting the Negative Declaration that you just gave
on the bottom form and if you wanted to you could add just to that resolution that you authorized the Town
Clerk to insert language reading as follows: The Town Board reviewed the Short ElF and found no adverse
impacts, the Town Board notes that the road is in an approved subdivision which was previously reviewed
and approved by the Planning Board.
(Councilman Caimano and Councilman Goetz accepted the above change)
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE
OF GENEVA DRIVE ROAD DEDICATION
RESOLUTION NO.: 405, 93
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Geneva
Drive, offered for dedication by Charles Diehl, and
WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency
with respect to compliance with SEQRA which required environmental review of certain actions
undertaken by local governments, and
WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the
State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, after considering the action
proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in
Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns,
determines that the action will not have a significant effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed
responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute
Part III of the said Environmental Assessment Form and to check the box thereon indicating that the
proposed action will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is
hereby authorized and directed to file the same in accordance with the provisions of the general regulations
of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to insert language (Page 2 Negative
Declaration) reading as follows: that the Town Board reviewed the short EAF and found no adverse
impacts. The Town Board notes that the road is in an approved subdivision which was previously reviewed
and approved by the Planning Board.
Duly adopted this 19th day of July, 1993, by the following vote:
AYES
NOES None
ABSENT None
RESOLUTION ACCEPTING DEDICATION OF
GENEVA DRIVE
RESOLUTION NO. 406, 93
INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, Mr. Charles A. Diehl has offered a deed to dedicate to the Town of Queensbury,
Geneva Drive, which is more particularly described in the survey map presented at this meeting and the
original deed being presented to this meeting, and
WHEREAS, Paul R. Naylor, Superintendent of Highways of the Town of Queensbury has advised
that he has inspected said road proposed to be dedicated to the Town of Queensbury and to the best of his
knowledge, it meets with Town specifications and his approval, and
WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has
advised that he has made an inspection of water mains and appurtenances along said road proposed for
dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury
Water Department, and that said installation is approved, and
WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed
and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury has considered the environmental
effects of the proposed action by previous resolution and issued a Negative Declaration pursuant to the
State Environmental Quality Review Act,
NOW, THEREFORE, BE IT
RESOLVED, that the aforementioned deed for dedication of the said road be and the same is
hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the
Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is
hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after
which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of
Queensbury, and
BE IT FURTHER,
RESOLVED, that the road be hereby added to the official inventory of Town Highways, to be
described as follows:
Road Number: 492
Description:
Name:
Geneva Drive
Feet:
Duly adopted this 19th day of July, 1993, by the following vote:
AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt
NOES None
ABSENT: None
RESOLUTION TO AMEND 1993 BUDGET
RESOLUTION NO.: 407, 93
INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and
WHEREAS, said requests have been approved by the Chief Fiscal Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the funds be transferred as follows, for the 1993 budget:
TAX RECEIVER:
FROM:
TO:
AMOUNT:
001-1330-4010
(Office Supplies)
001-1330-4120
$ 53.00
(Printing)
and
BE IT FURTHER,
RESOLVED, that the 1993 Town Budget is hereby amended accordingly.
Duly adopted this 19th day of July, 1993, by the following vote:
AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES : None
ABSENT: None
RESOLUTION TO APPOINT MEMBERS TO THE BEAUTIFICATION COMMITTEE
RESOLUTION NO.: 408, 93
INTRODUCED BY: Unanimously WHO MOVED FOR ITS ADOPTION
WHEREAS, the Town of Queensbury has previously established the Beautification Committee,
and
WHEREAS, there are two vacancies on the Beautification Committee, and
WHEREAS, the Town Board desires to appoint Patricia Carpenter, RD #2, Twin Mountain Drive,
Queensbury and Mary Ellen Reese of Lake Sunnyside Road, Queensbury to fill these vacancies,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Patricia Carpenter
and Mary Ellen Reese to the Beautification Committee.
Duly adopted this 19th day of July, 1993, by the following vote:
AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES None
ABSENT: None
RESOLUTION APPOINTING MEMBERS TO
GLENS FALLS URBAN AREA TRANSPORTATION COUNCIL AND
ITS TECHNICAL ADVISORY COMMITTEE
RESOLUTION NO.: 409, 93
INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, there has been established a Glens Falls Urban Area Transportation Council, and the
Town Supervisor has advised that it is necessary to formally designate members and alternates to both the
Transportation Council and its Technical Advisory Committee,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints one delegate and
one alternate, representing the Town of Queensbury, as follows:
ORGANIZATION/GROUP
DELEGATE
ALTERNATE
Glens Falls Urban Area
Transportation Council
Michel R. Brandt
Town Supervisor
Pliney W.
Deputy
Tucker
Supervisor
Transportation Council James M. Martin Michel R.
TECHNICAL ADVISORY COMM. Executive Director Town
Supervisor.
Brandt
Duly adopted this 19th day of July, 1993, by the following vote:
AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt
NOES None
ABSENT: None
Discussion held before vote: Councilman Monahan-The technical advisory committee, is that the
committee that Paul Naylor has been serving on for the last eight to ten years? Supervisor Brandt-Paul
dropped out of if and Lee York went in on it and Jim Martin really took that over in a more active role. I
think it makes sense, certainly Paul Naylor wants to be involved, any input he wants is accepted and we
certainly would listen to everything he has to advise us, but so far he has told me early in the administration
that he felt it was not a good use of his time. Mr. Martin-He has indicated that to me several times.
RESOLUTION REQUESTING WIDENING OF AVIATION ROAD BRIDGE
RESOLUTION NO. 410, 93
INTRODUCED BY: THE ENTIRE TOWN BOARD
WHO MOVED ITS ADOPTION
WHEREAS, the Town Board of the Town of Queensbury is desirous of maintaining efficient and
safe movement of vehicles, bicycles, and pedestrian traffic throughout the Town of Queensbury, and
WHEREAS, the Aviation Road Bridge over Interstate Route 87 (The Northway), due to its
narrow, two-lane width, is the cause of numerous delays in traffic and the direct cause of heavy traffic
congestion and safety concerns, and
WHEREAS, it is the perception of the Town Board that the traffic problems (i.e., delays,
congestion, safety concerns) caused by this bridge are unparalleled by any other single transportation
element within the entire region,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury emphatically and unanimously
request that the New York State Department of Transportation and the Glens Falls Transportation Council
undertake immediately, the necessary steps to widen the Aviation Road Bridge and thereby provide for the
safe and efficient movement of vehicles, bicycles, and pedestrian traffic across the bridge.
Duly adopted this 19th day of July, 1993, by the following vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker,
Mr. Brandt
NOES: None
ABSENT: None
Discussion held after vote: Councilman Monahan requested that it be sent to the Assembly, Stafford,
County, to Steffens anybody you can think of...
DISCUSSIONS
A. Painting of Blazer-Mr. Martin noted that there is nothing in the budget regarding the painting of the
vehicle...three estimates for repainting, I support the painting of the vehicle to replace the blazer if we let it
go it would continue to deteriorate, to replace it, would be in the neighborhood of$15,000...we can save it
and get a considerable amount of use out of it. Councilman Caimano-How old is it? Mr. Martin-1988
Supervisor Brandt-Questioned the mileage on it... Mr. Martin-60,000+ we just put $1200 in repairs on the
vehicle...the painting estimates are a low of $950. second at $1127. and a third at $1533. recommended
the low bid of$950. Councilman Monahan-Do the bids cover the same thing? Mr. Martin-Yes.
It was the decision of the Town Board to have the vehicle painted and it was requested that a transfer of
funds from the contingency to the vehicle repair account be made at the next meeting...
OPEN FORUM
Councilman Goetz-Noted that Mr. Laake Cost Control Associates will be at the Board Meeting on July
26th at 6:30 P.M.
LETTER READ INTO THE RECORD
Queensbury Town Board
Queensbury Town Hall
Queensbury, New York 12804
Dear Board Members:
I am on the professionals standards hearing panel of the Warren County Board of Realtors. We are a
citizens board, not a legislative body appointed by our peers. Our panel has a lawyer to advise us and keep
us on track, and a stenographer to record the minutes. Our judgements are based on what is in the law, and
all our decisions must be supported by detail and fact. Personal opinion is never a consideration in any
judgement, and during an extensive orientation we are taught the difference between personal opinion and
what the law actually says. Every member takes their position seriously and if they don't, they are
dismissed. I understand most Town Planning Boards function much this way.
Recently I have appeared several times before the Queensbury Planning Board and have witnessed first
hand members of the board that are not representing the towns written and approved building, zoning and
planning codes. (minutes enclosed) They seem to have difficulty distinguishing between personal opinion
and what the ordinance actually says. It appears these well meaning individuals do not have a clear
understanding of their roles as a planning board member and what is required of them.
Craig MacEwan, Corinne Tarana, and Roger Ruel have used their appointed board positions and voting
power to vote against projects based on personal opinion. (this is clear in the meeting minutes). It is my
understanding that in order to turn down an applicant, there must be legitimate reasons that can be
supported by the ordinance in detail. The planning board is not a legislative body and has no authority to
do anything except what the ordinance says.
An applicant should only be turned down if they are breaking town laws or not in compliance with the
Queensbury Town Code. Personal opinion is not a reason or consideration for denial.
If these members are allowed to continue to sit on this board, we have the potential for arbitrary rule-
making, unreasonable delays in development and added costs for the tax payer that will eventually obstruct
the process. This will not benefit the town or its citizens.
I am requesting the Town Board relieve these members of their positions and appoint citizens that will
oversee the enforcement of the master plan and the ordinances as written and not allow personal opinion
cloud their judgement.
Thank you for your attention on this matter. If you have any questions concerning my request, don't
hesitate to call me.
Sincerely,
Isl
Ron & Mary Sue Raynor
(note that letter states that minutes were included they were not given to the Town Clerk)
LETTER READ INTO RECORD
Supervisor & Town Board Members
Town of Queensbury
Bay Road
Queensbury, N.Y. 12804
July 19, 1993
Dear Supervisor & Board Members:
I am writing this letter in response to the letter written by Mr. & Mrs. Raynor requesting my removal from
the Planning Board, along with two other members.
First, and foremost, it is important to fully understand the circumstances surrounding my vote on this
project.
Approximately 1 1/2 years ago, the Raynors were given approval of their sub-division with the condition
that lands abutting this sub-division along the road were to be conveyed to adjoining lot owners.
The Raynors were never able to work out any conveyance agreement with the adjoining land owners. This
is what brought them back in front of our board, to resolve this issue and finalize the sub-division plat.
On two more occasions, the board requested the Raynors get together and resolve this issue with the
neighbors. On both occasions, the Raynors reappeared with no solution worked out.
At the meeting in question, we were advised by the Town attorney to three possible solutions to this issue.
First, our board could have redrawn lot lines creating flag shape nonconforming lots, thus avoiding any
abutting lots. Secondly, we could have rescinded the entire sub-division and make the applicant start the
process all over again. And thirdly, we could leave things as they were with the stipulation that the
applicant resolve this dilemma they created, once and for all.
Taking all options into account, I felt in my mind the best solution was to leave the sub-division as it was,
ensuring that the Raynors would live up to their agreement with our board by conveying those strips of land
as originally approved by our board.
I hope that my letter clarifies the situation as it was presented. Should any of you have any questions or
require further comment, please don't hesitate to call me.
Sincerely,
Isl
Craig E. MacEwan
Vice Chairman
Qsby Planning Board
Discussion held-Supervisor Brandt-I do not feel it is appropriate to take an action from my view point
based on what I read here against any member of the Planning Board, I do not want to be involved in that.
Councilman Goetz-Requested that the Town Attorney review process for removal of a Planning Board
Member...Attorney Dusek-If you want to remove a member of the Planning Board you must hold a public
hearing and you must find that there is cause to remove the members you cannot just remove them by
resolution. In order to find cause typically the courts have looked at things like gross negligence,
maleficence, breaking laws and basically it is set up so you can get rid of people who are not doing the
public any good in the position it is not meant however to penalize Board Members who make a mistake in
judgement or do things that maybe do not reach the levels that would cause somebody to be thrown out of
office for cause. Councilman Caimano-...what is needed is some training and there was going to be a
workshop, questioned if the workshop has been set up? Mr. Martin-No, we have not as of yet. Councilman
Caimano-Maybe the three people involved simply do not understand it can get personal but they have to
stick to the ordinance and the rules and regulations that this Board is the legislative board and if they have
problems they should bring it to this board, maybe it is an education process and I would suggest that if that
is the case we ought to get on it as quickly as possible. Mr. Martin-The point of discussion on this matter
should be focused on where lies the solution and not necessarily any sort of action, this is my opinion,
having served on that Board it is a very difficult position to hold and I think 80% of the cases that come
through are of a relatively easy nature, it is the 20% that really require you to be skillful in your review. I
think we have people on that Board that want to do a good job and if they are showed how to, they want to
learn, they take part in the conferences that come up and things like that. I would suggest and again I want
to have the workshops we have just had an inordinate amount of business before them, they are having
workshops now for the project alone, let alone discussing functions of Planning Boards, I think that is
where the answer lies. Councilman Caimano-But, Jim, if in fact we are making errors, like the Board
members are making errors, then regardless of the amount of work that is before it that comes first because
if the people who are going to make those judgements are not capable of making those judgements because
they are making errors then what good is all that work? There was a major error made here for example
when one of the Board members rightfully so said, I was not here for the first part of the discussion, I was
not on the Board then, so I am not going to take part in this discussion and refused to take part in the
discussion, it came time for a vote however and he voted no. That defies logic, you cannot abstain from the
discussion because you were not a part of the discussion and then when it comes time to vote, vote either
way. So, all I am saying is maybe it is an educational process and it doesn't do any good to argue that we
have so much work because maybe the work is being done poorly because the people are not being
educated. Councilman Monahan-Jim, I also would suggest that with training, and this is something that I
have noticed for years before I ever got on any boards when I served as an observer of these boards and
that is one thing that we picked up very quickly that they were not trained and I think any of us that have
been privileged to go to the Association of Towns and attend some of the workshops that the State
Planning Office puts on, is very much aware of how valuable they can be and I would suggest to you with
training your workshops on projects might go much more quickly because people know the ramifications of
what they are doing, therefore, I think it would be time well spent and in the long run it would probably
mean less time that they would be spending in meetings. I do think that ought to be high priority and I
realize it is hard to start something during the summer, but I think in September that should be a top priority
to get some training in. I would also suggest that you get some outside people in, the trouble with training
in house it perpetuates one line of thought and one view point. Mr. Martin- I am hopeful that I will get
Dick Booths, up here....Councilman Tucker-Were you involved in this thing from the get go? Mr. Martin-
Yes. Councilman Tucker-Why over a period of a year and a half the Raynors couldn't solve this problem
what was the reason? Mr. Martin-In the initial review of it and this was ma feeling I thought the mistake
was made originally when there was a previous subdivision that created these ten foot lots back in 79 I
believe it was and that is where the problem started. When we initially looked at it we recognized it as an
issue among property owners and that is why it was left that the ten foot strips were to be conveyed to the
neighboring property owners and we did not want to get involved with that, it was not our place, so we just
left it at that. As it turns out, over the course of many decisions apparently between the property owners
they just could not come to a resolution an acceptable conveyance or terms of conveyance and the approval
was flawed in that it had not been followed through the plat which was filed with the County indicated that
the land was to be conveyed and without that conveyance it was technically in violation, that is why it had
to come back. The intention was good in the beginning to convey these ten foot strips and let the people
get on with the effective use of their property it just could not be worked out, they just could not come to an
agreement. Councilman Monahan-How could a subdivision ever have been approved in the first place with
ten foot lots, did they conform, those ten foot lots were long enough with the zoning at that time? Mr.
Martin-Yes, because they were associated with larger, a larger portion of a parcel that they were in
compliance technically...Councilman Monahan-I have a problem with the Planning Board sometimes the
Zoning Board things are approved with conditions, to my mind the conditions should be met first before
you do the approvals because you are doing the process backwards and it always creates problems...that is a
message that should go out to these boards. Mr. Martin-I think the conditional approvals have gone down
over the last several months and any conditions that are, are very minor in nature and no plats are now
signed by the Chairman until all the conditions are met. That is the actual, technically that represents the
final approval, his signature on that plat even though you have a resolution of approval until that is met it is
not approved. Councilman Tucker-Over a period of a year and a half this thing has come in front of you
guys quite a bit and I just like to make the statement I would have got frustrated and asked, made some
personal comments myself on a situation like this. I think these people on the Planning Board, Zoning
Board or any of these boards are doing a terrific job and we have people who get frustrated and like to use
government to settle their arguments and I think that is one of the cases right here, I think these people
should be commended not chastised for what they do. Mr. Martin-We will get ready for a workshop
seSSIOn.. .
Supervisor Brandt-Noted he received a letter from Mr. David Wilcox regarding the naming of streets on
Assembly Point...turned the letter over to the Town Clerk for review...reviewed the new 911 numbering of
houses in the Town of Queensbury...
OPEN FORUM
Mrs. Barbara Bennett-Re: renumbering of Queensbury, noted the problems she had last time numbering
was done.
Mr. John Salvadore-Questioned how the number will change?
Supervisor Brandt -Reviewed the 911 proposal, noting that the roads were measured in 50' increments and
numbers were inserted every 50'...noted it will be tied into NY Telephone for more efficient emergency
servIce.
Mr. Salvadore-Noted his concern was that he has a Lake George address, does not want to change to
Queensbury.
Supervisor Brandt-This 12804 only...at this time...
Mr. Salvadore-Noted article in Post Star - Residents take tourist in stride - form of negative press-
concerned over the police protection in the area... re: County Board Meeting Supervisor Brandt talked
about problems of the landfill, what is the purpose of the public hearings? Concerned about the landfill,
Queensbury visa vie Warren County, we were used by this County to move the solid waste program in the
direction it is in today, without Queensbury's agreement, without our landfill used as the consolidated
county landfill that trash plant concept that idea could never have moved to where it is today and we are
paying for it and we are going to pay dearly in this town, I think we have some claims against Warren
County. Noted all the landfill issues, none subject to a SEQRA Review. It is a SEQRA scam, we are
sitting here with the water testing that DEC did and we have no ground water problem at the landfill.
Supervisor Brandt-I am one of the people that asked for a public hearing and slow this process down and
not pass that resolution, my feeling is that I want the public's input for one reason, we are representing
20,000 people in this town and there is apt to be people out there who knows a lot more about this than I
dO...we want their ideas.
Councilman Monahan-Are copies of this agreement going to be made available for the public to read?
Supervisor Brandt-Noted they are trying for August 3rd. for a hearing...copies available in the Supervisor's
and Town Clerk's Office
Mr. Salvadore-That agreement delays the issues between the County and the developer, I am concerned
about agreements that this Town has with the County with regard to landfill closure, with regard to flow
control, that is where I think we have been used, it is going to cost us it is not over with.
Supervisor Brandt-I want to look at it in the overall not just the modification of the agreement...I feel that
the State was a player here in a major way in causing the towns to close their landfill and forcing them to
close it and at the same time the burn plant was being built and I think they bear some responsibility for the
problems.
Mr. Salvadore-I do not think the towns had to knuckle under in the absence of an environmental review.
Councilman Monahan-You wonder why DEC came down so hard in region five compared to other areas of
the State that is what stands right out.
Mr. DeMars-Questioned the status of the community home locations, such as Arberger Drive...
Supervisor Brandt-I have not heard anything new on it.
Councilman Goetz-Noted she had been at a meeting last week of the committee, there is a home proposed
for Ward II on Sweet Road...suggested that Mr. DeMars contact Mr. McNulty regarding Arberger Drive
area...
Mr. DeMars-Due to the death of one of their clients at Haviland Cove, I think you should look at the
Arberger Drive house in relation to the river...1 think you should relook at it and address it to that
committee. ...1 feel that they are not addressing the problem and that the committee members should
readdress it.
Mr. L. Paul Daigle-Resident of Queensbury. Noted he was running for Highway Supt. people have
questioned what is going on with Mr. Naylor's sandbox, referring to the area on Peggy Ann Road, again
where the engineering went or the planning or whatever. Last fall we got in there and started digging up
hauling sand to Glens Falls we left a piece of equipment valued somewhere between 70 to 80 thousand
dollars there all winter long and other vehicle until this sununer, once he came here looking for to get a
sand screen and you four turned it down then next morning the piece of equipment was taken out of there
and brought back to where the equipment should have been last fall it should have not been sitting there all
winter to corrode and be vandalized and etc. Go down the road you see these quote Mr. Naylor's CB's that
is not sports wear, it refers to, it refers to the catch basins, well, most of them that I seen with the
background that I have in construction field and highway and sanitary storm sewers, storm sewers and
sanitary sewers I call them PCB's Political Catch Basins, they are sitting there with a piece of galvanized
pipe two foot in diameter straight, vertically in the ground with no where to divert the water, but there is a
CB Cover on top of it that looks good. You get a down pour like we got this afternoon anything worse we
got flooding allover the place. This is our tax money going out, but then turn around won't be allowed to
buy a screen the next day we get all kinds of conglomeration of rusted piece of metal an attempt to build
one, which I personally see. I do not know what is going on but I know from the complaints that I have
been getting I can well speak this way of the Highway Dept. of this town where it is going.
Supervisor Brandt-I can tell you a little bit about the Peggy Ann Road project, last summer there was a
design for a relocation of that road after a lot of complaints and work got started on that, the Town Board
did not review it, Mr. Naylor started it with his crews we were recipients of the design and I looked at and
it seemed like it made sense to me as one person. As the fall went on I had a member of the Highway Crew
come to me and say that, are you aware that there could be problems over there potentially with PCB's and
I said I was not. I contacted the Attorney, we contacted DEe. DEC said it is possible and the best thing we
can do is not disturb that old road bed because if you do and you do find PCB's then you could have a
problem right now best leave them as they are and they had recommended years ago to the town that we
never excavate on that road but rather fill over it and blacktop over it and never excavate. We went back
and revisited the whole plan with the engineer and designer and realizing we ought to make a different plan
for it, we asked the surveyor to help us generate a new plan and that only came in this week. I just got a set
of the plans myself and I have not had a chance to go out there, we need to go out and he needs to stake out
something and show us exactly how an intersection will be made and it is a total change in design and so
we need to look at that and we may in fact have to haul some fill back that we have hauled out which is too
bad, but certainly I did not know there was a possibility of PCB's on that road and Mr. Naylor says he did
not know. I do not know what to do but react and do it in a way so it does not create a liability for the
Town.
Mr. Daigle-Fine, I was just curious and I understand, go for the planning after we get into the field and start
digging and playing in the sand and bring the sand to Glens Falls now we will pay to bring the sand back, it
really makes a lot of sense to me. Thank you anyway.
RESOLUTION CALLING EXECUTIVE SESSION
RESOLUTION NO. 411, 93
INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
RESOLVED, that the Town Board hereby moves into Executive Session to discuss three personnel matters.
Duly adopted this 19th day of July, 1993 by the following vote:
AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES: None
ABSENT: None
On motion the meeting was adjourned.
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury