Loading...
1993-09-27 REGULAR TOWN BOARD MEETING SEPTEMBER 27,1993 7:00 P.M. MTG#69 RES#538-560 BH 33-35 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Jim Martin, Dave Hatin PRESS Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER PRESENTATION MAKE A WISH FOUNDATION Dyzie Marcinkevicius-Representing Make A Wish Foundation. Thanked the Town Board for the sponsorship of the balloon and for giving the ride to Bill Bell one of the Make A Wish children. Supervisor Brandt-Thanked Mrs. Marcinkevicius for identifying someone who could make use of it. PUBLIC HEARINGS MOBILE HOME - DOUGLAS E. COONS OPENED 7:03 P.M. NOTICE SHOWN Joan Coons-I'm Douglas Coons mother, he had to work tonight. Supervisor Brandt -Sit right down make yourself at home. I'm not familiar at all it's on Moon Hill Road. Mrs. Coons-The property is existing on Moon Hill Road. As I said, there was a trailer there about three, four years ago. There hasn't been anything there since then. He has the plans and has hopefully ordered a new double-wide mobile home. I did bring the plans if anyone wanted to see them. Supervisor Brandt-Are there any questions from the Board? Is there anyone from the public that came to speak on this application? Councilman Goetz-Dave are you familiar with the project? Mr. Hatin-We were just discussing it he might be able to clarify this. We we're under the understanding is was a replacement of an existing mobile home. When he came into the office he told us it was replacement of an existing.... Mrs. Coons-Maybe you misunderstood him because the home hasn't been.... Mr Hatin-That's what we both understood. Mrs. Coons-Jim lives around the corner. Executive Director, Mr. Martin-I thought it was a case that it was gone several months. Mrs. Coons-It's been about three years. Mr. Hatin-I remember we asked that question twice. They said, yes it is replacing an existing. They didn't say four years it was less than eighteen months because that's what we questioned. Mr. Coons-I think we checked that in the Town records and found that it was more than eighteen months. Supervisor Brandt-What does that do to us legally? Attorney Dusek-There are a couple of concerns I have. First of all, this was advertised as a replacement of an existing mobile home and that arguably could have an impact on the notifications and why people would react or not react to what they see in the paper. Mrs. Coons-But, isn't it also anyone that lives in the vicinity you have to live within a certain footage of where the house is going to be and have a legal reason why you would be against it? Attorney Dusek-Is there one of those with the five hundred foot notices? I know it was advertised in the paper, I don't know if they sent out five hundred foot notices or not. Mrs. Coons-Because anyone that would have a question would of been well aware. Deputy Town Clerk O'Brien-No. Attorney Dusek-They didn't send out five hundred foot notifications because it's not required for that section of the Ordinance. The other concern I have is your Zoning Ordinance usually nonconforming uses if that's what in this area after eighteen months they would lapse meaning they have no longer any rights to have anything in that place. It's possible, of course, to get variances from the Zoning Board, but that causes me concern as to whether or not that issue needs to be addressed. Mrs. Coons-What causes us concern is that the house is ordered. It is a hardship because where he is residing now he's residing at a residence of his mother-in-law that has only electric heat and he has just finished paying off last year's electric bill and with the children this here would be a double-wide and a definite approval. The people that would be concerned like Todd Engwer that lives across the street he is all for it, he has been over helping. Councilman Monahan-Joan how big is this lot? Mr. Coons-It's about 2 1/2. Attorney Dusek-Are there other mobile homes in the area? Mr. Coons-Yes. The next lot there is one just a plain old mobile home. Mrs. Coons-Across the street down near the Walkup Road there is another. Mr. Coons-There are about five or six in the area right there. Councilman Monahan-You have the one that Red Rocco was in. You've got the one where the gentlemen just died there he was in, not just, but Joan Williams father. Mrs. Coons-Yes, Harold Rathbun. Councilman Monahan-Yes. Councilman Tucker-Is that mostly family right in the area where Doug wants to put this? Mrs. Coons-Mostly family we're the only family that lives here in this area. We have children out of Town, of course, and out of State. Councilman Tucker-I thought he told me there was mostly family where he wanted to put the trailer. Mrs. Coon-Yeah, us. Attorney Dusek-I think you have the ability to consider whether or not to grant a permit under this part of the Ordinance. But, the problem you have is that I don't think your going to still get by the Zoning Ordinance with it, you've got to go in front of the Zoning Board of Appeals. Mrs. Coons-You mean because the trailer has been gone more than eighteen months? Is there anyway of giving us some kind of a go ahead so he lay the slab and what have you Mr. Coons-Before frost? Attorney Dusek-How soon does the Zoning Board meet? Executive Director, Mr. Martin-The third week in October. Mrs. Coons-Like I said, he is desperate to get a place to live. Attorney Dusek-Under the circumstances an idea may be to ask the Chairman if he would consider a special Zoning Board Meeting. I don't think it's in your best interest not to follow the rules. Mrs. Coons-That's fine with us. Attorney Dusek-If the Town could accommodate you in terms of trying to hold a Special Meeting and have it considered. I don't think it would be a good idea to go ahead and do something and then if you didn't get the permit it would even be worse you know. Mrs. Coons-You may have a point. Supervisor Brandt-What you are saying is that under law we cannot... Attorney Dusek-Under the law there are two things that have to happen. They need a permit from this Board and they also need a Zoning variance from the Zoning Board of Appeals. Supervisor Brandt-We could pass that permit based on what we see and they still would have to go to the Zoning Board of Appeals to finish the process? Attorney Dusek-Yes. The only reason I hesitate a little bit is I'm a little concerned about the notice that went out for this meeting indicating that it was to replace an existing mobile home. Supervisor Brandt-We could put out another notice and hold a another hearing fairly quickly, how fast could that be done? Attorney Dusek-Ten days, so your really looking at two weeks which would put you to the October 10th date. Supervisor Brandt-Can we reschedule that. I would make a motion to do that. To reschedule a public hearing with the proper legal notice. Attorney Dusek-In the meantime they could also try to get before the Zoning Board of Appeals. You would have both wrapped up hopefully by that date. Executive Director, Mr. Martin-I can call Ted Tumer for you tomorrow morning he is the Chairman. Councilman Goetz-He is out of Town isn't he? Supervisor Brandt-As soon as possible. Executive Director, Mr. Martin-I can call the Vice Chairman then. Supervisor Brandt-I think it's the best we can do, I'm sorry. Councilman Monahan-Wait a minute. What about this section here on the pages 113-12, the pages 113-11, which says the Town Board may grant a temporary permit for a term of three months for the parking or placing of a mobile home outside of a mobile home court? Attorney Dusek-That you can do, but the only concern I have there is I don't know if that's going to solve their problems. Supervisor Brandt-If three months came and went and they didn't get their total approvals they could be stuck with a house that they have to sell. Councilman Monahan-I realize that. I also understand what the weather is doing right out there now, too and maybe that's a chance they want to take, I don't know. Mrs. Coons-I think they are willing to take any chance right now. Supervisor Brandt-I don't have a problem committing myself, but you can't commit the Zoning Board of Appeals. Attorney Dusek-That's what I'm concerned. Supervisor Brandt-That isn't fair to imply that we could. Councilman Monahan-I'm not. I'mjust saying that maybe this is a chance that they want to take that's what I'm getting at. Mrs. Coons-I think he is willing to do any chance Betty. Attorney Dusek-It's up to the Board. Supervisor Brandt-As far as I'm concerned, I would like to reset the pubic hearing and go through our process or give them the temporary, I don't mind that. I have no problem with this application whatsoever will work with them in any way to make it work however, I don't want to lead them into a trap either. I think without a Zoning Board of Appeals approval from the way that it sounds to me is you reading the law we wouldn't be doing them a service. It's possible they did not get that final approval and would have to lose everything they've invested in. Mrs. Coons-Why would the existing mobile homes that are on the road all the others that are in that area why would the Zoning Board of Appeals refuse that one offer? Supervisor Brandt-I don't know that. Mrs. Coons-Or that one application? Supervisor Brandt-We can only hope that they would do it, but I think this Board has no problem with it isn't that right? I think there was a mistake made and we're searching for a way to help you. Mr. Philo-Excuse me Mr. Brandt, I'm on the Zoning Board if you as a Town Board can put in your recommendation as SEQRA does to us at times if its favorable in your behalf, I think it would help them. Supervisor Brandt-Do you want to make a resolution recommending to the Zoning Board of Appeals that they look at this favorable? I'll offer it as a resolution. Councilman Tucker-Do you want to take issue a temporary permit, too? Supervisor Brandt-I'd be willing to do that, but I hesitate because if they assume that it means they are going to get the approval and they don't it could cost them thousands and thousands of dollars. I don't think that's the right way to do it. I think the right way is to reset the public hearing and tell by our vote, the Zoning Board of Appeals how we look at this. I think to offer both those resolutions and offer them one at a time. PUBLIC HEARING TO BE RESCHEDULED The following resolution were passed. RESOLUTION DOUGLAS E. COONS MOBILE HOME RESOLUTION NO. 538, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt To reschedule a public hearing for this matter with the proper legal notice for October 12th, 1993. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None RESOLUTION TO ZONING BOARD REGARDING DOUGLAS COON MOBILE HOME RESOLUTION NO. 539,93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt Where the applicant in question did have a mobile home on this piece of property which belongs to his parents several years ago. Due to circumstances it was necessary for him to sell the mobile home at the spot where it was placed, it has been vacant for more than eighteen months. But, what is going back in there is a much newer home, 1994 home that will meet all the new codes. His parents are the owners of the lot, have the adjoining house they have no problem with it. It is an area in which there are other mobile homes so far there has been no neighborhood objections. We would ask the Zoning Board to look favorably upon this application. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None DISCUSSION SIGN ORDINANCE OPENED 7:20 P.M. NOTICE SHOWN Supervisor Brandt-I'm going to declare the public hearing opened is there anyone here that would like to speak to us about the proposed amendment to the Sign Ordinance? John Salvador-Resident in North Queensbury. When this subject came up a few months ago, I communicated with Jim Martin. I made available to him the Lake George Park Commission Sign Ordinance. I just don't know if this is the time to get this whole thing sorted out. We are under a very very severe Sign Ordinance with the Lake George Park Commission not one that I disagree with, but it's kind of a double standard they aren't very active in enforcing their Sign Ordinance. I just don't think we should be under two guns, one is enough. I really think it's the Towns responsibility and a zoning matter and maybe the Town should get itself out of that Lake George Park Commission Sign Ordinance. That's Ordinance has been in affect since 1963, 1963. We had the unfortunate circumstance in 1976 or 1977 to be hauled into Queensbury Town Court we had sixteen violations to that Sign Ordinance. I don't know how your propose changes dovetail over there? Supervisor Brandt-This is really a change to our Ordinance and really a public hearing on those propose changes. The other Ordinance is really a separate matter and if we wanted to try to take and steer a different course than that we would have to do a separate law, right? Attorney Dusek-Right. Councilman Monahan-Mike, I think, too this is just attacking one small section of our Sign Ordinance. If we work on the other sections we can also look at the Lake George Park Commission Sign Ordinance and see if we can do some dovetailing between the two. All this one here is referring to is the temporary signs and when we look at the others, I think.... Supervisor Brandt-I have no problem with what your suggesting, but there is a year and a half of work already on these changes. Executive Director, Mr. Martin-It really is just temporary signs. Mr. Salvador-Your changing your Ordinance what obligation do you have to go before the Park Commission and get their concurrence? Attorney Dusek-On our Sign Ordinance, none. Mr. Salvador-Better check. What did their Sign Ordinance say? Executive Director, Mr. Martin-I don't know if they have dealt with temporary signs. I didn't look at it because we were dealing with temporary signs for this change. Mr. Salvador-Maybe we should put it in the pot with all their other problems you have with the Park Commission. Councilman Goetz-Jim for the next meeting could we have copies of that? Executive Director, Mr. Martin-Yes. Mr. Salvador-By the way you should appreciate that the Lake George Park Commission Sign Ordinance exempts incorporated Villages, which Lake George Village is one. That's why they have what they have up there and everybody outside of the Village and in the Town conforms to the Park Commission Ordinance. Supervisor Brandt-Is there anyone else that would like to speak on the propose change to the Sign Ordinance? Mary Lee Gosline-I really don't want to speak, but can you explain what you are changing? Councilman Goetz-It's the section on the temporary signs. Jim do you want to just give a thumb nail sketch? Executive Director, Mr. Martin-What we tried to do with these is sort offrame in a little better as to what temporary signs are, what types are allowed, sizes and so on. For example types of temporary signs will now be limited to temporary wall signs, double-sided free-standing signs, off-premise temporary signs with property owner approval. The size is limited to, for wall signs thirty-two square feet for free-standing signs sixteen square feet. The main change is we're limiting the number of temporary sign permits allowed in a year a total of sixty days or five temporary signs permit per applicant for a maximum of sixty days per calendar year. Right now the Ordinance you can just simply renew it month, to month, to month. The fee schedule has been adjusted in the Ordinance to more accurately reflect these changes in the permit system. In other words a fee of ten dollars per twelve calendar day period shall be paid upon the issuance of a permit for such sign, and a cash deposit of fifty dollars shall be deposited with the Director of Building and Codes to insure removal. So those are really the main changes in the Ordinance. Supervisor Brandt-Anyone else? PUBLIC HEARING CLOSED 7:25 P.M. It was noted that no action could be taken on this until the County Planning Board reviewed this. Councilman Monahan-Questioned the wording in Section 5. Attorney Dusek to look into this and correct the wording. Councilman Monahan-Questioned the Town Board if they were in agreement that if you are already in the hopper and put your application in you should be paying under the old sign fee? Town Board-In agreement. Executive Director, Mr. Martin-Noted that it was the intent of the committee. Councilman Tucker-Questioned that under the law a political candidate pays thirty-five dollars for the permit with a hundred dollar deposit, how does the new law effect that? Executive Director, Mr. Martin-Noted if you were under the new law the permit is for twelve day calendar increments, example if you wanted a sign for thirty-six days it would be thirty dollars. Noted the Committee was trying to give some flexibility into the system given the fact that the overall riding desire was to limit the amount of time a temporary sign could be up in a calendar year. RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 540, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None PUBLIC HEARING SANITARY SEW AGE DISPOSAL VARIANCE JOSEPH W. & MARY CAROLYN SHAY PUBLIC HEARING OPENED 7:30 P.M. NOTICE SHOWN Mr. Dave Hatin-I don't have the paperwork right in front of me, but I believe you have a septic variance for Joseph and Mary Shay. That is basically to place a mound system within two hundred feet of Lake George. They have received variances from the Zoning Board of Appeals, I believe site plan review, although I'm not sure of that to build a new home on this parcel and with that a new septic system is being installed to replace the older one which is much closer to the lake. This will be a new state of the art system, but it does not meet the two hundred foot requirement the property is not deep enough. Councilman Monahan-Under our Ordinance we should only grant the minimum variance we possibly can. They do have a lot of land, I don't how much I didn't have a scale to measure it out, back further than this. We have to have a good reason why that's being placed there rather than further back. Mr. Hatin-Mr. Shay can probably explain that better. I've walked the property, but he can probably explain it better. Joseph Shay-I have my wife Carolyn with me. Just quickly, I want to say this has been a long and winding road we've been over a year in this process. We've been summer residents on the lake for a little over thirty years. Now, I'm trying to build a retirement home, I'm retired and we thought we had all our variance from the Zoning Board of Appeals in late April. But, then through a procedural error we had to wait Warren County wouldn't rule on it in May and waited till June so we had to wait and then the Adirondack Park Authority wanted to look at it, too. Finally in mid-June we got all our approvals and it was then that we could go to the architect and say go for construction drawings. Until then we did the drawings four times for the Zoning Board and I didn't want to do them a hundred percent four times so we did them fifteen percent four times. Then in June, I said lets not do anything until we have all the approvals. In June we felt we had all the approvals and so then it took two months till the middle of August to get the drawings ready to bid. In the process it has come out which I don't think we were aware of back in April that there was a difference between the Town of Queensbury who has jurisdiction for the setback for the AP A as I understand it. They were measuring at a hundred what they found that the AP A standard was two hundred so we kind of got caught in the middle of this if we had got it through in April it probably would of never come up. Now all the drawings and everything are done and the setback back the AP A was approved and by the Town. Councilman Monahan-Are we talking about setback of building or setback..... Mr. Shay-The setback of the building was the AP A and the setback as well for the Zoning Board of Appeals. When we got into the bidding process Jim Hutchins pointed out to me this discrepancy. It had been discovered, I don't know maybe by Dave in June or July. So, he said we got to now in filing for your building permits all of which I have with Dave going through the process now we got to go for a variance to meet the AP A variance standard of two hundred feet verses one hundred feet. Mr. Hatin-Actually the Lake George Park Commission standard not the AP A. Councilman Goetz-Are there two variances here? Mr. Hatin-I have two variances going for the same thing. I believe this is for the tank and the system itself because the tank is less than a hundred and the next one is just for the system itself. Jim Hutchins-Engineer. Your direct question about why it wasn't put further back. That area back there and it would be the westerly portion of the lot beyond the garage it's extremely wet with surface water and might possibly be a wetland, I don't know I'm not a wetland expert. But, I consider that to be less favorable than the site that I picked. That's why it's here where we have a hundred and fifty foot setback granted back there we could be a two hundred foot setback for the lake, but we would be in the....of surface water. Supervisor Brandt-How are the soils in the area? Mr. Hutchins-Fair. Supervisor Brandt-Describe those to us will you. Mr. Hutchins-The percolation rate was about thirty minutes there. Silty, clay type material, but it's probably as good as your going to find in the area, but I could only say fair. Mr. Philo-How far is the rock ledge down below it? Mr. Hutchins-It's more than four feet. There are areas of exposed ledge throughout the lot, but not where we selected. Mr. Shay-Jim, am I correct in that you found kind of a natural pocket there? Mr. Hutchins-I dug a test hole there and.... Mr. Shay-So we don't have to go into a retaining wall or a bunker which we would have to do out behind the garage plus face this extreme wet condition in raining and spring weather. Supervisor Brandt-What kind of distance do you actually have? Mr. Hutchins-We have a hundred and fifty approximately where the Park Commission requires two hundred. Supervisor Brandt-Okay. Mr. Hutchins-Excuse me. We have fifty feet and the Park Commission requires a hundred, correct? Although your Ordinance is fifty, I believe. Mr. Hatin-Yes. Councilman Monahan-But, not on Lake George. Mr. Hutchins-All we're asking for is variance from Park Commission standards we're not asking for variance from Queensbury standards. Councilman Monahan-That's in our standards, too as far as new construction on the lake. Mr. Hatin-Not for the tank. Councilman Monahan-Not for the tank, I knew the other one was. Mr. Shay-Betty, keep in mind that the current system is like twenty feet from the lake. I'm going to have one of the finest systems on Lake George it's going to be well protected than any system in the whole peninsula. Councilman Monahan-I realize it's going to be an improvement. But, we have to give our reasons why it is a minimum relief that we can give you. The septic tank, I'm assuming all that system is going to be completely water tight so nothing is going to come out of that going back there. I do want to point out where you've got Mr. and Mrs. Shay here there is one part of the forms they didn't sign. Mr. Hatin- Y our right. Councilman Monahan-While they are here it would save them some headaches if you had them sign it now. Supervisor Brandt-Is there anyone else here to speak on this application? Mr. Philo-As a Zoning Board we went up to look at it. He said there was one wet area there. I think it's feasible that they go as far back as they can with it because there is a rock ledge in there, I went up and looked myself and it's only down three to four feet. They do have a pocket if he puts it about where he said it might solve the problem. (Tape inaudible) Supervisor Brandt-Is there anyone else that would like to speak on this application? PUBLIC HEARING CLOSED 7:40 P.M. DISCUSSION HELD Councilman Monahan-Noted the resolution should say water saving fixtures. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR JOSEPH W. & MARY CAROLYN SHAY RESOLUTION NO.: 33, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Joseph W. & Mary Carolyn Shay previously filed a request for variances from certain provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provisions being more specifically those requiring that there be a 200 foot separation between Lake George and the absorption fields, and a 100 foot separation between Lake George and the septic tank, 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 requests on September 27, 1993, 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 variances and the fact that water saving fixtures will be used, it is felt that the variations 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 variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances 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 applicants and the use of water saving fixtures as noted on drawing #92-054 last revised 9/1/93 presented at this meeting that they 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 the variances to Joseph W. & Mary Carolyn Shay, allowing the placement of the absorption field 150' from the Lake George shoreline, rather than placing it at the mandated 200' distance, and allowing the placement of the septic tank 50' from the Lake George Shoreline, rather than placing it at the mandated 100' distance, on property situated on Assembly Point, Lake George, Town of Queensbury, New York, and bearing Tax Map No.: Section 6, Block 3, Lot 26. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mr. Tucker, Mrs. Monahan, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None PUBLIC HEARING SANITARY SEW AGE DISPOSAL VARIANCE LAWRENCE M. & LOIS V. STONE PUBLIC HEARING OPENED 7:40 P.M. NOTICE SHOWN Supervisor Brandt-We have another sewer variance to consider. Mr. Hatin-Mr. Hutchins is here to represent the next one for Lawrence and Lois Stone. Basically it's the same situation as before although the septic tank does meet the hundred foot setback and the system, I think is about a hundred sixty-hundred sixty five feet back. Mr. Hutchins-Approximately a hundred and sixty foot setback for the system. The septic tank meets the Park Commission as well as Queensbury requirements. We are asking simply for a relief from the two hundred foot setback of the Park Commission Regulations. It's a standard absorption bed type system. Supervisor Brandt-What kind of soils have you've got here? Mr. Hutchins-Quite good. The basic problem with the whole lot is there is shallow bedrock in most of it. The one spot that we found again, I went down three or four feet and found good sands with a three minute perc rate. Supervisor Brandt-Is there anyone that wants to speak on this application? Unknown-I'm the general contractor up there Mike. It's a beautiful spot fortunately we only went one forty Mr. Hutchins-One sixty. Unknown-It's good absorption all the way through there. Supervisor Brandt-For the record your Mr. Ruggles? Mr. Ruggles-Beg your pardon? Supervisor Brandt-For the record you are Mr. Ruggles. Mr. Ruggles-Yeah, Mr. Ruggles. Supervisor Brandt-Thank you very much. Anyone else that would like to speak on this application? PUBLIC HEARING CLOSED 7:45 P.M. DISCUSSION HELD Councilman Monahan-Questioned how close will they be to the neighbors well? Mr. Hutchins-A hundred and thirty feet. Councilman Monahan-Recommended putting in resolution the 1.5 gallons flush toilets and 3. gallon a minute faucets and showerheads. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR LAWRENCE M. & LOIS V. STONE RESOLUTION NO.: 34, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Lawrence M. & Lois V. Stone previously filed a request for a variance from a certain provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, such provision being more specifically that requiring that there be a 200 foot separation between Lake George and the absorption fields, 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 requests on September 27, 1993, 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 and the fact 1.5 gallon flush toilets and 3. gallons a minute faucets and showerheads will be used, 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 applicants and the use of 1.5 gallon flush toilets and 3. gallons a minute faucets and showerheads as noted on drawing #93-052 last revised on 9/13/93 presented at this meeting that they 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 the variance to Lawrence M. & Lois V. Stone, allowing the placement of the absorption field 160' from the Lake George shoreline, rather than placing it at the mandated 200' distance, on property situated on Bean Road, Kattskill Bay, Town of Queensbury, New York, and bearing Tax Map No.: Section 151, Block 1, Lot 1. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 35, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Queensbury Board of Health hereby adjourns from Session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr, Brandt Noes: None Absent:None RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 541,93 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 approves the minutes of August 9th, and 30th, 1993 and September 8th, and 13th, 1993. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None Abstain:Mr. Caimano (August 30th, Sept. 8th) Mrs. Monahan (Sept. 8th) RESOLUTION APPROVING CHRISTOPHER C. BROWN AS ELECTRICAL INSPECTOR RESOLUTION NO.: 542, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury previously adopted Local Law No.4, 87 entitled, the "Electrical Law of the Town of Queensbury," and further amended the same at the time the Code of the Town of Queensbury was adopted (Chapter 80 - Electrical Standards), and WHEREAS, Chapter 80 of the Code of the Town of Queensbury sets forth certain criteria for businesses and/or individuals to perform electrical inspections in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has determined that Mr. Christopher e. Brown meets the criteria to perform electrical inspections for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that Mr. Christopher e. Brown is hereby authorized to make electrical inspections within the Town of Queensbury, subject to compliance with the standards set forth in Chapter 80 of the Code of the Town of Queensbury. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None At a Meeting of the Town Board of the Town of Queensbury, held at the Queensbury Activities Center, 531 Bay Road, Queens-bury, New York, on the 27th day of September, 1993. RESOLUTION NO. 543, 93 PRESENT: Supervisor Brandt, Councilman Tucker, Councilman Caimano, Councilman Goetz, Councilman Monahan ABSENT: None WHEREAS, the Town Board of the Town of Queensbury has heretofore formed and constructed the Central Queensbury Quaker Road Sewer District; and WHEREAS, the expense of constructing sewage facilities within said Central Queensbury Quaker Road Sewer District, is to be borne by local assessment upon the several lots and parcels of land within said area is a Town Function in the manner provided by Section 202 of the Town Law; and WHEREAS, the annual estimate of expense of the improvement and Benefit Assessment Roll for the Central Queensbury Quaker Road Sewer District in the Town of Queensbury, Warren County, New York, pursuant to Section 202 of the Town Law, has been duly prepared; and WHEREAS, the expense of said sewer district area is to be assessed in proportion to the amount of benefits derived from the improvement area pursuant to Section 202 of the Town Law of the State of New York; and WHEREAS, the assessment roll for the said sewer improvement area has been prepared and describes each lot or parcel of land contained within the said sewer improvement area and shows the names of the reputed owner or owners thereof and the aggregate amount of assessment to be levied upon each such lot or parcel of land; and WHEREAS, the aforesaid estimates and assessment roll, copies of which are annexed hereto, were heretofore filed with the Town Clerk of the Town of Queensbury, County of Warren, New York; NOW, THEREFORE, IT IS ORDERED, RESOLVED, and DETERMINED, that a public hearing, pursuant to the provisions of the Town Law of the State of New York, shall be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 12th day of October, 1993 at 7:00 p.m., to hear all persons interested in relation to the aforesaid estimates and assessment roll and to hear and consider any objections to the aforesaid assessment roll and to take such other action on the part of the Town Board as may be required by law or proper in the premises. The foregoing resolution was offered by Councilperson Mrs. Susan Goetz and seconded by Councilperson Mr. Pliney Tucker and adopted by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None DATED: September 27th, 1993 DISCUSSION HELD BEFORE VOTE Councilman Tucker-Questioned if there was a time constraint with the County and if the Board will meet it? Attorney Dusek-Yes. They have to have it in time to be included in the January taxes. Noted as long as they proceed ahead of the other budget they will be set. Councilman Monahan-Requested to have a roll on file before the public hearing for residents to look at. Attorney Dusek-Noted the roll in on file in the Town Clerk's Office. RESOLUTION AUTHORIZING AGREEMENT WITH BLUE CROSS BLUE SHIELD RESOLUTION NO.: 544, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town's health insurance carrier, Empire Blue Cross Blue Shield, has offered a computer matched worker's compensation liability identification program to the Town of Queensbury and a copy of the proposal set forth in a letter-form agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury indicating the desire to participate in the worker's compensation matching program, and further authorizes the Town Supervisor to take all steps and actions that may be necessary to carry out the terms and provisions of this program, including the execution of any further forms that may be necessary in the future. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan Mr. Brandt NOES: None ABSENT:None RESOLUTION APPROVING AGREEMENT CONCERNING USE OF FACILITIES BY ADIRONDACK CHAPTER, AMERICAN RED CROSS RESOLUTION NO.: 545, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, there has been presented at this meeting, a proposed agreement for the use of the Queensbury Senior Citizens Center in the event that it is needed for disaster relief activities by the Red Cross, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby approves the agreement and further authorizes the Town Supervisor to complete and fill in any blanks that exist in the agreement and also complete the information on the facility and the mass facility survey and execute the agreement and take such other and further steps as may be necessary to implement the terms and provisions of this agreement, and BE IT FURTHER, RESOLVED, that this agreement shall be maintained on file with the Town Clerk's Office. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION RESCINDING NEGATIVE DECLARATION REGARDING CONVERSE MOBILE HOME PARK RESOLUTION NO.: 546, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury previously reviewed an application made by Mr. Barry Converse for the Converse Mobile Home Park on April Lane, Queensbury, and WHEREAS, as part of the review, the Town of Queensbury also conducted an environmental review using an environmental assessment form, and WHEREAS, the Town Board of the Town of Queensbury, after conducting an environmental review, and after the comments that were received at the public hearing, determined to issue a negative declaration, and WHEREAS, since the time of the adoption of the negative declaration, the Town Board of the Town of Queensbury was informed that a number of citizens were not notified of the public hearing as is provided for under and pursuant to Chapter 113 of the Code of the Town of Queensbury and has provided further notice and has held a further public hearing at which the Town Board received a number of comments regarding concerns about traffic, as well as other concerns about the area, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, based on the information received at the public hearing, hereby rescinds its previously issued negative declaration and hereby further directs that the Executive Director, 1) notify the applicant that the negative declaration has been rescinded, and 2) further advise the applicant that if he wishes to proceed with review of the project, that a meeting should be held with the Town Board of the Town of Queensbury and discussion should be had concerning information necessary to complete the SEQRA review, which information shall include, among other things, information concerning traffic impacts. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: Supervisor Brandt-Paul do you want to explain that quick? Attorney Dusek-I drafted this as I understood that the Board wanted to take further action to stay the proceedings the occurred last week on this application. What, I picked up from what the Board was saying is that you felt uncomfortable with the traffic problem raised by the other people. It seemed to me that this is primarily a SEQRA issue and that if there was a problem with traffic you would want it addressed as part of the SEQRA process. What you are doing is saying, your rescinding the negative declaration and starting the process over and the applicant should be notified of that. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE IN THE MATTER OF THE APPLICATION OF HOWARD CARR, AS RECEIVER OF THE QUEENSBURY FACTORY OUTLET CENTER RESOLUTION NO.: 547, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel and the Town Assessor having made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the tax rolls for the years 1991 and 1993, as indicated and as follows: Year Tax Map No.: New Assessment: Address: 1991 103-1-1.2 $3,150,000.00 Queensbury Factory Outlet Routes 9 and 254 Queensbury, New York 1993 103-1-1.2 $3,750,000.00 Queensbury Factory Outlet Routes 9 and 254 Queensbury, New York Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION AMENDING RES. 503, 93 CONCERNING AGREEMENT BETWEEN MR. ED HOLOHAN AND THE TOWN OF QUEENSBURY RESOLUTION NO.: 548,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 503, 93 to authorize an expenditure of funds to pay for the services of Mr. Ed Holohan, said expenditure to be paid from the "general contingency account," and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution such that the expenditure should be paid from "Account No.: 5-3410-4400, Fire Fund, Misc. Contractual," NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 503, 93, to read as set forth hereinabove. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING TOWN OF QUEENSBURY TO SUBMIT APPLICATIONS FOR MUNICIPAL PARK PROJECT GRANT FUNDING UNDER THE LAND & WATER CONSERVATION FUND (FEDERAL) AND THE ENVIRONMENTAL QUALITY BOND ACT OF 1986 (STATE) RESOLUTION NO.: 549, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the State of New York has made available funds (state and federal) for a matching grant program to undertake recreational facility expansion, renovation, and/or acquisition, and WHEREAS, the Town of Queensbury Departments of Community Development and Parks & Recreation will jointly prepare an application for said funds in accordance with the provisions set forth in the 1994 Municipal Park Project Grants Application Guidelines, and WHEREAS, the Warren County Department of Planning and Community Development will aid Queensbury in the preparation of a second application for said funds in accordance with the provisions set forth in the 1994 Municipal Park Project Grants Application Guidelines, and WHEREAS, said applications require certain certifications and assurances be submitted as part of the application process, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury, Michel R. Brandt, is hereby authorized and directed to submit applications on behalf of the Town of Queensbury, to the fullest extent of funding allowed and determined by the 1994 Municipal Park Project Grants Application Guidelines, and BE IT FURTHER, RESOLVED, that any and all such documents pertaining to said application shall be in a form to be approved by the Town Attorney. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION OF F ARR LANE RESOLUTION NO.: 550, 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 considering the acceptance ofFarr Lane, offered for dedication by NCR of Queensbury Housing Development Fund Company, Inc., 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. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE Short Environmental Assessment Form Executive Director, Mr. Martin-Does action exceed any Type I threshold in 6 NYCRRR, Part 617.12? Town Board-No. Executive Director, Mr. Martin-Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? Supervisor Brandt-I don't know those laws so you tell me. Executive Director, Mr. Martin-I don't think so. Attorney Dusek-Your not coordinated the review on this I can tell you that. Executive Director, Mr. Martin-C. Could action result in any adverse effects associated with the following. C1. Existing air quality, surface or groundwater or quality, noise levels, existing traffic patterns, solid waste production or disposal potential for erosion, drainage or flooding problems? Town Board-No. Executive Director, Mr. Martin-C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources or community or neighbor character? Town Board-No. Executive Director, Mr. Martin-C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats or threatened or endangered species? Town Board-No. Executive Director, Mr. Martin-C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of uses of land or other natural resources? Town Board-No. Executive Director, Mr. Martin-C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Town Board-No. Executive Director, Mr. Martin-C6. Long term, short term, cumulative, or other affects not identified in CI-C5? Town Board-No. Executive Director, Mr. Martin-C7. Other impacts including changes in use of either quantity or type of energy? Supervisor Brandt-Nothing of significance. Executive Director, Mr. Martin-D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? Town Board-No. Attorney Dusek-Could I just ask for one thing. On your resolution there is also the standard negative declaration form and it says reasons for this determination. If you can just put in there the Board has reviewed the SEQRA form and has found no environmental impacts as per the discussion that has occurred at this meeting. Supervisor Brandt-Yes, that's fine. RESOLUTION ACCEPTING DEDICATION OF F ARR LANE RESOLUTION NO. 551,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, NCR of Queensbury Housing Development Fund Company, Inc. has offered a deed to dedicate to the Town of Queensbury Farr Lane, 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 H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has reviewed inspection reports concerning the construction of and specifications of the said road proposed to be dedicated to the Town of Queensbury and he has raised no objection to acceptance of the same, 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 accepted for dedication be hereby added to the official inventory of Town Highways, and BE IT FURTHER, RESOLVED, that the road accepted for dedication by this resolution and the road that currently exists which is known as Farr Lane be described as follows: Road Number: 495 Description: Beginning at Aviation Road going in a northerly direction to a cui de sac. Name: Farr Lane Feet: 1,460 and any records of the Town, County, or State should be amended accordingly and the Town Clerk is authorized to take action to amend or seek amendment of any records necessary, and BE IT FURTHER, RESOLVED, that the description and records setting forth the description of Manor Drive, the road connected to Farr Lane, be amended to conform to what exists by way of current signage, as follows: Road Number: 304 Description: Beginning at Aviation Road, going in a northwesterly direction ending at Farr Lane. Name: Manor Drive Feet: 1,854 and any records of the Town, County, or State should be amended accordingly and the Town Clerk is authorized to take action to amend or seek amendment of any records necessary. Duly adopted this 27th day of September, 1993, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Supervisor Brandt-Spoke to the Board regarding the landfill. Noted the landfill is scheduled to close under an order by DEC on October 7th, 1993. Has written a letter to DEC asking for an extension to April 1st, or whatever they will give us, hasn't received a answer as of yet. Has called DEC many times hasn't received an answer. Noted residents can call their State representatives regarding the closure of the landfill. Trying to bring as much information together as possible so the Board can make a reasonable guess as to what should be done. This is going to be a major problem for a lot of communities in the County. Attorney Dusek-Explained that the Federal Regulations were originally scheduled to kick in as of October 9th. It was thought if they were going to come into effect the Town of Queensbury did not want to continue pass that date. Everything that we have heard is that it's going to be extended. Not only do you have the Federal Regulation that you have to plan with, DEC has their own regulations which they went through and modified to meet the Federal Regulations. Then the question became the Federal Regulations are lifted are the DEC reg's going to be lifted? Are they going to grant variances? As of last week they didn't know the answer to that whether they were going to wave the regulations and hold with the fed's or whether they were going to make you come in for a variance. Other issues involved are concerning the Grant Program. The Town of Queensbury has 1.2 million or so under the Grant Program there is a change of getting another $800,000 eventually if the money is there. Part of the conditions in staying qualified for the grant is a closure by December 31st. There is an enormous number of details like this that a simple Declaratory Judgement going into the court really isn't going to answer all of these questions. The approach has been to try and work with the department. Thinks there has been some positive moves out of the Department especially the Raybrook Office, but understands awaiting to hear from Albany. Recommended to continue working on the matter over the course of the next week. Mr. Salvador-Noted his concern that Queensbury seems to be the fall guy regarding the landfill. Questioned where Warren County is in all of this? Attorney Dusek-Noted they did give a resolution of support and sent it to Albany. Mr. Philo-Commended the Town Board for looking for alternatives regarding the landfill. Supervisor Brandt-Noted if enough things come together and they have been trying to bring everything together, has priced C&D cheap enough so that it would attracted from out of Town. It is being attracted and it is filling part the void that has to be filled and bringing money that is needed. If the State funds according to what they say they are going to fund we should have enough money to close the landfill. Stated the figure they have committed is one million two hundred fifty thousand, are eligible for another seventy hundred and fifty thousand dollars. If we can get this plus the C&D until the end of the year we have it made. We will bring water out there, we'll close it, seal it, and be finished with it. Noted no one has an answer as to what you will do with the garbage you can't bring to the burn plant. Stated there are no good answers and are going to have to look at it and come to an answer. ATTORNEY MATTERS Attorney Dusek-Spoke to the Board regarding the O'Brien and Gere Contract. Noted the Board had approved it last week, but indicated if there was a change to come back to the Board. Has gotten assurances from O'Brien and Gere that this wouldn't interfere with their time frames as long as it's signed tomorrow. (Went over contract with Town Board) The following resolution was passed. RESOLUTION ACCEPTING AMENDMENTS TO AGREEMENT RESOLUTION NO. 552, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker Attorney Dusek-The first change appears in the addendum that I handed out to you on Number 2, I'lljust summarize that for you. Originally the addendum which is the document I drafted on your behalf said that there were options that were called for under contract to be explored. Options concerning chlorine scrubber and highlift pumps. I said in the addendum that whatever the Town does in terms of those options whether you go with them or not go with them or select anyone of them that O'Brien and Gere did include in their main contract the price for the Map, Plan and Report, Design and Construction the cost for those options, in other words we weren't going to pay one penny more. O'Brien and Gere said to me when they got this they said, no that's not the case. What is the understanding is this. That, yes there were options put forth in the contract, but that the first option which was the chlorine scrubber was an option, but the Town Board had already selected that option and the chlorine scrubber was not going to be used and there was going to be the alternative method of chlorinating up there to eliminate that. This would be the way they did their Map, Plan, and Report and that is in the price. In everything they gave you that's already incorporated in that way so they are not under any impression that they should be doing two different studies on that option, that was one issue. The second issue was on the highlift pumps. There they said, on the highlift pumps, yes that is an option and is something that's open for the Town Board and yes, in the Map, Plan, and Report we will look at both options concerning the highlift pumps, and yes the price that we gave for the Map, Plan, and Report, includes the $27,000 includes the discussion of the highlift pumps. However, if you decide to go with that second option on the highlift pumps the design and construction phase prices will have to be increased. They said that their letters gave you estimates as far as what the increase will be. They said they wanted me to change this provision obviously to reflect that which I did. After talking to Nick, I ran it by Sue as well to get some preliminary feedback and Tom Flaherty to see if this was the case. Actually, I guess Nick called Tom while I was there and that's how we got Tom's input, but.... Councilman Caimano-I called Ralph VanDusen, but that's all right. Attorney Dusek-The question I have for you if this meets with your understanding that's the way it would go, that's one change. The second change which is very minor on page two, where it talks about in clause three the submission of documentation and payment of bills. We just added, they were bothered because it said just appropriate documents and they wanted a reference back to their earlier Article 3, saying what the documents would be because they are getting paid on a percentage basis for the work completed. Brien Gidlow was named as the Engineer. The Town Board had the right to approve that. I just wanted you to know that's the name if you have any objections to their choice of the contact person. Councilman Monahan-Did you check that with Tom? Attorney Dusek-I did not check that name with Tom, no. Tom Flaherty, of course, was designated by yourself as the contact person for the Town. Councilman Monahan-It seems to me he should know the engineers he's going to work with at O'Brien and Gere, too. Attorney Dusek-We would definitely be giving Tom a copy of this contract so he's aware of that unless you wanted him to approve the engineer himself. Councilman Caimano-He probably knows the capabilities of the engineers of that firm better than any of us. Attorney Dusek-Nineteen was the other change that was made that appears, Page 6. There, I had made reference to a Schedule B of wage rates that would be used in the event that you had to pay for extras. They wanted to make sure it was understood that whenever the extras occur if it's this year or next year it would be based against the wage rate schedule that was then in effect. The last thing attached is the time schedule. They agree to set the start date at 9-24-93 and then go through which 9-24, of course is last week, but they indicated they would stand by that. There is their outline of when they propose to have their work done for you. Councilman Monahan-To get back to that engineer. I don't think it matters too much Paul, because the other sentence says, prior to any work commenced under this agreement the Town Board of the Town of Queensbury shall by written letter indicate whether the selected engineer is approved so I don't think that is a problem then. Attorney Dusek-Those are the changes to the agreement if they meet with your approval. Councilman Goetz-Could I just bring up something. In reviewing these letters they we've got from O'Brien and Gere. Something came up at the last Town Board meeting regarding if we needed to purchase extra land for the tank. I don't remember exactly what the question was. Was it whether we were going to pay for the survey the Town would pay? In this letter it reference survey property description for purchase of land of tank site $400.00. That question was never answered for us. Supervisor Brandt-I would assume the Town pays for the surveying and they review the documents that was my understanding. Councilman Goetz-So it's two separate fees? Supervisor Brandt -Yes. One somebody is doing the surveying the other one someone is checking that structurally it will fit there and it's the right height and that sort of thing. I'll tell you something I have no problem with any of this and I'd like to move it except that I'd like to make Ralph VanDusen our contact and not Tom Flaherty. I'm quite offended with what I read in Sundays paper. I'm quite offended in the way things were presented. First of all, I saw a beautiful picture of an engineering office and we don't have an engineer working for the Town. Someone represented that the engineer's office was overcrowded and the engineer has a hard time working there we don't have one that's interesting. Secondly, I don't like the idea that we had a recommendation made by the Administration of the Water Department to build a set of offices when we're sitting there with a chlorine gas system that if it breaks and ruptures we got to evacuate 50,000 people from the area. For $300,000 you could of cleaned that system up instead of building a million dollar office, but we built the offices. I'm offended to now have somebody try to blame us for the building of that building. I think it was a bad mistake and I don't want to give him that job so I'm going to ask that you substitute Mr. VanDusen in for Mr. Flaherty. Councilman Tucker-Did you make a motion? Supervisor Brandt-I'll make it a motion. Councilman Tucker-I'll second it. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Tucker, Mr. Brandt Noes: Mr. Caimano, Mrs. Monahan Absent:None RESOLUTION APPROVING AGREEMENT ENGINEERING SERVICES BETWEEN TOWN OF QUEENSBURY AND O'BRIEN & GERE ENGINEERS, INC. IN CONNECTION WITH WATER TREATMENT PLANT EXPANSION RESOLUTION NO. 553, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt Councilman Caimano-I'll move it with the change in the contract. Supervisor Brandt-I'll second it. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None RESOLUTION REGARDING SERVICE AWARD PROGRAM RESOLUTION NO. 554, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Attorney Dusek-What I'm handing out to the Board now is primarily for informational purposes. You authorized this last week, but this is a copy of the proposition that will appear on the ballot concerning the Firemans Service Award Program. It basically summarizes what your resolution has it put it into a form of a question. If you recall you authorized myself working with the Town Clerk to draft it, forwarded it to the Board of Election which was in fact done today. Councilman Tucker-That will get us on the ballot? Attorney Dusek-Right. Supervisor Brandt-For budgetary purposes, I'm going to put the $60,000 into my budget so that it will be included in the budget. Councilman Caimano-Are we going to move this? Attorney Dusek-It wouldn't be a bad idea just to have a resolution on the record approving it. Councilman Tucker-I'll move it. Councilman Caimano-I'll second it. Duly adopted this 27th day of September, 1997, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Councilman Goetz-Spoke to the Board regarding a phone call received from Wilson Mathias who is representing Kingsbury residents involved in a proposed Asphalt Plant in Kingsbury, proposed by Mr. Galusha, noted Mr. Mathias represents one Queensbury resident Mr. Scheidegger. Stated they are proposing to make three hundred tons an hour of asphalt. Raw materials would be moving over Rt. 149, Ridge Road, and Hicks Road. Questioned if the Town Board was interested in taking part in any part of the review that is to come before the Kingsbury Planning Board as to the impact on Queensbury residents regarding traffic? After further discussion the following resolution was passed. RESOLUTION CONCERNING ASPHALT PLANT RESOLUTION NO. 555, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury has been advised that an application has been made or will be made to the Town of Kingsbury Planning Board for the construction or location and operation of an Asphalt Plant in the Town of Kingsbury, but also in the Warren Washington County Industrial Park, and WHEREAS, the Town Board of the Town of Queensbury is concerned about potential impacts to Town residences as well as to businesses located in the Warren Washington County Industrial Park, and WHEREAS, the Town Board of the Town of Queensbury although recognizing that it does not have to issue a permit for the project is desirous of being an interested party in the application at review process, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates its desire to be an interested party in the review process before the Planning Board concerning the Asphalt Plant to be located in the Town of Kingsbury as well as before any other boards in the Town of Kingsbury or Washington County that may be necessary or the County that may also have to review the project and hereby, IT IS FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Martin as the person who should act as a liaison between the Town Board of the Town of Queensbury and the Town of Kingsbury Officials or Washington County Officials conducting the review and express the Town Boards concern and also Mr. Martin shall notify and stay in communication with the Town Board in the event that any further action or resolutions need to be adopted by the Board. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None DISCUSSION HELD Councilman Tucker-Spoke to the Board regarding a resolution from the Planning Board regarding no parking signage from the intersection of Western and Luzerne to the intersection of Luzerne and Holden on the north side of Luzerne Road. Asked the Board to pass a resolution regarding this matter. Attorney Dusek-Attorney Dusek to look into this matter and bring it back to the Board. DISCUSSION HELD SIDEWALKS AMES PLAZA Presented Site Plan To Board Executive Director, Mr. Martin-Spoke to the Board regarding sidewalks Ames Plaza. Noted he has been contacted by DOT and the agent from Wal-Mart. There is a question from DOT concerning sidewalks across the front of Ames Plaza. Not necessarily sure if it's sidewalks or handicap curb cuts along the edge of the right-a-way to allow for people to walk in front ofWal-Mart. Noted Wal-Mart will put in the sidewalks and DOT would like to see them pending an agreement by the local municipality to accept maintenance and responsibility. Spoke with Paul Naylor, noting Mr. Naylor doesn't think it's a good idea due to the cost of maintenance. Asked the Town Board what they wanted to do? Noted that the Planning Board has allowed for a pedestrian access through the right-a-way for Greenway Drive and also a sidewalk connecting the apartment to the rear of the store. It was the Town Boards decision to have the property owner be responsible for the sidewalks. Mr. Martin to contact representatives from Wal-Mart and report back to the Board. COUNTY REVIEW OF PLANNING APPLICATIONS Executive Director, Mr. Martin-Spoke to the Board regarding a agreement with the County Planning Board on ways to remove items from their agenda from month to month. Has met with Pat Tatich from the County and has received a memo regarding changes to be made. Noted the follow outline approach to a review by the County. I. Residential Uses. Projects which are one for one replacement of a residential structure or within a ten percent increase to allow for placement of decks, porches, etc. However, if a project of this nature includes a dock the entire project will be referred to the County Planning Board. The Board will review projects of this nature which should occur within twenty feet of the right-a-way of the County or State road. Residential Uses. Multi-family projects of less than ten units which do not have a direct access on a County State highway and do not involve a critical environmental area or statutory wetland. II. The County desires to continue the review of all use variances. III. The County continues to desire review of all commercial and industrial use and area variances. IV. Site Plan Reviews. The County desires to review projects which include the construction or conversion of buildings uses greater than five thousand square feet with off-street parking for more than twenty vehicles. Additionally the County will review projects for site plan which occur within twenty feet of the County or State road. V. The County desires to continue to review all zoning ordinances, amendments, rezoning of land including planned unit developments. Mr. Martin to review matter with the Zoning Board, and Planning Board. To meet with Attorney Dusek to try to arrange an agreement. DISCUSSION HELD Supervisor Brandt-Questioned the status on the Seeley's rezoning? Executive Director, Mr. Martin-Noted it has gone to both the County and Town Planning Boards. Warren County Planning Board disapproved it as it was proposed, but did say they thought it would be more appropriate to go to a commercial residential or neighborhood commercial designation. The Town Planning Board reflected that of a commercial residential use. Has reviewed the stated purposes for those zones and found that those looked to be more appropriate rather than highway commercial. Town Board in agreement that it should be CR -15. Mr. Martin to notify the County Planning Board regarding this matter. Attorney Dusek to draft resolution for next regular meeting. OPEN FORUM John Schreiner-DunlIams Bay. Questioned the Town Board if Dunham's Bay Road has been taken completely by the Town? Attorney Dusek-Yes. Mr. Schreiner-Questioned the final result of the road? Executive Director, Mr. Martin-Noted he was in contact with Warren County and Warren County could not address this due to time constraints. Mr. Salvador-Noted he has received a driveway permit from Paul Naylor. Attorney Dusek-To contact Leon Steve regarding map for the road. Mr. Schreiner-Questioned if the map would say one-way or two? Attorney Dusek-Noted the map only identifies the area of the road. The status of one-way or two-way would be up to the Paul Naylor, Highway Superintendent and the Town Board. Mr. Salvador-Questioned the status of the sign that he ask for a week ago? Supervisor Brandt-Noted a resolution could be drafted regarding the sign for the road. Mr. Schreiner-Requested when a decision was made on the road could the three parties concerned be notified as to what can take place on the road as to parking, etc. Attorney Dusek-Noted that whatever is done on the road to restrict parking, one-way etc., you would know by the posting of signs. Mr. Schreiner-Questioned when all decisions for the road have been made can DunlIams Bay Road Company conduct business on the road? Attorney Dusek-Noted anyone can use the road for any lawful purpose of the Town. It depends on what they are doing at the time and whether it violated the Vehicle and Traffic Law. Unknown-Spoke to the Board regarding his concern for the closure of the landfill on October 7th. Noted he would be willing to contact Senator King and Senator Stafford regarding this matter. Barbara Bennett -Questioned if Luzerne Road and Sherman Road were in the Town? Supervisor Brandt-Noted it was the City. Mary Lee Gosline-Urged the Board to try to get the property owner to take of the responsibility and maintenance of the sidewalks for Ames Plaza. Mr. Philo-Noted that in the City it is the property owners responsibility to maintain the sidewalks. Mr. Salvador-Questioned Mr. Martin's subject with the Warren County Planning Board the term statutory wetlands, questioned whose statue? Executive Director, Mr. Martin-DEC, and Adirondack Park. Michelle Burch and Connie Hodgkins-We were here two weeks ago for the public hearing on the Planned Hudson Pointe Development. As we sat here we became concerned about the size of this project, environment need and the impact on the community. It promoted us to get up a petition opposing the rezoning of this land in favor of a smaller standard subdivision. We felt that a lot of people weren't informed and those that were, were more than willing to sign. We feel that the Board represents us and that you should vote in favor of our future and our environment and community. We would like to have this petition filed with the Report on the Environmental Impact Study. Supervisor Brandt -Sure. You want to give it directly to the Clerk. How many signatures have you got? Ms. Burch-To date we have forty two. We would like to pound the payment until October 15th? Mary Lee Gosline-What does your petition say? Ms. Burch-It says, we the following concerned residents of Queensbury oppose the rezoning of Hudson Pointe for the proposed Planned Unit Development. We feel a smaller standard subdivision is more suitable for this area. Councilman Caimano- They have until the fifteenth? Ms. Burch-Thank you. Supervisor Brandt-Anyone else? Tim Brewer-Candleberry Drive-First of all, I'd like to thank the Board for the extension on the comment period for the EIS. I wasn't here and wasn't able to attend the meeting. The other thing was Mike, you and I had a conversation about the road issue. I was going to bring that up that night and I wanted to know if there was anymore discussion or what the chances are that something could happen? I think you said you talked to Paul about it. Supervisor Brandt-We did talk. This is a road issue of tieing in Sherman Island Road to the new road, the proposed road. Mr. Brewer-No, the existing road rather than closing it. Supervisor Brandt-There is an existing road that would then tie into a propose road. Mr. Brewer-To go to Corinth Road, right. Supervisor Brandt-To go out to Corinth Road. Paul you told me it was more complex. It's really the existing it's a little U road off of Sherman Island on McDonalds Subdivision. If it were done in a certain way it could be tied into the new entrance. Councilman Caimano-Point of order here Mr. Chairman. I do this only so we don't get in trouble later on. I want to make sure that we can do this without the applicant being here that's all? Mr. Brewer-You said in your minutes and I read minutes, Nick. You said every Monday night until October 15th, the public hearing would be left opened for public comment. If they are not here that's their problem. Councilman Caimano-Ijust want to make sure that we.... Attorney Dusek-Now that you mentioned it, I'll just tell you this. I did have a conversation with Mike O'Connor today and he asked me if there would be anything on tonight there were questions that the Board had raised. I said, I wasn't ready to discuss those issues in terms of the issues that were raised at the last meeting. He was lead to believe by myself that I certainly wouldn't be addressing the project tonight. Councilman Caimano-I'm not denying Tim's right to say anytlIing he wants on any Monday night. My question is should we be having a back and forth discussion that's all. Mr. Brewer-It has nothing to do with him Nick. It's a Town road how the hell does that have anything to do with him. Councilman Caimano- That's all I'm asking. Supervisor Brandt-Nick all I've done is ask the Attorney about the question that's all. Councilman Caimano-As long as we're happy with it I'm happy with it. Supervisor Brandt-And the Attorney told me its a more complex question than the way I viewed it or presented it to him and that's where it stopped. That's as far as our discussion went and I assume that discussion will be coming up again. One of the questions that concern me in this whole discussion of Hudson Pointe is that the two ladies that came up ahead of you said they like to see this property developed as an ordinary subdivision. If you do that than all of the traffic will have to do on Sherman Island Road. Your going to create an enormous problem, I think. Mr. Brewer-That's just my point Mike. Even if you did a standard subdivision can that road handle it? I've got to believe the answer is going to be no. It's not even twenty foot wide there is a ninety degree tum at the end of the road. When you come out to the Corinth Road, Pliney knows he's been up there and you've been up there if you want to go left you can't see a car coming. What's more important Mike safety, I mean something has got to be done whether they do it or the Town does it something has to be done that's the bottom line. Supervisor Brandt-There is a possibility the safest thing to do is make some kind of a cross over and go through a different road which is proposed. Mr. Brewer-The road is there. They want to come off the Corinth Road where it is a straight line. What's the harm in leaving that road open and let everybody have a safe access to Corinth Road not just their development. I don't care if they develop down there that's fine, I don't care. I just think the safety has to prevail in this thing. Supervisor Brandt-I can see your point you talked to me about it. I think it's a point that has to be considered and I think it needs to be looked at. Mr. Brewer-Let's just say they never came in for a subdivision or PUD, something has to be done there the kids have to stand on the corner there. I don't want my daughter getting hit by a school bus coming around that corner, or anybody else's daughter, or son or anybody. Councilman Goetz-So this is an issue separate from Hudson Pointe? Mr. Brewer-It has to tie into it Sue because they are proposing a road out on the Corinth Road. What they are doing is denying the people that live there now the right come out there in a safe exit because they want to close a Town road. I don't think they should be allowed to and I feel very strongly about that. I think the Town Board should think about it. I mean it has to do with the safety of the citizens of the Town of Queensbury plain and simple. Why should you cut a road off that's there now that the taxpayers pay taxes to have maintained and your going to close it and shut us offfrom going out on the safe exit, I think it's wrong that's my feeling. If you think I'm wrong that's fine you have your right to that opinion. Councilman Goetz-I think we should know whether or not we can entertain question about Hudson Pointe up until the October 15th. Mr. Brewer-It says clearly in the minutes that it is allowed. Councilman Caimano-We made it very plain that every Monday night... Mr. Brewer-I read the minutes very carefully. Councilman Caimano-I think it was that there would be comments that's not my concern. My concern is a back and forth argument regarding it. Mr. Brewer-I'm not trying to argue Nick. Councilman Caimano-Wait a minute, wait, wait, wait. I'm not saying your trying to argue. I'm saying that I don't think we have the right not at this stage of the game to enter into a back and forth discussion with the applicant here. If I was going to do that I would start saying, well gee didn't they change the road because you asked them to in the first place and then we get into the big brew ha ha, I don't want to do that. I don't think we're allowed to do that, I don't think it's proper to do that especially after you have told the applicant that your not going to discuss it. Councilman Monahan-Nick, I don't see this as a discussion. I see people making comment, wait a minute with our not commenting on their comments, therefore the applicant gets a written record.... Councilman Caimano- That's perfectly fine with me he can talk all night long about. Councilman Caimano-I don't think we should be commenting really on what people are saying... Councilman Caimano- That's my point. Councilman Monahan-I agree with you on that. Councilman Caimano- That's my point. Councilman Monahan-It becomes the part of the comment period record. Councilman Caimano-I totally agree with you. Supervisor Brandt-I don't follow all of this. Councilman Goetz-We can listen, but we can't talk. Supervisor Brandt-Why can't we talk my god, what's wrong with a dialogue? What on earth is freedom of speech about? Councilman Monahan-You can ask questions, but we can't really take positions without the applicant here is what Nick is saying. Supervisor Brandt-We're not taking positions we're discussing. Mr. Brewer-Let me rephrase it. I don't know how I can rephrase it. I'm just asking a simple question.... Councilman Monahan-Your asking something really that's separate from Hudson Pointe. Your asking a question about the safety of that road. Mr. Brewer-It has to do with it because they are proposing something. I think the Town should take in light of what they are proposing a solution to a problem. Councilman Monahan-That suggestion can go to them. I don't think we can really work on that without them here. Mr. Brewer-Your the ones that have to make the final decision Betty so it has to be asked of you. Councilman Monahan-That's right, I agree with that. Supervisor Brandt-Take Hudson Pointe out of this Mr. Brewer-Exactly. Supervisor Brandt -Your saying that there is a bad road situation. But, to change that we would have to acquire private property and change the road and that's not easy to do. You have to have a willing buyer, willing seller, or else you have to do through a taking, you have to design we're not very well set up to do that. Mr. Brewer-Either that or just ignore the problem. This started back in 89, Mike. I asked the previous Board to possibly do something about it and I might as well just spit in the wind because it never happened. Supervisor Brandt -One thing we are doing is looking at roads and traffic problems and we're starting to do that more with our Planning Department and we can certainly bring this into play. We need to do more of it there is no question of it. As our Town builds up and our densities build up traffic is becoming a bigger and bigger problem. My god, look at the people going across Exit 19 or under Exit 18, I mean there is tremendous traffic congestion there from what we're used to. We've got to solve those things and they are not going to solve themselves. That means we have to give it a priority and your right. That should be given consideration as well as any other road they should be factored in. Mr. Brewer-That's right. If you don't do something your still going to out on the Corinth Road by Sherman Island Road. Your going to have cars from whatever how many houses they build coming right by you and that is going to be an impact. I counted the houses between Sherman Island Road and the Northway on that side of the street how many would you guess there are all the way down to the river? Supervisor Brandt-How many? Mr. Brewer-Guess. A hundred and seventy seven in a two mile area. They are putting a hundred sixty three in two hundred acres, think about it. Supervisor Brandt -Your roads feeding in though feed in a lot of, you know VanDusen.... Mr. Brewer-I just counted one side of the street Mike. It's going to double the density on that side of the street so it's going to have an impact. If you got to wait for that many cars or whatever to go by there is going to be a problem. I just think there is a solution there and the Town should consider it. Supervisor Brandt-Okay. Councilman Goetz-Paul you mentioned the Board had some questions about Hudson Pointe when would you have those answers? Wasn't one of them about the Warren County Planning Board, I had that down to ask you? Attorney Dusek-I hope to have everything digested and hopefully everything completed by next Monday. APPROVAL OF AUDIT OF BILLS RESOLUTION NO. 556, 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 approves the Abstract appearing on September 27th, 1993 and numbering 93350301 through 93374100 and totaling $370,331.49 is hereby approved, and BE IT FURTHER RESOLVED, that Vendor Number 1402, Tabner, Laudato and Ryan was pulled for further approval by the Town Board. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Abstain: Mrs. Goetz Vendor #000275, Mr. Caimano, vendor #000127 RESOLUTION ENTERING INTO EXECUTIVE SESSION RESOLUTION NO. 557,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss the following. One matter collective bargaining contract -labor matter, one matter leading to hiring an outside expert, and one matter in current litigation. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION 558, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None RESOLUTION RETENTION OF SERVICES BRUCE CAZA RESOLUTION NO. 559,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Mr. Bruce Caza to perform appraisal services of an easement area for Hovey Pond, and BE IT FURTHER RESOLVED, that the cost of services shall not exceed $300.00 and shall be paid for from the appropriate Recreational Department Account. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None RESOLUTION PAYMENT OF VENDOR RESOLUTION NO. 560, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the payment of Vendor # 1402 outside of Audit and hereby authorizes the bill to be paid. Duly adopted this 27th day of September, 1993, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury