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1998-11-02 REGULAR TOWN BOARD MEETING NOVEMBER 2, 1998 7:05 P.M. RES. # 408-421 BOH RES. #52-53 BOARD MEMBERS PRESENT DEPUTY SUPERVISOR RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER BOARD MEMBER ABSENT SUPERVISOR FRED CHAMPAGNE TOWN COUNSEL Mark Schachner Ben Pratt TOWN OFFICIALS Rick Missita, Deputy Highway Superintendent Chris Round, Director of Community Development Dave Hatin, Director of Building and Codes Henry Hess, Controller PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY DEPUTY SUPERVISOR MERRILL Deputy Supervisor Merrill called meeting to order... first on the agenda, a resolution calling for the Queensbury Board of Health... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 408, 98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 2nd day of November, 1998, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES: None ABSENT: Mr. Champagne QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - JOHN & KATHLEEN SALVADOR NOTICE SHOWN 7:06 P.M. DEPUTY SUPERVISOR MERRILL-This is a public hearing this evening on a request for a holding tank by John and Kathleen Salvador. Would anyone like to comment on this? John? MRS. KATHLEEN SALVADOR-John is going to let me start this evening. This box contains a lot of research that people thought we should be doing on the cabin. I think especially Mr. Merrill who thought that we were going to be building simply a toilet. As my family and all my friends know, I'm a great catalog shopper. That's what I do. I don't run to stores except to market. When we were looking for furniture for the cabin, I was going through this Whispering Pines catalog and it has furniture for cabins, hide-a-ways, what have you and I came across a piece of furniture that I thought was really, really nifty for our cabin. It is upholstered in a handsome brushed brown suede with braided fringe and embroidered sentiment. The sentiment on it is, 'Welcome to the Cabin'. This is our first piece of furniture for our cabin. We thought we'd bring it tonight to show you that it's going to be more then just a bathroom. Our research. MR. JOHN SALVADOR -Usually you bring along a little plot plan or something for show and tell to one of these presentations. I came upon this get away, Dunhams Bay, an advertisement that puts us in the league with southern Lake Champlain. It talks about location, location and then finally, Dunhams Bay and plan your get away with Dunhams Bay. So what I've done is I sort of superimposed on this a sketch of our project and give you some idea how it would fit into the landscape. I would put it on the easel but I don't see it here tonight. This hearing is being held because the Director of Building and Codes continues to refuse to issue a building permit for a three hundred square foot hunting and fishing cabin to be located on our one acre waterfront residential lands. His refusal is based on his termination that we need a variance approval from this board which will allow a septic holding tank to be used in lieu of a conventional onsite wastewater disposal system as is otherwise required by the Queensbury Town Code. Queensbury Sanitary Sewage Disposal Ordinance Number 52 and it's subordinate ordinance, Chapter 136 part 1, Sewers and Sewage Disposal Systems and particularly Sections 136-11A allows for the consideration of the use of a septic holding tank where seasonal occupancy is anticipated. However, only on a case by case basis. This public hearing is to evaluate the circumstances which we maintain necessitate the need for a septic holding tank and the conditions under which a septic holding tank may be permitted on our site. This site where we desire to construct a three hundred square foot hunting and fishing cabin is a three acre parcel zoned one acre waterfront residential is part of one of the town's vessel regulation zones as defined in Ordinance 35, excuse me 34A which same part is classified as an APA deep water marsh, is totally within the Lake George Park Commission's designated critical environmental area which is, as you know, five hundred feet, all lands five hundred feet from the shoreline. That shoreline is spelled with a small s, the shoreline of Lake George that is. Is partially within the DOT's maintenance jurisdiction for Route 9L and the non- conforming commercial activities thereon presently operate in accordance with an array of permits from such organizations as the Town of Queensbury, the DEC, the DOT, the DOH, the DMV, the AP A, the Army Corp. of Engineers, the Fish and Wildlife Federation, ecetera, ecetera. However, the New York State Office of General Services finds that a grant of easement for the use of the flooded lands between the mean low water mark and our property boundary to the north, is not required. A brief time line of events which brings us to this hearing had it's beginning, the middle of June of this year when we explored the procedural requirements for a permit to build a three hundred square foot hunting and fishing cabin on our lands, on tax parcel 4-1-11 and above three hundred and twenty point two feet above mean sea level. Because of obvious site constraints we were told that the management of wastewater in whatever form would require a variance from the Queensbury Town Local Board of Health. The obvious site constraints deal of course with the fact that all of our property comprising tax parcel 4-1-11 is within one thousand feet of the shoreline of Lake George. Again, small s. We applied for septic variance on June 24th, 1998, which variance was for the use of a septic holding tank. Our application was delayed through July and we wrote the Director of Community Development on August 4th asking for clarification and expediting of our application. Mr. Hatin replied on August 5th that because our project constituted new construction, it could not be approved with a holding tank. We applied on August 10th agreeing that our project does indeed constitute new construction but that our project is also of a seasonal nature, is non-residential and is not a home and no residence is intended for, to be located at this site. We appealed Mr. Hatin's determination to the Town Local Board of Health on October 27th, suggesting a September 19th public hearing date. That date could not be meant and the date was set for October 5th at which time Mr. Hatin's determination was reversed, that is indeed our project could qualify for a septic holding tank. On October 5th, we held that public hearing. Tonight, we're here to establish the basis that are project qualifies for a septic holding tank and does not need a variance from the Queensbury Town Ordinance Number 52 or Section 136-11A . Conventional or even recognized alternative wastewater treatment systems at this site can not meet the requirements of the town sewer and sewage disposal ordinance, Section 136-2 which governs the requirements for residential septic systems. These site specific difficulties deal primarily with the second stage of sewage treatment that is the subsurface filtration and infiltration of septic effluent to the groundwater. Town Ordinance Number 136 requires that the natural ground intended for the leaching facility must have a minimum depth of three feet of usable soil above bedrock, a minimum depth of three feet of usable soil above impervious materials or a minimum depth of three feet of usable soil above the maximum high seasonal groundwater providing the leaching facility is within a thousand feet of shoreline of Lake George, Section 136-9 of the Queensbury Code. As mentioned previously all of the land comprising tax parcel 4-1-11 is well within the one thousand feet of Lake George, the depths to impervious materials, bedrock and consolidated clays and the maximum high seasonal groundwater require an investigation and location relative to the bottom of the infiltration device. The most critical, difficult and restraining of the special standards enumerated in Section 136-9 is that of the measure of high seasonal groundwater. In fact, the present topography of all of the land on tax parcel 4-1-11 above the mean high water mark of three twenty point two above mean seal level lands itself to a natural stormwater catchment for the state and local highways in the area. This, even though the land is slightly above the one hundred year flood level, see Section 136-11-B4. The groundwater level during the April to June period of the high seasonal water level determination has been observed to be at or above existing grade in this area. There is actually ponding in this area. Mechanized lawn mowing is near to impossible in the early spring months of April and May. We submit that the high seasonal ground water level at our site is a special condition which this board needs to find in order to grant a variance as defined in Section 136-18A1. With respect to the Town Zoning Ordinance, a three hundred square foot hunting and fishing cabin is an allowable use in the one acre waterfront zone. The town has in recent years passed numerous changes to it's one acre and three acre waterfront zoning and never has this use, that is the three hundred square foot hunting and fishing cabin been a topic of concern or controversy let alone being an issue recommended for change. The final draft of the Town's Comprehensive Land Use Plan due for public hearing next week makes no recommendation for change or deletion of this allowable use. That is, it appears the Queensbury Town Zoning Ordinance will continue to allow a three hundred square foot hunting and fishing cabin in what might otherwise be termed a limited use waterfront residential zone. With respect to the town's sewers and sewage disposal codes, Section 136, a holding tank at first glance is not evened governed by said residential septic system code. The applicability of 136 is outlined in Section 136-2 is to all residential sewage disposal systems. Further, that it shall be unlawful for any person to cause to be discharged within the town any sewage except by systems designed, installed and approved in accordance with the requirements of this part 1. Again, only systems are allowed. A holding tank is not considered a residential system. The same holds true with part 1, on-site sewage disposal systems which was adopted by the town as Ordinance 52 in 1982. However, Section 136-11, entitled Holding Tanks was added to the sewers and sewage disposal ordinance as that ordinance pertains to residential septic systems. Section 136-11A added to the Queensbury Town Code in 1989 states in reverence part that. In cases where a sewage disposal system is needed for seasonal operation the use of a holding tank will be considered by a case by case basis. Holding tanks however will not be allowed for year round usage on a permanent basis except for replacement of existing systems when no other alternative will meet existing design standards. For obvious reasons, we have included a toilet facility in our three hundred square foot hunting and fishing cabin. Because of this feature a sewage disposal system is needed. Because we have a site constraint of high seasonal groundwater and because the three hundred square foot hunting and fishing cabin can be limited to seasonal use only, that is less then nine months according to the Queensbury Town Zoning Ordinance, the use of a holding tank can be considered on a case by case basis. A three hundred square foot hunting and fishing cabin, an allowable use in a one acre waterfront residential zone equipped with a two thousand gallon septic holding tank represents an ecologically sound use of our waterfront residential lands and passes the restrictive environment tests necessary to protect the waters of Lake George. In addition to satisfy the requirements of the Town Ordinance Number 52, Section 136-7 of the town's sewers and sewage disposal ordinance and appendix 75A of the public health code, a septic holding tank variance in this case can be permitted for the following reasons. Chapter 136, Section 136-2 pertains to all sewage disposal systems within the town. A septic tank is not a waste disposal system, conventional, alternate or otherwise. Chapter 136 does not govern the use of septic holding tanks. This three hundred square foot hunting and fishing cabin is an allowable use in an one acre waterfront zone, is to be limited to seasonal use. This three hundred square foot hunting and fishing cabin is not a home. It is not a year round residence and it can not support a household. If this variance application is approved, a variance from Section 136-11-B 12, 13, 14, 15, and 17 will be required because since this three hundred square foot hunting and fishing cabin will utilize DC powered generated from chemical reactions, that is batteries, solar radiation absorption panels and wind driven generators, the level controls will not cut off any domestic source of drinking water, since it's required that they be on a hundred and twenty bolt AC system. So we would seek a variance from that requirement. We've asked to come here, we're actually, we're appealing Dave Hatin's determination that a septic holding tank can not be permitted for this project. We think it's well within his power to grant this building permit using a holding tank for all the reasons stated in my presentation. I did receive a copy of a letter that the Town Attorney wrote Brian Fear the end oflast week. I don't know if you received an answer to that letter? COUNCILMAN TURNER-I don't have one. Do you have one? MR. SALVADOR -You have not received an answer? COUNCILMAN TURNER-No. MR. SALVADOR-Okay. Well, there's no sense in addressing it then. I have, there's some clarifications that need to be made with regard to your letter to the Health Department. In all cases, we're appealing from Dave Hatin's decision. We are appealing from the Queensbury Town Ordinance. We don't see that the Health Department in any way is involved in this, should be involved in this. But because of the high seasonal ground water, there is no way, there is no way to site a conventional or approved alternate septic system on this property. DEPUTY SUPERVISOR MERRILL-Are there any other comments from the audience? Staff? DAVE HATIN, DIRECTOR OF BUILDING & CODES-Mr. Salvador spoke for fifty minutes very eloquently, unfortunately. DEPUTY SUPERVISOR MERRILL-Dave, if you could? MR. HATIN, DIRECTOR OF BUILDING & CODES-Dave Hatin, Director of Building and Code Enforcement. Unfortunately, Mr. Salvador misquoted parts of the ordinance and I think the board should have the full meaning of the ordinance before they make a decision. He first starts out by questioning the applicability of the sanitary sewage ordinance to his holding tank. Section 136-2, the first sentence which he failed to mention the whole sentence, says, part 1 shall govern the disposal of sewage, it doesn't get into what type of system and then it goes on to say, and the design of all sewage disposal systems. So I think therefore the board does have authority here to grant or deny this variance for the holding tank. He also, in Section 136-11A misquoted that. He quoted the old section which has since been amended as of 1997 by Local Law Number 4 of 1997 which states that holding tanks are prohibited unless a variance is granted for a holding tank by the Local Board of Health pursuant to the variance provisions of 136-18, therefore all holding tanks are governed by the Town Board under a variance situation. It doesn't get into type of use or any type of use and we specifically did not put that in the language because Betty Monahan wanted to make sure that the board looked at all holding tanks, whether they were seasonal or year round. So just so that the board has a clear understanding of what the ordinance says, I feel you do have the authority to make a decision tonight and that Mr. Salvador is incorrect in some of the statements. MR. SALVADOR-But I'm quoting from what was handed out to me by your staff. Well, I picked this up in your office, that's what I'm MR. HATIN, DIRECTOR OF BUILDING & CODES-Obviously, he had an old copy of the ordinance and not the updated copy. COUNCILMAN IRISH-Dave would you, can he build this without, with a conventional system at all? MR. HATIN, DIRECTOR OF BUILDING & CODES-Without having seen some type of design for a conventional system, we did some guesstiments the other day looking at this and I would say he might need some variances in order to do that. What they would be, we wouldn't know until we had some determinations on, as John said, seasonal high groundwater, depth to bedrock and set backs from the lake and perk rates. COUNCILMAN IRISH-Weren't you going to do perk rates at point in time up there? MR. SALVADOR-That was for another project. COUNCILMAN IRISH-Oh. COUNCILMAN TURNER-That was on the other side of the road. MR. SALVADOR - I mean this, if you walk this area, believe me, in the spring, we can't even mow the lawn with a tractor. I mean it won't, it ponds, the water ponds and it comes from the road, it's just sheet drainage right off the road, the town road and the state road. There's no drainage control, no ditch there, no nothing. DEPUTY SUPERVISOR MERRILL-Any other comments from staff? Chris do you have any comments on this? CHRIS ROUND, EXECUTIVE DIRECTOR-No. DEPUTY SUPERVISOR MERRILL-We have requested clarification from State DOH to determine if they do have jurisdiction or not on this matter, we need to clarify that. We've not received a response on that letter, yet John. I think it might be appropriate to keep the public hearing open until we do hear from the State. COUNCILMAN IRISH-I guess my question is, why did it take until October 30th to generate a letter to the State which is less then five days ago when the meeting was two weeks ago and we knew John was going to come back? MR. HATIN, DIRECTOR OF BUILDING AND CODES-I can probably answer it for you. Basically it came out of discussion we had Friday when we were going over this to look at the legalities of it and I think it was the general consensus of the four of us sitting there, the Town Attorney, Mr. Merrill, Chris and myself that we should get a further clarification from DOH because their letter, as you read it, can be more argumentative. MR. SALVADOR - Well, I can't understand why you would get the DOH involved at this point. When you adopted these sanitary, the first sanitary ordinance as long ago as 1982, I mean you referenced the State Sanitary Code. It seems to me whatever the town has done by way of adopting local regulations, they have to be consistent with State Law otherwise they're not legal and illegal laws are unenforceable. COUNCILMAN IRISH-If the state had jurisdiction over it, you would have to get their approval anyway, wouldn't you? MR. SALVADOR-If the state indeed had jurisdiction over it, I would have to get their approval. COUNCILMAN IRISH-So, it doesn't matter what we do. Ifwe approve it and they have jurisdiction and they say sorry, MR. SALVADOR-I'm compelled to go wherever I have to go to get all the permits I would need to do this. I understand that's my obligation. COUNCILMAN IRISH-Okay. DEPUTY SUPERVISOR MERRILL-Any other comments? From the board? We do have a resolution before us approving the sanitary disposal variance and I think it's appropriate we call the vote. MR. SALVADOR-Excuse me. I just got a copy of that resolution tonight. COUNCILMAN IRISH-Yea, I wanted MR. SAL V ADOR-I have some questions with regard to it. DEPUTY SUPERVISOR MERRILL-Okay. MR. SALVADOR-In the first whereas, we talk about previously filed a request. We have filed a request for a variance and it's, you know, a variance from the provisions of what? It' really difficult to understand if you look at these various ordinances and laws. The onsite sewage disposal ordinance is that, I question that the words, onsite sewage disposal ordinance are proper. Is that what we're seeking a variance from? COUNCILMAN IRISH-Isn't a holding tank part of that provision, though? MR. SAL V ADOR- Well, we've always talked about this Section 136-11, that's a part of, it starts with title 1, it's, yea, it's the Town of Queensbury Onsite Sewage Disposal Ordinance. Such ordinance requiring COUNCILMAN IRISH-That's what you're asking relieffrom though, isn't it? MR. SALVADOR -Yea, I guess, according to this copy I have here. It doesn't say ordinance here, mine says systems. Mine says onsite sewage disposal systems. You call it here an onsite sewage disposal ordinance. COUNCILMAN IRISH-We may have changed the title in 1997 when they updated. MR. HATIN, DIRECTOR OF BUILDING AND CODES-No, it's remained the same. I think it's just the way it's always been written by the attorney's office. MR. SALVADOR-But it's very important because the ordinance encompasses the systems. I don't think you have an onsite sewage disposal ordinance, this town, I don't think you have one. DEPUTY SUPERVISOR MERRILL-I guess I turn to our attorney for legal opinion on that. MR. SALVADOR -You have a sanitary sewage TOWN COUNSEL SCHACHNER-I think we just heard both the applicant and Mr. Hatin read off a title that was onsite sewage disposal ordinance. If Mr. Salvador is suggesting that the resolution should state that he seeks a variance from something that he calls the Town of Queensbury Onsite Sewage Disposal System, that would not make sense to me because I don't think he seeking a variance from a system. He's seeking a variance from an ordinance. I wouldn't get too hung up over this. I mean, this is just the title of the ordinance and as Dave says, this is the way it's been referred to since before we ever came on board. This is just in the whereas, just stating what he seeks a variance from but I do think it's accurate for what it's worth. DEPUTY SUPERVISOR MERRILL-Thank you. MR. SALVADOR - Well, I don't know if this remains the same but I have here a piece of paper, it says Chapter 136, Sewers and Sewage Disposal and it says part 1, Onsite Sewage Disposal Systems. DEPUTY SUPERVISOR MERRILL-But that is an ordinance, isn't it? COUNCILMAN IRISH-Chapter 136 of what? MR. HATIN, DIRECTOR OF BUILDING AND CODES-Town Code. COUNCILMAN IRISH-Town Ordinance. MR. SALVADOR-Town Code. DEPUTY SUPERVISOR MERRILL-I think we're getting hung up on semantics. COUNCILMAN IRISH-It's all encompassing. MR. HATIN, DIRECTOR OF BUILDING AND CODES-I think it is semantics. DEPUTY SUPERVISOR MERRILL-It's quite meaningless semantics is what we're talking about. MR. SALVADOR-Oh, I MR. HATIN, DIRECTOR OF BUILDING AND CODES-Just so the board understands, when all the codes for the town or the ordinances and local laws were codified back in 1990, or 89, they were individual ordinances and local laws, they were all combined under what we now call the code. So, I think it's semantics. I think we're all talking apples and apples here, it's just what Mr. Salvador wants to call it versus what we call it. MR. SALVADOR - Well, I'll tell you something, I have tried to go through this systematically and find out where what fits, it's near to impossible. The redundancies in this document, the, it's just incredible. I have, I fail to see how this document encompasses a, reference that it makes to an onsite sewage disposal system adopted in 1982, that's a part of this system and yet it's not written here at all, 1982. It's a part of it, it's part 1. DEPUTY SUPERVISOR MERRILL-Well, John, I think I'd have to go with the legal definition of an ordinance versus that of a system. A system to me is a COUNCILMAN TURNER-Is an installation. DEPUTY SUPERVISOR MERRILL-Installation that does something. An ordinance is a law and that's what we're talking about here. Code, the regulations, the law that you're seeking a variance from. MR. SALVADOR - Well then it should read, then it should read, Sewers and Sewage Ordinance Number 136. That's what it should read. COUNCILMAN IRISH-Is that the title of the chapter? MR. SAL V ADOR- That's what the title of this, Sewers and Sewage Disposal, part of Section 136. COUNCILMAN IRISH-Instead of onsite? So just MR. SALVADOR-Yes. COUNCILMAN IRISH-So just leave out, can we just leave out onsite? TOWN COUNSEL SCHACHNER-If you want. DEPUTY SUPERVISOR MERRILL-I'll refer to the attorney, what should that read? TOWN COUNSEL SCHACHNER-What should it read? DEPUTY SUPERVISOR MERRILL-According to Mr. Salvador. TOWN COUNSEL SCHACHNER-I can't tell you what it should read according to Mr. Salvador. Anything DEPUTY SUPERVISOR MERRILL-Following up on his suggestion, how do we clarify this? COUNCILMAN IRISH-Just leave out onsite. TOWN COUNSEL SCHACHNER-That's fine. You could say from Chapter 136 of the Queensbury Town Code or you can leave it as it reads. It really makes no difference at all. MR. SAL V ADOR-I would like Chapter 136, I think that's what I've been working from. DEPUTY SUPERVISOR MERRILL-Let's include from Chapter 136. COUNCILMAN IRISH-And leave out the onsite? DEPUTY SUPERVISOR MERRILL-And leave out the onsite. MR. SALVADOR-Very good. DEPUTY SUPERVISOR MERRILL-Okay, next item. MR. SALVADOR-Then, resolve at the bottom of the page it says due to the nature of the variance, I think it's really the nature of the septic holding tank application it is felt that the use will not be materially detrimental. Due to the nature of the septic holding tank application, it is felt that the use will not be materially detrimental. DEPUTY SUPERVISOR MERRILL-But you have not made a septic tank application, you've made a holding tank application. MR. SAL V ADOR-A septic holding tank, excuse me. Septic holding tank. DEPUTY SUPERVISOR MERRILL-Again, legal opinion, is that TOWN COUNSEL SCHACHNER-This is just a standard language that's been in every variance you've ever dealt with. I don't see any reason to change it. If you want to change it, you can. I don't think the second suggestion is legally appropriate because the determination you're supposed to make is actually whether the variance will be materially detrimental, not the use. The other, the first, is just semantics. DEPUTY SUPERVISOR MERRILL-I would support the first one, the second one I'll have to go with legal opinion on that. MR. SALVADOR-The second page, C, the Local Board of Health imposes a condition upon the applicants that they must secure the approval of the State Department of Health or written determination, ecetera. It's my understanding that I have an obligation to get all the approval necessaries to do a given project, whatever the project is. That is in your code and I don't think it DEPUTY SUPERVISOR MERRILL-That may be redundant John, but it's still best to spell it out so there's no misunderstanding. Then we both know about what we're doing. COUNCILMAN IRISH-Do we do that with everybody that comes before us? MR. HATIN, DIRECTOR OF BUILDING AND CODES-It's standard language. DEPUTY SUPERVISOR MERRILL-It's standard language. TOWN COUNSEL SCHACHNER-Except, just to clarify, the italics part, the new part, or a written determination of non-jurisdiction is actually new and partially ironically as a result of Mr. Salvador's own questioning of a previous decision. But it did, all the variances that have previously been granted by this board did include the language imposing the condition to get approval from the health department, that's correct. MR. SALVADOR-No, it hasn't been the practice of this town in it's granting of building permits to satisfy itself, the town, the code enforcement officer that the applicant has gotten all permits required before the building permit is issued. If that's the case, if that's what's being done with all other applicants, I want to live by the same rules. But I think I'm being singled out here. I, I, it doesn't look like I'm going to get a building permit until somebody determines that I've got all the other approvals required and I think, I'll tell you something, I've got a better idea of what's required then I think some of the people in our zoning office. But, if that's the way it's done, I'm willing to live by it but if that's not the common practice, I don't think it should be imposed upon me. DEPUTY SUPERVISOR MERRILL-The first part of the statement is standard practice, or a written determination of non-jurisdiction from that agency, that's a new input and we're trying to determine if they do have jurisdiction or not. We don't know. MR. SALVADOR-Okay, all right. DEPUTY SUPERVISOR MERRILL-And I think it's a reasonable thing to request. MR. SALVADOR-Okay, and be it further resolved, this property does not have a mailing address. Since we're not expecting that this hunting and fishing cabin will be used a residence, there would be no reason to have a mailing address. So, simply situated on tax parcel, 4-1-11 is all that's necessary. COUNCILMAN IRISH-I think you need one for 911 though, don't you? MR. SAL V ADOR- That's the tax parcel, I guess, I don't know. COUNCILMAN IRISH-Yea but I think, for 911 system, you need to have a mailing address. COUNCILMAN TUCKER-A number of something. MR. HA TIN, DIRECTOR OF BUILDING AND CODES-There are numbers available for every tax parcel within the town. MR. SALVADOR-So that's efficient, the tax parcel? MR. HATIN, DIRCTOR OF BUILDING AND CODES-Well right now, because we don't know the location of the cabin it's been given your Dunham's Bay Lodge number, I believe. MR. SALVADOR-That's the applicant but not the, not the location of the project. MR. HATIN, DIRECTOR-Well, that would be correct. MR. SALVADOR-Okay. DEPUTY SUPERVISOR MERRILL-It sounds like it would be appropriate to delete that 2999 State Route 9L. MR. SALVADOR-Yes, okay. DEPUTY SUPERVISOR MERRILL-Because that's not where it's going to be. MR. SALVADOR-Okay, down below, further be resolved in all those italics, it is a septic holding tank for the private use of the applicants only. I would expect that we as the owners of this property would be able to use this septic tank and friends and guests and visitors who come there use it as well just as any other resort or recreation, camp type property is, functions. I mean, what do you do if you have a small camp up on Cleverdale and you're friends come, are you limited to the, are they excluded from the use of your toilet? COUNCILMAN IRISH-I've got, when I read through it, I've got a problem with the way that's worded for a couple of reasons and one, it's unfortunate, Fred is not here tonight because he's a hunter but I've hunted with a group of thirty or forty guys and if the only ones that could have used the facilities were those on the application for the lease from IP, the rest of us would have been pretty upset. I don't think that that, the first resolve even belongs in this resolution. MR. SALVADOR - I think if it read something like DEPUTY SUPERVISOR MERRILL-Should we strike that? MR. SALVADOR - I think you can leave it if it reads as follows, the septic holding tank shall be in conjunction with the seasonal use of their proposed three hundred square foot hunting and fishing cabin. COUNCILMAN TURNER-Yea, that's right. COUNCILMAN IRISH-Yea, agree. MR. SALVADOR-Okay. The second italic there, the holding tank facility shall not be available to the general public or to customers or guests of Dunham's Bay Lodge. This facility, the land firstly is zoned residential. This facility is being built by my wife and I as landowners, private individuals, nearby residents. It's my understanding, we would never, first of all open it to the general public. The customers and guests of Dunham's Bay Lodge have all the sanitary facilities they need, they're required by law between the health department, the AP A and the Park Commission. They're all in place, there's no need for any of them to use any of this. Not only that, this is, this hunting and fishing cabin is clear to me as a non- commercial use. I would not expect that we could advertise the subletting of this cabin through our business. I wouldn't expect that. DEPUTY SUPERVISOR MERRILL-So this really clarifies it long after you're gone, John. You may never do this but I think this doesn't hurt to have it on the record if it's non-commercial. It's not there for rental purposes. MR. SALVADOR-But that could change some day. The zoning could change some day. DEPUTY SUPERVISOR MERRILL-True. MR. SALVADOR-Okay. DEPUTY SUPERVISOR MERRILL-But if it didn't, if somebody purchases the property, does this become a commercial rental unit? MR. SALVADOR-If the zoning is changed to whether this becomes a commercial unit then the person who holds it, whoever it is should enjoy the privilege of that rezoning. DEPUTY SUPERVISOR MERRILL-Okay. MR. SALVADOR-Okay? I can tell you that, I understand that it would be a violation of the spirit and intent of the granting of any permits or variances for this hunting and fishing cabin if we were to try to market it's use through the business we now maintain on Dunham's Bay. I understand that but as one of my neighbors may want to sublet their dwelling, house, camp, whatever you want to call it for two weeks in the month of July, as a private individual, I can do that. I can do that, as a private individual but as Dunham's Bay Lodge, never. Never, that would be a violation. I understand that. But, you know, I can show you, I mean the residential property is being rented, you know, by the day, by the week, by the month up there. COUNCILMAN IRISH-But this says as guests of Dunham's Bay Lodge. So it really doesn't effect John Salvador. DEPUTY SUPERVISOR MERRILL-It's to the general public or customers or guests of Dunham's Bay Lodge. MR. SAL V ADOR- Why not the ABC Motel? MR. HATIN, DIRECTOR OF BUILDING AND CODES-Can I interject something here? This is supposed to be a hunting and fishing cabin, there are no kitchen facilities. COUNCILMAN TURNER-There's nothing in it for MR. HA TIN, DIRECTOR OF BUILDING AND CODES-There's no way to cook. If he's going to sublet this out, where are these people going to eat, where are they going to shower, and so on. MR. SALVADOR -You're right, it would be extremely difficult to attract anyone to rent it. But be that, they can bring a Coleman Stove and cook. Okay? They can cook on the lawn, people do that every day. DEPUTY SUPERVISOR MERRILL-Does it make sense to strike it, then? MR. SAL V ADOR-I think it imposes a restriction that would be virtually impossible for the town to enforce and it is not, our understanding is that this is a non-commercial use and we would in no way, in no way try to leverage it's use through Dunham's Bay Lodge. That is not our intention and we understand that that would be a violation of the existing ordinances, existing. COUNCILMAN TUCKER-I'll agree then. TOWN COUNSEL SCHACHNER-Yea, I mean, based on the applicant's representation it seems that proposed condition number 2 seems very appropriate, I think. It's very consistent with what he's saying. I might add that going back to number 1, I think he made a good point about his guests but he keeps stressing that it's a private use non-commercial use and if the board is inclined to be persuaded to, in that direction, then it might be appropriate to leave the language that was previously in number 1 but add the words, and their guests because I think Mr. Salvador had a good point there. So that it would say, the holding tank shall be for the private use of the applicants and their guests in conjunction with ecetera, ecetera. I think, from what I understand the board's previous concerns, you want the notion that it's private as opposed to commercial use in your approval. You might even want to say private non -commercial use of the applicants. COUNCILMAN IRISH-And their guests. TOWN COUNSEL SCHACHNER-Yea, yes correct. DEPUTY SUPERVISOR MERRILL-Is that going to work? MR. SALVADOR - Well, then I come back to the point that some day the zoning might be changed to where commercial activities are allowed. Then would commercial activities at this cabin be precluded, if that's the case? TOWN COUNSEL SCHACHNER-Until somebody sought a modification of the approval, just as, I mean that's true in any contents of any town approval for any residential use. If something changes in the zoning and somebody subsequently installs a commercial use, they have to come back and seek a modification. MR. SAL V ADOR-I just don't think, from all I've heard, I don't think it's the town's practice to grant permits for residential type use construction and overlay on the permit the fact that it's for non-commercial use. That is understood in the ordinance, it would be redundant, it's just not done and I don't think it should be done in our case. I don't think we should be singled out. We have a full understanding of the law. We are, remember, if we start to use that thing in the commercial capacity it comes under the jurisdiction of the health department, anything that we do and that COUNCILMAN TURNER-To begin to even use it after you get it up with the toilet, just a toilet on, you have to come back and do the whole thing all over to do any other way. MR. SALVADOR-Yea, that's my understanding. DEPUTY SUPERVISOR MERRILL-What's the feeling here? Should we delete these, modify them or leave them as is? COUNCILMAN IRISH-I don't, I think if you modify the first one the way to read that the thing shall be conjunction with blah, blah, blah but I would strike the second resolve. DEPUTY SUPERVISOR MERRILL-Is that acceptable, John? MR. SALVADOR-As I read the first one, the septic holding tank shall be used in conjunction with the seasonal use of their proposed three hundred square foot hunting and fishing cabin. I would agree to that as number 1 and strike number 2. TOWN COUNSEL SCHACHNER-It's entirely up to the board. You're losing out, you're losing your concept of private and non-commercial if you do that but that's up to you. If you don't want them in there, that's fine. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Can I just impose a COUNCILMAN IRISH-You know, I don't, I don't have a problem with that particular aspect of it. I've got a problem with having an applicant come in here and grill them as to what his true intent is for something. If we as a Town Board have to sit here and grill every applicant that comes in as to, we know what your applicants but what are your true intentions with this piece of property. You know, I think that's not a good way to do business and I don't think we should be involved in that. If Mr. Salvador comes in and says I'm going to use this for private personal use and if my guests come along and they want to stay in here during hunting season or fishing and they're going to use it too, I don't have any problem with that. But I don't think that we need to sit up here and you know, put them through a wringer as to what's your true intentions up there, John. Is it going to be another camp when you get all done, you know, I don't think that's what we were elected to do, so. DEPUTY SUPERVISOR MERRILL-Okay, the feeling we should strike and leave it as John has read it. Some of this is some what redundant. It's for seasonal use. MR. SALVADOR-Right, the crux of the whole thing. DEPUTY SUPERVISOR MERRILL-It's recognized by definition and by zoning that it is for personal use, by current zoning. MR. SALVADOR-Absolutely, and personal use includes visitation. DEPUTY SUPERVISOR MERRILL-Yes, and guests. MR. SALVADOR-Okay? DEPUTY SUPERVISORMERILL-Yes. MR. SALVADOR-Okay. COUNCILMAN TURNER-And the permit will spell it out. The permit spells it out. Once he gets a permit, it's a seasonal dwelling. MR. HATIN, DIRECTOR OF BUILDING AND CODES-I think the underlining question is here, is Mr. Salvador going to allow guests at his lodge stay here and then use his lodge for the rest of their facilities? I think that's the underlining issue. I wasn't aware these were put in until tonight. But that seems to be the underlining factor, here, you might as well put it on the table. MR. SALVADOR-Believe me, what we're required to furnish our lodging guests for what we charge for a daily rate, they would never tolerate staying in this three hundred square foot, first of all, we don't have a room that small. COUNCILMAN IRISH-Even with that nice foot stool, John? MR. SALVADOR -Yea. We don't have a room that small, number one. The rooms are air conditioned, they're heated. MRS. SALVADOR-Color, cable TV's. MR. SALVADOR-Colored cable TV's, telephones. MR. HATIN, DIRECTOR OF BUILDING AND CODES-No cable here? DEPUTY SUPERVISOR MERRILL-Shall we then move along? MR. SALVADOR-Hunting and fishing cabin, you don't need television. DEPUTY SUPERVISOR MERRILL-Shall we move along. We agree to seasonal use? COUNCILMAN TURNER-Yea. COUNCILMAN IRISH-Yea, I don't have a DEPUTY SUPERVISOR MERRILL-For the applicants and so forth, as John you put it. COUNCILMAN TURNER-Hunting and fishing cabin, the permit spells it out, seasonal use, anyway, right in the ordinance. DEPUTY SUPERVISOR MERRILL-And we'll strike number 2? COUNCILMAN IRISH-Yes. MR. SALVADOR-Number 3, I would propose that that sentence read, the hunting and fishing cabin may contain only those amenities associated with and commonly found in a seasonal hunting and fishing cabin. COUNCILMAN TUCKER-That could be anything, John. COUNCILMAN IRISH- Yea, doesn't your permit MR. SALVADOR-Commonly found in a hunting and fishing cabin. COUNCILMAN TUCKER-Commonly found is showers and toilets and cooking facilities and whatever. MR. SALVADOR-Do you substantiate his, you've been to a hunting COUNCILMAN IRISH-Not in anyone, I want to but, didn't your letter to the, the description of the camp to Brian Fear indicates that it would only have those two items in it. MR. SALVADOR-He said if, he said if I didn't have any. DEPUTY SUPERVISOR MERRILL-But if you include bathing and cooking facilities it becomes then an individual household and therefore you can not allow a holding tank. MR. HATIN, DIRECTOR OF BUILDING AND CODES-That's correct. COUNCILMAN IRISH-Or, yea, or it could be. DEPUTY SUPERVISOR MERRILL-According to Brian Fear. MR. SALVADOR -You can, he can't. DEPUTY SUPERVISOR MERRILL-But I'm following Brian Fear's interpretation. MR. SALVADOR-Okay, if I'm going to be constraint by the requirements of an agency who has yet to issue a permit, those restraints will be incorporated. But as I sit before you, I think that I can build a hunting and fishing cabin to meet the spirit and intent of your code that contains all amenities associated with and commonly found in a seasonal hunting and fishing cabin. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Can I make a comment here? If Mr. Salvador proposes cooking and bathing facilities then the determination the board made last month regarding my determination of new construction would be void, I guess because now he's proposing something that he wasn't back then. I think it's appropriate to leave that in there because that's just within line of what he asked for when he appealed my decision. DEPUTY SUPERVISOR MERRILL-And it's in line with the letter we have from DOH. MR. HATIN, DIRECTOR OF BUILDING AND CODES-And it's in line with the DOH letter. MR. SALVADOR-Okay. DEPUTY SUPERVISOR MERRILL-If we change that, John, then COUNCILMAN IRISH-Right. MR. SALVADOR-Let the DOH address that. MR. HATIN, DIRECTOR OF BUILDING AND CODES-But DOH will also know what this board ruled on and that is part of this. COUNCILMAN TURNER-John. MR. SALVADOR-They'll get a copy of this resolution. COUNCILMAN TURNER-John, you originally asked for just that one piece of equipment in there, period. You didn't say anything about any other amenities. MR. SALVADOR-Well, this says may contain a sink and toilet. There's no limit, it just COUNCILMAN TURNER-But you only specified one thing when you asked for that hunting and fishing cabin, you said that's all it will contain. MR. SALVADOR-No, I didn't ask, not when I asked you. DEPUTY SUPERVISOR MERRILL-But to the state you described it as a one room three hundred square foot hunting cabin with a sink and toilet. MR. SALVADOR-Brian said that, I didn't. Brian said that. DEPUTY SUPERVISOR MERRILL-I have to act on what the State DOH is stating. That's what I have to go with. MR. SALVADOR-He was writing that letter to me. You want to be bound by all the things he DEPUTY SUPERVISOR MERRILL-With copies to the Town Building Department. MR. SALVADOR -Yea fine, you want to be bound by what he DEPUTY SUPERVISOR MERRILL-Yes. MR. SALVADOR-Okay. Well, it may contain only a sink and toilet. Is that what you want to restrict this to? DEPUTY SUPERVISOR MERRILL-Obviously, that would rule out your stool and a few other things. TOWN COUNSEL SCHACHNER-It doesn't say only. Let's not get caught up in this, it doesn't say only. DEPUTY SUPERVISOR MERRILL-It says, may contain sink and toilet, shall not contain any cooking or bathing facility and that's COUNCILMAN IRISH-What about any permanent cooking or bathing facility? I mean, like John said, if you bring a Coleman Stove in or a charcoal grill or something, that's a cooking facility. Are you going to preclude MR. HATIN, DIRECTOR OF BUILDING AND CODES-And it changes the intent of the hunting and fishing cabin based on his own admission. COUNCILMAN IRISH-You hunt though, right? MR. HATIN, DIRECTOR OF BUILDING AND CODES-Yea, I hunt. COUNCILMAN IRISH-Do you eat when you go into camp? MR. HATIN, DIRECTOR OF BUILDING AND CODES-Yes, I do but we're also talking Mr. Salvador specifically asks for something not to be included in his hunting and fishing cabin so he can be determined not as a single family residence would be determined under the DOH regs. COUNCILMAN IRISH-Right but he's talking about permanent facilities. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Right. We're not, you can't take a hunting and fishing cabin that you and I are thinking about and apply it here because he is talking, he's asked for certain things to be eliminated from this. COUNCILMAN IRISH-Right. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Self imposed. MR. SALVADOR-All right well, strike the may contain and sink and toilet and just say simply the hunting and fishing cabin shall not contain any cooking or bathing facilities. DEPUTY SUPERVISOR MERRILL-Agreed. COUNCILMAN IRISH-Okay. DEPUTY SUPERVISOR MERRILL-Does that make sense to everybody? COUNCILMAN TUCKER-Yea. DEPUTY SUPERVISOR MERRILL-Next. MR. SALVADOR-Let's see. May I read the forth because we've been making some changes? Are you trying to, in number 4, are you trying to establish my construction schedule and my methods of construction? It says here, you know, I've got to do one thing before I do another. That might not be the optimum way to build this what we're going to build. It may not be what's finally approved. COUNCILMAN IRISH-WouIdn't you normally put the septic in before you did any construction? COUNCILMAN TUCKER-Not normally, no. COUNCILMAN IRISH-No? MR. HATIN, DIRECTOR OF BUILDING AND CODES-No. MR. SALVADOR-It depends on the construction. It depends on how things are done. COUNCILMAN TURNER-Yea. MR. SALVADOR-What's that? COUNCILMAN TURNER-I said you're right, it depends on the construction. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Typically, it would not be done. Typically the structure would be built then the system would be put in. MR. SALVADOR-This is not typical. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Well, you made it that way, John, that's for sure. COUNCILMAN TUCKER-When he gets the permit though, he has to submit a plan showing his septic system. MR. HATIN, DIRECTOR OF BUILDING AND CODES-That's correct. COUNCILMAN TURNER-That's right. COUNCILMAN TUCKER-Like anybody does, right? COUNCILMAN TURNER-That's right. MR. SALVADOR-And there's a criteria for the design of that system, there's a criteria. DEPUTY SUPERVISOR MERRILL-Should we delete, and substantially complete construction of the cabin? COUNCILMAN IRISH-I think so. MR. HATIN, DIRECTOR OF BUILDING AND CODES-He doesn't get a CO until both are complete so it doesn't really matter. COUNCILMAN IRISH-Right, right. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Unless it's going to take ten years to build it. COUNCILMAN IRISH-The permit is only good for two years. I found that out. MR. SALVADOR -You can get it renewed. DEPUTY SUPERVISOR MERRILL-So can we MR. SALVADOR-Ensure compliance that the holding tank shall not be installed until we apprise, I don't think we can start construction until we get all other permits, can we? COUNCILMAN TURNER-You can't. DEPUTY SUPERVISOR MERRILL-That all may be redundant. COUNCILMAN TURNER-Yes. MR. SAL V ADOR-I think you should strike 4. COUNCILMAN IRISH-He has to do that anyway. COUNCILMAN TUCKER-Yea he can't, he can't do a thing until he gets a permit. Correct? COUNCILMAN TURNER-He has to do it anyway, take it right out of there. MR. SALVADOR -You mean people begin construction in this town before they have all the necessary permits? COUNCILMAN TURNER-No. COUNCILMAN TUCKER-I know the only thing I can do is clear the lot and dig a hole. COUNCILMAN IRISH-It's easier to get them after it's built John. DEPUTY SUPERVISOR MERRILL-Okay, shall we strike 4, is that agreed? COUNCILMAN IRISH-Yes. COUNCILMAN TURNER-Yea, take it out. MR. SALVADOR-So I strike 4? DEPUTY SUPERVISOR MERRILL-Yes. MR. SALVADOR-Okay. DEPUTY SUPERVISOR MERRILL-Now, with all those changes and amendments. MR. HATIN, DIRECTOR OF BUILDING AND CODES-There's one you haven't considered and this is one I will comment on and I do feel very strongly about it and I don't think you should give a variance for it. Mr. Salvador has asked for a variance from the alarm requirements for the tank. Those were specifically put in there to make sure the holding tanks do not over flow, do not cause a health problem. He can do it out of a hundred twenty volts, if he wishes, there is ways to do it even if he wants the solar power. MR. SAL V ADOR-Oh, I understand. MR. HATIN, DIRECTOR OF BUILDING AND CODES-Okay. I don't think those requirements should be waved. MR. SAL V ADOR- The hundred and twenty volt, DC, AC requirement would be waved. DEPUTY SUPERVISOR MERRILL-You haven't requested that and that's not part of this. MR. SALVADOR-No, no. MR. HATIN, DIRECTOR OF BUILDING AND CODES-He did earlier state that he requested a variance from that. MR. SAL V ADOR-I will have to. COUNCILMAN IRISH-But that will be separate. DEPUTY SUPERVISOR MERRILL-But that will be a separate issue then. COUNCILMAN TUCKER-That won't have anything to do with us. MR. SALVADOR - Weare not intending to have public utilities supplied power to this building. DEPUTY SUPERVISOR MERRILL-But that will be a separate variance that you'll have to seek. MR. SALVADOR-Okay. COUNCILMAN IRISH-Right. MR. SAL V ADOR- That's understood. DEPUTY SUPERVISOR MERRILL-With that, are we prepared to call a vote on this. TOWN COUNSEL SCHACHNER-You left the public hearing open, you don't want to do that. DEPUTY SUPERVISOR MERRILL-The public hearing is still open? TOWN COUNSEL SCHACHNER-If you're going to vote, you have to close it. COUNCILMAN TUCKER-If the letter comes back that he's not supposed to get it, he won't get it and he can't do a thing. COUNCILMAN TURNER-Yea. DEPUTY SUPERVISOR MERRILL-Shall we close the public hearing? COUNCILMAN TURNER-Yea. COUNCILMAN TUCKER-Yes. PUBLIC HEARING CLOSED 8:02 P.M. RESOLUTION APPROVING SANITARY SEW AGE DISPOSAL VARIANCE FOR JOHN AND KATHLEEN SALVADOR BOARD OF HEALTH RESOLUTION NO.: 52,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, John and Kathleen Salvador previously filed a request for a variance from provisions of the Town of Queensbury Sewage Disposal Ordinance Town Code Chapter 136, such provision requiring that an applicant must apply for a variance in order to have a holding tank, and WHEREAS, Notice of Public Hearing was published in the Town's official newspaper and a public hearing was held concerning the variance request on November 2nd, 1998, and WHEREAS, the Town Clerk has advised that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the septic holding tank application, 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 applicants; and c) that the Local Board of Health imposes a condition upon the applicants that they must also secure the approval of the New York State Department of Health or a written determination of non- jurisdiction from that agency; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby grants the variance to John and Kathleen Salvador allowing a holding tank on property situated in the Town of Queensbury, New York, and bearing Tax Map No.4-I-II, and BE IT FURTHER, RESOLVED, that this authorization is subject to the following conditions: 1. The septic holding tank shall be in conjunction with the seasonal use of their proposed three hundred square foot hunting and fishing cabin; 2. The hunting and fishing cabin shall not contain any cooking or bathing facilities; Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION TO ADJOURN BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO. 53,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town of Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 2nd day of November, 1998, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Turner, Mr. Merrill NOES: None ABSENT: Mr. Champagne REGULAR SESSION Correspondence Deputy Town Clerk Barber read the following letters into the record: (letters on file in the Town Clerk's Office) Dear Board Members, I have become aware that the Town Board is considering replacement of the Town's current legal counsel. I am writing to express my support in keeping of this law firm. I understand that members of the Town Board have engaged in discussions with other firms interested in this position. The firm of Miller, Mannix & Pratt has provided excellent legal support to the town for the last 5-7 years. During this period the Planning Board has developed an excellent professional relationship with attorney Mark Schachner. Mark's knowledge of the State's SEQRA law has proven a valuable asset to our board. Coupled with Mark's understanding of State and local Zoning Laws, this makes for an exceptional combination of knowledge and advise available to our Planning Board. This firm has proven itself an asset to the Town Board as well. I wish to go on record that the Town Board maintain this firm as counsel for the Town of Queensbury. If the members of the Town Board feel it necessary to further explore alternate legal firms to represent the Town of Queensbury, they should do so in unity as a Town Board and by utilizing a competitive bidding procedure open to all interested firms. Thank you for the opportunity to express my views. Sincerely Yours, Craig E MacEwan, Chairman, Queensbury Planning Board To: Members of the Town Board Re: The performance of Mr. Mark Schachner as counsel to the Planning board; Town of Queensbury As a member of the Town of Queensbury's Planning Board, I would like to comment on Mr. Schachner's counsel to that board. Questions put to Mr. Schachner by board members, while the board is in session, are answered clearly and concisely when he is familiar with the subject. If he is not able to respond, he says so and offers to research the question. I feel this has added to the Planning Board's effectiveness as a deliberating body for the Town of Queensbury. Very Truly Yours, Robert 1. Vollaro, Member of the Queensbury Planning Board Town Councilmen's Committee Reports Councilman Tucker noted that he has a couple of things for the Highway Department to look at. One being a huge dead Pine tree on Brickoven Road in Bedford Close and the other, located at the corner of Revere Road and Corinth Road is a paved dry well which has caused people to cut the corner and bottom out their vehicles, need to remedy that situation. Open Forum Resolutions - No one spoke Resolutions 8:08 P.M. Councilman Turner temporarily left meeting room. RESOLUTION RESCINDING RESOLUTION 397.98 AUTHORIZING WARREN COUNTY TO P AVE BIG BOOM ROAD RESOLUTION NO.: 409,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury previously adopted Resolution 397.98 which Resolution authorized the Town Supervisor to request the Warren County Department of Public Works Superintendent to pave Big Boom Road, and WHEREAS, the Town Board wishes to rescind Resolution No.: 397.98 as the Town Highway Department has decided to pave Big Boom Road at a cost not to exceed $15,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolution No.: 397.98, and BE IT FURTHER, RESOLVED, that the Town Board sets appropriations in the Ward IV Capital Project Paving Account at $15,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Controller's Office to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Turner, Mr. Champagne DISCUSSION BEFORE VOTE: Henry Hess, Controller-I'd like to make it clear that the resolution has two parts, it rescinds the prior resolution and also establishes an appropriation for fifteen thousand dollars for the Highway Department to do that paving work. (VOTE TAKEN) (Councilman Turner re-entered meeting room) DISCUSSION BEFORE INTRODUCTION OF CRACKER BARRELL RESOLUTION: Deputy Supervisor Merrill-On advise oflegal counsel, there's a matter I'd like to make public to avoid any appearance or perception of a conflict of interest. My son has worked for one of the principals on this matter for a number of years. He is and has been ... and does not live in my household. He has no involvement in the proposed project and the project will have no affect on his employment and he'll derive no financial benefit from this. After reviewing this with counsel, I feel I can make a fair and reasonable on this matter and his relationship will have no influence whatsoever on my deliberation. RESOLUTION MAKING SEQRA POSITIVE DECLARATION, ACCEPTING DRAFT ENVIRONMENTAL IMP ACT STATEMENT (DEIS) AS COMPLETE, REQUESTING COMMENTS ON THE DEIS, AND SETTING PUBLIC HEARING REGARDING THE PETITION FOR CHANGE OF ZONE FOR THE CRACKER BARREL OLD COUNTRY STORE RESOLUTION NO. 410, 98 INTRODUCED BY Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Cracker Barrel Old Country Stores, Inc. (Cracker Barrel) is seeking approval for a change of zone from the Town of Queensbury Town Board, site plan approval from the Town of Queensbury Planning Board and other approvals from state and local agencies to enable it to construct a new 8,462 square foot restaurant facility on approximately 2.5 acres of a 4.44 acre site located at the corner of Aviation Road and Greenway North, across from the Aviation Mall in Queensbury (the Project), and WHEREAS, Cracker Barrel has agreed to submit a Draft Environmental Impact Statement (DEIS) to the Town to accompany its application for purposes of compliance with the State Environmental Quality Review Act (SEQRA), and WHEREAS, on or about October 20th, 1997, the Town Board of the Town of Queensbury adopted a Resolution authorizing the submission of the rezoning request to the Town Planning Board for a report and recommendation, indicating its desire to be designated as SEQRA Lead Agency for environmental review of the proposed project, and authorizing and directing the Executive Director to notify all SEQRA Involved Agencies of the Town Board's desire to be Lead Agency, and WHEREAS, none of the SEQRA Involved Agencies have objected to designation of the Town Board as SEQRA Lead Agency, and WHEREAS, Cracker Barrel has presented the Town with a Draft Environmental Impact Statement and the DEIS has been reviewed by the Town Planning Staff and Town Board, and WHEREAS, in accordance with the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to SEQRA, the Town Board may now decide whether to accept the DEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed action may have a significant impact on the environment and the Town Board hereby authorizes and directs the Town's Executive Director to prepare a SEQRA Positive Declaration and that it be issued, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Draft Environmental Impact Statement (DEIS) offered by Cracker Barrel is satisfactory with respect to its scope, content, and adequacy for purposes of commencing public review, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a public comment period to commence immediately and to terminate on December 4th, 1998, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes and sets a public hearing on the DEIS to be held on November 23rd, 1998, at 7:00 p.m., in the Queensbury Activities Center, which public hearing will be held to satisfy SEQRA requirements, and BE IT FURTHER, RESOLVED, the Executive Director of Community Development is hereby authorized and directed to file and publish the Notices of Positive Declaration, Completion of Draft EIS and SEQRA Hearing in the Environmental Notice Bulletin and as otherwise required by the SEQRA Regulations, and BE IT FURTHER, RESOLVED, that the public hearing authorized herein shall be preceded by notice which must be published at least 14 days in advance of the public hearing, in a newspaper of general circulation in the area of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the SEQRA Positive Declaration, Notice of Completion of Draft EIS and Notice of SEQRA Hearing presented at this meeting are hereby approved and the Executive Director of the Community Development Department is hereby authorized to notify all SEQRA involved agencies of the public hearing, and BE IT FURTHER, RESOLVED, that copies of the Notice of Completion and SEQRA Hearing, together with the Draft Environmental Impact Statement shall be furnished and placed at the following places throughout the Town of Queensbury: 1. Queensbury Town Clerk's Office; 2. Queensbury Planning Department; and 3. Crandall Library; and BE IT FURTHER, RESOLVED, that Town Counsel is hereby authorized to approve as to form the required notices and make any necessary additions or modifications to comply with the SEQRA Regulations. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION APPOINTING WILLIAM SHAW AS COMPUTER TECHNOLOGY COORDINATOR ON A PERMANENT BASIS RESOLUTION NO. 411,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, by Resolution No.: 246.98 the Town Board of the Town of Queensbury appointed William Shaw to the full-time position of Computer Technology Coordinator on a provisional basis until such time as he fulfilled the Civil Service requirements for the position and also subject to a six month probation period, and WHEREAS, Henry Hess, Town Controller, has advised the Town Board that Mr. Shaw has successfully completed his six month probation period, Warren County Civil Service has processed his appointment in the non-competitive class and therefore recommends that the Town Board appoint Mr. Shaw on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints William Shaw to the position of Computer Technology Coordinator on a permanent basis and authorizes an increase in his salary to $30,000 per annum effective November 3rd, 1998, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller's Office to complete any forms necessary to effectuate this Resolution. Duly adopted this 2nd day of November, 1998 by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Turner, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION APPOINTING MEMBER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 412,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review pursuant to applicable New York State law, and WHEREAS, the term of Board of Assessment Review Member Lewis Stone recently expired and Mr. Stone would like to be re-appointed to the Board for a new five year term, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby re-appoints Lewis Stone to serve as a member of the Queensbury Board of Assessment Review, with his term to expire November 2nd, 2003. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Turner, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY VARIOUS OWNERS AND PROPOSED BY THE TOWN OF QUEENSBURY TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 413,98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town of Queensbury has submitted an application for rezoning of certain parcels of property to the Town of Queensbury Town Clerk's Office and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and Planning Board for recommendations pursuant to ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: APPLICATION OF TAX MAP NO'S & OWNERS: Town of Queensbury 110-1-1.23 - Barrett 110-1-1.29 - SE Realty Co. LLC 110-1-1.30 - Peter Garvey 110-1-1.31 - Peter Nemer 110-1-1.32 - G&M Land Dev. 110-1-1.26 - G&M Land Dev. 110-1-1.25 - Orest Boychuck 110-1-1.24 - George Hagerty 110-1-1.28 - Gerald Nudi 110-1-1.21 - Roger Hewlett LOCATION OF PROPERTIES: Along Quaker Road and Dix Avenue, Queensbury, New York APPLICATION FOR: Rezoning of parcels currently zoned LI-IA/PC-IA to HC-IA and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be Lead Agency for SEQRA review of this project and directs the Zoning Administrator's Office to notify any other involved agencies. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION APPROVING PURCHASE OF CEMETERY LOT FROM DR. WILLIAM H. AND MARGUERITE D. CANTWELL RESOLUTION NO.: 414,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot (Lot #68-C) in the Pine View Cemetery to Dr. William H. and Marguerite D. Cantwell, and WHEREAS, Dr. and Mrs. Cantwell wish to sell the cemetery lot back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends the purchase of the cemetery lot and is now requesting approval from the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it approves of the Cemetery Commission's purchase of Lot #68-C from Dr. William H. and Marguerite D. Cantwell for the sum of $933, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Cemetery Superintendent to arrange for payment of the amount of $933 to Dr. William H. and Marguerite D. Cantwell and proper accounting in the books and records of the Town of Queensbury as may be necessary or appropriate. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Turner, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION TO ACCEPT BIDS FOR CAST/DUCTILE IRON FITTINGS & TAPPING SLEEVE, FIRE HYDRANTS, RESILIENT WEDGE GATE VAL VES, VALVE BOX TOP SECTION WITH COVERS, BUTTERFLY VALVES AND DUCTILE IRON PIPE FOR WATER DEPARTMENT RESOLUTION NO. 415,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Director of Purchasing for the Town of Queensbury duly advertised for the purchase of cast/ductile iron fittings & tapping sleeve, fire hydrants, resilient wedge gate valves, valve box top section with covers, butterfly valves, and ductile iron pipe as more specifically identified in bid documents and specifications previously submitted to the Queensbury Town Clerk, and WHEREAS, the Director of Purchasing received bids from six (6) companies and opened each bid on October 26th, 1998, the duly advertised bid opening date, and WHEREAS, Water Superintendent Ralph VanDusen reviewed the bids and has recommended that the Town award the bid to the lowest responsible bidders in each category, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bids for the Water Department materials as follows: SPEC. # ITEM LOW BIDDER BID AMOUNT 98-5 Cast/Ductile Iron Fittings & Tapping Ramsco $ 2,596. Sleeve 98-6 Fire Hydrants L&C Municipal $ 4,578. Sales 98-7 Resilient Wedge Gate Valves Ramsco $ 1,3 90. 98-8 Valve Box Top Section With Covers L&C Municipal $ 1,119.75 Sales 98-9 Butterfly Valves Vellano Brothers $ 2,198. 98-10 Ductile Iron Pipe Atlantic States Pipe $27,225. and BE IT FURTHER, RESOLVED, that all materials shall be paid for from the appropriate Water Department Account(s). Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Turner, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Champagne Supervisor Merrill noted that resolution no. 5.8 entitled, 'RESOLUTION AUTHORIZING ACCEPTANCE OF $9,000 IN NEW YORK STATE OFFICE OF CHILDREN & FAMILIY SERVICES "YOUTH DEVELOPMENT/DELINQUENCY PREVENTION" FUNDING' has been pulled because the resolution is not needed in order for the town to accept the funds. RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR THE RECONFIGURATION OF THE COMMUNITY DEVELOPMENT OFFICE RESOLUTION NO.: 416,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury previously adopted Purchasing Procedures which state that any purchase in an amount of $5,000 or greater, up to New York State bidding limits, must be approved by the Town Board, and WHEREAS, Chuck Rice, Facilities Manager has requested Town Board authorization to expend funds for the reconfiguration of the Community Development Office, and WHEREAS, in accordance with the Town's Purchasing Procedures, Mr. Rice solicited three quotes and has recommended that the Town engage the services of AJS Enterprises to perform the office reconfiguration work as delineated in Mr. Rice's Memo to Fred Champagne dated October 9, 1998, for the lowest quoted amount of $2,970, and WHEREAS, Mr. Rice anticipates additional miscellaneous expenses of approximately $730 to complete the reconfiguration project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the reconfiguration of the Community Development Office and the engagement of the services of AJS Enterprises to perform the reconfiguration work for an amount not to exceed $2,970 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board also authorizes additional miscellaneous expenditures necessary to complete the reconfiguration project for an amount not to exceed $730 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and the Town Facilities Manager to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #115 FOR CONSTRUCTION OF STORAGE BUILDING RESOLUTION NO.: 417,98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to establish a Capital Project Fund to pay for the construction of a storage building, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a Capital Project Fund to be known as Capital Project Fund # 115, which Fund will establish funding for the construction of a storage building not included in the 1998 Town Budget, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes initial appropriations for the new Capital Project Fund #115 in the amount of $100,000 with detailed appropriations to be set by Town Board Resolution prior to the start of the project and further authorizes the transfer of funds to the project from the 1998 Appropriation Account #001-9950-9000 Interfund Transfers, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Controller to transfer funds, amend the 1998 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Turner, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 418, 98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, certain Town Departments have requested fund transfers for the 1998 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: GENERAL/HIGHW A Y: FROM: TO: $ AMOUNT: 01-5010-13 20-0002 (Conf. Admin. Sec. OT) 01-5010-4100 (Telephone Use) 425. WATER: FROM: TO: $ AMOUNT: 40-8310-1500 40-8320-4400 1,000. (Deputy Water Supt.) (Misc. Contractual) 40-8310-1500 40-8320-4500 7,500. (Deputy Water Supt.) (Fuel Oil/Nat Gas) 40-8320-4020 40-8320-2899 60. (Cleaning Supplies) (Capital Const.) Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Tucker, Mr. Turner, Mr. Irish, Mr. Merrill NOES None ABSENT: Mr. Champagne RESOLUTION AUTHORIZING PAYROLL DEDUCTIONS FOR CONTRIBUTIONS AND PLEDGES TO 1999 UNITED WAY CAMPAIGN RESOLUTION NO.: 419,98 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Henry Hess, Town Controller, has advised the Town Board of the Town of Queensbury that the local United Way organization has requested Town Board authorization to allow Town employees to make voluntary contributions and pledges by payroll deduction to the United Way during its 1998 campaign, and WHEREAS, Mr. Hess has recommended Town Board authorization for the program with the understanding that the Town is not an official sponsor of the United Way campaign and therefore will not recommend, advise nor persuade employees to participate in the campaign and all donations and pledges will be strictly voluntary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of an agreement between the Town and the local United Way organization allowing employees to make voluntary contributions and pledges by payroll deduction to the United Way during its 1998 campaign and further authorizes and directs the Town Supervisor to execute any agreements or documentation in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of November, 1998, by the following vote: AYES Mr. Turner, Mr. Irish, Mr. Merrill, Mr. Tucker NOES None ABSENT: Mr. Champagne Deputy Supervisor Merrill noted that resolution no. 5.13 entitled, 'RESOLUTION AUTHORIZING ENGAGEMENT OF NACE ENGINEERING, P.e. FOR ENGINEERING SERVICES AND VAN DUSEN & STEVES FOR SURVEYING SERVICES CONCERNING DRAINAGE IMPROVEMENTS ALONG DINEEN ROAD', has been pulled, the board is waiting further information. Planned Discussions Old Business Councilman Tucker requested scheduling a meeting to discuss the Nace Engineering report received regarding Queensbury Forest Drainage... board held discussion and agreed to schedule workshop session for November 12th at 4 o'clock in the Supervisor's Conference Room. Mr. Hess, Controller reminded the board members and members of the public of Special Meeting scheduled this Thursday for the public hearing on the 1999 budget. New Business - None Town Board Workshop - None Attorney Matters - None Open Forum 8:28 P.M. Mr. John Strough questioned the status of the connector road going from Aviation Road to Route 9? Chris Round, Executive Director of Community Development noted, we've had several conversations with DOT and as part of the Aviation Mall project, we asked Pyramid to provide an analysis of the Greenway North Connector as it was impacted by their project and we have not yet seen a presentation back from Pyramid. DOT is also waiting on any action on that project until they hear back from Pyramid Corp. Jeremy Hammond questioned whether there was any expansion of the web site to include the town's budget or the town resolutions? Mr. Hess, Controller-This year we have no intention of putting the budget up prior to it's adoption, we may put it up afterward and next year we might consider that. Mr. Hammond questioned the number of hits the web site is getting? Mr. Hess, Controller-I truly don't know, Bill tells me it's been active. He's got a counter on it so that information is available but I just don't know what it is. Councilman Irish questioned whether there was a guest book? Mr. Hess, Controller-To be honest with you, I'm not sure. What's happened, it was a high priority to get that thing going and for the past month, Bill's time has been dedicated toward the new network, new wiring throughout the town and getting ready for some conversions that are going to take place here next month. Mr. Hammond questioned whether the town foresees in the future the need for a full time web master, a person in charge of it all the time? Mr. Hess, Controller-No. Mr. Salvador referred to Warren County's proposal to charge for parking at the Balloon Festival Event and noted that he feels it's a Queensbury activity and the county shouldn't be involved. Deputy Supervisor Merrill noted that it's a Warren County issue. Mr. Salvador referred to Bill Dutcher's proposal for Americade. Deputy Supervisor Merrill noted that it's a Lake George issue. Mr. Salvador-I'm telling you this as, we are in the tourism business in North Queensbury and what they do affects us and if our town doesn't get it's oar in there as it has an interest in tourism, as it generates sales tax revenue, then we're being left unrepresented. That's my concern.... Referred to the Trash Plant being shut down for a couple of days, noting from the contract that Warren County is not obligated to pay if they don't provide the service.... Referred to the Lake George Park Commission's Sign Ordinance, how they pick and choose who shall abide and that it's unequal treatment of the law.... Referred to the underground cable that he and Gilbert Boehm are proposing and hopes the town will cooperate in the permit process. Mr. Strough questioned the status of the striping over the bridge at Exit 19 for the bicycle lane? Councilman Irish noted that Fred was going to contact the contractor. Mr. Salvador referred to the recent paving of Big Boom Road and congratulated Mr. Merrill in his efforts and requested his aid in the paving of Dunham Bay Road, noting that it needs paving and serious drainage.... Requested street light at the intersection of Dunham Bay Road? Councilman Turner noted that he'll get the current price for the street light and then bring it before the board for their decision. Open Forum Closed 8:50 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 420, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss three personnel matters, two involving collective bargaining. Duly adopted this 2nd day of November, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Champagne RESOLUTION ADJOURNING EXECUTIVE SESSION AND THE TOWN BOARD MEETING RESOLUTION NO. 421, 98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's meeting. Duly adopted this 2nd day of November, 1998, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Champagne No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY