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2002-01-28 REGULAR TOWN BOARD MEETING JANUARY 28TH, 2002 MTG#9 RES#77 -94 B.H. 4-6 7:08 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER-MARK SCHACHNER PRESS POST STAR TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN COMPTROLLER, HENRY HESS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND EXECUTIVE ASSISTANT TO SUPERVISOR, WILLIAM LAVERY TOWN ASSESSOR, HELEN OTTE PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 77, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 28th day of January, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION CARLOS BOMBARD OPENED NOTICE SHOWN APPLICANT MR. BOMBARD & AGENT JAY SWEET PRESENT CARLOS BOMBARD, 583 MOON HILL ROAD-Hi, Dennis. SUPERVISOR BROWER-Thank you for coming this evening. If you want to give us a little background on your problem and proposed remedy. MR. BOMBARD-The problem was twenty-five years ago I put a bucket in there, drywell, pardon me and it is saturated so I have to put a new system in. We're going to put in, what's the name of that? MR. SWEET -Elgin. MR. BOMBARD-An Elgin system which works excellent no problems and that seems to be the problem. Of course, my lot is a hundred by a hundred and fifty it was taking over about five feet from the back with the State when they put the improvement in at Rte 149 so it has cut my lot down quite a bit. The variance is a hundred feet from the well to the Elgin system. MR. SWEET-No seventy. MR. BOMBARD-It's seventy feet I'm short thirty feet. MR. SWEET-We're trying to get it okayed for seventy feet because that's the best he can do he can't get no farther away. MR. BOMBARD-And that seems to be the problem Mr. Brower. SUPERVISOR BROWER-Any further questions from Town Board members at this time? COUNCILMAN BREWER-How far is the tank away from the well Jay? MR. SWEET -Fifty feet exactly. It is a regular thousand gallon concrete tank so we don't have to worry about it. COUNCILMAN BREWER-If your put it on the property you are going to run into the same thing with the guys well on the other side, I guess it really doesn't matter. How much did they take from you in the back of your.... MR. BOMBARD-Probably close to five feet maybe more it just said five feet on the thing here. SUPERVISOR BROWER-Any further questions from Town Board members at this time? COUNCILMAN TURNER-No. SUPERVISOR BROWER-Dave Hatin is not here this evening. EXECUTIVE DIRECTOR, MR. ROUND-He planned on being here I discussed the application with him. As Mr. Bombard said it's the only available location on the property to site the system any installations is going to require some variance and I think they prepared the best application that they are able, too. It does meet the separation distance from the adjoining neighbors well. COUNCILMAN BOOR-It's not important, but the existing one that doesn't work anymore how far is that from his neighbor's wells does anybody know that? MR. SWEET -It's over a hundred feet because the other one, well this one's back here and this one's here. COUNCILMAN BOOR-Right, I can see it on the map it is just that it didn't give that distance. SUPERVISOR BROWER-It's a little further from the proposed new one. If there were any contamination it would be your own well. MR. BOMBARD-My own well nobody else's. SUPERVISOR BROWER- Okay, I have enough information for now I'll see if the public has any comment one way or the other and we will call you back up. At this time I'd like to open up the public hearing and ask anyone that would like to comment on the application to come forward and state your name and address for the record and any comment you might have either pro or con. HALLY WELLER-Good evening gentlemen my name is Hally Weller, I'm the landowner next to the Bombard property and I have an objection to the procedure that is being followed. This is my son-in-law Jerry Lawliss. I have a map of the Bombard property and I've been over there at the time there was no objection to me at the time there was no one home I believe. I measured from the house to my property line, which I have a survey fence down that side it's approximately thirty-seven feet to the house from the fence. Then I measured from the back of the house to the approximate new location of the line where Rte 149 goes and its sixty six feet. The property that Mr. Bombard owns is one hundred feet in width along Moon Hill Road and I think it runs parallel right back to the back end of the property and I think it's a hundred feet back there. My thought was that if this was a piece of my property I would re-route the sewage system from the back of the house because there is more land out there it could be put right about the center of the piece of property the sewage and the drain field. All there is in the back is the road there is no housing, no construction, no people living back there and there wouldn't be any place for anybody to live back there anyway. The other situation is that I have a well on my property which is approximately this isn't a survey thing I did, I just measured it with a hundred foot tape. I measured from my well to my property line of ninety-four feet. The other side of that fence is where the ground is saturated with the sewage disposal and I object to having anything along that line within the regulations of the Town. COUNCILMAN BOOR-The only response that I could give to that is where its being proposed is farther from your house than where it is now. MR. WELLER-There is a mentioned in this bulletin here. In accordance with Town of Queensbury on site sewage disposal Ordinance, Chapter 136 notice is hereby given that the Town of Queensbury Local Board of Health will conduct a public hearing on January 28,20027:00 p.m., Queensbury Activity Center, 742 Bay Road, Queensbury to consider an application by Carlos Bombard for sewage disposal variances to allow a leachfield to be located from the rear and side property lines in lieu of the required ten feet setback and seventy feet from the well in lieu of the required one hundred foot setback property located on 583 Moon Hill Road, Queensbury Tax Map 48-2-7. COUNCILMAN BOOR-I think if! could of finished the other I wanted to mention is that your suggestion that new leachfield be placed in the center of his property that moves that leachfield closer to his well so it would be less than seventy feet. I think that they're trying to do here is get the maximum separation from wells as they can. The real issue of variance is on the property line that's where I think the lesser of two evils is to perhaps have it closer to the property line as opposed to being closer to either of the wells. MR. WELLER-The other thing about this well that's in this Bombard property it's nothing but a point that's driven in the ground. That point could be moved any place on the property. That point doesn't have to be there that well point can be moved, too. COUNCILMAN STEC-Chris I'm a little confused with the application. The well that is proposed to be seventy feet does it exist? EXECUTIVE DIRECTOR, MR. ROUND-It is existing and it's the property owners well. COUNCILMAN STEC-So that well is physically located, there is a question are we talking ninety-four feet or a hundred and ten feet from the neighbors well? COUNCILMAN BREWER-A hundred and ten it shows on this map. EXECUTIVE DIRECTOR, MR. ROUND-A hundred and ten according to the applicant's presentation. I think Mr. Weller has indicated he has measured ninety-four feet to the property line and possible to the existing system and not to the proposed system that's what I was gathering. It is not a surveyed map. COUNCILMAN STEC- Y our department must have run into this before where an applicant says these are the dimensions then a neighbor comes in and disputes that. EXECUTIVE DIRECTOR, MR. ROUND-The board can ask for additional information you can ask for a survey level detail. COUNCILMAN BOOR-Do we know the location of the septic system for the property to the left as I look at this map? EXECUTIVE DIRECTOR, MR. ROUND- I don't have that in front of me. I have what you have in front of me you can ask the applicant if they have that information. COUNCILMAN BOOR-As far as putting another well in I'm not sure if we would be getting near someone else's septic system on the other side I just don't know. MR. WELLER-Where is his proposed drain field going to be? COUNCILMAN BOOR-In the Elgin system are you familiar with that at all? That's not a deep system that's a very close to the surface type. MR. WELLER-I'm not asking those particulars I'm asking how close? EXECUTIVE DIRECTOR, MR. ROUND-Here the proposal. This is your property over here. MR. WELLER-Is this the drain field? EXECUTIVE DIRECTOR, MR. ROUND-The drain field proposed is close as possible to Rte 149. MR. WELLER-But, right on my line. EXECUTIVE DIRECTOR, MR. ROUND-That's correct. MR. WELLER-That's isn't necessary that can be put right over here in the center of this property. COUNCILMAN BOOR-That's closer to his well. EXECUTIVE DIRECTOR, MR. ROUND-I think they are hearing you say that. MR. WELLER-Where does it say well? That well is outside of the house. COUNCILMAN BOOR-That's what it shows on our map. MR. WELLER-When I saw Mr. Walkup build that house I thought he drove the well before he put the frame up inside the cellar. MR. BOMBARD-That's been changed. COUNCILMAN TURNER-That's been changed. MR. WELLER-Maybe it's been changed. If the well has been changed since then there is no reason under heaven why it can't be changed again and moved over a little bit more to the center of the property. COUNCILMAN BOOR-That's my question that I suggest I don't know where the leachfield is on the other side we don't have that information. I wouldn't be able to make a decision on moving a well and I'm not sure that's the way I would go anyway. We couldn't say that's a viable solution without knowing where the leachfield is on the other property. It may be an option I don't know I couldn't make that determination right now with this amount of information. MR. WELLER-This map is showing from the back of the house this is a building back here it's seventy foot to there. I can't understand why and under the sun that leachfield legally according to the Town regulations is should be ten feet from my property line. COUNCILMAN BOOR-That's correct. MR. WELLER-If that leachfield was moved ten feet from my property line then that well that's there could be moved ten feet also. COUNCILMAN BOOR-What could be moved ten feet? MR. WELLER-I beg your pardon? COUNCILMAN BOOR-Did you say two things could be moved ten feet the leachfield and..... MR. WELLER-The leachfield could be put in according to Town regulations ten feet from my line. COUNCILMAN BOOR-Right. MR. WELLER-The well if need be could be moved ten feet. . . . COUNCILMAN BOOR-Perhaps, I don't know that. COUNCILMAN BREWER-The property line tapers if you are looking at the map the property tapers so everything is going to have to come in closer you can't move I wouldn't think just ten feet. MR. WELLER-Another thing is that leachfield could be turned right around the other way it would come less this way it would be farther back away from the house if it was just turned right around. COUNCILMAN BOOR-You might be right I just don't know. I don't have information on what's on the other side here. MR. WELLER-Is it going to be legal for this piece of property to have a leachfield within seventy feet of his well? COUNCILMAN BOOR-That's what I think what we're here for because it's a variance because it isn't legal under code. COUNCILMAN TURNER-It's suppose to be a hundred feet Hally a hundred feet from the well. MR. WELLER-Yes, my well is a hundred feet. COUNCILMAN BOOR-So you're in compliance. COUNCILMAN TURNER-You are a hundred and ten according this sketch you're all right. SUPERVISOR BROWER-Mr. Bombard do you have something to add? MR. BOMBARD-When we measured it out John O'Brien and myself, and Jay Sweet went ten feet from Mr. Hally's fence over to my property the Elgin system is going ten feet past that, that's where it's going to be back behind my shed it won't be anywhere near his property. ATTORNEY HAFNER-That's not what the map shows. SUPERVISOR BROWER-Ten feet to the property line, right? MR. BOMBARD-Ten feet to his property that's where he measured it from. MR. WELLER-Well if you measured it ten feet from the property line then there is no variance needed. COUNCILMAN BOOR-It would be a variance because of the well. MR. WELLER-Yes, but as far as I'm concerned in my property line this would be legal if it was ten feet from my property line. COUNCILMAN BOOR-That's correct you're right. That's not what we have here. COUNCILMAN STEC-It would be legal if we grant him the variance. COUNCILMAN BOOR-He's saying that the ten foot off the property line is a requirement that's the legal mImmum. COUNCILMAN STEC-He wouldn't require a variance. COUNCILMAN BREWER-What's going to happen if he moves that over ten feet according to this map he's going to have to pull it in because the way the land tapers where the line tapers so he's going to have to pull it in so it maybe fifty or forty feet from his. I guess we have to weigh the best scenario to lay this thing out. MR. WELLER-The other thing that I'm looking at here is, too if that piece I'm not sure that this would be any different at all from the well, but it is longer north and south than it is east and west it's a narrower leachfield east and west. If that leachfield was turned right around the other way I don't know why the leachfield actually has to be a square does it have to be square? COUNCILMAN BOOR-Can't answer that. COUNCILMAN BREWER-The fields have to be a certain length. COUNCILMAN TURNER-Certain width that's actually a rectangle. COUNCILMAN BREWER-It has to be have three forty-five feet or something to that. MR. WELLER -Yeah, a certain area for leaching. A certain circumference wonder if it's round or if it still has to be a certain circumference to create the square footage for the leach. I still don't feel that's there any need for me to have to be encroached upon. Let him do his encroaching on his own property. COUNCILMAN BOOR-In all fairness I don't have an opinion one way or the other on this. The system he's using now is all over your property. MR. WELLER-I beg your pardon. COUNCILMAN BOOR-Didn't you say it was leaching into your property now the old failing system so it is an improvement. MR. WELLER-It would be leaching onto my property now because that's where it is now right next to the fence that was put in before there was ever any Town regulation. COUNCILMAN BOOR-I know, but I think he is trying to improve the situation. MR. LA WLISS-But, in five or ten years it may not be also it may come back to the same situation. COUNCILMAN BOOR-Well I tend to believe that the Elgin system is better than a barrel and I'm not trying to be funny it's a good system. MR. WELLER-Yes, it is but it doesn't make any difference what it goes into it, it comes out the same stuff it comes out contamination. It comes out contamination to the point where the Town Board in the past has made a resolution that it should be within no closer than ten feet from the adjoining property line. COUNCILMAN BOOR-That regulation was put there before Elgin systems were used. I'm not saying that they should be closer than ten feet, but the regulation is older than the new systems. SUPERVISOR BROWER-The Elgin systems are far superior to what is there currently. COUNCILMAN BOOR-They put those on lakes they put those around the lake. SUPERVISOR BROWER-Actually he is closer to your well right now with his existing system than he will be with the new system and it's a superior system. MR. WELLER-When I get ready to sell my piece of property and somebody sees a leach system there closer than the Town says the leach system should be according the Town regulations tell me what they're going to say to me? COUNCILMAN BOOR-I think you're assuming that's its going to fail that there is going to be a problem. MR. WELLER-What I'm assuming is this. That you are putting something next to my piece of property unless there is a variance it's illegal. COUNCILMAN BOOR-That's correct. MR. WELLER-I can't see for the world of me why it needs to be put there when he's got all this other property. The possibility of moving his well if he needs to because a point in the ground is no big deal I spent thousand of dollars to have a drilled well in my property a casing and this is no kind of a casing well it's just a pipe driven in the ground with a point on it that's all it is. It might be done in two weeks, it might be done in two hours I can't tell you how long it is going to take to drive a point, but it certainly isn't the project that is to put a well in like I've got. COUNCILMAN TURNER-Is Mr. Sweet here? COUNCILMAN BREWER-No, he left I think Ted. Is your fear sir that it may contaminate your well? HERB STEFFENS-What is the reason for putting it in here is it to get it as far away from his well as possible? COUNCILMAN BOOR-Yes, because as there is setbacks for property lines there is also setbacks from wells a hundred feet is the legal minimum for a well so that's why this leachfield and septic system are put as far away from wells as possible and within a hundred feet it requires a variance. So there are two variances being sought here. MR. STEFFENS-He's putting it back to the back corner of his property. He putting it far away from that well as he can? COUNCILMAN BOOR-He's putting it as far away from that well as he can on his property. MR. STEFFENS-Or else if you move it to the west it would be a little closer is that it if you move it to the left? COUNCILMAN BOOR-If you see the way it angles yes it would be closer to his well. MR. WELLER-The only alternative for that if! owned the piece of property and had to get the leachfield farther from the well I'd have to move the well. COUNCILMAN BOOR-If you can move the well. Like I said, I don't know where the leachfields are on the other property. There actually are situations where you can get farther than a hundred feet I'm not saying this is one of them, but there are properties where you cannot physically get out of that and I don't know if that's not the case here. MR. WELLER-The more I see with the structure here. . ... MR. STEFFENS-If you move that ten feet off the property line off ofMr. Weller's property line that won't make a great difference in distance from seventy feet that maybe sixty eight or sixty nine feet so is there a big difference? If you move the leachfield ten feet from Mr. Weller's property line okay to stay within the regulations then the distance would be seventy feet it be sixty eight or sixty nine it be somewhat less. COUNCILMAN BOOR-I don't know what it would be I would certainly want a hard measurement. MR. STEFFENS-So why not move it the ten feet stay within the regulations and get the maximum. COUNCILMAN BOOR-Because I would want a hard measurement. I would want a hard measurement you say it's sixty eight feet I don't know either. MR. STEFFENS-I don't know you would have to lay it out and scale it. COUNCILMAN BOOR-Right, exactly. COUNCILMAN TURNER-You have a separation distance between the Elgin system to start with so that will move it over eleven feet plus that. COUNCILMAN BOOR-In other words you're not just taking a line and moving it ten feet you are movmg... MR. STEFFENS-As long as you are not moving the whole thing ten feet you are moving the whole thing ten feet as a unit. I think we should probably look at that and see what that would involve that movement of ten feet and what that difference in distance would be from the well I think that would be a good idea. MR. WELLER-If this leach field is as efficient as you are telling me and it can be closer with less contamination why can't it be closer with less contamination to his well? COUNCILMAN BOOR-Because I think drinking water is more important than play area than a property line. I think what somebody puts in their body is more important than what somebody sees out their window. MR. WELLER-Well, yes I agree with that, that's common sense. COUNCILMAN BOOR-And that's my concern. We grant this thing the way you want it and the well for some reason gets contaminated that doesn't bode very well for our decision. MR. WELLER-That well can be moved right into the center of the house. MR. BOMBARD-The last time I was with Jay Sweet we pumped out I think Joe Deeb was there then; if I move my well that way it is going to be closer to that guys drain field so I'll be contaminated. MR. WELLER-Where is his drain field? MR. BOMBARD-It's probably twenty-five feet from my property it's in that big field you know the field over here it's right down in here. MR. WELLER-Twenty-five feet he's legal if he's twenty-five feet. COUNCILMAN BOOR-You have to have a hundred feet from a well to a leach field. MR. BOMBARD-You have to be a hundred feet so if I move my well to the left I'm going to be contaminated, too. MR. WELLER-The man that owns the property has a leach field twenty feet from the line he's legal. COUNCILMAN BOOR-That's legal that's correct. MR. WELLER-It's this property that has got the problems. COUNCILMAN BOOR-I'm really not against you I'm not on either side here. The point I'm trying to make is I don't know that we can get a hundred foot separation by moving it the way that you want it moved. I'm not sure he can move his well where he's going to be any better off so that it helps you out. COUNCILMAN STEC- The most important thing is to maximize the distance to the wells that's our first priority. Then the other lines are just other lines in the sand. The risk here is the distance to your well and his well so we want to maximize as much as possible that distance that's the issue. SUPERVISOR BROWER-In your case it seems like you are going to have greater protection for your own well than you have currently with the existing system he has in the ground. COUNCILMAN STEC-It would be a better system farther away not that I'm arguing one way or the other but that's how I understand this. MR. WELLER-I can't absorb the idea that the leach field needs to be there. I don't think that leach field can be ten feet from my line. If the well needs to be relocated on the Bombard property then relocate the well. COUNCILMAN BOOR-If it can be if we can't get it farther away from a leach field by relocating it I don't think it's a good idea to relocate it. If we move it to the left and its closer to somebody else's leach field that's not a solution. COUNCILMAN BREWER-Can I make a suggestion. Why don't we get Jay Sweet, Dave Hatin, the property owner to the left as we look at the map find out exactly where his leach field is. . .. COUNCILMAN BOOR-I agree. COUNCILMAN BREWER-And see if we can do this. COUNCILMAN BOOR-Yes. Then if that's the case you're styling you've got what you want. For us without knowing where that leach field is I'm not going to say move your well. COUNCILMAN BREWER-We meet in another week.... SUPERVISOR BROWER-Two weeks. COUNCILMAN TURNER-Let me ask Mr. Bombard a further question. The leach field the Eligan system did you take any measurements if you turned that and followed the line along the roadway in the back? MR. BOMBARD-No we didn't just straight out John O'Brien was with us and Jay. COUNCILMAN TURNER-If you come back I'd like you to lay it out in the back parallel to the back line and measure from there to the well and see what you come up with. MR. BOMBARD-Seventy feet. COUNCILMAN TURNER-If you turn this right around. MR. STEFFENS-If you turn it ninety degrees. COUNCILMAN TURNER-And put it parallel with the back line. MR. BOMBARD-I'm not sure how much would be there we didn't measure that. COUNCILMAN TURNER-No, but I'm saying if you are going to look at it again and we table it do that lay it out that way so we can see what you've got and bring us back that information. MR. STEFFENS-How wide is that leach field thirty feet is it? MR. BOMBARD-I'm not sure to be honest with you. COUNCILMAN TURNER-Four, four, eight and separation probably six feet or something, ten feet maybe that's twenty-eight feet long that system. MR. STEFFENS-Twenty-eight feet long how wide is it? COUNCILMAN BOOR-Eleven. COUNCILMAN TURNER-Four, four, eight and another six or eight on top of that maybe sixteen feet. MR. STEFFENS-Sixteen feet wide by about thirty feet long? COUNCILMAN TURNER- Twenty-eight feet long he's got here. Just turn it parallel with back line lay it out and measure it from there to the well and see what you've got. MR. WELLER-Just turn the leach field right around. COUNCILMAN BOOR-Right, ninety degrees not ninety, but parallel with the back property line. SUPERVISOR BROWER-Thank you Mr. Weller. I'll ask further for further public comment at this time. If anyone else is here that would like to comment on the application at this moment. Mr. Steffens did you want to... MR. STEFFENS-Not really can we get a copy of that proposal so I can take a look at it and turn it around a little bit to see what happens, appreciate it. SUPERVISOR BROWER-Yes. Would anyone else care to address this issue at this time? In that case I'll suggest that we leave the public hearing opened until our next meeting, which is in two weeks and we will continue the public hearing at that time. PUBLIC HEARING TO REMAIN OPENED RESOLUTION ADJOURING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH4, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 28th day of January, 2002, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor Noes: None AbsentNone Supervisor Brower presented plague to Town Justice William A. Bacas in honor of his 21 years of Service as Queensbury Town Justice. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 78, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 28th day of January, 2002, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner Noes: None AbsentNone PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM UNDERWOOD OPENED NOTICE SHOWN MR. WILLIAM UNDERWOOD APPLICANT PRESENT SUPERVISOR BROWER-Is Mr. Underwood here? MR. UNDERWOOD-Yes. SUPERVISOR BROWER-Good evening. Would you describe your situation to us, please and for the public? MR. UNDERWOOD-Less than a year ago we bought the property over on Lake Sunnyside here from the Cuttings. My wife and I, I'm self-employed we looked at it maybe as a possible investment type thing because I have no retirement I'm self-employed. In a word we were too naive and too trusting when we purchased the property things weren't checked out, as they should have been. The bottom line the place has been a virtually nightmare every since. In this variance here we're applying for is part of that nightmare. It was actually back in June when one of the tenants called and said he had some leach stuff backing up into his crawl space. We went over we had to locate he septic tank and we had that pumped. Probably a week and a halflater he calls again it's backed up; I said gee something's wrong. Well I have a little backhoe so I said let's see what's going on. We dug it out it was right full of water we followed the pipe to we figured it must have been a leach tank. We called the septic people down on a Sunday to remedy the problem three hundred and fifty bucks later we found that they ran some plastic water line to another cottage, of course, the frost who knows how long it was leaking, but apparently over time it had filled that leach tank and caused everything to back up. I said, well we'll fix that leak we'll dig that out replace it with some fresh stone that's it we fixed it. Well we dug it away and it was probably four or five after a couple of hours of getting things back away from it that all they had was cinder blocks about maybe six feet high with a fourteen inch concrete slab on top of the whole thing without the pressure there the whole thing just collapsed. It's probably been there as near as I can figure thirty, forty years so me being a little naive about things I said well we have to replace it so I ordered in a tank to replace it. We put that in we left most of the debris there from the cement blocks and set that down in there then we filled it about six feet with NO.2 stone figured we be all set. Then it was brought to my attention that anytime you do anything like that you're into new codes. Dave came over we checked everything out I assume you have a map of the property. We're not really sure we have two more cottages there, which apparently would have septic's and leach fields there. Wherever we go on the property to get within codes we're stymied so Dave suggested like a pump station and pump it out the driveway, but we probably have two other leach fields in that area already we probably have three plus gas lines, water lines. From my perspective, I see if we we're to have to put in another eight by ten tank we have to bring it back we gain about twenty feet at best. We would have to tear out two huge pine trees and sink it down fifteen feet it's just amazing. I did what I thought was best is have the well tested to make sure that it was okay and it came back okay. Basically instead of a retirement income it's going to be a bankrupt thing we're shot. I'm going to pay the taxes tomorrow it's coming out of my business the place is just a money pit. We've gone through three cottages it's just a virtual nightmare the whole thing. COUNCILMAN BREWER-How many cottages do you own? MR. UNDERWOOD-There is a dozen of them there. COUNCILMAN BREWER-You own them all? MR. UNDERWOOD-Yes, unfortunately. We were assured that Dick took good care of everything so that being we knew them and we took their word as buyer beware we weren't too bright. Everything you try to take care of you're opening up Pandora's box its just one thing leads to the other. COUNCILMAN BROWER-What professional advice did you seek? MR. UNDERWOOD-As far as? SUPERVISOR BROWER-Solution to the problem? MR. UNDERWOOD-Solution to the problem for this here? SUPERVISOR BROWER-Yes. MR. UNDERWOOD-Basically I didn't. I figured we just replace that tank that was there it's been that way for forty years. SUPERVISOR BROWER-Well unfortunately I don't know my recommendation I guess would be to consult a professional. I don't know how the board feels, but this is generally the type of thing that only a holding tank type situation might solve the problem where you would be required to put in holding tanks. They are not designed for year round typically they are only allowed for seasonal use. Yet, I don't know Bob in a case where you don't have much choice except potentially for holding tanks what's the status of that type of thing? ATTORNEY HAFNER-I'm not understanding exactly your question. This is a discretionary act by the Town Board. SUPERVISOR BROWER-Right. ATTORNEY HAFNER-If the Town Board feels that for safety reasons they don't want to grant you don't have to grant any variances. SUPERVISOR BROWER-I think before we even consider anything I mean, I mentioned holding tanks, but I'm certainly not a professional in the business. I think I'd recommend you seek professional help and have a professional tell you what your options are. MR. UNDERWOOD-I did talk with Jay Sweet also. SUPERVISOR BROWER-I think to ask this board to simply grant an existing situation, which is problematic, would be a mistake. MR. UNDERWOOD-Right. SUPERVISOR BROWER-I don't know how the rest of the board feels. COUNCILMAN TURNER-This is in use right now isn't it? MR. UNDERWOOD-Yes, its in use right now I wasn't aware... SUPERVISOR BROWER-You really need a long-term solution. MR. UNDERWOOD-It's been there for so long I figured just replace what's there. COUNCILMAN BOOR-How deep are your wells does that report say how deep they are? MR. UNDERWOOD-I really don't have see there again I have no idea how deep they are just other than it did test okay. It's been there for thirty, forty years. SUPERVISOR BROWER-Do you have these cottages rented currently? MR. UNDERWOOD-Yeah, most of them are. One lady just passed away a few weeks ago that's open she's on that particular tank that particular cottage. There are a couple people that are going to be moving out in another week or two like I say it's a virtual nightmare. SUPERVISOR BROWER-Chris do you have any information that would help us here? EXECUTIVE DIRECTOR, MR. ROUND-I don't I know there are two request. There is one the separation distance from the wells then the second is it's inadequately sized given the number of bedrooms that are provided. Like, I said I think you have to look at the alternatives for the site as you suggested Dennis. Then holding tanks can be authorized if there is not a feasible alternative rather than place an undersized system in there. My personal opinion you are asking for it to fail again because you are going to over saturate the soils in the system so I think you have to look at alternate locations. MR. UNDERWOOD-With that from what I see from just only what I know the reason it failed was because the water line broke in the soil. COUNCILMAN BOOR-Is this going to service all of the cabins this one pit? MR. UNDERWOOD-It services three cottages. COUNCILMAN BOOR-Three? MR. UNDERWOOD-Yeah. COUNCILMAN BOOR-Where are the other seepage pits or facilities? MR. UNDERWOOD-I know Jay put one in just before we took over and that borders there might be twenty feet there between that pit and where that matting system takes place. I know a couple years ago they said they put a tank out by the road. COUNCILMAN BOOR-I guess more distinctly do you know where all these are, and how many there are, and what cabins are served by what pit? MR. UNDERWOOD-Well supposedly what they drew up for us hasn't proved correct she said she had three on that tank it was a new tank there was only two on it. This other one supposedly three were on it one is on it, I don't know where the other two are. COUNCILMAN BOOR-See that's what concerns me the most. I wouldn't be crazy about granting it without knowing, this could be just one of a whole bunch of them that are going to go and is this the proper way to go. MR. UNDERWOOD-Tricky business, yeah. SUPERVISOR BROWER-That's kind of what I was thinking Roger is maybe tie them all in. COUNCILMAN BOOR-I would concur with Dennis I think you need if you run dye test or someway of knowing what's being served by what. Obviously you want to go less than what the code requires here, but we don't even know how many cabins this is or how many bedrooms or bathrooms. MR. UNDERWOOD-I do know there are four bedrooms for those three cottages that's all that's on it because I dug the whole thing up so that's all that's there. COUNCILMAN BOOR-Let's say we granted this what you wanted and then next year another pit fails I wouldn't want to keep going along that line without really knowing what we're dealing with I'd like to see the big picture here what's serving what here. I think we could have a problem in not knowing and just saying yeah go ahead and do it. It's hard to say because it cost money but you know in the long run you might be better off finding out what the whole situation is on this property. COUNCILMAN TURNER-Then you can address the whole issue. COUNCILMAN BOOR-Because this may not be the way to go. MR. UNDERWOOD-From what I see there maybe either leave that there or put in the holding tanks and have them pumped. In looking at this being fairly close the lake and stuff maybe that would be the approach is to put in holding tanks. SUPERVISOR BROWER-We certainly can't give you that advice, but a professional could. I think that is probably your best answer is to seek professional help. At this time I'll ask you to have a seat and I'll ask if there is any input from the public at this time since it was advertised as a public hearing and it still is. At this time I'd like to ask any members of the public that are here that would like to comment on the application in any way to step forward. NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none I'll ask Mr. Underwood to come forward again. Any other questions for Mr. Underwood from any other members of the board? Chris would you recommend keeping this public hearing opened and have him seek professional help or simply deny it? EXECUTIVE DIRECTOR, MR. ROUND-I would suggest you would probably want to close the public hearing. I think you're asking from what I understand where you are going you are asking for him to identify the existing facilities on the site location, age, type, size, structure etc., what cabins are being served by what facilities, and you want an engineer or design professional other alternatives. It is likely that you are not going to have the same application in front of you when this comes out you will likely be conducting another public hearing on whatever the feasible alternative is. It might be an undersized system or it maybe holding tanks or something other alternative that you haven't discussed. SUPERVISOR BROWER-Since there is a problem that has been identified can we require that the answers be provided by February lIth, our next Regular Town Board Meeting? EXECUTIVE DIRECTOR, MR. ROUND-Yeah, you can certainly give him a time frame I think two weeks is probably not adequate timing to do the type of work that your requesting. COUNCILMAN BOOR-I agree. First of all it's winter I mean granted we don't want a bad situation lingering, but I don't think it's reasonable. I don't know if an engineer is going to be able to help him out this time of year, but that doesn't mean we have an open end. EXECUTIVE DIRECTOR, MR. ROUND-Something like sixty days might be an appropriate amount of time frame to pull together resources. If that's not adequate you could at least hear back prior to that time frame to see if he needs an extension. SUPERVISOR BROWER-Are you prepared to do that Mr. Underwood? MR. UNDERWOOD-Yeah, that sounds reasonable. Thank you. SUPERVISOR BROWER-I think you've got a potentially serious problem that has to be addressed. COUNCILMAN BOOR-But, it might not be that bad. SUPERVISOR BROWER-Who knows we don't know. COUNCILMAN TURNER-I hope it isn't. MR. UNDERWOOD-I can't take no more. SUPERVISOR BROWER-In that case Chris is basically saying a motion. EXECUTIVE DIRECTOR, MR. ROUND-You have to close the public hearing. SUPERVISOR BROWER-I'll close the public hearing at this time. PUBLIC HEARING CLOSED RESOLUTION REGARDING SEWAGE DISPOSAL VARIANCE OF WILLIAM UNDERWOOD RESOLUTION NO.BOH 5, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner Motion that the applicant seek professional advice whether it be a engineer or other and get back to this board in sixty days with potential alternatives or the same thing if it deems to be adequate by an engineer or an appropriate professional. Duly adopted this 28th day of January, 2002, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec Noes: None AbsentNone RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH6, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 28th day of January, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer Noes: None AbsentNone DISCUSSION HELD SUPERVISOR BROWER-Asked if there was anyone present representing the Aviation Mall? Noted Attorney Lapper contacted him noting he was ill asked for correspondence to be read into the record. DEPUTY CLERK O'BRIEN-Read following letter into the record. January 28th, 2002 Re: Pyramid Company of Glens Falls Inc. - Former Howard Johnson's Restaurant Site Dear Supervisor Brower and Town Board Members: As a follow-up to my appearance at the January 14th Town Board meeting I have been asked to report that Pyramid has now received competing written offers for the sale and/or lease of the hotel property. Negotiations with these parties is ongoing. Pyramid understands that the Town is seeking action on this site as soon as possible but the hopeful outcome of a hotel which is back in service will be more beneficial to the Town than either a repaired vacant hotel or a demolished building. I am hoping not to have to attend tonight's Town Board meeting as I am home sick but I can be reached at 798-1322 should any of you wish to discuss this matter with me today. I will update you again shortly. Very Truly Yours, Jonathan C. Lapper, Esq. COUNCILMAN STEC-I have a quick question for Chris. Do you know when our time line terminates? EXECUTIVE DIRECTOR, MR. ROUND-February 20th. COUNCILMAN STEC-Ifwe take no action between now and February 20th, then what would the next step be provided that we wanted to proceed? ATTORNEY LAPPER-The Order was to have the demolition and removal by then or the Town can do it at the owner's expense. COUNCILMAN STEC-That's my question what would need to do if they haven't done it yet? ATTORNEY HAFNER-I understood that the decision would be the Town you've already directed the Director of Building and Codes to make the necessary arrangements to do it if it's not done by the twentieth you put that right in the resolution. SUPERVISOR BROWER-I've asked our Purchasing Agent to get bids on the demolition of the property. COUNCILMAN STEC-Presumably before that could happen we would need a resolution authorizing it. ATTORNEY HAFNER -You've already done a resolution authorizing that. COUNCILMAN STEC- That was included awarding a bid to a contractor? COUNCILMAN BOOR-We haven't awarding the bid but we've authorized that it be done. COUNCILMAN STEC-We would have to accept the bid though, right? COUNCILMAN TURNER-Yeah, but you could extend the deadline, too. COUNCILMAN STEC-We could. COUNCILMAN BREWER-I don't think that's appropriate. COUNCILMAN TURNER-No, I mean if they're within an arms length of selling the thing. COUNCILMAN BREWER-Well they better shorten their arm Ted because they've been three years. COUNCILMAN TURNER-They don't move that fast and you know it. COUNCILMAN BOOR-I don't think that selling it is a solution for anybody. I'mjust saying they sell it and the other guy sits on it forever. COUNCILMAN BREWER-My proposal is we continue the direction we've marched and if they come back to us with a contract that somebody is going to redo that motel then that's a different story. As far as I'm concerned they've put us off, and put us off, and put us off, long enough let's just get on with business they know where we're going. COUCILMAN BOOR-I would add though a contract for something means absolutely nothing to me a contract means nothing until I see five hundred people in there working to make it better. They can have a contract that somebody will do anything and he can default on the contract then it goes back to them. I don't want to get hung up in this legal paperwork that really just means that they get more time. I think anybody who's walked the property, look at it, myself having an extensive construction background that thing is not fixable. There isn't anybody within their right mind that would try to make that into what it was we're naive if we think otherwise. COUNCILMAN STEC-I think we've been pretty clear with the mall I think they know exactly where we stand let's see what happens February 20th. SUPERVISOR BROWER-We'll move on then. I'll ask Karen if she has any other correspondence to read into the record. CORRESPONDENCE DEPUTY CLERK O'BRIEN- Read following letters into the record. Letter: Van & Mildred Dykeman 71 Surrey Field Drive Queensbury, NY 12804 January 18th, 2002 Town Board Town of Queensbury Queensbury, NY 12804 Attention: Town Clerk Dear Sir or Madam: We are writing to you about a serious traffic concern of ours regarding the three-way intersection of Haviland Road and Meadowbrook Road in Queensbury. As Queensbury residents for over three years, we have crossed that dangerous intersection numerous times, and may we add, with great caution. The major problem is there is no way of seeing if a car is approaching from the west on Haviland until it has crested the hill. Even after looking in both directions for an opportunity to cross, you barely have enough time once the car is in sight. As you are aware, this road is used to cross from Bay to Ridge, and with increased volume during the school year by the students of Adirondack Community College. Incidentally, these students aren't known for their slow driving! To add to the problem, there is no means of knowing that a road even exists at the crest of the hill since there is no sign indicating its existence. We sincerely believe that there is a deadly accident just waiting to happen! As you are aware, many new senior residents are residing, or will be moving in the near future near or to that location. Specifically, we are referring to the new developments on Meadowbrook, which are designed mainly for senior living. Obviously, many of the future drivers using this intersection will be seniors, and with slower reflects they will have a difficult time getting out of the way of this fast moving oncoming traffic. We strongly fee there is a definite need for a light of some type installed at this intersection before some real tragedy befalls our Town. We sincerely hope that you give this important matter your utmost attention. We would also appreciate an acknowledgement to our request regarding your decision. Sincerely yours, Van E. Dykeman Mildred B. Dykeman Letter: January 11, 2002 Mr. William Remington County Superintendent of Public Works 4028 Main Street Warrensburg, NY 12885-1100 Re: Speed Limit Request Big Bay Road Town of Queensbury Warren County Dear Mr. Remington: In response to your request dated November 5, 2001, we have completed an investigation of Big Bay Road, a town highway, and have determined that a change in the regulatory speed limit is justified. A Notice of Order has been written for a 45 MPH speed limit from Corinth Road (CR 28) to Palmer Drive, a distance of approximately 2.3 miles. As soon as you receive this Order, which is now being processed by the Secretary of State, please arrange to have the appropriate agency install the speed limit signs in accordance with the New York State Manual of Uniform Traffic Control Devices. If you have any questions regarding this matter, please call Joe DeSorbo of this office at 474-6377. Sincerely, William E. Logan Regional Traffic Engineer On file in Town Clerk's Office: Fire Marshal's Office Annual Report for 2001 Public Health Officer, Robert L. Evans Annual Report 2001 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM DAVE KINNEY-Spoke to the board regarding the lighting along Route 9, Factory Outlet Stores noting he has received complaints from tenants regarding there is no lighting. Noted he is in the lighting district and pays for lights would like lights to be placed along Route 9. Believes this is a major economic issue for the Town as far as the sales in making this a real shopping district a walking district without lights it is dangerous. COUNCILMAN BREWER-Questioned what ever happened to the plan? MR. KINNEY-Thinks it was put off because of the reconstruction of the road with the sidewalks. COUNCILMAN TURNER-Will have to look at it and get a quote from Niagara Mohawk. ATTORNEY HAFNER-Recommended putting together a memo to board members for the next Town Board Meeting noting there is a procedure involved with this. SUPERVISOR BROWER-Recommended putting architectural lights there. COUNCILMAN STEC-Noted should look into this. COUNCILMAN TURNER-Noted if you look at the study thinks the study shows that architectural lights are suppose to go there. COUNCILMAN BOOR-Questioned if the lighting district includes any of Route 149 or just Route 9? MR. KINNEY-Doesn't know what it includes. COUNCILMAN BREWER-Recommended for workshop to bring copy of the plan? EXECUTIVE DIRECTOR, MR. ROUND-Doesn't know that the plan address that. The plan that Mr. Kinney is talking about there were several things done over the last fifteen years. When the State was planning the highway improvements the Town working with the Transportation Council commissioned two different studies prior to any of us coming on board one of that was trying to create a pedestrian friendly environment, street lighting, sidewalk connections. Recommended the board to ask the State why the State didn't pick up the cost of lighting during the construction of improvements. Typically it's a state highway they construct improvements they include lighting where appropriate noting they will be making the same requests along Main Street. MR. KINNEY-Asked should they come or will the board contact them? COUNCILMAN BOOR-Who writes the letter to the State and what exactly do they ask? ATTORNEY HAFNER-Noted he recommended a process to go forward and then they can decide where to go. PLlNEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Questioned Resolution Authorizing Revised Agreement Between Town of Queensbury and Glens Falls Symphony Orchestra, Inc. COUNCILMAN BREWER-Asked what are the big differences that they want to change? SUPERVISOR BROWER-Noted the new one is twenty five hundred dollars instead off our thousand dollars. COMPTROLLER, MR. HESS-The difference is one gives free admission to all Queensbury residents and the second one does not. MR. TUCKER-Questioned if it was twenty five hundred dollars for all the concerts or just one? COUNCILMAN BREWER-For one. MR. TUCKER-Questioned if this is to make up for the concert last year that they didn't perform? COUNCILMAN BREWER-Exactly. SUPERVISOR BROWER-Noted this is an indoor concert not an outdoor concert. MR. TUCKER-Questioned what the cost will be after this one concert for twenty five hundred? COUNCILMAN BREWER-It's going to be twenty five hundred. COUNCILMAN BOOR-That's it until we authorize more. MR. TUCKER-Spoke to the board regarding the piece of land that Hudson Pointe was suppose to donate to the Town just above the Town Department five and a half acres noting Town Counsel contacted Michael O'Connor noting he said the federal government is involved. Asked the board to make a supreme effort to find out what is going on with this and get a definite answer on what's happening with this matter. Spoke to the board regarding an article in the paper regarding Essex County is going to stop bringing their trash to our Burn Plant because they can do it thirty five thousand dollars cheaper taking it to Clinton County to a landfill. They had a landfill being built in Essex County they built one cell and misused it Governor Pataki came in bought them out and gave them twenty years of financial support to take care of their garbage situation noted one of the things that they were suppose to do is bring their trash to the Hudson Falls Trash Plant that was part of the agreement asked Supervisor Brower to look into this matter. Spoke to the board regarding an article in the Chronicle concerning Home Depot. Questioned if the financial figures that were in the article in the Chronicle were accurate? SUPERVISOR BROWER-Noted that Lowe's has significant weekly revenue that they bring in. MR. TUCKER-Noted his concern for the people that are here already doing business. Asked the board to talk to Home Depot regarding impact fees. DAVID STRAINER, RIDGE ROAD, QUEENSBURY-Spoke to the board noting his concern for a resolution that was passed in workshop regarding an appointment to the Planning Board. Noted when he came to the January 1st, meeting was told it was going to be tabled until the meeting of January 15th, found out when he came to the meeting you had already voted on it. Noted it is a seven-year position thinks its something that should have been scrutinized a little more. Thinks that the Zoning and Planning Board appointments are very troublesome when you don't pick people that really don't understand that it takes time, effort, it is a very serious position in this Town noting he would have like to have had some input of his opinion. Spoke to the board regarding the seating people have to sit in during meetings noting they are very uncomfortable believes that the Town has enough money to purchase chairs that are more comfortable. PHIL RUSSELL, 21 AVIATION ROAD, QUEENSBURY-Spoke to the board noting his concerns with Councilman Turner's comments regarding the Pyramid Mall and the motel giving them an extension. JOHN STROUGH-Spoke to the board noting that today was the due date for the revised sewer agreement for Glens Falls questioned if this happened? COUNCILMAN STEC-Noted it is February 28th. SUPERVISOR BROWER-Have received a second Sewer Agreement, which the Sewer Committee met on last week noting there are still gaps they are concerned about noting Attorney Hafner is taking action to resolve this. MR. STROUGH-Questioned if there has been any discussion concerning water filtration at all? COUNCILMAN STEC-No. MR. STROUGH-Spoke to the board regarding an article in the Post Star dated January 19th, noted that the City is one step closer to taking advantage of a three hundred thousand State Clean Water Clean Air Bond Air Grant that will be used to evaluate and repair dams at the City Water Reservoirs. Noted his concern that it makes you kind of question any kind of sincerity on behalf of Glens Falls to look at sharing water services after we get done with the sewer deal. COUNCILMAN BOOR-Noted he has spoken to two people from the City noting that they definitely want to have a sewer deal completed before they talk about water noted he understood Mr. Strough's concerns. COUNCILMAN STEC-Noted he was given the impression in meetings on July 9th and October 13th they would be talking about water. COUNCILMAN BOOR-Noted the City has hired a professional engineer hoping that if in fact we are offering them a good a deal as we believe we are that he will point this out to them. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION ACCEPTING RESIGNATION OF HON. WILLIAM A. BACAS AND AUTHORIZING APPOINTMENT TO VACANT TOWN JUSTICE POSITION RESOLUTION NO.: 79, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by letter dated January 22, 2002, Queensbury Town Justice William A. Bacas advised the Queensbury Town Clerk that he will retire as Town Justice effective February I, 2002, and WHEREAS, the Town Board wishes to accept Judge Bacas' resignation and appoint a replacement to the Town Justice position soon to be vacated by Judge Bacas, and WHEREAS, the Town Board has reviewed resumes, interviewed interested candidates and is ready to make an appointment to the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts with regret the resignation of Town Justice William A. Bacas effective February I, 2002 and wishes Judge Bacas the best ofluck and good health in his retirement, and BE IT FURTHER, RESOLVED, that the Town Board appoints Robert McNally as Queensbury Town Justice effective February 1st, 2002 through December 31st, 2002, and BE IT FURTHER, RESOLVED, that the salary paid to Mr. McNally shall be as set forth in the Town's 2002 Budget for the Town Justice position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Warren County Board of Elections and New York State Office of Court Administration, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Comptroller's Office to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-Noted that Friday evening the Town Board convened in a Special Town Board Meeting that was advertised to interview candidates for the open Judge position that William Bacas has vacated effective February 1st. They attempted and generally succeeded in contacting candidates that had expressed interest Democratic candidate Dennis Tarantino, Republican candidates Dave Philion, Michael Stern, and Robert Me Nally. Noted all but one candidate could attend that evening they talked to each candidate at length noting no action was taken in Executive Session. Supervisor Brower congratulated Mr. Me Nally on his appointment. RESOLUTION RE-APPOINTING LEWIS STONE AS MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 80, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, Lewis Stone's term on the Zoning Board of Appeals expired on December 31st, 200 I and he has expressed his wish for reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Lewis Stone to serve as a member of the Queensbury Zoning Board of Appeals until his term expires on December 31, 2008. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION DESIGNATING LEWIS STONE CHAIRMAN OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 81, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board has received the Queensbury Zoning Board of Appeals' recommendation for its year 2002 Chairman and the Town Board now wishes to designate Lewis Stone as Chairman of the Zoning Board of Appeals for the year 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates Lewis Stone as Chairman of the Town's Zoning Board of Appeals for the year 2002. Duly adopted this 28th day of January, 2002, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner Noes: None AbsentNone RESOLUTION AUTHORIZING PURCHASE ORDER FOR TWO (2) FORD F-350 4X4 TRUCKS FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 82,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Water Superintendent has advised the Town Board that he wishes to purchase two (2) Ford F-350 4x4 trucks to replace three (3) vehicles in the Town Water Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC58421, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Water Superintendent's purchase of two (2) Ford F-350 4x4 trucks from Genesee Truck Sales in accordance with New York State Contract #PC5842I for an amount not to exceed $27,378 each, or $54,756 in total, to be paid for from the appropriate Water Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR ONE (1) LIGHT DUTY FORD F-350 TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 83,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) light duty Ford F-350 crew cab with dump body and hoist for use by the Town Highway Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC58421, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) light duty Ford F-350 crew cab with dump body and hoist from Genesee Truck Sales in accordance with New York State Contract #PC5842I for an amount not to exceed $27,937 to be paid for from the appropriate Highway Department account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR PREPARATION OF TOWN OF QUEENSBURY TOWN REPORT RESOLUTION NO.: 84,2002 INTRODUCED BY: Mr. Roger Boor SECONDED BY: Mr. Theodore Turner WHEREAS, the Town's Purchasing Agent has requested Town Board authorization to distribute a Request for Proposals (RFP) to qualified companies for the planning, preparation, development and printing of the Town of Queensbury's quarterly Town Report, and WHEREAS, the Town Board wishes to authorize distribution of the RFP substantially in the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to distribute the Request for Proposals, substantially in the form presented at this meeting, for the planning, preparation, development and printing of the Town of Queensbury's quarterly Town Report, and RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 85,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: PARKS AND RECREATION: FROM: TO: $ AMOUNT: *Various Accounts- See table below 01-7020-1340 (Rec. Spec. PT) $3,980 *FROM ACCOUNT # ACCOUNT TITLE AMOUNT 001-7020-1350 Rec. Maint. PT. $ 323.001-7020-1361 Rec. Aquatics Supv. $ 171 001-7020-2010 Off. Furn. & Equip. $ 51 001-7020-4010 Office Supplies $ 62 001- 7020-4040 Dues - Prof. & Govt. $ 50 001-7020-4060 Bldg. R & M $ 462 001-7020-4100 Telephone Use $ 54001-7020-4120 Printing $ 300001-7020-4220 Training & Education $ 682 *FROM ACCOUNT # ACCOUNT TITLE AMOUNT 001-7020-4446 Safety Tng. Mat. $ 100001-7020-4821 Rec. Staff Unif. $ 267001-7110-1400 Laborer A $ 210 001-7110-2001 Misc. Equip. $ 103001-7110-2060 Tools $ 150001-7110-4400 Misc. Contractual $ 455001-7110-4410 Fuel for Vehicle $ 296001-7110-4500 Heating Fuel $ 108 001-7110-4822 Rec. Part. Unif. $ 136 TOTAL $3,980 Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 86,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, and WHEREAS, the Queensbury Town Board has set the Year 2002 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as delineated on the attached schedule to this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None COUNCILMAN BREWER LEFT MEETING ROOM RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT TO ATTEND 2002 AMERICAN PLANNING ASSOCIATION CONFERENCE RESOLUTION NO.: 87,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Executive Director of Community Development has requested Town Board authorization to attend the 2002 American Planning Association (AP A) Annual Conference, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Planning Department's budget, and WHEREAS, in accordance with Town Policy the Queensbury Town Board must authorize out-of- state travel by Town employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development to attend the 2002 American Planning Association Conference to be held in Chicago, IL from April 13th through April 17th, 2002, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER ON FEBRUARY 22, 2002 RESOLUTION NO.: 88,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Alonzo Fireworks Display, Inc., on behalf of West Enterprises, has requested permission to conduct a fireworks display as follows: SPONSOR: West Enterprises PLACE: West Mountain Ski Center DATE: Friday, February 22,2002 TIME: 9:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law ~405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of West Enterprises, subject to the following conditions: I. An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING REVISED AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 89,2002 INTRODUCED BY: Mr. Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Glens Falls Symphony Orchestra, Inc., (Symphony) helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, by Resolution No.: 24,2002, the Town Board authorized an Agreement with the Symphony for the year 2002, and WHEREAS, the Town Board wishes to slightly modify the Agreement authorized by Resolution No.: 24,2002, and WHEREAS, a copy of the revised Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the revised Agreement between the Town of Queensbury and the Glens Falls Symphony Orchestra, Inc., as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town Account. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) CONCERNING AMENDMENT OF WORKDAY SCHEDULE FOR CERTAIN EMPLOYEES IN TOWN WATER AND WASTEWATER DEPARTMENTS RESOLUTION NO.: 90,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, there is currently an Agreement between the Town of Queensbury (Town) and the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) which is in full force and effect until December 31st, 2002, and WHEREAS, the Agreement provides for, among other things, work day schedules in the Town's Water and Wastewater Department, and WHEREAS, certain employees of the Water and Wastewater Department have asked for a change in their work day schedule(s), and WHEREAS, the Town and the CSEA have met and negotiated terms to modify the current CSEA Agreement to provide for a change in the work day schedule of such employees, and WHEREAS, an Agreement between the Town and the CSEA has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town and the Town of Queensbury Unit of the Civil Service Employees Association, Inc. substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Water Superintendent/Wastewater Director to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Stec, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Brewer COUNCILMAN BREWER REENTERED MEETING ROOM RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR ADMINISTRATION OF THE TOWN OF QUEENSBURY'S DEFERRED COMPENSATION PLAN TO HARTFORD LIFE INSURANCE COMPANY RESOLUTION NO.: 91,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State Finance Law ~5 and the New York State Deferred Compensation Board Regulations, the Queensbury Town Board previously adopted and currently administers the Deferred Compensation Plan for Employees of the Town of Queensbury, and WHEREAS, the Town's Deferred Compensation Committee accepted and reviewed proposals for administration of the Town's Deferred Compensation Plan for a five-year contract period as set forth in ~9003 of Subtitle II, Title 9 NYCRR, and WHEREAS, the Deferred Compensation Committee has recommended that the Town Board award the contract to Hartford Life Insurance Company as Administrative Services Agency and Financial Organization in accordance with ~9003 of Subtitle II, Title 9 NYCRR, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the contract for administration of the Town's Deferred Compensation Plan for a five-year contract period to Hartford Life Insurance Company as Administrative Services Agency and Financial Organization in accordance with Section 9003 of subtitle II, Title 9 NYCRR, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute all necessary documentation to contract with Hartford Life for administrative and financial services for the Town's Deferred Compensation Plan for the period January 29,2002 or as soon thereafter as possible through January 29,2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Comptroller and/or Town Counsel to file this Resolution, make any necessary notifications and take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-Noted he would like the Committee to consider that the employees be able to change a little more frequently than they do. COMPTROLLER, MR. HESS-The Committee has business to attend to in February with a number of changes noting this is one of the things they will be talking about. RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY BENY AMINI ENTERPRISES, INC. TO TOWN PLANNING BOARD AND, IF NECESSARY, TO WARREN COUNTY PLANNING BOARD RESOLUTION NO. 92, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Benyamini Enterprises, Inc., has submitted an application to the Queensbury Town Clerk's Office for rezoning of three (3) parcels of property 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 in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board, and, if necessary, the Warren County Planning Board, for report and recommendation: APPLICATION OF Benyamini Enterprises, Inc. TAX MAP NO.'S: 302.08-2-66.1, 302.08-2-72, 302.08-2-73 LOCATION OF PROPERTIES East Side of Everts Avenue, Queensbury, NY APPLICATION FOR Rezoning of three (3) parcels currently zoned Single Family Residential- 20,000 Square Feet (SFR-20) to Highway Commercial- One Acre (HC-IA) and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencIes. Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: DENNIS MAC ELROY, ENVIRONMENTAL DESIGNS, REPRESENTING BENY AMINI ENTERPRISES-presented brief presentation to the board regarding project. RESOLUTION RE-APPOINTING MEMBERS TO SMART GROWTH TASK FORCE RESOLUTION NO.: 93,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 139,2001, the Queensbury Town Board established and appointed members to a Smart Growth Task Force to work with members appointed by the City of Glens Falls in evaluating options for the rational and logical growth of commercial, residential and industrial development to adequately service the needs of residents of both communities, and WHEREAS, the Town Board wishes to re-appoint its members to the Smart Growth Task Force, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following members to the Smart Growth Task Force with membership terms to expire December 31, 2002: 1. Doug Auer; 2. Doug Irish; 3. Richard Merrill; 4. Otte. William Morton; and 5. Helen Duly adopted this 28th day of January, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT None TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Spoke to Landfill Superintendent, Jim Coughlin regarding Free Tire Disposal Day for Queensbury. Supervisor Brower noted he would be contact Mr. Coughlin regarding this matter to schedule a day. Councilman Brewer requested a resolution for the first meeting in February. COUNCILMAN STEC-Asked the status of the speed wagon on West Mountain Road. SUPERVISOR BROWER-Noted the Sheriff hasn't said anything. The Sheriff has acknowledged they will put it out there noting they only have one speed wagon for the County. Supervisor Brower spoke to the board regarding letter sent to Mayor Regan, copied to Boston Scientific regarding meeting with Ralph Van Dusen, Mike Shaw, Mayor Regan, and Don Coalts regarding water pressure on the east end of the City. They asked Queensbury if we could assist them in any way. Supervisor Brower noted they did offer assistance at this point in time haven't heard anything. Sent letter noting that Queensbury stands prepared to assist them with any water needs they have expects to hear from the City regarding this matter. COUNCILMAN BOOR-Asked whatever Committee is working with Glens Falls to work expeditiously. Requested a copy of what they send back so he can be up to date on things. COUNCILMAN BREWER-Spoke to the board regarding the Memorial Day Parade. Noted he has spoken with Jim Clark last Thursday he mailed a letter to all the people that were involved with the Memorial Day Parade first meeting is scheduled for the first Thursday in February. COUNCILMAN BOOR-Spoke to the board regarding zoning changes. Asked if they will be having a workshop soon to start talking about these changes? EXECUTIVE DIRECTOR, MR. ROUND-They will be providing the board with sununaries, feedback, and recommendations within two or three weeks. The comment period ends February 15th have encouraged the public if they do have additional comments to provide those by that date. Hopeful that they will be able to have a resolution and Ordinance ready for February 25th. ATTORNEY MATTERS RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 94, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 28th day of January, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury