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1992-04-20 REGULAR TOWN BOARD MEETING APRIL 20, 1992 7:00 P.M. MTG# 40 RES #229-237 B.H. 11-12 BOARD MEMBERS PRESENT SUPERVISOR MICHEL BRANDT COUNCILMAN PLINEY TUCKER COUNCILMAN NICK CAIMANO COUNCILMAN BETTY MONAHAN BOARD MEMBERS ABSENT COUNCILMAN SUSAN GOETZ TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS HARRY HANSEN, c.P. SOUTH PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Brandt -Called meeting to order. RESOLUTION ENTERING BOARD OF HEALTH RESOLUTION NO. 229, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 20th day of April, 1992, by the following vote: All Those in Favor: Ayes Anyone Those Opposed: Noes Absent: Mrs. Goetz Discussion Held Councilman Monahan-Noted the following concerns. The disclaimer and the environmental impact statement is only signed by Sherry Williams not by both applicants. Attorney Dusek-Stated the environmental impact he doesn't believe this is a problem. Noted that on the disclaimer form it would up to the Board if they wanted both applicants name to appears. Councilman Monahan-Recommended both signatures should be on the disclaimer form. Questioned what brook is involved with this sewer variance. Attorney Dusek-Noted he will send a memo to Dave Hatin noting that he should listen to the minutes of this meeting noting these concerns. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR SHERRY AND JOSEPH WILLIAMS, JR. RESOLUTION NO.:ll,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Sherry and Joseph Williams, Jr. have applied to the Local Board of Health of the Town of Queensbury for two (2) variances from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Tile Field 100' Tile Field 100' and WHEREAS, Sherry and Joseph Williams, Jr. have indicated a desire to place the tile field: 1) 65' from his own well, rather than placing it at the mandated 100' distance; and 2) 100' distance; 65' from a stream, lake or water course (brook), rather than placing it at the mandated NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 4th, 1992, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two (2) variances of Sherry and Joseph Williams, Jr. to place the tile field: 1) 2) 100' distance; 65' from his own well, rather than placing it at the mandated 100' distance; and 65' from a stream, lake or water course (brook), rather than placing it at the mandated on property situated on Gurney Lane, 1,000 feet past (west of) Northway Entrance No. 20, Queensbury, New York, and bearing Tax Map No.: 32-1-26.1, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 20th day of April, 1992, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:Mrs. Goetz RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 12, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 20th day of April, 1992, by the following vote: All Those in Favor: Ayes Anyone Those Opposed: None Absent: Mrs. Goetz RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 230, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of the two special meetings of March 31, 1992 and the minutes of April 9th, 1992. Duly adopted this 20th day of April, 1992, by the following vote: All Those in Favor: Ayes Anyone Opposed: None Abstain: Mrs. Monahan (meetings of March 31, 1992) Absent: Mrs. Goetz RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENT TO THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179 THEREOF ENTITLED "ZONING" RESOLUTION NO. 231,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of amending, supplementing, changing and/or modifying the Town of Queensbury Zoning Ordinance, the same having been previously codified and made a part of the Code of the Town of Queensbury as Chapter 179 thereof entitled "Zoning," and WHEREAS, the proposed amendment to the said Code of the Town of Queensbury, Chapter 179 thereof entitled "Zoning" is in the form of a Local Law and is presented to this meeting of the said Town Board with this resolution and is incorporated herein, as if more fully set forth herein, for all purposes, and WHEREAS, a completed Part I of a Long Environmental Assessment Form has also been presented at this meeting, together with comments from the Senior Planner, and WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law and the relevant sections of the Municipal Home Rule Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance as codified by Ordinance of Local Law, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance as codified, it is necessary to hold a public hearing prior to adopting said proposed amendment, and WHEREAS, it is also necessary to provide notice to other governmental bodies or agencies as required by law, and WHEREAS, it is also necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendment, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is a Type I action under the provisions of and regulations adopted pursuant to said State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to conduct a coordinated review and be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act and directs that such notices be sent by the Zoning Administrator to such other involved agencies as may be required under SEQRA to notify the agencies of this action and that the Town Board desires to be lead agent in a coordinated review and that a lead agency must be agreed to within 30 days, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on May 18th, 1992, at 7:00 p.m. in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by the Town Attorney and substantially in conformance with the Notice presented at this meeting, for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin Board outside the Clerk's Office said notice, and BE IT FURTHER RESOLVED, that the Zoning Administrator is hereby authorized and directed to give written notice of the proposed amendment to the Zoning Ordinance of the Town of Queensbury as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, a copy of this resolution and a copy of the written notice previously described 10 days prior to the public hearing to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 264 of the Town Law and Municipal Home Rule Law of the State of New York, the Code of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER RESOLVED, that the Zoning Administrator is hereby authorized and directed to give notice of said proposed amendment to the Zoning Ordinance as codified and a part of the Code of the Town of Queensbury, Chapter 179, thereof entitled "Zoning," a copy of the Environmental Assessment Form, the Notice of Public Hearing and a copy of this resolution to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Code of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Zoning Administrator is also hereby directed to send a copy of the proposed amendment, Notice of Public Hearing, a copy of the Environmental Assessment Form and a copy of this resolution to the Adirondack Park Agency. Duly adopted this 20th day of April, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:Mrs. Goetz Discussion Held Before Vote Councilman Monahan-Noted that the Planning Department has come concerns that this might be used as a way to subdivide large pieces of land... to keep re-subdividing under the two lot subdivision. Attorney Dusek-Noted he he reviewed this with Dave Hatin and Pay Crayford. After review of this maater they didn't feel this wouls be that much of a problem due to the limiatations of this. RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY OFFICE FOR AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 232,92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Warren County Office of the Aging has presented to the Town Board of the Town of Queensbury an Agreement which provides for, upon compliance with certain conditions set forth therein, the payment to the Town of Queensbury in the sum of $5,962.00, for the year 1992, for the conducting of a transportation for the elderly program, and WHEREAS, a copy of the aforesaid Agreement has been presented at this meeting, and WHEREAS, said Agreement has been reviewed, and is in the form approved by the Town Attorney, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the aforesaid Agreements on behalf of the said Town Board, and take such other and further steps as may be necessary to effectuate the terms of the Agreement and obtain the funds provided for thereunder, and BE IT FURTHER RESOLVED, that a copy of this Resolution and of the Agreement be filed with the Director of Accounting Services and Town Clerk. Duly adopted this 20th day of April, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:Mrs. Goetz RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.:233, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, certain departments have requested transfers to funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below: LANDFILL FROM AMOUNT TO 910-8160-1840 (Landfill Equip. Operator) 910-8160-1400 (Laborer A) $16,000.00 WASTEWATER DEPARTMENT FROM TO AMOUNT 32-8120-4400 32-8110-4200 $11,535.96 (Quaker Rd. Sewer (Quaker Rd. Sewer District Contractual) District Insurance) Duly adopted this 20th day of April, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES: None ABSENT:Mrs. Goetz DISCUSSIONS HOVEY POND DISCUSSION 7: 13 P.M. Mary Lee Gosline-Representing Friends Of Hovey Pond. Presented to Town Clerk a petition with 400 names plus businesses who pledge to support the development of Hovey Pond Park. Asked the Town to research the possibility of using the Town Highway Department and to hire an engineer to work with them to build a dam. Noted they have already received pledges of donations for various items to construct a park. Would like the Board to think of this project as a community park. Believes Hovey Park could be the result of how our community can work together and achieve a common goal and uphold the Town motto "A Home of Natural Beauty and a Good Place to Live." (petition on file in clerk's office) Town Clerk Dougher-Read petition into record. Petition requested that the Town Board seriously consider that Hovey Pond be atheistically pleasing upon the completion of the project and to assure the replacement of the dam and shoreline to it's original form. William Vogler-22 Glenwood Avenue. Noted his opposition for the Hovey Pond project. Stated this is not a natural pond it is a man made pond made by people for profit. Noted his opposition to the expenditure of money on this project when there are so many areas in the town to expend the funds on. Read letter into the record. (letter on file in clerk's office) Noted his concerns about the project on Glenwood Avenue between Quaker Road and Glen Street. (Presented pictures to Town Clerk, on file in clerk's office) Noted he received a letter from the New York State Department of Environmental Conservation stating that any filling, draining, dredging, construction or related work within a wetland in the area 100' feet adjacent to a wetland remains regulated. (copy on file in clerk's office) Mrs. June Maniacek-Glenwood Avenue. Read letter into record noting her concerns to preserve and promote a historical and environmentally sensitive area to it's maximum potential used by everyone with a minimum of changes for people that would like a natural setting. Mr. Volger-Questioned the Board if this could be put before the residents of the town as a referendum. Supervisor Brandt-Noted it could be done, but isn't sure if that's what should be done. Supervisor Brandt-Drawing presented to public. Supervisor Brandt spoke to the public on various proposals that have been presented to the Town Board regarding the construction of the Hovey Pond area. Councilman Caimano-Noted he thinks a decision could be made that everyone will like. C.P. South-resident of the Town and member of Queensbury Central Volunteer Fire Company. Noted Queensbury Central is the largest property owner bordering Hovey Pond. Stated that the firehouse that was built was deliberately picked and chosen to blend in with the park that the Town of Queensbury was to build at Hovey's Pond. Noted that the fire company shares the same concerns of the residents on Glenwood Avenue. Asked the Town Board about the plan that was drawn up for Hovey's Pond. Requested the Town Board do their utmost to solve the problem with Hovey Pond. Mr. DuBois-resident of the Town. Spoke to the Board of his interest of the aesthetic values of a park. Stated he believes that the matter should be put in the hands of a site planner for him to make the decisions with the plans that have already been presented. Supervisor Brandt-Noted that the Town has a budget to balance. The funds that are in the recreation budget are funds that came from subdividers who had to pay the Town for the privilege of putting houses in subdivisions so that the Town would provide recreation for these homes. Gary Slusher-resident of Queensbury. Noted that this would be a way to bring the community together to show other communities how we could work together as a Town both with the political end, the public, people who don't want to see things, people who do want to see things. Councilman Caimano-Stated the Board is listening to all concerns relating to this project. Unknown-Questioned the Board if this will be resolved this year. Supervisor Brandt-Noted the biggest problem is making a decision. Stated the Board should try and target to do something this year, noted that it has to be cost effective. Councilman Monahan-Noted that there is a chance here for the whole Town of Queensbury to pull together and to maybe make a center of the Town where we, strangers, visitors, of the Town can go to relax. Councilman Tucker-Noted that one of the problems with this project is that there hasn't been a firm plan. It was the decision of the Board to discuss this matter further. Noted prior to May 15th the Board will have definitive plans on someone at least putting together engineer drawings, studies etc., to move on from there. Mr. Bernard Rahill-Spoke to the Board concerning the Town of Queensbury Department of Parks and Recreation Master Plan. Noted that this is a very extensive document and covers a lot of important areas in the Town that are suppose to be developed in different ways for the purpose of providing recreational facilities for adults and children. Stated he thinks to a large degree there are a lot of things unanswered concerning Hovey Pond. Noted his concern of taking a strong position on an overall recreation master plan to know where we're going as a complete community before taking on a piece of property that is two hundred yards away from Crandall Park. Discussion Closed 8: 19 p.m. DISCUSSION SIDEWALKS 8:20 P.M. Councilman Caimano-Noted a complaint has been received from Mrs. Knapp of the Broadacres area concerning sidewalks on her property. Noted that the top of the entire sidewalk along her property has chipped away and has created a dangerous situation. Supervisor Brandt -Handed Councilman Caimano a letter concerning the management of sidewalks and the liability it would cost the Town. Stated he thinks the Board should look into this matter of sidewalk management further. DISCUSSION CRANDALL LIBRARY 8:25 P.M. Mark Lebowitz and Christine McDonald-Representing Crandall Library. Spoke to the Town Board concerning the Library request for a public library district. Noted that the fifty percent of the funding for the library is derived from the local municipalities in which it serves and is also supported by a contribution from Warren County to the Southern Adirondack Library System. For several years the library board has thought a better system would be a library district. As a result of meetings, there has been drafted legislation which has been introduced in the state legislature and is currently pending in the committees above the Senate and Assembly. Stated iflegislation is passed the question of whether a library district should be formed would be put to the voters within the district. Noted not only must the concept of the public library district be approved by the majority of the voters in the district as a whole, but it must be approved by a majority of voters in each of the municipalities. The library board is presently at the stage where they are soliciting from municipalities a Home Rule Request to be forwarded to the State Legislature acknowledging the existence of the legislation in asking that it be considered by the legislature. The purpose being that ultimately the voters would have an opportunity to say whether they want such a district or not. Councilman Monahan-Questioned Mr. Lebowitz about the language in the legislation that was written in regard to the polling places and hours to the general election. Noted the reason that the municipalities requested that this be done during the general election was so the exposure would be to the voters. The assumption was that the polling places would be the general election polling places and the hours of the general election. Noted her concern that a clause was left in that the hours could be extended, but the hours don't have to be extended from noon to nine o'clock. Also provisions have been made for extra election inspectors. Noted that if general election inspectors are going to be present then you wouldn't be having this at the general polling places because this isn't allowed. Mr. Lebowitz-Stated the intent was that the election would be at the general election on the ballot with the other issues at all of the polling places at which the general election is conducted. Councilman Monahan-Noted the law isn't written in this manner and the library board would have the power not to do it the way the municipalities want it. Mr. Lebowitz-Stated the only difference between the legislation that the board has now and the legislation that was being considered by the three municipalities at the last joint meeting is the inclusion of the provision that the election will be held at the general election day as opposed to a separate day. Noted he thinks the library board will pass a resolution in the manner that Councilman Monahan stated. Councilman Monahan-Noted that on page 3, only times are mentioned you don't give the library board the authority or the municipalities the authority to set the polling places. Supervisor Brandt-Noted in listening to the discussions that took place there are two issues. One is the creation of the district to have a referendum to find out if the people want this or don't want this, noted it was the consensus that this be done at a general election. If it were created then there is a separate issue. The separate issue is the election of the board of directors in the future, noted it seemed to him there was a discussion with those kind of elections being held concurrent with the general election. Asked if a resolution could be passed authorizing this subject to the requirement that the referendum vote be held in conjunction with the general election. Attorney Dusek-Noted he believes that every time a change occurs in the law each municipality would have to adopt a new home rule request. Mr. Lebowitz-Noted the board of Crandall Library could pass a resolution to the effect that the initial referendum be conducted at a general election at the same polling places during the same hours. Noted with that resolution having been passed perhaps Queensbury could consider the home rule request. Attorney Dusek-Stated there are two approaches. One to actually change the law which entails a process. The other alternative is to accept a resolution offered by Crandall Library that is passed by their own board on face value. Councilman Tucker-Asked if the law was amended and this wasn't passed this year would the Town Board agree to fund the library the same as it has in the past. Board-Yes. Mr. Lebowitz-Noted that the legislation does require that the election be on the general election day. Mr. Kenneth Parker-Stated the original thought process for making the special library district is that the board is attempting to keep it out of the political process. Noted that they wanted this to be similar to a school election from each district to be held all the same day, all the same hours. Stated it started from an economical point of view to have the election process at the time of the general election. Noted the consensus of opinion was, if this was the way it was to be, than it had to be. Attorney Dusek-Noted that originally when the legislation was written a couple of paragraphs were written encompassing anticipating elections as a whole and elections within 90 days and then subsequent elections as needed if it didn't pass the first time etc. When they changed the general election clause and made it on November and put in a firm date all the rest of the language keys into that, noted he sees where the problem IS. Mrs. Barbara Bennett-Noted her concern that it should be started correct in the beginning. Mr. Charles Adamson-Questioned the Town Board if there was any reason not to trust the library board? Would like to see it voted on this year. Town Board-No. Mr. John Cordes-Agrees that this should be voted on. Attorney Dusek-Asked what if the library were to pass the resolution and agree to, if possible, undertake measures to change the law. If they can successfully go in and change it, adopt the resolution and then the Town Board could go ahead and approve it as is. If it doesn't make it, it doesn't, but if it does at, least you have someone trying to make the corrections. Mr. Clements-Noted his concern on reading the legislation that it is hard for the average citizen to read. Stated this should be correct before it gets started. Mrs. Bennett-Questioned the board on where the figure is coming from that is going to go on the ballot that the voters will vote on? Councilman Monahan-From the Board of Trustees. It will be their budget. The Town will have to collect the taxes, but the library district will have the right to set the budget and levy taxes. Noted when this is increased or decreased it has to come back to the voters for approval. Mr. Carl Kritz-Spoke to the Board on the philosophy of having a library district. Noted he is not opposed to adequate funding of the library, but is opposed to the method of paying for it. Mr. Thomas Nace-citizen of Queensbury. Noted his concern on delaying the process for the funding of the library. Mr. John Salvadore-Questioned if the three communities that fund the library system now evaporated, what would the source of funding be for the library? Christine McDonald-Noted the library would dissolve. JoAnn Holmes-Questioned the board if this would show up on town taxes every year? Councilman Monahan-Yes. Councilman Caimano-Proposed to table this matter to a later date until the board gets a clearer direction from the Town Attorney to solve Councilman Monahan's concerns and until there is a full board. COMMUNICATIONS - Letter of Evaluation and Recommendation Regarding Engineering Technical Service Proposals Letter on file in Town Clerk's Office Harold Hansen-speaking on behalf of Lee York. Stated, a little over a month ago RFP's were sent out for engineering and technical services to assist the Planning Board and Planning Department. Eight replys have been received and are outlined in the report. Noted Lee York has recommended to the Town Board to hire Rist Frost for the remainder of 1992 to do the technical services that are required by the Planning Board and Planning Department. Noted that they will only appear at the Planning Board meetings when requested. RESOLUTION HIRING ENGINEERING TECHNICAL SERVICES RESOLUTION NO. 234, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. PLINEY TUCKER WHEREAS, the Town Board of the Town of Queensbury previously authorized requests for proposals for engineer technical services for the Planning and Zoning Boards of the Town of Queensbury, and WHEREAS, several proposals were returned by various engineering firms, and WHEREAS, the proposals were reviewed by the Senior Planner, Lee York and Special Assistant to the Town Board, Harold Hansen and a evaluation and recommendation has been made to the Town Board such evaluation and recommendation being that Rist Frost Associates be retained by the Town, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury after due consideration hereby determines that and authorizes the retention of the engineering firm Rist Frost Associates, P.C. with a contract to be entered into if one is necessary by the Town the same to be in a form to be approved by the Town Attorney and executed by the Town Supervisor and the same also to provide a provision that the engineering services will be only as requested when requested, and BE IT FURTHER RESOLVED, that the cost for engineering services shall be paid for from the Reimbursable Engineering Services Account #0180204711. Duly adopted this 20th day of April, 1992, by the following vote: Ayes: Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:Mrs. Goetz Discussion Held Supervisor Brandt-Noted a letter has been received from DEC concerning the landfill. It appears that the Town is close in getting declassified as a landfill. In order to move ahead with a closure of the first cell a closure investigation report has to be done. Has contacted several engineering firms for proposals to obtain a closure investigation report. Proposals have been received from Morse Engineering, Engineering and Construction Management, Clough Harbour and from Malcolm Pirnie who quoted only one part. Noted Engineering and Construction Management has closed several landfills recently in the Capital Districts at competitive costs. Supervisor Brandt, to contact the municipalities with which landfills were closed by Morse Engineering and Engineering and Construction Management for their opinion. To be addressed at next meeting. OPEN FORUM 10: 10 P.M. Mr. Francis Martindale-Questioned the status on proposals that were made before the Town Board on the rezoning of his property. Supervisor Brandt-Noted no action has been taken as of yet. Board to review this matter. Councilman Monahan-To return to Town Board with suggestions. Mr. Martindale-Questioned the Town Board if they were aware of the situation with the Planning Board and Zoning Board in regard to selling vegetables at this property. Supervisor Brandt-Stated that this matter came before the board a few days ago. Town Board has said people that are in the business of running farm stores can continue to run farm stores for now while the board reviews the law. Councilman Monahan-Questioned the board about advertising in the Americade program. Noted that she is in favor of this. Would like to see it kept in the area. Noted it is good exposure for the Town to advertise in the program. Town Board-In favor of this. RESOLUTION AUTHORIZING ADVERTISEMENT RESOLUTION NO. 235, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of taking an ad in the brochure to be published by Americade, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the expenditure not to exceed more than $550.00 for a publicity ad to be taken out in the Americade Brochure and to be paid for from the Promotions Account # 001-6410-4426. Duly adopted this 20th day of April, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: Mr. Caimano Absent:Mrs. Goetz Discussion Held Attorney Dusek-Stated he has talked with Lake George Park Commission, the Park Commission would like to know if the Town Board wants additional time to develop storm water management plans. Supervisor Brandt-Noted that the Town is not staffed to do this. Noted at this point, if Park Commission wants to move this, they will have to do it themselves. RESOLUTION APPROVING AUDIT RESOLUTION NO. 236, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Audit of Bills appearing on Abstract of April 20, 1992 and numbering 92-155700 through 92-182200, and totaling $281,986.03, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury has agreed to pay fifty percent ofKD Wheeler Custom Signs vendor number 001433 reflecting in the grand total of $281,986.03 is be and hereby approved. Duly adopted this 20th day of April, 1992, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:Mrs. Goetz Abstain:Mrs. Monahan on CWI voucher due to contractual agreement. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 237, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss property acquisition and sale matters, attorney/client privilege. Duly adopted this 20th day of April, 1992, by the following vote: All Those In Favor: Ayes Anyone Opposed: Noes Absent: Mrs. Goetz No further action was taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury