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1993-06-21 TOWN BOARD MEETING JUNE 21, 1993 7:00 P.M. MTG #45 RES #355-369 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Jim Martin, Mike Shaw PRESS: GF Post Star, Moreau Sun PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO Supervisor Brandt called meeting to order ... noted the July 5th Town Board meeting will be rescheduled to Tuesday July 6th due to the holiday. The first thing on our agenda is a public hearing on a mobile home park. Is there anyone here for Mr. Converse? COUNCILMAN CAIMANO-Does he know? Was it publicized and mailed and all that kind of stuff? SUPERVISOR BRANDT-Do you want to go on to some other matters first before we open that public hearing to see if someone shows up? EXECUTIVE DIRECTOR, MR. MARTIN-They may simply be late. I know his agent Tom Nace planned to be here. SUPERVISOR BRANDT-Okay, let's skip past that on the agenda for right now and come back to it so that we get all of the information. We have some prepared resolutions, let's take those in order. RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF RECORDS MANAGEMENT IMPROVEMENT FUND GRANT RESOLUTION NO. 355, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Supervisor of the Town of Queensbury was notified that the Commissioner of Education of the New York State Education Department is offering a Local Government Records Management Improvement Fund Grant (LGRMIF) in the amount of $23,247.00 to the Town of Queensbury for an inventory/planning project, and WHEREAS, the Town Board of the Town of Queensbury is desirous of accepting the grant offer for an inventory/planning project, as previously identified by the Town of Queensbury, as modified by the changes and recommendations included in the letter from the Assistant Commissioner of Education dated June 16, 1993, and authorizing the Town Supervisor to complete and sign the Grant Acceptance Form, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the acceptance of the Records Management Improvement Fund Grant and hereby authorizes the Town Supervisor to complete and execute the Grant Acceptance Form and take such other and further action as may be required or necessary to arrange for receipt of the grant moneys and otherwise implement the program necessary to accomplish the purposes of the Grant. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING PAYMENT TO BOARD OF ASSESSMENT REVIEW MEMBERS INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: MR. Michel Brandt Town Board held discussion, noted confusion of time sheets, whether they are specifying hours or sessions and the hours involved in each session. Town Board agreed to hold for explanation from the Chairman of the Board. Councilman Goetz-Noted further, the Assessor is saying that they might need up to ten thousand additional dollars and I don't remember that she included that in her total charge for the whole assessment. Councilman Caimano-Noted, it was not. Supervisor Brandt-In fact that came out of her budget and we missed it, we didn't put it in the budget at all and properly it should be in the Assessor's budget. Councilman Caimano-I think you bring up a good point, I don't want the public to think we're arguing over nits and nats, we're arguing over ten or fifteen thousand dollars, is what this amounts to. Supervisor Brandt-Alright, so let's ask for a meeting and withdraw the motion for now. MOTION WITHDRAWN BY: Mr. Caimano and Mr. Brandt Councilman Goetz-One other thing, since we missed that in the budget, will it be a line item under the Assessor's Department the next time around? Supervisor Brandt-I think it should be, yes I think that's the proper place for it. RESOLUTION TO CONDUCT FOOT RACE FOR THE BENEFIT OF THE ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO. RESOLUTION NO. 356, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Adirondack Runners Club and West Glens Falls Volunteer Fire Company have requested permission to conduct a foot race for the benefit of their organizations, as follows: SPONSOR: Adirondack Runners Club, West Glens Falls Volunteer Fire Company EVENT Foot Race DATE: Saturday, June 26, 1993 PLACE: Beginning at St. Alphonsus Church, Broad Street, Glens Falls and ending at the West Glens Falls Firehouse on Luzerne Road, West Glens Falls NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club and West Glens Falls Volunteer Fire Company to hold a Foot Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that Town Board approval of this event be subject to the approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to date and time of the event. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO. 357,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, certain departments have requested transfers of funds for the 1993 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1993 budget: BUILDING & GROUNDS FROM: TO: AMOUNT: 001-1620-1250 (Switchboard Operator) 001-1620-1070 (Part-Time Clerk) $8,813.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT RESOLUTION NO. 358, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr, Nick Caimano WHEREAS, in connection with the operation of the summer Parks and Recreation program by the Town of Queensbury, Harold Hansen, Director of Parks and Recreation, has recommended to the Town Board that recreation activities be provided in various areas of the Town and WHEREAS, the Town of Queensbury is presently not the owner of lands in these various areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Parks and Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands in North Queensbury, West Glens Falls, and Glen Lake respectively to lease said lands for use in connection with the Town's summer Parks and Recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 30 to August 20, 1993, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these three parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, it would serve a legitimate Town purpose to provide summer Parks and Recreational programs in North Queensbury, West Glens Falls and Glen Lake, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid three parcels ofland for a period from June 30, 1993 to August 20, 1993, under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Michel Brandt, Supervisor, be authorized and empowered to execute said leases on behalf of the Town of Queensbury. Duly adopted this 21st day of June, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE - HIGHWAY HOSTS, INC. (HOWARD JOHNSON MOTOR INN AND BLACKSMITH SHOP) RESOLUTION NO. 359,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel and the Town Assessor having made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the tax rolls for the year 1992, as indicated and as follows: HIGHWAY HOSTS, INC. Tax Map No.: Ordered Assessment: Address: 98-1-2 $ 2.9 million 499 Glen Street Glens Falls, NY 12801 Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SALE OF 150' OF PIPE AND MANHOLE NO LONGER NEEDED FOR SEWER PURPOSES RESOLUTION NO. 360, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Central Queensbury Quaker Road Sewer District owns a sub-surface sewer pipe located in the Queensbury Plaza owned by the Estate of Bernard Birnbaum and the Estate of Saul Birnbaum, and WHEREAS, the aforenamed owners are now in the process of redeveloping the Queensbury Plaza and will require modifications to the existing sewer line, and WHEREAS, the Town Board of the Town of Queensbury has determined that the aforesaid sewer line consisting of approximately 150' and one manhole are no longer needed for sewer district purposes, particularly in light of the fact that the same were intended to service the Plaza and that the developer of the Plaza will be arranging for sewer service to the Plaza through this and other sewer pipes installed in the Plaza, and WHEREAS, in order to effectuate the redevelopment of the Plaza, and in light of the fact that the aforesaid sewer pipe is no longer needed and will no longer be of benefit to the Central Queensbury Quaker Road Sewer District, the Town Board is desirous of selling the same to the developer for the sum of $4,250.00, and WHEREAS, Town Law ~ 198 requires a public hearing before the consummation of the aforesaid sale, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be had on the sale of the aforementioned sewer pipe and manhole to the Estate of Bernard Birnbaum and Estate of Saul Birnbaum, as set forth in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that the said public hearing be held on the 6th day of July, 1993, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby authorized and directed to publish a Notice of the Public Hearing in accordance with the Notice of Public Hearing presented at this meeting. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None Supervisor Brandt-Alright, we'll go back to our first item on our agenda. PUBLIC HEARING - MOBILE HOME PARK 7:15 P.M. SUPERVISOR BRANDT-Are there people here to speak on behalf of that? Okay, I'm going to declare the public hearing open and we'll start with your presentation if you would. MR. TOM NACE-Okay, for the record, my name is Tom Nace with Haanan Engineering representing Barry Converse. What we have proposed is a mobile home park off of Warren and Burch Roads. SUPERVISOR BRANDT-Can the public see this alright? MR. NACE-Any better? Okay. It's between Sherman Avenue and Luzerne Road approximately three quarters of a mile east of West Mountain Road. What we have proposed is a mobile home park conforming with the town's mobile home regulations and with the New York State Department of Health regulations. It would be private including private roads and private water system. Water would be obtained from the municipal, Queensbury municipal system. We've provided two accesses to the park, one off Warren Lane and one off Amy Lane or April. April, right? April Lane. Water distribution in the park, fire protection, a couple fire hydrants in the park. And I'll leave it at that and respond to questions as they come up. COUNCILMAN MONAHAN-Tom, those are individual septic systems on each lot? MR. NACE-No, there would be combined septic systems to serve two trailers, each two trailers would have, it's just more effective that way. It reduces the amount of cutting we'll have to do. The septic systems will be, the soils are very good, very deep sands. We've done test pits, several test pits on the property. Department of Health has looked at the plans for septic and water and have some minor comments which I have to clean up but they've in essence, agreed with the plan. COUNCILMAN MONAHAN-The perk rate is not too fast there? MR. NACE-No, it is not. COUNCILMAN CAIMANO- Trailers are owned aren't they? MR. NACE-How's that? COUNCILMAN CAIMANO- Trailers are owned? MR. NACE-By the individuals? COUNCILMAN CAIMANO- Yes. MR. NACE-Yes. COUNCILMAN CAIMANO-How do you handle the two trailers with the one septic, what are your ... MR. NACE-Well, the lots are not owned, the lots are rented or leased, okay. COUNCILMAN CAIMANO-Okay. MR. NACE-And the connections to the sewer and connections to the water are part of the park. The trailers are owned by the individuals that bring them to the site. COUNCILMAN CAIMANO-Alright. SUPERVISOR BRANDT-Okay, are you opened to the public at this point? MR. NACE-I'm opened to questions or opened to public hearing. SUPERVISOR BRANDT -First of all, are there any questions from the Town Board? COUNCILMAN MONAHAN-Jim, this is in a mobile home overlay zone already, right? EXECUTIVE DIRECTOR, MR. MARTIN-Right. COUNCILMAN MONAHAN-Have you checked the surveys to make sure these lot sizes conform and so on and so forth? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN MONAHAN-And does this have to go to the Planning Board also for site plan ... EXECUTIVE DIRECTOR, MR. MARTIN-It already has. COUNCILMAN MONAHAN-Well, for site plan review? EXECUTIVE DIRECTOR, MR. MARTIN-No, this would be the last ... COUNCILMAN MONAHAN-Okay. So, you have checked all the plans and they conform with our mobile home ordinance? EXECUTIVE DIRECTOR, MR. MARTIN-Yes, we've essentially gone through this as a site plan review. The mobile home ordinance lays out but it's substantially a site plan review procedure for this. They went through that as it went to our Planning Board and they had a resolution of recommendation on this. SUPERVISOR BRANDT -And what did they recommend? EXECUTIVE DIRECTOR, MR. MARTIN-They recommended approval with, I can read this into the record. COUNCILMAN MONAHAN-Please. EXECUTIVE DIRECTOR, MR. MARTIN-I believe you were copied on this. A motion to recommend to the Town Board that they consider approval, introduced by Carol Pulver who moved for it's adoption, seconded by George Stark with the following conditions. That as many trees as possible should be preserved, that the applicant should provide a drainage and grading plan so that the project impact on surface, drainage and stormwater runoff can be determined, the entrance which was to be blocked off for emergency only is to be left open so there will be vehicle access to it at all times and the engineering comments of May 13th be addressed, water main should be six inch minimum. COUNCILMAN GOETZ-I have a question, it's in the regs for mobile homes. Needed is a copy of all contemplated park rules, regulations and covenants, and management and tenant responsibilities. Did your office receive that? EXECUTIVE DIRECTOR, MR. MARTIN-No, we have nothing yet. COUNCILMAN MONAHAN-It's section ... COUNCILMAN GOETZ-It's 113-17. MR. LEON STEVES-Yes, is that in applying for the permit itself? COUNCILMAN MONAHAN-Yes. MR. STEVES-Because it is a yearly permit. COUNCILMAN MONAHAN-No, no. COUNCILMAN GOETZ-It says application requirements. COUNCILMAN MONAHAN-With the application itself to us. MR. STEVES-For the permit or for the ... COUNCILMAN MONAHAN-No for us, it's supposed to come in so we know what the covenants are on these lots. COUNCILMAN TUCKER-I got two questions. One for Mr. Martin, the recommendation by the Planning Board with the six inch water main. Who determined, the engineer? EXECUTIVE DIRECTOR, MR. MARTIN-Yes, that was, that corresponds directly with a comment from Tom Yarmuwich. COUNCILMAN TUCKER-Alright and Tom. MR. NACE-There was a misunderstanding, even though Tom had a comment that it should be six inches, it is noted if you look at your plans, it is noted as six inch on the plans. COUNCILMAN TUCKER-My other question is, this trailer park is in my ward, Mr. Converse has other properties there and our building permit has had some problems with him doing things without permits and what have you and I would like it understood that he's going to have to obey all the rules and regulations on this thing or it's going to stop. The Board agree? COUNCILMAN GOETZ-Yea. COUNCILMAN CAIMANO-Sure. COUNCILMAN GOETZ-I have some other concerns. COUNCILMAN TUCKER-Alright. COUNCILMAN MONAHAN-Jim, just a question. Did Mr. Converse get a copy of this resolution of the Planning Board? EXECUTIVE DIRECTOR, MR. MARTIN-Yes. COUNCILMAN GOETZ-The Planning Board didn't mention anything about a buffer but I noticed on the plan, twenty-five feet, is that self imposed? MR. NACE-That is, no, that is in your codes. COUNCILMAN MONAHAN-That's part of our ordinance. COUNCILMAN GOETZ-Is it? Okay. MR. NACE-That's part of your ordinance. COUNCILMAN GOETZ-I'm concerned about the subdivision on the other side of it, whether that twenty- five feet is going to be adequate. But do we have any recourse on the buffer, how does that work? EXECUTIVE DIRECTOR, MR. MARTIN-That's a minimum requirement. COUNCILMAN GOETZ-We can ask for more? EXECUTIVE DIRECTOR, MR. MARTIN-It's the Board's discretion, yes. ATTORNEY DUSEK-I think that certainly even if it's not under the regs, it qualifies as part of your SEQRA review if you feel that there's, you know if there's an environmental problem such as, that could impact the neighbors, I think you have a right to look into that. MR. NACE-Sue, are you talking about the buffer on that new subdivision to the north, the one that hasn't been developed yet? COUNCILMAN GOETZ-I'm more concerned with the existing one. Of course I would be concerned with all, you know, any future but the existing, like right here. MR. NACE-Okay here, I think it's best seen on this cover sheet. (referred to map for the Board members) Here is the mobile home area, okay, only a small part abuts to this new subdivision and it has it's own buffer built into that as well. COUNCILMAN CAIMANO-What kind of buffer? MR. NACE-Well, you can see there that's, those are a hundred feet deep so that's almost a hundred feet there. It looks like it is, probably is a hundred feet. Over here, these lots are relatively deep, when we only have a couple lots here that abut these, the back of these properties and those are deep enough that, you know those are two hundred feet deep already. COUNCILMAN CAIMANO- Yea, but we don't, we don't know where the property is on this. MR. NACE-We don't know where the houses are for sure. MR. STEVES-This is a cemetery lot here, so there's nothing, no house there. MR. NACE-So there's nothing here. MR. STEVES-And the rest of the houses are all in the front. COUNCILMAN CAIMANO-Are you sure of that? MR. STEVES-Yes sir. COUNCILMAN MONAHAN-What cemetery is that? What cemetery is that? MR. STEVES-I don't know that but that is a cemetery lot. MR. NACE-But if you look also I think on our plan, the only place we would abut would be here and up here where we have fairly deep lots to begin with so there's you know even more buffer between the actual trailers and those properties. COUNCILMAN CAIMANO-And the trailer, what you have marked as the trailer site is actually where it's going to be placed? MR. NACE-Well, in all practicality, yes. COUNCILMAN GOETZ-What does that mean? MR. NACE-It can, well it can be placed ... COUNCILMAN MONAHAN-Well, it has to meet certain setbacks. MR. NACE-It can be placed anywhere within those setback lines. But, you know they aren't going to want to put it where they have to develop a long driveway for it. COUNCILMAN MONAHAN-You could condition that also. MR. NACE-Sure that could, you could ask for, on these lots we do have some extra if you wanted a little extra buffer back in this corner, we could do that. COUNCILMAN MONAHAN-Jim, what's the other, what's the new subdivision, the name of it? SUPERVISOR BRANDT-Why don't you show that to the public because I think that's very significant, what's being discussed here. EXECUTIVE DIRECTOR, MR. MARTIN-Where's that now? COUNCILMAN MONAHAN-I don't know, they, Tom just talked about a new subdivision right here, this one right here. EXECUTIVE DIRECTOR, MR. MARTIN-That's Sherman Pines, I believe is Charles Diehl, right there to the north. COUNCILMAN MONAHAN-Oh ... SUPERVISOR BRANDT -Explain the buffer, what you just showed us. MR. NACE-Okay, what we're talking about is the fact that with the mobile home park we have a mandatory buffer of twenty-five feet with the mobile home lot adjoining any adjacent properties. Okay, so there's a buffer of twenty-five feet plus the rear setback for, this line in here is the actual envelope that you can put the trailer in. So, there's at least twenty-five feet plus I believe in the back it's fifteen feet, so that would be forty feet between the property line and where a trailer could be located. Then over in, well let's here, the abutting properties right now would be the new subdivision up here which hasn't been developed yet. It has it's own buffer of about hundred feet that's part of the common space for that subdivision. The other place we would abut would be along these properties on Michael Drive and Amy Lane and the properties there that we are abutting are relatively deep. These are two hundred and fifty feet, three hundred feet, two fifty feet deep so there's a relatively decent buffer in there already. COUNCILMAN GOETZ-But my concern would be if, you might say that their lots are deep but we don't know what those people on Amy Lane want to have in their two hundred and fifty deep. MR. NACE-Sure. Well, as we were saying, if you would like some extra buffer, this lot we could probably provide an extra, that's a little wider lot anyway, isn't Leon? MR. STEVES-Yes. MR. NACE-We could probably provide an extra ten feet of buffer there and up in the corner here, we could certainly provide extra buffer. I think we could probably make it fifty feet, yes. Yea, we can take some... SUPERVISOR BRANDT -Say that again, how many? MR. NACE-We could, we could, I don't know about this lot down here whether we could get fifty, we probably at least get thirty-five there. We could probably get fifty on these lots up in the corner as a buffer. COUNCILMAN GOETZ-It's wooded now, right? MR. NACE-It is wooded ... COUNCILMAN MONAHAN-And I think we have to define ... MR. NACE-It's Scrub Pine along with some ... COUNCILMAN MONAHAN-I think we have to define the word buffer so somebody doesn't cut all the trees down and just make them grass. MR. NACE-That's right. SUPERVISOR BRANDT -Okay, time for comments from the public. Is there anyone here that would like to speak on this and address us on this issue? Come on right up, don't be shy. Even if it's just questions or any kind of concern you have whatsoever, that's what we're here for. MR. GEORGE THOMPSON-I'm George Thompson, I live on Amy Lane in that corner. The buffer zone, I'm a little concerned about. Not so much from where the actual trailer goes but from lot line to lot line. Right now we do have a deep lot because we are a corner lot. Next to us is a cemetery that can't be built on. I wouldn't necessarily consider that a buffer zone, it's you know, town cemetery. I'm not that familiar with the Michaels Drive area but it appears on the map that this abuts all of that property. We have a concern, I'll speak for myself basically, about noise, about animals, about increased traffic in that area. There necessarily will have to be, probably another hundred cars in that area. Luzerne Road would be taking quite a heavy hit as would Burch Road and Warren Lane. Those are some concerns that we would have. More immediately with us, the buffer zone, does that include a fence? I guess that would be part of my question and the reason I raise the, the point about a fence, is that there would probably be additional pets or animals there. There will probably be small children there that could easily wonder around, it's a nice wooded area. I think for safety it would be kind of good since it is a wooded area to have some kind of protection for them and for us. In the mobile home regulation, it says the purposes on page 11316, would be to protect the health, safety and welfare of persons residing within the mobile home parks and prevent diminishing value of the adjoining properties. I would like to know what would be done to do that so both parties could be satisfied. How will it improve the property of the Amy Lane, Michaels Drive people and how will it protect the welfare of the people that are in the park, besides just having a few extra trees between the properties? I guess those are my major concerns at this point. Also, I don't want to ask all the questions at once I guess but at what stage in the process are we, where would it go from here? I know at the Town Planning Board meeting we had some questions and I think some of those have been addressed as far as the access. Also looking at the guide here, I share your question about what are the covenants at the park, what kinds of regulations, how will those be enforced? COUNCILMAN MONAHAN-And they should have been a part of this application. COUNCILMAN CAIMANO-And they're not. The answer is that it ends here, I think. MR. THOMPSON-I have alot oflose questions I think as far as where do we go from here. I think it would affect us. SUPERVISOR BRANDT-I don't have the answers to all of those, I'll guarantee you but we'll find them so let's, bear with us and let's, and any of the comments made, does anybody want to address any of those? The question of fencing? COUNCILMAN CAIMANO-You know, we really ought to see the covenants. SUPERVISOR BRANDT-Oh, I think that, absolutely, I feel that's very important here. COUNCILMAN CAIMANO-Yea, to protect those other people. COUNCILMAN GOETZ-So we shouldn't do the SEQRA tonight or anything? COUNCILMAN CAIMANO-I don't think so, I don't see how we can. COUNCILMAN MONAHAN-You got to have the covenant because the covenants tell about whether they're going to have parking just at the site or off site or what. MR. NACE-I guess to start addressing the issues, Tyler Converse is with us tonight and discussing it with him, he would be willing to do something in the way offencing along this back property. Probably stockade, something like a stockade fence would be the most private and fit in with, you know, a tree buffer a little better and he would be willing to do that along that property line. So, that could add to the buffer in a way, help keep children and pets out. The issue of the covenants, we had discussed it a little bit at the Planning Board meeting. Mr. Converse is in the process of assembling those, he has not finalized thern. It was our impression that those were not necessary as a part of discussion but were necessary as attachment to the permit itself when it was issued so that, that you had a record of what they were. COUNCILMAN MONAHAN-I can only say Tom from doing these in the past and I realize that maybe this isn't written this way but we've always had the covenants to see whether or not we were going to approve the mobile park because the covenants are very important as to how that park is going to be run and that's part of our job to, because after we say it's okay, the license can be issued. And so that's always really rested on our shoulders. MR. NACE-We can provide those. EXECUTIVE DIRECTOR, MR. MARTIN-I think you're right Betty, it clearly says the application is to include the covenants. COUNCILMAN MONAHAN-Yes. MR. NACE-Okay, we will, we will provide those then. SUPERVISOR BRANDT-What we could do is continue this public hearing and except those covenants and carry on from there. MR. NACE-Sure. SUPERVISOR BRANDT-But while we're going, let's get all the input we can. COUNCILMAN MONAHAN-For instance, Tom some of the things that might be in those covenants is, are you going to permit two parking places for each mobile home or is it going to be one parking place and the others going to be community parking someplace on the lot? Are they going to be allowed to have RV vehicles, motorcycles, A TV? If so, where are those going to be stored, boats, etcetera. MR. NACE-Okay, sure and some of those, again some of those were discussed at the Planning Board. I believe it was Mr. Tyler's recommendation that there would be no common parking place, each lot would contain parking for two vehicles. COUNCILMAN MONAHAN-And what are going to do with ... MR. NACE-And recreational vehicle parking would not be allowed. COUNCILMAN MONAHAN-See but those are the things we need in writing. MR. NACE-I understand. SUPERVISOR BRANDT -Okay. COUNCILMAN CAIMANO-Actually, I don't know how we can do the SEQRA without the ... COUNCILMAN MONAHAN-We can't, without the covenants. SUPERVISOR BRANDT-I think we can just keep this hearing open and go another week and get ... COUNCILMAN CAIMANO-Oh sure, oh yea, do you want to ask your question about that? No, you, Mike. SUPERVISOR BRANDT -Me, question about? COUNCILMAN CAIMANO- What you just said. COUNCILMAN GOETZ-Those three lots. SUPERVISOR BRANDT-No, I ... COUNCILMAN CAIMANO-Are you going to wait? SUPERVISOR BRANDT-Yea, I just as well wait. Okay, go ahead. MR. THOMPSON-Okay, just while we're on the stockade fence before it gets finalized maybe we could get dimensions and upkeep or whatever. Like, where would that be, when it's finalized, how high it would be, how long it would be, adjoining what properties would it be, all those kinds of things, I think would be useful to know before we go ahead with that. So, I'll let somebody else talk but I just have some questions about that. Thank you. SUPERVISOR BRANDT -Okay, thank you. Is there anyone else that would like to speak on this or ask questions? Okay, what I'd like to do is keep the public hearing open ... COUNCILMAN MONAHAN-Mike, can I ask a question or two please, so that they can get prepared for it? SUPERVISOR BRANDT-Yea, go right ahead. COUNCILMAN MONAHAN-I'm interested to know, you know with this amount of mobile homes and the children there, part of your covenants I'm going to wonder or not you're going to permit animals but are there going to be any recreation areas? Open spaces left for community use? I haven't spotted on this plan but maybe I'm not spotting it. MR. NACE-No, they have not been proposed. COUNCILMAN MONAHAN-Frankly, I would like to see that addressed. COUNCILMAN CAIMANO- That's a good idea. COUNCILMAN MONAHAN-The lots are too small for children, I mean, even though these lots are good size for a mobile home and our new ordinance does provide, it still leaves people with no place to play, no playground of any kind and I'd like to see that addressed. MR. NACE-Okay. SUPERVISOR BRANDT -Okay, any other comments? COUNCILMAN MONAHAN-A picnic area, a few things like that. MR. NACE-Okay, what specifically would you be looking for? COUNCILMAN MONAHAN-I would be looking for a playground area and a picnic area for the, I would like for some kind of a community open space lot that they all could use for those purposes. MR. NACE-Okay. SUPERVISOR BRANDT-Consider the thought of taking the west side, you have three sites there. MR. NACE-The west side? SUPERVISOR BRANDT -It would be on your right. COUNCILMAN CAIMANO-On this side. MR. NACE-No this is the east. SUPERVISOR BRANDT-Woops, east, pardon me. I'm screwed up, yea the east side. MR. NACE-These three lots? SUPERVISOR BRANDT-Those three lots. Possibly that could be integrated and give you the buffer, the added buffer the neighbors are looking for. MR. NACE-And the open space. SUPERVISOR BRANDT-Right, it's a thought and it just comes to my mind at looking at it. MR. NACE-Okay. COUNCILMAN CAIMANO-It seems to answer all of the problems. MR. NACE-How about the public? COUNCILMAN CAIMANO-George? MR. NACE-You were concerned about buffer here. Would a playground area here with a stockade fence and a, say a fifty foot wooded buffer and the stockade fence behind that? Would that address your, if we had instead oflots in here and trailers, if we had some open, maybe a playground area and a picnic area? MR. THOMPSON-That would help considerably I think. My concerns are now that, that area is kind of a playground of sorts for general kinds of activities, RV's going through the woods, beer parties ... COUNCILMAN CAIMANO-Well that would end that. COUNCILMAN MONAHAN-That would end that. MR. NACE-Any open land in Queensbury seems to be that way now. MR. THOMPSON-Yea, yea, I think a playground would be ... Again, noise ... I know... it's a hard thing to control but noise carries, I don't know if it's just the way that land is there but it seems to carry quite readily. I mean people that are farther into Warren Lane can be having probably loud music and partying going on in the Sunuuer and it really carries very clearly. I don't know, maybe that's the future of open space too in the Summertime but what kinds of recourse would the people in the adjoining areas have to loud noise that would keep people up at night? COUNCILMAN MONAHAN-I think perhaps part of the covenants could be the hours that those lots could be used as playground and picnic areas, they close down at such and such a time. MR. NACE-Sure. COUNCILMAN MONAHAN-Will there be a resident manager on site? MR. NACE-The owner. COUNCILMAN MONAHAN-Will be on site? MR. NACE- Yes, yes he lives right here and his son, well see Tyler, your one of these houses here. Here? MR. TYLER CONVERSE-To the left. MR. NACE-Okay, here. COUNCILMAN MONAHAN-So the neighbors knew who to grab if it gets out of hand. MR. NACE-Yea. SUPERVISOR BRANDT-Alright, it sounds like we're making some progress here. Okay, then if there's no more questions, we'll just leave this open and reconvene it next week, if that's alright with you people and re-address it. MR. NACE-Fine, thank you. SUPERVISOR BRANDT -Okay, thank you. EXECUTIVE DIRECTOR, MR. MARTIN -You might want to ask that he submit any revised plans by Friday if he could so that you had a chance to look at thern. COUNCILMAN CAIMANO- Thanks Tom. SUPERVISOR BRANDT -Okay, thank you. PUBLIC HEARING LEFT OPEN (To be re-addressed on June 28th, 1993, next regular scheduled Town Board meeting) Supervisor Brandt-The next item on the agenda, traffic solutions Bay and Meadowbrook corridor. Councilman Goetz-I have a question, State Highway Contracts was on my agenda, why is that taken off. Deputy Town Clerk Mitchell-The Highway Superintendent couldn't make it tonight. Supervisor Brandt-I didn't understand that, what? Deputy Town Clerk Mitchell-The Highway Superintendent, I understand, couldn't make it tonight. Councilman Caimano-It's not on my agenda. Councilman Goetz-No, the one we got in the mail. Supervisor Brandt-And I have a problem there also, and that is that in the, it will come up later in the audit of bills, there's a bill for paving and I have a legal question in my mind, I don't see how we can pay paving bills when there is no contract between this Town Board and the Highway Superintendent. I think there's, under the law, he has to have a contract with the Town Board on what he's going to pave and what the paving schedule is. I have asked him to meet with us for that purpose. It was my understanding it was going to be last week and then it got pulled off the agenda and again, he's not here this week and the paving I understand it continuing. And as far as I'm concerned I'm not going to vote for paying any of the bills until I understand under law how he's able to do that, because I think he's flaunting the law. Councilman Goetz-I have a, I have a... Councilman Caimano-Wait, let's get that answered Sue though. Paul, do you have an answer to that? Attorney Dusek-You know, I mean, unless we thoroughly research it, there's not going to be a conclusive answer. I can say that, you know, there is of course traditionally an agreement that's entered into between the Town Board and the Highway Superintendent as to what roads will be paved each year. I gather that, that document has not yet been approved, I haven't seen it. Supervisor Brandt-No, I mentioned this to Paul. Councilman Monahan-We've all been given a list of the roads to be done and we were to get back to Paul if we disagreed with the road with the list. Councilman Goetz-I did, I had questions about mine and also the percentages of what my ward is getting and I, he said that he would talk to me last week and I didn't hear from him. Supervisor Brandt-I talked to him, also had reservations about the roads we were doing and I have alot of reservations because the CHIPS program is probably not going to be in and if it's not in then we have a pretty small paving schedule and for him to be out paving now on whatever he chooses, I find offensive and I find it, that this Board is, has the legal authority to set that contract or at least negotiate it with him and so far, we aren't in the circuit and ... Attorney Dusek-Well, there should be in place, no question about that, I mean, I think that's pretty clear, there should be an agreement in place between the parties. You know, whether and I think that's one thing I would recommend, whether the particular projects that were paved, obviously they have to be studied to find out what the reasoning is behind it. Certainly, if it's covered by the contract and there is no contract, that could cause a problem. So, I would recommend certainly that the parties put together that contract. Councilman Caimano-What's being paved now? I haven't seen anything out being paved. Supervisor Brandt-There was some pavement done on Pickle Hill Road. I drove that area on the weekend and I believe there's some paving near that area and this is a very significant part of our budget. Councilman Caimano-Our guys or County? Supervisor Brandt-Our guys. Councilman Caimano-I haven't seen any, I didn't know anything was going on. Supervisor Brandt-And you got a thirteen thousand and a seventeen thousand dollar pavement bill. I have questions, you know we're buying under County contract, I'd like to look at that. I know that alot of private contractors are buying their blacktop in Saratoga because it's a little cheaper. If we don't have the money for alot of paving and we have lots of trucks and lots of people, maybe we ought to be hauling from Saratoga. I'd sure like to see that. If we can get an extra quarter mile or half mile of pavement by doing that, we ought to be doing that. And I think we have a right to that discussion and so I'm, I think I'd like to propose a resolution asking for a meeting with Mr. Naylor and pointing out that there is some difficulty in meeting the bills until that discussion takes place. So, I'm going to propose a resolution to ask for a meeting with him on this itern. Councilman Caimano-Well, I don't even think we need a resolution, just ask him to come in. Councilman Monahan-I don't think we need a resolution. Councilman Caimano-Just ask him to come in, he has to come in and discussed it. Supervisor Brandt-If that's the consensus of the Board, that's fine. Councilman Caimano-Oh yea, he's got to come in, we have to talk about the roads. Supervisor Brandt-Because I don't have the authority to move it on my own, it has to come from the Board. Councilman Monahan-I'm a little confused with the CHIPS program and where it stands. I read the letter from Fred Austin, in one hand it said yes and in one hand it said no, I'm not quite sure what it said. Councilman Caimano-He started off the letter by saying go to it and ended the letter by saying don't do it. Councilman Monahan-Yea, I didn't understand that letter at all. Supervisor Brandt-I'm very conservative, I'd like to do the paving when we know the money is there and not a minute before. I don't want to anticipate it because it's a very expensive ordeal. Councilman Caimano- Well there may be some, why don't we just simply ask as a Board, ask the Highway Superintendent to be here at the next meeting and explain what's going on with the roads. Councilman Monahan-Well, you know, we could also give him an option, we're coming Thursday night and maybe that's easier for him to come in a little bit before that time. Councilman Caimano- The sooner the better, if he's paving roads. Supervisor Brandt -Yea, well in fact, I want to stop paving roads until there's an agreement with this Board. Councilman Caimano-Well, the question I have is, who has that responsibility? I'm always in, I'm in a quandary as to ... Councilman Monahan-I think he does an elected official. Councilman Caimano-Whose responsibility is it, if he's an elected official as the Highway Superintendent? Attorney Dusek-Well, the highway law does have a provision in there which says that there will be as to which roads get paved or repaired, there will be an agreement between the Town Board and the Highway Superintendent. And I think that agreement causes me concern if that's not in place and I think that we ought to take a look at that to see if the, you know, I'm not saying it will cover every single instance, that's why I'm a little cautious here in terms of what it, but that's the big one. That's the one that should be in place between the parties. Supervisor Brandt-I've seen a road in town where it's very close to being impassable at times and that's not even on the paving schedule and we're paving roads that aren't in bad shape. And I have a big problem with that. I think we need to have our input, I think the law provides for that and I think he's ignoring it and I think it's time to stop ignoring it and sit down with this Board and discuss it. Councilman Caimano- When is the next time we're going to meet. Councilman Monahan-Thursday. Supervisor Brandt-I'll meet tomorrow if that's, if you guys are available and willing and I don't want to hold him up a minute but I want us to have a right to our input. Councilman Goetz-Okay, on the subject of CHIPS, we had a publication from the Association of Towns in our boxes today and our addresses some of this CHIPS subject, when we get a chance to read it. Councilman Caimano-Well, I just as soon meet tomorrow and get it settled. Supervisor Brandt-Are you available tomorrow? Councilman Caimano-Sure. Councilman Monahan-I don't think we really know about CHIPS until we, the next round of court happens, do we Paul? Attorney Dusek-Well, I guess, John probably knows better than I do at this point, John Salvador. Is that CHIPS money part of that bonding suit? Mr. John Salvador-Oh yes, ... a hundred and four thousand dollars. Councilman Monahan-Yea, I understand that's the next thing in court. When is the court date on the next round on that? Mr. Salvador-They're waiting on the Judge. Councilman Monahan-You don't know the court date for the next? Mr. Salvador-No, we have had our court appearance. Councilman Monahan-Yea, but I thought it has been appealed. Mr. Salvador-No, we're waiting for a decision from the Supreme Court Justice. Supervisor Brandt-Tomorrow at three thirty, are you people available? Councilman Goetz-I guess I will be now... okay three thirty. Councilman Monahan-I'm available from probably eleven o'clock on, if anybody wants to do earlier. Supervisor Brandt -You want to try and do it earlier? Councilman Caimano-No, later is better. Supervisor Brandt-Alright, so let's go for three thirty. That's when they break and he will be available, so let's hold it in the Supervisor's Conference room at three thirty tomorrow. Councilman Caimano-Caroline, you'll notify Paul Ertelt or whoever? Deputy Town Clerk Mitchell-Yes. Supervisor Brandt-And notify Paul Naylor. Okay, that takes us to traffic solutions. DISCUSSIONS 7:45 P.M. Town Board held discussion regarding traffic solutions for Bay and Meadowbrook corridor. Executive Director, Mr. Martin agreed to do further investigation as to what was decided with Hiland Park and also as to what the County might be able to contribute with Bay Road. Town Board held discussion regarding Warren County Planning Board review of site plans. Executive Director, Mr. Martin noted that he would meet with Pat Tatich, come together as a staff on a set of items that appear to be adequate thresholds and then come back to the Board. And she can go back to her Planning Board and her legislative body and see what they think of them, then we can see if we can come to an agreement. Town Board agreed. Councilman Caimano-I was told by one of the Planning Board members that at least one member of the Planning Board does not make site plan visitations and if that's the case, then the public is being short changed. The person can not make decisions for the people who come forward and ask her or him to make decisions unless they are making site visitations. I'd really like to have that corrected. Councilman Goetz-I've heard it's a problem on the Zoning Board also, not across the Board but specifically. Executive Director, Mr. Martin-I've tried to tell the new members, they've come in for orientation sessions and I've said, as a former member I can tell you that is the most invaluable thing you have, is your site visit, to physically see the situation. Councilman Caimano- The public is not being served properly. Executive Director, Mr. Martin-I'll reiterate those. Councilman Monahan-Also, in the interviews that we've had with candidates, we have stressed the fact that this part of the job to go on site visits and this is the amount of time that it takes. Executive Director, Mr. Martin-I will reiterate that. Noted, I was asked to look into the island on Ridge Road off of Rolling Ridge and Leon Steves did find out that's State property. So I will call Mrs. Potvin that she should contact DOT in Warrensburg. Supervisor Brandt-I would like to add to the discussions, an item C, Lake George Association. I see the members are here and I was told they want to talk to us. Mr. Lewis Stone-Last week I brought forth to the Board the LGA proposal that they wish to send to the Governor making certain statements, trying to make him aware of certain aspects about Lake George, visa- vie, the Adirondack Park Agency and I presented a resolution that the LGA gave to you people asking for a show of support. You suggested that we hold a meeting tonight for anybody to speak who wanted to. I have two representatives from LGA, the President of LGA, Barbara Chick and Mary Arthur Beebe, the Executive Director. Ms. Barbara Chick-I just think this is good business on the part of the local communities, good business on the part of the counties and any kind of township that we can get support for a position which we have put forth. This position is explanatory of the benefits of controls, access, control of building, proper usage of land, appropriate and meaningful usages of the resources in the area. What it says is, we as the Lake George Association and in turn, you, as representatives of your people are concerned with inappropriate development and usage of the land, water, resources, Lake George and basin in the area. So we would certainly appreciate your support of this resolution. Mr. Salvador-Mike, on Friday at the Warren County Board of Supervisor's meeting, a resolution was introduced and unanimously approved adopting a serious of resolutions passed by the Adirondack Association of Towns and Villages. Are we a member of the Adirondack Association of Towns and Villages? Supervisor Brandt -Yes we are. Mr. Salvador-And you voted for that resolution? Supervisor Brandt -Yes I did. Mr. Salvador-I would think that, that is in conflict with what is being proposed here. Supervisor Brandt-Well, I'm not sure of that. Mr. Salvador-Well, I would ask you to check. The Adirondack Association of Towns and Villages has done alot of work, have met many, many times and had a unified front on this subject and all I ask is that before the individual towns start passing resolutions that may, I'm not sure myself, that may be in conflict with this unified front, that somebody please check. Councilman Goetz-I viewed this statement more as an expansion of what the Adirondack Association of Towns and Villages did. Mr. Salvador-No, please check the series of resolutions. I can't understand how they could be anywhere compatible. Supervisor Brandt-To me in effect, what I read here is that we're saying that the Lake George basin does have alot more economic activity, is different then the rest of the Park and should be acknowledged to be and should be a special case. Mr. Stone-Really what we're asking for, looking for recognition within whatever legislation comes out about the Adirondack Park, recognizing that Lake George is different then the bulk of the Adirondack Park and that's all this is. Mr. Salvador-All I'm saying Mike is that you're undermining the efforts of the Adirondack Association of Towns and Villages, that's all. Supervisor Brandt-I don't agree with you at all. Unless you can show me something in this resolution that we should modify, I'm prepared to pass it. Ms. Mary Arthur Beebe-What we're asking is, that there is alot of money collected in the Lake George Park. There's for instance, an entrance and a parking fee at Million Dollar beach and there are picnic fees out on the State islands. In addition to that there are dock fees and there are fees for boats, only some of those fees stay in the Lake George Park. Those are the fees that are associated with the Lake George Park Commission. The fees that are collected for Million Dollar beach and Prospect Mountain and the campgrounds and all those other State recreational resources, go somewhere else. And the reason that people come to Lake George is because the lake is there and the basin is a place they want to come to and our idea is that if we could keep some of that money to help to keep the place that people want to come to, maybe we could keep that whole cycle going. But if it keeps getting sifted out and going down to Albany and to other parts of the State, then the people of this area are asked to do all the care of the lake all by themselves. The people who use the Lake George basin, they're being charged a fee to use it and that money is going somewhere else. So some of the time, it stays here at the Park Commission but a great deal of the time it doesn't and we're asking that it stay here to offset the cost of maintaining the resources and the facilities. Mr. Salvador-The approval of this text as a resolution would be giving credibility to the Governor's Adirondack Bill and I don't think that was the intent of the Adirondack Association of Towns and Villages. Supervisor Brandt-I think clearly we're asking for changes in that bill but this is another set of changes. Caroline would you read it for the record? Deputy Town Clerk Mitchell-(read resolution into the record) The Lake George Association recognizes that Lake George and the surrounding watershed is a valuable economic and recreational resource. The Lake George Watershed is more developed and more intensely used than most areas of the Adirondack Park and as a result, already has a most complex regulatory structure. The Lake George Watershed generates revenues from taxes and fees in the millions. The Lake George Association has a direct and strong interest in protection and improvement of the Lake George Watershed's water quality and economic value. Based upon the above and evaluation of proposed Adirondack Park Legislation to date, we support the following: The Lake George Watershed should be recognized, treated and managed as a different and distinct lake ecosystem within the Adirondack Park. Additional state and federal tax revenues for the enhancement and support of local land use planning, of environmental infrastructure management, of improved water quality and of fish and wildlife conservation efforts within the Lake George Park should be encouraged. Tax relief strategies should be provided for towns having a large amount of protected state lands and state waters within their jurisdiction. All NYS user fees collected in the Lake George Park should be used to benefit the Lake George ecosystem. All parties including governmental agencies should comply with the laws and regulations governing the Lake George Watershed. Communication, cooperation and a coordinated working relationship should be encouraged among all interested parties and regulatory agencies. The resources of the Lake George Watershed should continue to be studied, monitored and evaluated using consistent and standard methodology. This work should be financed by public and private funds. The results of this work should be used as a basis for regulatory action. Supervisor Brandt-Does somebody want to introduced it? Councilman Goetz-I'll introduce, as read. Councilman Monahan-I'll second it. RESOLUTION SUPPORTING LAKE GEORGE WATERSHED RESOLUTION NO. 361, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan The Lake George Association recognizes that Lake George and the surrounding watershed is a valuable economic and recreational resource. The Lake George Watershed is more developed and more intensely used than most areas of the Adirondack Park and as a result, already has a most complex regulatory structure. The Lake George Watershed generates revenues from taxes and fees in the millions. The Lake George Association has a direct and strong interest in protection and improvement of the Lake George Watershed's water quality and economic value. Based upon the above and evaluation of proposed Adirondack Park Legislation to date, we support the following: The Lake George Watershed should be recognized, treated and managed as a different and distinct lake ecosystem within the Adirondack Park. Additional state and federal tax revenues for the enhancement and support of local land use planning, of environmental infrastructure management, of improved water quality and of fish and wildlife conservation efforts within the Lake George Park should be encouraged. Tax relief strategies should be provided for towns having a large amount of protected state lands and state waters within their jurisdiction. All NYS user fees collected in the Lake George Park should be used to benefit the Lake George ecosystem. All parties including governmental agencies should comply with the laws and regulations governing the Lake George Watershed. Communication, cooperation and a coordinated working relationship should be encouraged among all interested parties and regulatory agencies. The resources of the Lake George Watershed should continue to be studied, monitored and evaluated using consistent and standard methodology. This work should be financed by public and private funds. The results of this work should be used as a basis for regulatory action. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Caimano-It's a statement showing our intent for the future. Mr. Salvador-I just ask that you check the resolutions passed by the Adirondack Association of Towns and Villages of which you are a member, you have spent time and money as part of this organization, input and their resolutions were unanimously adopted at the Warren County Board of Supervisor's meeting on Friday, Mr. Brandt voted in favor of it. Please check the compatibility with what's stated here with those resolutions. That's all I ask. Supervisor Brandt-John, I've attended almost every one of those meetings. I've read every one of those resolutions as they came up, I don't see a problem between them. I really don't and to me, this is almost a lobbying type of, it's lobbying by this town towards a goal. That's all and we're supporting that goal. Councilman Monahan-I see this as a statement that says that we recognize that Lake George is an unique area, it's watershed and it's ecosystem needs to be protected and that's what I see as a statement. (vote was taken) Councilman Monahan-Mike, I have a matter to bring up, it involves West Mountain so you may not want to participate in it and I don't know if Sue does but I'm going back to the insurance certificate offered for the fireworks. Darleen did not want to make this decision, I certainly don't want to make this decision and it has to be a Board decision. Supervisor Brandt-See ya. (Supervisor Brandt left the meeting room). Councilman Monahan-The insurance company that they offered for the certificate of insurance is not licensed to do business in the State of New York. Councilman Goetz-Is this West Mountain's fireworks? Councilman Monahan-Yes. Councilman Goetz-I'm not going to leave the room but I'm not going to take part in the discussion. (Councilman Goetz moved from the Board's table to the audience) Councilman Monahan-When we hired an insurance consultant many years ago, his advice was to us that we should only allow insurance companies that do business in the State of New York to issue us certificates of insurance. The reason is, that if you are licensed to do business in the State for liability insurance, you have to contribute to a pool of money and if that company goes broke, then that pool of money is in there to pay the claims. When they're not licensed to do business in the State of New York, you don't have that protection. So we have a company who is giving a million dollars primary coverage, a million dollar excess coverage who is not licensed to do business in the State of New York. You also have a company according to Best that's rated as B plus in 1991. You all got a packet of this one night from our insurance carrier. They are also a class four company which means reported policy holder surplus, plus conditional reserve funds, they're rated a class four which means they have five million to ten million and that financial size they're offering a policy worth two million. So it's up to this Board whether or not they want to accept this insurance certificate and it's also a part of the permit for the fireworks that they have to offer insurance from insurance company. Darleen is Town Clerk, you know, this goes through her, usually she can make that decision, she didn't feel she could in this case. I know that, you know, I've been working on the insurance alot, I certainly did not want to make a decision for the Board, I feel this has to a Board's decision. Councilman Caimano-So they're offering two million dollars worth of coverage and it's a four million dollar asset company? Councilman Monahan-No, it says, this is 1991 now, that's the latest figure, five to ten million according to this rating from Best and here is that information. Councilman Caimano-But the point is ... Councilman Tucker-Our normal policy has been what though, that they be registered in New York State? Councilman Monahan-Yes. Councilman Tucker-Well, then. Councilman Caimano-But also if it's two million dollar total coverage and a ten million dollar company, that's twenty percent, that would be catastrophic. Councilman Monahan-I'm assuming Paul and I don't, maybe I shouldn't get into this but I don't know where the liability of the Town would lie, if that coverage wasn't there for protection. Attorney Dusek-It really depends on the particular incident, you know, as to whether there would be any liability whatsoever for the Town. Councilman Caimano-Do you have any advice? Attorney Dusek-Well, this is the first I've heard of this, this evening. I wasn't even aware the Town has even issued any permits for the West Mountain fireworks, have they? Councilman Monahan-They haven't issued the permit. Attorney Dusek-Oh, okay. Councilman Monahan-This is part of the permit process. Attorney Dusek-I think then, I would just at this point, since there's no application before you, you haven't had ... Councilman Monahan-Well, there is an application for a permit and that's how this all came up. Attorney Dusek-But not before the Board right now, right? Councilman Monahan-It goes to the Town Clerk and when they apply for an application for a fireworks display... Attorney Dusek-But they have to send it to you for a resolution to approve it. Councilman Monahan-No, ah, do they? Councilman Tucker-Yea. Councilman Caimano-Yea they do, West Glens Falls did. Councilman Tucker-Yea, it has to come ... Councilman Monahan-Okay, that's right, that's right. Your right. Attorney Dusek-And you have to issue a permit under the penal law. Councilman Monahan-Yea. Attorney Dusek-So what I would recommend at this point, you could, you know just take a consensus and indicate to Darleen that she should call the company and let them know that when this comes before you, you'll be looking for a New York State licensed insurance company. Councilman Caimano-That's really what, that's really... Councilman Tucker-Yea, that's what should happen. Attorney Dusek-And just leave it at that and leave it up to the individual who comes in with the application to decide how he wants to handle it next. Councilman Caimano-Okay, that's fine with me. Councilman Monahan-Okay, alright. Councilman Tucker-Will you make sure that Darleen gets the message, Bet? Councilman Monahan-Yes because Darleen asked me for what we wanted to do because she didn't, you know, she didn't want to take it upon herself. Councilman Tucker-Alright. (Supervisor Brandt re-entered the meeting room) Mr. Jim Weller-I'm a resident here in the Town of Queensbury and operate a business here in the Town and I would like to read a statement into the record if I may. I'd like to go on your record with a commendation for the Planning Department and the Queensbury Planning Board. After having dealt for several years with an administrative nightmare, to go through the building and the planning and the zoning process, which no doubt was a necessary part of the growing pains here in the Town of Queensbury, it's now a breath of fresh air to deal with the professionalism and the sincere and timely and helpful attitude of the staff, the consultants and the Planning Board members themselves. And without diminishing any of the good work of any of the staff members, I'd like to single out Jim Martin for the fine work that he does to direct the day to day operations of the various departments. This Town Board is to be commended for the work that they have done to provide this town with the new environment of working with and helping applicants through what used to be a difficult process. I thank you very much. Supervisor Brandt-Thank you, nice to hear. Deputy Town Clerk Mitchell (read letter into the record): Dear Town Board Member, I was granted an extension to June 30, 1993, to connect to the Town of Queensbury sewer system. I am writing to the Board out of perplexity and a sense of desperation. In an attempt to comply with this mandated sewer connection, weeks ago I secured a contractor, not registered with the Town of Queensbury, for an estimate of the impending task. After supposedly talking with Mr. Shaw of the Department of Wastewater as to the regulations and codes, I was given an estimate of a shocking eight thousand dollars. Needless to say, I was overwhelmed. I have been told that the usual normal connection costs between two thousand to three thousand dollars. Find that eight thousand hard to believe and not possible for me to pay, I searched for a second estimate, a contractor registered with the Town of Queensbury. He quoted an estimate of over twelve thousand dollars. I was very upset and began questioning why these estimates were double to triple the norm. Meanwhile, I am awaiting yet a third estimate, I am experiencing some anxiety in respect to this amount. I have been told that due to the fact that I have no basement in the house and lack ample property on one side of the residence, the neighbor's driveway is nearby, or that I need, question mark, two connections, question mark, my connection is definitely one of the most complicated and expensive in the entire Town of Queensbury. The following possible venues have been tossed about, tearing up of my concrete driveway, jackhammering my carpeted, tiled interior house floors, tearing up segments of my neighbor's driveway. The residence location may suggest that I have all kinds of money to pay such an astronomical price and have monies available to fund the cost of property being destroyed and repaired again. Please believe me, due to some certain personal extenuating circumstances I do not have the funds available to payout that amount of money. A loan is not a viable solution at this time. In conversing with one of the contractors, he told me of a situation similar to mine where the requisite was waived due to the complexity of the connection. Again, please believe me. It is not that I do not wish to comply but I think that all recipients of this letter would admit to the impossibility of payment of this kind of money being asked for, as well as the acceptance of the destruction of your property and or house interior. I am concerned, upset and financially not able to deal with this. I am asking for your help and consideration at this time. Thank you. Yours sincerely, Joseph C. Mihindu, M.D. (letter on file in the Town Clerk's Office) Councilman Tucker-I have a couple of questions for Mr. Shaw. This man has a septic system now? Mr. Mike Shaw, Wastewater Superintendent-He currently has two septic systems. One servicing a piece of this house out on the side of his property and one out front. The building now is on a slab, there's no cellar. So the problem of the connection being so expensive is, he has two connections which two laterals were left for hirn. The plumbing changes can not be done in the cellar to accommodate the sewer so the plumbing changes have to be done in the foundation which the floors and things have to be jackhammered up. He has a concrete driveway he has to cross to make one connection and the other one is a fairly short connection. Councilman Goetz-Dr. Mihindu first got noticed in January of 88. The second notice 89, not answered, 91, third notice, notice of violation. August of 91, forth notice, notice of violation. September 5th, 92, variance filed. September 28th, 92, variance disapproved. Then January 93, registered letter, possible legal action. February 9th, 93, letter from Dr. Mihindu states he will connect when the weather permits. February 22nd, 93, the variance was granted to June 30th, 93, due to weather hardship. It seems like this man has had ample time. Mr. Shaw-Well it seems, he has drawn this out a long time, I'm not quite sure why but he has probably the worst connection I've seen in the Quaker Road Sewer District for a residence because the building is on a slab and he has two service lines. Councilman Monahan-Why does he have two septic systems? Is it because the fact that it is on a slab and that was the easier way to run the septic? Mr. Shaw-I suppose is Betty, it's an older home although it's a nice home, I would say the home is probably four years old and it probably was an easier connection for the builder at the time. Councilman Caimano-Has he paid taxes, sewer taxes? Mr. Shaw-Yes he does pay the sewer taxes, that's correct. Supervisor Brandt-I may be wrong but I'm sympathetic to the poor guy, that's alot of money. I know we want to get everybody hooked in but if he's got a system that's working and you got, I mean, you build systems for two thousand bucks a system or twenty-five hundred bucks a system and he's paying his sewer tax. I almost feel like we should forgo it. Councilman Monahan-Mike, have you checked to make sure this system is working okay? There were some problems there along the brook. Mr. Shaw-Currently I don't know if the system is working at all, I haven't been in the house at all. Councilman Monahan-Is that something you can check out? Mr. Shaw-I certainly can, if there's somebody at home or I can contact somebody to check that. Supervisor Brandt-If it's working, is it necessary we hook in? Councilman Monahan-Can't we do a variance for unnecessary financial hardship? Attorney Dusek-My recollection is, in some rare instances, you can provide an exception because there is a couple of properties in the sewer district which I believe have, you know they are paying the tax I believe but I think they're permanently exempt from hooking up because of the circumstances. Councilman Monahan-I think one was where they would have to blast through rock or something that was going to be a real big deal. Councilman Caimano-It ought to be really extraordinary or we're going to open up a pandora's box. Councilman Monahan-Yea, but I think that is pretty extraordinary. Councilman Caimano-I do too, I'm not saying it's not. Councilman Monahan-I would like to see the copies of the estimates. Mr. Shaw-That's right, I have not seen copies of any of the estimates. Supervisor Brandt-I don't mind going out and trying to find a contractor that will give us a bid and tell us whether these are realistic or not, to double check. I have no problem with that but if this is realistic, I think we ought to look at it pretty hard. Councilman Monahan-That's alot of money. Mr. Shaw-The Town Board may want to require three estimates as we have in the past. Councilman Caimano-And Betty has asked that you go out and make sure that's a usable system. Councilman Monahan-And we should have the written copies of those estimates. Councilman Tucker-It is a septic system, it's under the jurisdiction of the Building and Codes Department. Mr. Shaw-I will contact Dave Hatin and we'll both go out to the site. Supervisor Brandt-I would like to have you discuss the bids with the contractors also to see if they're realistic and if they're looking at the same problem that we're looking at. Mr. Shaw-Right, one of the contractors told me that the plumbing inside the house was a matter of six thousand dollars approximately because all the plumbing is in the foundation, the cement slab has to be jackhammered I guess in the areas of the bathroom which is all ceramic tile and new carpeting. Supervisor Brandt-Let's look at all the alternatives. Why don't you discuss all of the possible ways with the contractors and see if you can come to a cost effective answer. If you can't, then report that back to us, alright? Mr. Shaw-Okay. Supervisor Brandt -You will discuss it with the contractors, come back to us and give us a report? Mr. Shaw-I will. Supervisor Brandt-And ask him for a third estimate. Mr. Shaw-Okay. Councilman Monahan-So in the meantime, Paul, should we do a resolution of extension because of the June 30th date? Attorney Dusek-I would wait on that until you get all of your information. Nothing is going to happen until Mike does something in terms of the proceedings. There is one other thing though, while Mike is here and that is Queensbury Factory Outlet is under the same June 30th date and they indicated to me, their attorney indicated to me today it had been their intent to comply with that except that they need the sewer pipe of the town that you have over there released to thern. Supervisor Brandt-This is the public hearing we set earlier. Attorney Dusek-Released to them and we can't, obviously can't get to the public hearing until you get ten days pass, so it's July 6th, so they asked if they could have until July 30th to hookup. It's their full intention to hookup, they've got to raise a couple of buildings and they're going to modify that pipe but they don't want to start that until they have the pipe. Town Board held discussion, agreed to the extension and the following resolution was proposed: RESOLUTION AUTHORIZING FURTHER VARIANCE TO QUEENSBURY FACTORY OUTLET RESOLUTION NO. 362, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Queensbury Factory Outlet having previously applied for a variance and having previously been granted until June 30th to hookup to the Central Queensbury Sewer System is hereby granted a further variance until July 30th, 1993 with the caveat however that the sewer taxes that accrue against the property will be paid and all other parts of the original resolution remain as is. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None Councilman Caimano- I have three quick matters. One, several residents have come to me talking about holding people to their agreement on site plans in regarding to landscaping and finishing. We need to do that because what happens is, they come before the Planning Board especially and they make all kinds of plans and the place looks beautiful and then they don't finish it and we have no way of following it up. Executive Director, Mr. Martin-It's a matter of certificate of occupancy now. Councilman Caimano- That's taking care of? Executive Director, Mr. Martin-That's right. Councilman Monahan-Suppose it's in the middle of the Winter time when the building is done and they can't do landscaping until Spring? Executive Director, Mr. Martin-They can get a temporary CO. Councilman Caimano-We had a story in Sunday's Post Star regarding Lead's Threat, it was a front page story continued on A6 and I guess what I want to do is brought on the public record, it's a great story and Dave Blow is a great writer. However, stories like this are written from a negative point of view and obviously stories like this bring up questions. And the one thing that should not be questioned is us. What's really bothersome to me is that prior to this story as a result of a national story, the Water Department sent to the paper test results showing what the Queensbury Water Department does on a continuing basis and that the people of Queensbury should not be concerned about it. It did not find it's way to this article and I'm a little bit concerned about it. Things in the article for example, she said one mother's baby recently tested high for lead in it's blood, it was later learned that the mother used stagnate tap water for the baby's formula each morning. Well that begs the question, what about my town obviously if you're reading this article. You can be safe in our town and they should have known that. Councilman Monahan-But I remember that Ralph put a notice one time or a little PR thing, that everybody should run their tap water first thing in the morning until it's cool, that nobody should use standing tap water. Councilman Caimano- That's fine but all I'm saying is that as a result of a national story several months ago, our water department responded to the news media and the news media did not print it in this lead threat. Councilman Monahan-I think he made that recommendation because of course the water department has no control of the piping within a house and so that's another safety thing you can do. Supervisor Brandt-But understand our water department changed the chemistry of the water so that the lead that is in soldered joints not leach into the water and our water department did take tests in homes and found that there was no lead in the water. So, it's a matter of the chemistry of our treatment system that's seems to be working, it did meet the tests and there were alot of them and they were all negative. And that's not the case in most communities. Councilman Monahan-I feel our water department has been very responsible in this situation. Councilman Caimano-Well, the point is that they told them this and in this negative article, which is fine, it didn't have the other side and I just wanted to bring that out for the record. The last thing is, I'd like to at an executive session talk about the planning assistant's job for about two minutes. Town Board held discussion regarding a committee to study the proposed North Queensbury Sewer District. Supervisor Brandt agreed to prepare a resolution for next week to start the process. Councilman Tucker-Referred to assessment matter in his ward, concerned there's alot of problems that are not taken care of. ATTORNEY MATTERS Attorney Dusek reviewed the Water Treatment Plant specs with the Town Board. Town Board held discussion and proposed some revisions for Attorney Dusek. Attorney Dusek noted a scheduled meeting of the Lake George Park Commission for consideration of the Town of Queensbury Wastewater Agreement or Proposal, to be held on June 29th at the Lake George Center. Attorney Dusek presented to the Town Board the proposed C&D Waste Agreement for the landfill. We circulated the agreement last week that you had approved and during the course of discussions we got a couple of suggestions for some changes and I thought of a couple of things that I felt we should improve. And also I spoke with Steve Brewer today from DEC and he had a chance to review the agreement and he had a couple of things that he wanted addressed as well. On the very top you'll see a proposed resolution which authorizes the changes rather than try to dictate something for you tonight, I thought it be easier for you could actually see them in writing as to what we've done to this thing. Number 1, if you're looking at the top of the resolution, it says there's been a revision to paragraph 6C providing that roadways in the Town of Queensbury that may be used will include via Quaker Road to Ridge Road. The original agreement provided for 149 to Ridge and Jim brought it to our attention that you're going to have people coming from other areas of the Town and they're going to have take Quaker Road to Ridge. That made sense so we added that to the agreement. Councilman Monahan-The only thing I will say, if it gets to be alot of trucks, there's going to be alot of problems. Both because of the condition of that road and secondly, because of the people that live along that road, it makes life utterly miserable for them. Attorney Dusek-The next change, number 2, in paragraphs, a bunch of them in 6 and 8 and 8D, this is something I caught. I wanted to add in some words of agents, servants, assigns, employees, third parties or haulers hired by. And those are just catch-all phrases, a house keeping item just like 8C, the words as herein provided. The third change was to add further language concerning payment of the fee for cubic yard of C&D Waste. I added two clauses for you to this which basically provide a number 3, that they will do one of two things. They will either one, guarantee it and that will help to make sure you get either the C&D or the money. And the second thing, if they don't guarantee, they understand that you can sign as many of these agreements as you want and they may not have the opportunity to bring, at a certain point. So they have the option, they're either going to give you a guarantee if they want to lock into an amount or they're going to take a risk that the space may not be there by the time they get it there. The next change was to paragraph 7, this was an old paragraph that I had, actually this agreement started with the agreements that I had earlier drafted a couple of years ago for all the other towns. So that was the basis of this and I stole parts from those agreements to put into this agreement. But the paragraph 7 really didn't fit for this agreement when I went back and re-read it. So really what we've done now is just simply changed it to indicate the status of the landfill as being under a consent order and indicating what that consent order says. Paragraph 10, contingencies was modified in light of conversations I had with DEe. Their position was that they don't want to just approve this model agreement but they want to approve each and every agreement that we enter into as we enter into it. So I added a contingency to the agreement in paragraph 10 indicating that this agreement, even once it's signed by all the parties, it's still subject to the approval of DEC. We've worked out a situation with them that if we, once they have the standard form agreement, we will be able to just send them up a letter or something indicating the name of the person we've entered into the agreement with and the fact that we're using the standard model agreement that they previously have. The only time we'll have send them new agreements will be if we modify this old agreement. There's a couple of other changes that Steve called me back with later today as well which are not into the resolution but it has to do with the schedules that were attached to the original agreement. There is the manifest, I'm sure you'll recall had a bunch of boxes on here and in the manifest it indicates quantity of C&D, and Steve's question was that why isn't it indicated that it will be cubic yards, because their understanding that it will be measured in cubic yards. So he would like and I presume the Town Board won't have any problems, that's been our intent, when we say quantity of C&D, just put, in cubic yards right there. The other change that they wanted was in schedule B. Schedule B, if you'll recall was the identification of C&D and what I did there was simply out ofDEC regulations of what C&D was. At the very end it has a clause saying, specifically excluded from the definition of construction and demolition debris, is solid waste including that which would otherwise be construction and demolition debris, resulting from any processing technique other than that employed at a construction and demolition processing facility that renders the individual waste components unrecognizable, such as pulverizing or shredding. Steve's recommendation was to just simply strike that language. Here again, I would presume you wouldn't have a difficult time with that because of the fact that you want to be able to recognize it when it gets up there anyway. So, it would just be a matter of striking, other than employed at a construction and demolition processing facility and the clause would now read, specifically excluded from the definition of construction and demolition debris is solid waste including C&D, resulting from any processing technique that renders individual waste components unrecognizable such as pulverizing or shredding. In the resolution itself, I have five different items that were referred to in the whereas clause and I would just propose that you add a number 6 that would indicate, that the manifest log attached as an exhibit will be modified to indicate quantity of C&D in, quote, in cubic yards. And number 7 would be that Schedule B be revised such that the language at the very end, quote, other than that employed at a construction and demolition processing facility, end quote, be deleted. And with those two additions to the resolution, if the agreement meets with the Board's approval, we could start using this tomorrow. Supervisor Brandt-I'll move your resolution. Councilman Caimano-I'll second it. RESOLUTION AUTHORIZING MODIFICATIONS TO PROPOSED C&D WASTE AGREEMENT RESOLUTION NO. 363, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously reviewed and approved a proposed agreement to be used by the Town of Queensbury when accepting C&D waste for disposal at its Landfill, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended certain additional revisions be made to the agreement, and has made such revisions to the agreement and presented a copy of the same to this Board Meeting, such additional revisions consisting of the following: 1. a revision to paragraph 6( c) providing that roadways in the Town of Queensbury that may be used will include "via Quaker Road to Ridge Road (9L);" 2. that in paragraph 6(d), 6(g), 8, 8(a), 8(c), and 8(d) the words, "or haulers hired or used by " and/or the words, "agent, servant, assign, or employee, or third party," have been added in various places as more specifically set forth in the proposed, revised agreement presented at this meeting, together with a further modification of paragraph 8(c) wherein the words, "as herein provided," were added just before the indemnification and defending of the Town of Queensbury clause; 3. that paragraph 3 has been revised to add further language concerning the payment of the fee for the cubic yards of C&D waste indicated to be delivered to the Town of Queensbury; 4. that paragraph 7 has been deleted and new language substituted concerning the Town of Queensbury Landfill status and the Consent Order with DEC; 5. that paragraph 10 contingencies is modified to add a provision that DEC must approve the agreements prior to the time that the same take effect; 6. that the Manifest Log attached as an exhibit will be modified to indicate quantity of C&D in (in cubic yards); 7. that the Schedule B be revised such that the language at the very end (other than that employed at a construction and demolition processing facility) be deleted; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury have examined the additional modifications made to the C&D agreement and having a copy of the modified C&D agreement before them at this meeting, hereby approves the modified C&D agreement as it is now written and authorizes the Town Attorney and Town Supervisor to send copies of this modified agreement and to use this modified agreement on behalf of the Town, to accept C&D waste at the Town of Queensbury Landfill, and BE IT FURTHER, RESOLVED, that the Town Supervisor is authorized to execute the agreements on behalf of the Town of Queensbury once they have been executed by any interested party and after complying with the terms of the Consent Order, immediately arrange for acceptance of C&D waste at the Landfill, and BE IT FURTHER, RESOLVED, that it is recognized that certain parts of this agreement contain options and the Town Supervisor, on behalf of the Town of Queensbury, is authorized to select the options that will best serve the needs of the contractor and the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Attorney or the Town Supervisor shall provide the Town Board, at each Town Board meeting, with the names and addresses of any parties who have entered into agreements with the Town concerning C&D disposal at the Landfill. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Attorney Dusek-The next matter is a matter involving a road dedication. If the Board will recall back a while ago there was a letter of credit, I guess it was renewed for the Cedar Court Road which is up here on Bay Road with the development right next door to us here. Paul Naylor gave me a letter today indicating that the road has in fact been paved and he said, I have inspected the Cedarwood Court Road and it has been re-topped and meets with the satisfaction of the Highway Department. I got a call from Mr. Lent who has an interest in the development who indicates that he would like to have his letter of credit released at this point since the town no longer needs it. So, at this point I'm asking the Board if they'll consider a resolution authorizing the Town Supervisor and or the Town Attorney to arrange for the release of the letter of credit or the issuance of a letter indicating that the Town no longer needs to have that letter of credit. Supervisor Brandt-Let me ask you a question. Is that the place where there's a development and we, we're not picking up stormwater drainage because of the way it was left? Executive Director, Mr. Martin-I drove it today with Paul and the stormwater management plan now is in affect with the work they just did. Supervisor Brandt-It should work then? Executive Director, Mr. Martin-Yes, they re-worked the shoulders, all the catch basins now are working. You can see the rain over the weekend for an example was handled by the system. Councilman Monahan-Shouldn't we wait about thirty days just to make sure it is working properly? Supervisor Brandt-It got a pretty good test this last weekend. Councilman Monahan-I know but that's, I'm just thinking if we had four or five of those one right after another. I just want to make sure it's working, we've had so much trouble there. Supervisor Brandt -As far as I'm concerned, we can move ahead with it. You know, two people have inspected it and I have no problem with moving it. How do we do it? Attorney Dusek proposed the following resolution: RESOLUTION RELEASING LETTER OF CREDIT RESOLUTION NO. 364, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the release of the letter of credit on file for Cedarwood Court Road and further authorizes the Town Supervisor and/or the Town Attorney to arrange for the release of the letter of credit and issue a letter to the bank or any other appropriate parties indicating the Town of Queensbury is satisfied with the road improvements and no longer has an interest in maintaining a letter of credit. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: Mrs. Monahan ABSENT: None Attorney Dusek-The next item involves Stanley Juckett, you had rezoned his property by resolution 311, 1993. In that resolution it was provided that the property was rezoned to neighborhood commercial except that this rezoning is conditioned upon the applicant filing a declaration of covenants and restrictions in a form to be approved by the Town Attorney indicating that the property may only be used for professional office uses defined under the Zoning Code of the Town of Queensbury as and then it went on, I won't read the whole thing to you. We have a proposed declaration of covenants and restrictions that has been given to us for execution but before Mike has the authority to execute, it's necessary to have a Town Board resolution authorizing him to do so. Supervisor Brandt-Have you inspected it and do you approve it? Attorney Dusek-(presented copy to the Town Clerk) Yes, it says the same thing that the resolution stated. It looks good to me, it's in proper legal form. But you know, if it meets with the Board's approval. Supervisor Brandt-Do you want to form the resolution? Attorney Dusek proposed the following resolution: RESOLUTION REGARDING COVENANTS, CONDITIONS AND RESTRICTIONS FOR JUCKETT REZONING RESOLUTION NO. 365, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, there has been presented to the Town Board of the Town of Queensbury a Declaration of Covenants, Conditions and Restrictions concerning certain property owned by Stanley A. Juckett and Beverly D. Juckett, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to execute the Declaration of Covenants and Restrictions and to place the seal or arrange to place the seal of the corporation of the Town of Queensbury on the document and to affix the same by order of the Town Board of the Town of Queensbury as well as sign the Declaration of Covenants and Restrictions. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None Attorney Dusek-The next item, this has to deal with an application for a credit or refund that Mike had given me for the Pine View Cemetery. Keith Laake who was doing your work had come up with a refund that he feels is due of one thousand seventy-two dollars because of sales tax paid on utilities. I checked with the accounting department and they informed me that the Niagara Mohawk utilities is paid out of your town budget which is appropriated each year. So it would be appropriate for the Town Board because it's paid out of that part of town budget, it's my opinion it would appropriate for the Town Board to go ahead and authorize Mike's execution of this document. He's already executed it, but to ratify it and authorize it to be sent out. Even though I know there have been some discrepancies as to exactly what we should be doing with the funds in the Pine View Cemetery as well as the Town, but these is just merely trying to get a recoup of monies that were paid. So, I think it's appropriate to send it out and Mike had a reservation on that. You had asked me to review it, I have reviewed it and I think it's appropriate to act on it. Councilman Monahan-Should we get interest on that money, since they incorrectly billed us? I mean, that is an incorrect billing when you bill a municipality for sales tax. Attorney Dusek-Normally you would get interest on money you paid out but I don't see it indicated on this form. Councilman Monahan-I'd try for it. Supervisor Brandt-Let's ask for it and see what happens. Attorney Dusek proposed the following resolution: RESOLUTION REGARDING APPLICATION FOR CREDIT OR REFUND RESOLUTION NO. 366, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Attorney has advised the Town Board of the Town of Queensbury that an application for credit or refund has been completed and executed by the Town Supervisor and has indicated that authorization is needed by the Town Board to ratify the Supervisor's execution as well as to submit the same to the New York State Department of Taxation and Finance for credit or refund of certain sales tax paid in connection with Niagara Mohawk Power utility bills, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby ratifies the execution of the document by the Town Supervisor and hereby also authorizes the submission of the same to the New York State Department of Taxation and Finance for a refund claim of $1,072.52 and hereby further requests that in the letter that is sent with this document that a request for interest on the monies be made as well. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None Attorney Dusek-The next item concerns a person who is interested in arranging for a contract with the Town on the C&D waste called New Options on Waste, Inc. He raised a couple of issues. They're thinking about sending quite a bit of C&D waste up, maybe as much as 100,000 cubic yards. Councilman Monahan-Where are they from? Attorney Dusek-Albany. Supervisor Brandt-A DEC approved facility. Attorney Dusek-The question that was raised by this gentleman, he went up to the landfill and he was wondering if you could handle the volumes that he would be willing to send up. He said he had questions as to whether we can handle two thousand cubic yards a day coming in there, as far as the current machinery. Councilman Monahan-That's what I'm concerned about, that kind of trucks coming up Ridge Road, I don't think you can route that kind of trucks, all of them up Ridge Road. Supervisor Brandt-One hundred cubic yard trucks, that's twenty loads, that's not too bad. Attorney Dusek-I'm passing this on as an issue before you enter into the contract with this company, you may want to investigate that further with the landfill Superintendent. Supervisor Brandt-He did have a discussion with Jim Coughlin, they did look at the facility, Jim represented to me that he thought he could handle it alright. But I don't know if the two thousand yards were discussed, I wasn't present when the discussion took place. Attorney Dusek-This apparently came up, his call came to me after the visit to the landfill. The other issue was, he wanted to know if the Board would have an objection if while the loads were coming up, if he had a guy of his own company up there to inspect the loads as well because they want to make sure what's getting deposited there is in fact what's proper and agreeable with our people and to avoid any potential problems. Supervisor Brandt-It's a public facility, he's welcome to have someone there. Mr. John Salvador-Do we still have room for our little trucks here? Supervisor Brandt -Yes, that was part of the discussion and we said that we have to have an opening for all our locals and businesses doing business here, including the local haulers that are doing business here and some of the neighboring counties. So, that's understood. Attorney Dusek-Another matter. We got notice of a tax sale of certain property located apparently in your landfill. This has quite a history to it, it's property owned by Clarence Elms and this is now up for a tax sale. The question to the Town Board is whether you want to undertake the steps necessary to try to start acquiring this by virtue of the tax sale. Town Board held discussion and Attorney Dusek proposed the following resolution: RESOLUTION REGARDING TAX SALE MUD POND ROAD PROPERTY RESOLUTION NO. 367,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has been advised that certain property located off Mud Pond Road bearing Tax Map No. 52-2-11 is up for a tax sale for 1992, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to take such steps as may be appropriate to begin acquiring the property at a tax sale and ultimately conclude when the time is appropriate the purchase of the property through the tax sale of Warren County Treasurer's Office. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Attorney Dusek spoke to the Town Board regarding Investment Policy, Collateral agreements. The agreement was not ready for tonight because after I revised the addendum, I had to send it back out to the banks for approval and I have not yet been able to speak with the banks on the addendum to the agreement. So what I'm proposing now, is to get this thing wrapped up with the banks first to make sure they like my addendum because I've added some additional language. And if they do, then I would propose to bring the investment policy as well as the collateral agreements back before your board. It may come before you while I'm gone, if I can get everything cleaned up for you. If not, it will be as soon as I get back. The next item is Pasco Avenue Water District. I started to work on that preparing what I thought would were going to be just standard form resolutions. However, I got into this and as I was working on it and reviewing the various sections of law that I have to go through and review, it came back to my recollection when I hit in the law as well as reading the legal section itself, we have a slightly different circumstance here because of the impact of a previous consolidation we did when we did the Bay Road water district. That was the last one that was done, it was in December of 1991 and when we did that, we did a 206A proceeding which has certain impacts on how you can do future districts. The question in my mind at this point is whether I can do the district in the fashion that I had originally contemplated which was similar to the Easy Street district or whether we have to modify the way it's going to be handled. And I'm trying to get you an answer on that but I just haven't had enough time to get to the bottom of it. The laws in this area are very complicated, there's been some new sections that were added in recent years by the State Comptroller's Office which we utilize and part of the problem lies in the fact that some of our districts of course are funded by developers, where are some are not. And I'm trying to preserve the avenues that we've traditionally used to acquire partial funding for these developer districts as well as though try and develop a quick way to do some of these smaller districts like the Pasco Avenue District. I wanted to explain to you where it was at. Councilman Tucker-I have a question before we go any further. We've got a chunk of Sherman Avenue that doesn't have a water line on it and in the process of putting this together, we talked about charging that off to the regular district. My question is, can we move that part of it along? Attorney Dusek-That part of it we can move along. In fact, I was going to have that part of it done for you tonight accept that I didn't get the reports on that improvement handed to me until just tonight's meeting. So I have the resolutions prepared but I didn't have the reports to match them against my forms to make sure I included everything. Supervisor Brandt-Maybe you could prepare those and we could handle them while you're gone. Attorney Dusek-That you could because that's going to require, that's that 202B proceeding much like what you would do for a plant where you have to make a water main improvement and I could have that prepared so at least you could set the public hearing. OPEN FORUM 10:05 P.M. Mr. Gilbert Boehm-Referred to discussion of last week concerning the economic development and twenty- five thousand dollars. Supervisor Brandt-Last week after you left, I forgot that we had passed a resolution authorizing the Supervisor to enter into an agreement, after all of the discussion, the Attorney listen to it all and said he wanted to change some things or review it. So we rescinded our authorization for the Supervisor to sign the agreement. We're waiting for the attorney and he's going on vacation, so I guess we'll hear from him when he gets back. Councilman Caimano-So we're not paying twenty-five thousand, right now? Councilman Tucker-Right, it's on hold. Mr. Boehm-Some quick comments relative to that. One, the Comptroller has repeatedly criticized the State's economic development programs and that's relative to there actually creating the jobs that they promise. Also the officials that are involved with that usually over state the performance of the current subsidy programs. Whoever you're giving this money to, usually over states what they'll give you. Supervisor Brandt-That's government at work. Mr. Boehm-That's right, so you ought to reconsider whether or not you even want to enter into something like this. Councilman Monahan-What you're saying is the applicants for the money over state the value they're going to be to the community in jobs. Mr. Boehm-Yes. It was also criticized on the basis of whether or not government really should remain in the business of handling out grants, loans and special tax concessions because it turns out, it's an incredibly wasteful program the way it is presently done. Now these are critiques that have been addressed to this as a result of an analysis of all of these programs that have gone on in the past. Supervisor Brandt-Thank you. Mr. Salvador-Questioned whether there was a schedule for Dunham's Bay Road? Attorney Dusek-That we're waiting on the surveyor. I think I spoke with you last week, I think at that point he had indicated that he was starting that week. I presume it will be done almost any time, he's got alot of the information already as you know. Mr. Salvador-Earlier this evening we talked about the Lake George Park Commission Wastewater Regulations and the agreement governing the administration and enforcement of wastewater regulations that the Town has entered into with the Park Commission. I talked about this last week and if you recall, I indicated that the record shows that the previous Queensbury Town Board under the direction of Supervisor Borgos failed to do the following; they failed to issue a public notice and hold a public hearing, the conduct of a SEQRA Review or to even require the Lake George Park Commission to conduct a SEQRA review was not undertaken. And the fact that Paul Dusek mentioned that the Lake George Park Commission had not even finalized the agreement at the time the Town Board voted, brings into serious question that you really have a valid agreement with the Park Commission. Attorney Dusek-I think maybe it's important that I comment at this point, John, not to interrupt you but you made a couple of statements and I think it's important to note that the public hearing for instance, part of your statement, there's no law that requires that a public hearing be held before that type of an agreement be entered into. The Town Board in my opinion at that time properly entered into that. Likewise, for the SEQRA review, at that point it was our understanding, although I know that you've indicated and we knew at the time I think that there was litigation from, maybe you were involved in it or people you're associated with. The bottom line is that right now the authority of the agency is intact and until such time as a court overturns that, I think the Town was proper in acting upon what appears to be the laws of the State. If there should be eventually a change in that law, then I think the Town would act accordingly and do the proper thing. I think it's important to note for the record that the time the Town acted, it acted in good faith and we did think that we were doing the right thing and it's not like we ignored a law that said, for instance, you have to have a public hearing because there is no law that says that. Mr. Salvador-There is a State Environmental Quality Review Act that requires a town entering into that kind of an agreement with a State agency should do a SEQRA review. If only it may lead to a project or an undertaking that may have significant environmental impacts and it's obvious that these regulations are leading to a sewer. I would also like to remind you that shortly after you entered into this agreement with the Park Commission, Mr. Borgos found it necessary to move to change our sanitary code in order that there be uniformity with regard to separation distances for on site wastewater facilities. That was a subject of a public hearing, that was handled at the same time as the subject of allowing septic tanks to be buried under driveways. I reminded the Town Board at that time, that an effort to change the sanitary code involving separation distances would require a SEQRA review. At that point, the separation distances around Lake George were withdrawn from that local law that was being heard that night and they have not been acted on since and the SEQRA review has not been performed. Attorney Dusek-But I think then what you're indicating is that essentially the right thing was done that night? Mr. Salvador-Yes. Supervisor Brandt-What affect's us, tell us what we're doing? If you guys want to argue law, argue law somewhere else but I'd like to go home yet tonight. Mr. Salvador-Back to the subject of changing the agreement governing administration and enforcement on wastewater regulations, please review the requirements of SEQRA and particularly part 617.2 and 617.8G as the law pertains to changes in existing procedures that may affect the environment or lead to a project or undertaking that may affect the environment. Regardless of what we think of the original agreement, you're about to change an agreement and I think SEQRA that you should do an environmental review of those changes because those changes are going to lead to something that is going to have significant environmental impacts. Maybe you should request the Lake George Park Commission to perform the environmental review before you move with their revised agreement. Supervisor Brandt-Again these are matters oflaw, I hope you can advise us on what to do because I sure don't understand this. Attorney Dusek-I think it's premature to do anything because we have not yet received the agreement from the Park Commission. Mr. Salvador-Will you be represented at that Tuesday meeting next week at the Park Commission when they vote? They will be voting on the changes that they're going to present you with in the agreement. Attorney Dusek-I'm not going to be here. Councilman Goetz-Dave, do you go to those? Dave Hatin, Director of Building and Codes-I can go, I didn't know anything about it but I can go. Mr. Salvador-Presumably, you have some kind of an agreement with them as to what changes they're going to make. Executive Director, Mr. Martin-We know what changes they're going to make. They're going to do the inspections instead of us, it's a procedural matter. Mr. Salvador-Okay and whose going to issue the interim operating permit or the operating permits? Executive Director, Mr. Martin-They would be in that. Councilman Caimano-I assume they would. Supervisor Brandt-We're not. Mr. Salvador-As Gil Boehm has brought up before, when does the meter start on the three year period that they'll issue them for? And what happens after three years, if the people haven't join the community system as the regulations say? Supervisor Brandt-I don't know the answer to all of that. I mean that's not our law, it's their law. Mr. Salvador-And Mike because you don't know the answers, is why we need a SEQRA review. That's all, it's as simple as that. Councilman Tucker-But shouldn't those questions go to the people who are going to be doing it? Mr. Salvador-By yourself, yes, you're going to enter into the agreement, not me. Supervisor Brandt-Okay, let's go on. Mr. Gilbert Boehm-One other comment, what you're doing is also opening all of us to a forty dollar fee now, too. Councilman Monahan-That's why we did the ... Supervisor Brandt-But we are not doing that, that was done by New York State legislature or whoever put the park law in or the park. We didn't do that so don't blame us for it. Mr. Salvador-No, they did, the commission did. Councilman Monahan-Wait a minute, that's why we signed that agreement trying to protect the people up there from the forty dollar fee... Supervisor Brandt-And we can't protect you from their laws. Councilman Monahan-But we could under ... Mr. Salvador-Yes you can, that is not a true statement. Councilman Monahan-We did under the old contract. Supervisor Brandt-No, what we did is we passed the buck off to the other taxpayers. I remember you saying that just a little earlier, we shouldn't do that in the forest. We're not doing it here, so I hope you applaud our move. Mr. Boehm-But the thing is, you did enter into that agreement already and now what you're doing is, is you're serving the surprise ... Supervisor Brandt-No, the previous Board did and we're pulling out. Councilman Monahan-I have a problem with this because I think we're pulling out strictly from the comments we've heard from Mr. Salvador and John don't take this personal please. But there's an awful lot of residents up around north Queensbury effected by what we're going to do that have not expressed an opinion, have not had a chance to be heard and I think this Board is jumping before they know what they're doing and before they've heard from the people up there. Mr. Salvador-Mrs. Monahan, precisely why we need a SEQRA review. There is room in the SEQRA process for public input. I speak for myself when I sit here and no one else. Councilman Monahan-Before that agreement is changed, I certainly think that we should hear from all of the people or all of them that want to be heard and there needs to be some notification of what we're planning on doing because I'm not too sure how many of the people up there are going to agree with that action. Mr. Salvador-What are we doing about the Stormwater Regulations? Executive Director, Mr. Martin-They're floundering, is my understanding. They tried to amend them with the Town of Bolton, they thought they had it all worked out and their legal advisor or their counsel told them that the amendment was illegal. Now, they're back to square one. So any town who has a problem with their regulations and wants to amend them, apparently can't do so. So they're trying to graffel with that. Mr. Salvador-The Park Commission is? Executive Director, Mr. Martin-Yes. Mr. Salvador-The subject of the Harris Bay Yacht Club and marina inspections, I was expecting an answer to my letter. Supervisor Brandt-I don't have an answer. Does anybody have an answer? Mr. Hatin, Director of Building and Codes-I spoke with John today that I would not have an answer to this Board, the letter would not go to the Board just because I simply have not had time to dictate and go back and research my files when that all became an issue. Mr. Salvador-I haven't heard from the Warren County Lake Affairs Committee either on that subject. The Warren County Planning Board, do they allow public input, public comment at their hearings? The last one I attended about two years ago, there was no room for public comment. Executive Director, Mr. Martin-I don't think they do. Mr. Salvador-I question what it's all about. Supervisor Brandt -You've got four other supervisors from this Town representing you there, make them aware of it. Mr. Salvador-Thank you. (presented letter to the Town Board and Town Clerk, letter on file in Clerk's Office) Mr. Boehm-A quick question. Some time ago, you had proposals from two independent contractors proposing to review your utilities bills. Supervisor Brandt -One of them was handled tonight. Mr. Boehm-As a result of that? Supervisor Brandt -Yes. Mr. Boehm-So he did sign a contract? Supervisor Brandt -Yes. Ms. Barbara Bennett-What Board meetings do you have scheduled this week? Supervisor Brandt-Tomorrow night at 3:30, we scheduled that tonight. Councilman Caimano-Potentially, we have interviews at 5:30 on Thursday. Councilman Monahan-That's executive session, interviews for assistant planner. Mrs. Bennett-Is the 2:30 meeting with Paul Naylor open? Councilman Caimano-Yes, at 3:30 tomorrow. OPEN FORUM CLOSED 10:45 P.M. DISCUSSION / AUDIT OF BILLS Supervisor Brandt-Page 8, the Peckham bills, I want to pull them until we have our discussion with Paul. I guess that's 93236100, is that right number. Councilman Tucker-No, 00255. Questioned, page 14,00406, telephone number 793-8866, $758.90. I'd like to know how come that so much and why? Councilman Monahan-It says water department. Councilman Goetz-Why is so high. Deputy Town Clerk Mitchell-It says water and wastewater. Councilman Tucker-It hits you right in the eye and if! could have in my mind that it was okay, I'd feel comfortable. Supervisor Brandt-Why don't we pull it and ask for an explanation and then we can throw it right back to pay if everybody is satisfied. Deputy Town Clerk Mitchell-Okay, so it's pulled for explanation and ifPliney and whomever approve it, it's okay? Supervisor Brandt -Yes. Councilman Tucker and Councilman Monahan reviewed vouchers belonging to Cole, Layer and Trumble. Councilman Tucker and Councilman Goetz questioned 2598, Great Escape, an overpayment. Would like to pull temporarily for an explanation. Councilman Goetz-Can I just comment, I noticed that there were alot of late PO's for various departments. Councilman Caimano- They're writing PO's after the fact. Councilman Goetz-They shouldn't be, right? Councilman Caimano- No. Councilman Goetz-So, is anything in motion to stop it? Councilman Caimano- The Supervisor can talk to the Town Clerk and the Accountant and tell them to stop it. Councilman Goetz-Don't you think it's important? Councilman Caimano-I do think it's important. I've read this audit from Riccardelli, I think we've got a major, major problem and I think alot of other people get blamed for it. Councilman Monahan-I think we have to have a meeting about procedure. Supervisor Brandt-I had a meeting today with Mr. Hansen concerning that, and the Accounting Department, I told him to get aboard and make sure that it was handled properly and we went through the whole thing. That part is taken care of, we'll be talking to the Highway Department tomorrow, they're the other offenders. Councilman Goetz-Water is another one. Councilman Caimano-Everybody does it, every department does it. Councilman Monahan-The point of it is, this town needs to set up some procedures. Supervisor Brandt-The procedure is set up, the procedure is in place, it's just that it's ignored. If it's alright with you guys, let's the same thing to the Water Department, every department. Councilman Caimano-Every department stop doing it. There's no control, when you do that there's no control. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 368, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Audit of Bills appearing on abstract June 21st, 1993, numbering 93-217600 through 93-237600 and totalling $158,490.84, be and is hereby approved, and BE IT FURTHER RESOLVED, that Vendor #255, Peckham Materials Corp., voucher numbers 93-236100 and 93- 236200, totalling $30,869.44, are hereby pulled from the Audit of Bills and the total reflects that deduction, and BE IT FURTHER RESOLVED, that Vendor #406, New York Telephone, voucher number 93-221400 and Vendor #2598, The Great Escape, voucher numbers 93-225001 and 93-225100 are held for further explanation and authorization of the Town Supervisor. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano, Vendor #000127 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 369,93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter Executive Session to discuss a Potential Litigation Matter and also one that warrants Attorney/Client Privileged information and one Personnel Matter. Duly adopted this 21st day of June, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY