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1993-08-02 TOWN BOARD MEETING AUGUST 2, 1993 7:00 p.m. MTG.#57 RES. 428-439 BOH 26-27 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Town Attorney Paul Dusek PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Brandt -Opened the Meeting. RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 428, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Supervisor Brandt-We have a public hearing, have we made the proper notifications? Town Clerk Darleen Dougher-Yes Supervisor Brandt-Is there anyone here to lead us in this one? Jim is under you or? Executive Director James Martin-Usually, Dave takes these but he could not make it tonight. This is a sewage disposal variance for a Michael and Barber Ann Muldberry, and I believe this is up in Cleverdale. They are requesting relief to place a holding tank on the property. Councilman Goetz-I think it is Muldberry isn't it? Executive Director Martin-Muldberry. Councilman Goetz-Dave Hatin sent a letter shouldn't that be read into the record? Executive Director Martin-Yes, you should. Town Clerk Darleen Dougher-Do you want it read now? Supervisor Brandt-Sure. Town Clerk Darleen Dougher- July 30, 1993 To: Town Board Members re: Michael & Barbara Ann Mulderry Septic Variance Dear Board Members: In reference to the variance before you for the Mulderry's to place holding tanks two feet from the property line and seven feet from the dwelling, this Department has reviewed this proposal and finds no other reasonable alternative that could be accomplished given the size of the property and the location of the property on the point of Cleverdale. The Board may not be aware but this residence sustained a fire this part winter and Mulderry's are currently rebuilding on this site and are proposing to eliminate a nonconforming septic system and install holding tanks which would be much more beneficial given the circumstances surrounding this property. Unless the Highway Department objects to the holding tanks being two feet from the property line, which would be basically the Town road, I see no reason why the Board could not approve this vanance. Should you have any further questions or comments, you may wish to table this application, and I would be happy to attend your next Town Board meeting and answer of those questions. Sincerely, Isl David Hatin, Director Building & Code Enforcement Supervisor Brandt-This is a public hearing and I will open it to the public at this point. Is there anyone here that would like to speak on this application? Councilman Goetz-What about this agent, Mr. Dickinson? Don't they usually come? Councilman Tucker-Who? Councilman Goetz-The agent, for whoever? Councilman Caimano-Somebody ought to be here to represent them. Councilman Monahan-Mike, I will say, I saw this, this afternoon, Dave's letter and it says unless the Highway Department objects, so I called Paul Naylor, in fact I called him at his house and nobody had shown Paul the plans, so I do not know, he doesn't know if he has a problem with it being that close to the road or anything. Supervisor Brandt-I thought the same thing. We, you know, I have no problem with what they are proposing, I think it is probably a good idea. Certainly whatever tanks are put in are going to have to be strong enough to withstand whatever side pressures come from vehicles on that road. What I would suggest is that we pass it subject to his approval or in some way force it to go to Paul to get a formal, you know, reading from him or if he wants to set specs that he gets the chance to give those specs. Councilman Monahan-Maybe we hold the public hearing open and table it until Paul has a chance to see these and respond, which would delay it a week. But, it may take him two or three days to look at this anyway. So, I do not know if it is really going to delay it at all. Councilman Caimano-Want to table it? Councilman Goetz-I think we should, I would like to see Mr. Dickinson here also, because we usually have a presentation by the agent or the owner. Supervisor Brandt -So, you want to just table it? RESOLUTION TO TABLE A SANITARY SEW AGE DISPOSAL VARIANCE FOR MICHAEL AND BARBARA ANN MULDERRY RESOLUTION NO. 26, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz I move to table this resolution until we hear from the Town Highway Superintendent and hopefully from the agent of the application and hold the public hearing open. Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION ADJOURNING AS QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 27, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Queensbury Board of Health hereby adjourns and the Town Board hereby moves into Regular Session. Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTIONS Supervisor Brandt -On the minutes I have a problem with July 6th my problem is that my comments are verbatim and other people's at the end of the meeting are not verbatim and I think there should be one standard, if it is verbatim it should be verbatim, I have no problem with that. When you speak openly and as we do off the cuff in meetings, our english when it's written doesn't look perfect, and it isn't perfect because speech isn't spoken in perfect english. So when you have verbatim minutes you can find glitches when they are written out and they don't, you know they are not becoming, but that is the way it is. As far as I am concerned that should be the standard and it should be for everyone that speaks and I would like to see it done that way. So, I would... Councilman Caimano- What was the 6th meeting, what was it about, do you remember? Supervisor Brandt-Well it was during the open forum on the 6th I would like to correct that and bring it in verbatim and then I would entertain to approve that, other than that I have no problem? Town Clerk Darleen Dougher-Was it the whole topic Mike, or was it just, I remember several times we have had either Council people or people from the public ask that a certain section be done verbatim. Supervisor Brandt-Well, I know that mine are done verbatim but the other people that are addressing them aren't. I would like to have them both verbatim. Town Clerk Darleen Dougher-We can change that, so we are going to change the 6th verbatim on that particular topic? Supervisor Brandt-Yep. Councilman Goetz-Is this something that we should have consistent on all the minutes? Town Clerk Darleen Dougher-The only thing I do verbatim normally are public hearings. Councilman Goetz-What it that? Town Clerk Darleen Dougher-Public Hearings are done verbatim. Anything else we chop up unless somebody from the public or the council people request that a section be done verbatim and then we do it, apparently somebody had asked and without seeing the topic I could not tell you who it was, asked that, that one section be done verbatim. Supervisor Brandt-I would ask for that and other than that I would entertain a motion on the other ones. RESOLUTION APPROVING TOWN BOARD MINUTES RESOLUTION NO. 429, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board Minutes of May 24th, June 14th, 21st,24th, and the 28th of 1993 be and hereby are approved. Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 430, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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: JUSTICE COURT: FROM: TO: AMOUNT: 01-1110-1062 01-1110-1212 (Justice Court Clerk) (Deputy Clerk) $14,000.00 01-1110-1062 (Justice Court Clerk) 01-1110-1070 (Clerk, Part-Time) $ 8,000.00 and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 2nd day of August, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Coucilman Tucker-What are we doing here? Supervisor Brandt-What happened when we made the budget at the time we made it we put the money in a clerical position which doesn't exist and so we are switching to where it does exist, different titles. (vote taken) RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR RICHARD SCHERMERHORN TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 431, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: RICHARD SCHERMERHORN - Tax Map No.: 60-2-7.1, Near Corner of Cronin & Meadowbrooks Roads, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 2nd day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Supervisor Brandt-Do you wish to speak to us? Attorney Mike O'Connor-Do you have any questions at this point I would be glad to address the Board. Councilman Caimano- This is just moving it onto the Planning Board. Supervisor Brandt-Just to the Planning Board and I don't, just as well see their comments. Attorney Mike O'Connor-This is to reference to them for their recommendations? Supervisor Brandt-That is right. Attorney Mike O'Connor-This appoints yourself as lead agency? Councilman Caimano- Yes, it is part of the, it is the second resolved clause. (vote taken) RESOLUTION APPOINTING ASSISTANT PLANNER RESOLUTION NO.: 432, 93 MOTION DEFEATED INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the position of Assistant Planner has previously been created in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the Civil Service Law, hereby appoints Ms. Susan H. Cipperly as Assistant Planner at an annual salary of $23,500.00 prorated to be paid from Account #1-8020-1610, said appointment to commence on Monday, August 16, 1993, and said appointment to be provisional in accordance with the Civil Service Laws and carry a probationary period in accordance with the letter to be sent to the appointee by the Town Supervisor. Duly adopted this 2nd day of August, 1993, by the following vote: AYES Mr. Tucker, Mr. Brandt NOES Mr. Caimano, Mrs. Monahan, Mrs. Goetz ABSENT: None Discussion held before vote: Supervisor Brandt-For the publics information one of our assistant planners did not score as was required within the State Law and so the position was open and we advertised and Susan Cipperly was the successful she did well in the test and she interviewed and we are appointing her to the position vacated because of the civil service law. Councilman Caimano-I have one comment, my vote will reflect the fact that while I know that the Planning Dept. is doing a great job now I have differing opinion with my colleagues as to what kind of employees we need and that is why my vote will reflect that. (Vote taken-Mr. Caimano-no Mr. Tucker- yes Mrs. Monahan-No, for the record the vote is not against the applicant for the position but I too have extreme doubts that we need a third planner at this time. Mrs. Goetz-No, because I was not present at the interviews I was sick that day and I do not feel that I can vote on it. Mr. Brandt-Yes. There you go, start over sometime and figure out what you are going to do, tell us. ) RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING FENCES RESOLUTION NO. 433, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Discussion held Attorney Dusek - I would ask that you put that on hold until next week, I just saw that tonight and unfortunately there is some paragraphs in there that it is fine if they want to be moved around but it's not in the proper format. Supervisor Brandt-Why don't we withdraw it. Councilman Caimano-I will withdraw. RESOLUTION CALLING AND SETTING PUBLIC HEARING CONCERNING PROPOSED ROUTE 9 EXTENSION NO. 1 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 433, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Route 9 Sewer Extension No.1, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Central Queensbury Quaker Road Sewer District, such extension to service an area to the north of the existing district and on the westerly side of Route 9, such area consisting of those parcels or lots being identified as having tax map numbers 71-1-9, 71-1-03 and 71-1-05, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by Flint, Allen, White and Radley, engineers licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District and a general plan of the proposed sewer system showing 1,880 lineal feet of extension of sewer main with necessary manholes, valveing, and laterals, if any, with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, to be used in accordance with the terms and provisions of an Agreement and the transmission mains of the Central Queensbury Quaker Road Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law, Section 206A, and WHEREAS, an Environmental Assessment Form has been prepared and presented at this meeting, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall consider establishing the proposed extension to the Central Queensbury Quaker Road Sewer District, the same being briefly previously described in this Resolution and more fully in the Map, Plan and Report presented at this meeting, said sewer extension to be known as the Route 9 Sewer Extension No.1; 2. The boundaries of the proposed extension are as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows; BEGINNING at a point in the westerly bounds of New York State Highway Route 9 at the northeast corner of the lands conveyed to Herbert G. Sheinberg by deed dated June 22, 1977 and recorded in book 606 of deeds at page 594 being also the southeast corner of the lands conveyed to George W. Goetz and John R. Goetz by deed dated March 30, 1983 and recorded in book 652 of deeds at page 1010; running thence southerly along said bounds of Route 9 the following two courses and distances: (1) South 09 degrees, 49 minutes and 57 seconds East, a distance of 164.16 feet; (2) South 12 degrees, 58 minutes and 27 seconds East, a distance of 26.43 feet to the northeast corner of the lands of Mary R. Bodenweiser; running thence around the land of said Sheinberg the following five courses and distances: (1) North 86 degrees, 41 minutes and 57 seconds West, a distance of 139.77 feet; (2) North 14 degrees, 39 minutes and 57 seconds West, a distance of 4.81 feet; (3) North 88 degrees, 14 minutes and 17 seconds West, a distance of 172.67 feet; (4) North 06 degrees, 17 minutes and 03 seconds East, a distance of 195.74 feet; (5) South 84 degrees, 26 minutes and 56 seconds East, a distance of 259.16 feet to the point and place of beginning, Bearings given in the above description refer to the magnetic meridian as of 1966. and All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at the northeast corner of the lands conveyed to George W. Goetz and John R. Goetz by deed dated March 30, 1983 and recorded in book 652 of deeds at page 1010 at the southeast corner of the lands of National Realty and Development Corporation; thence running along the common line between said lands of Goetz and said National Realty & Development Corporation the following three courses and distances: (1) North 83 degrees, 39 minutes and 56 seconds West, a distance of 243.25 feet; (2) South 06 degrees, 10 minutes and 00 seconds West, a distance of 199.82 feet; (3) South 06 degrees, 11 minutes and 00 seconds West, a distance of 14.59 feet; thence running around said lands of National Realty & Development Corporation, the following eight courses and distances: (1) North 84 degrees, 42 minutes and 00 seconds West, a distance of 219.84 feet; (2) North 85 degrees, 19 minutes and 00 seconds West, a distance of 107.88 feet; (3) North 84 degrees, 19 minutes and 00 seconds West, a distance of 99.59 feet; (4) North 84 degrees, 45 minutes and 00 seconds West, a distance of234.60 feet; (5) North 05 degrees, 22 minutes and 00 seconds East, a distance of 967.48 feet to Weeks Road; (6) South 84 degrees, 23 minutes and 00 seconds East, a distance of 537.64 feet along said Weeks Road; (7) South 03 degrees, 55 minutes and 00 seconds West, a distance of 150.48 feet; (8) South 83 degrees, 10 minutes and 30 seconds East, a distance of 366.09 feet to Route 9 at the southeast corner of the lands of Ling; thence running along said Route 9 the following two courses and distances: (1) South 07 degrees, 20 minutes and 43 seconds West, a distance of 468.57 feet; (2) South 06 degrees, 47 minutes and 45 seconds West, a distance of 124.94 feet to the point and place of beginning. Bearings given in the above description refer to the magnetic meridian as of February 1966. 3. The improvements shall consist of the purchase and installation of 1,880 lineal feet of extension of sewer main with necessary manholes, valveing, and laterals, if any, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Flint, Allen, White and Radley and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervIsIOn; 5. The maximum amount to be expended for said improvement will not be greater than $90,000.00, said improvement cost to be paid by the developer and at no cost to the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, for the proposed extension, and the areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District; 6. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 7. In accordance with Town Law, Section 206A, all expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; 9. The Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on the 16th day of August, 1993, at 7:00 p.m., to consider the Map, Plan and Report for the said sewer extension in accordance with the terms and provisions of this Resolution and to hear all persons interested in the proposal and to take such other and further action as may be required or allowed by law; 10. The Town Clerk is directed to cause a copy of this Order to be duly published and posted not less than ten (10) days nor more than twenty (20) days before the hearing date set forth herein and as required by Town Law, Section 209-D, and complete or arrange for the securing of two (2) affidavits of publication of notice and two (2) affidavits of posting of notice of the public hearing as required thereby, and it is further RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized and directed to notify the New York State Department of Environmental Conservation and the New York State Department of Health of the proposed action and advised that the Town Board of the Town of Queensbury desires to coordinate a SEQRA review of the proposed action and to act as lead agency in the review of said action pursuant to the State Environmental Quality Review Act and the Town Attorney is also authorized to forward a copy of this Resolution, Part 1 of the Environmental Assessment Form presented at this meeting, and notice of the hearing date to the aforementioned involved agencies, with such other and further documentation as may be deemed necessary or appropriate by the Town Attorney. Duly adopted this 2nd day of August, 1993, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES None ABSENT None ABSTAIN: Mrs. Goetz Discussion held before vote: Attorney Dusek-Before you entertain your resolution on that can I just substitute something in your packages? Supervisor Brandt -Yes Attorney Dusek -You have got a map, plan and report in your packages and all that has been done is there are a number of corrections that I asked be made to the report. Foreinstance on the front page of the report it refers to an extension to the Route 9 Sewer District. There is no Route 9 Sewer District it is rather, it should say extension number one to the Central Queensbury Quaker Road Sewer District to be know as the Route 9 Sewer Extension Number One. That type of change was made throughout, there was also changes that I had requested in the map, plan and report concerning the operation of the extension district, basically indicating language similar to your resolution that it was going to be consolidated immediately upon creation and that it would be run in terms of capital charges and operation and maintenance charges this extension will pay exactly the same basis and formula and everything as your parent district does, Queensbury Central. The applicants engineer and Attorney, I worked through the Attorney by virtue of submitting this report, apparently they agreed to the changes that I had recommended. Mike O'Connor represents them if he wants to add anything to what I am saying on this, but I do not think it is something major, you are setting it down for a public hearing but I wanted to make sure you have the correct map, plan and report before you because it is supposed to be on file with the Town Clerk and I have just filed it with her this evening. Councilman Caimano- This one we can toss. Attorney Dusek-The old one you should get rid of. Councilman Tucker-I got a question for somebody. I did not read, when we have been talking about this extension for quite some time, and it included the Mt.Royal shopping mall, the extension up Route 9 and unless I missed it I don't think this includes it. Attorney Dusek-No, this particular extension has been the map, plan and report has been done includes only the area of the Walmart Plaza and the area of Long John Silvers, Pizza Hut, it includes no other areas. It is an extension district that will be serviced by a pipe running from the parent district to the extension district and only servicing those two areas. Councilman Tucker-What happens beyond this point? Attorney Dusek-If somebody else wants the sewer service they have to go through the exact same process, do a map, plan and report. Councilman Tucker-Are they going to have to lay a line right along side this line or? Attorney Dusek-No, this line will be turned over to you once its been constructed. Councilman Tucker-Is it going to be big enough to take care of? Attorney Dusek-That I do not know. Councilman Monahan-I think Pliney brings up a very important question up, whether or not this pipe is big or otherwise it is kind of ridiculous. Supervisor Brandt-Mike, why don't you address us on that. Attorney Mike O'Connor-For your records, I am Michael O'Commor from the Law Firm of Little and O'Connor, I am the Attorney for the Developer, not the engineer, but from what I understand is that the pipe sizing is dictated by the pipe below the site now above the site. This is the largest pipe that they could put in to hook into what your existing system is. It is sized with an expediency that they will also above it will hook into it. Councilman Tucker-Ok. Attorney O'Connor-1 think Mr. VanDusen is here and I do not know if he is familiar with the plans, Mr. Shaw has gone over the plans he has looked at the engineering and I think Rist Frost has looked at them for him and they have made some suggestions and everything has been implemented and made part of our actual presentation to you. Councilman Monahan-Mike, what is the address of this engineer? Flint, Allen, White and Radley Consulting Engineers. Executive Director Martin-Rochester, they were the engineers on the Walmart project. Attorney O'Connor-1 will look at my file, 3495 Winten Place, Rochester, N.Y. 14623 do you want a phone? Councilman Monahan-No. I just wanted their location, thank you. Supervisor Brandt-We are really, setting a public hearing and after that public hearing we do the SEQRA is that correct? Attorney Dusek-That is correct and then you would also make the determination following that public hearing whether or not to create the district. Supervisor Brandt-When can we set this public hearing for? Attorney Dusek-Two weeks from tonight. Councilman Goetz-August 16th Attorney Dusek-It has to be more than ten not more than twenty. Councilman Monahan-I have got a question here. Attorney Dusek-It looks like you have two choices 16th or the 23rd. Supervisor Brandt-Is there a heavy schedule on the 16th? Town Clerk Darleen Dougher-We have no public hearings set yet. Supervisor Brandt-Lets go for the 16th. Councilman Monahan-Are you familiar with this at all Mike? Attorney O'Connor-Generally. Councilman Monahan-It says, the entire project cost will be borne by the developer of the proposed Walmart Store except that the owner of the property occupied by the Pizza Hut and Long John Silvers Restaurant will be responsible to the developer for re-imbursement of the one time capital charge payable to the City of Glens Falls. Now do I read that that they are going to pay for Walmarts area too or just their own area? Attorney O'Connor-Just their own. Councilman Monahan-I mean the way this was written I was not quite sure. Attorney O'Connor-Walmart in the first instance will pay for the entire proposed cost, we will then work out our own arrangement with that particular property owner to reimburse us not for construction cost but for in essence the sign up charge that the City passes on to individual users. Councilman Monahan-So, it will be just Pizza Hut and Long John Silvers will be paying for their own charge. Attorney O'Connor-Yes. (vote taken: Mr. Tucker-Yes Mrs. Monahan-Yes Mrs. Goetz-Abstain, I am abstaining because I have a possible financial interest in adjoining property Mr. Caimano- Y es Mr. Brandt -Yes) Supervisor Brandt-That is the prepared resolutions, does anybody have anything else? Councilman Caimano-I have a question for you. I had a question during the week regarding United Way. I know that we have talked about this as a Board regarding donations to people and the question was in the past and in the present we have turned down United Way as a payroll deduction, is that, out of curiosity is it a legal thing, can we not approach our employees about it or what? United Way collects through companies by way of payroll deductions sometimes there are matching funds sometimes not, my understanding is that in the past that they have tried to approach the Town of Queensbury to approach its employees and they have been turned down. I just did not know if there was a legal reason to do that or? Attorney Dusek-I do not know I have never been asked to render an opinion on it. I could not give one off the top of my head, sometimes government does have some unusual regulations or laws that you have to follow. Councilman Caimano-I did not know either way. Supervisor Brandt-Do you want him to look into that? Councilman Caimano-Ifthey approach us I guess they will approach Mike or the Legal Department. Councilman Monahan-I would be against doing that. Councilman Caimano-Would you? Councilman Monahan-Yes, I would, because I think it is certain ah, it smacks of a certain amount of coerCIOn. Councilman Caimano-On who's part, ours? Councilman Monahan-On ours, to employees. Supervisor Brandt-I think it is up to the employees, I do not want to impose it one way or the other. Councilman Caimano- Yea, that is what I feel. Supervisor Brandt-If they want to do it let them do it, if they do not want to do it that is fine. Councilman Caimano-But I think it should be, what I understand from you though, Mike and maybe this would solve Betty's problem is that they approach the employees directly and the Board has nothing to do with it, right? Supervisor Brandt-Maybe they ought to set up an association of the employees to rule on such matters and leave us out of it. Councilman Monahan-That is fine by me, I do not think it is a Town Board issue. Councilman Caimano-I agree with that I do not want to be a part of that because I agree with Betty, I do not like it at work either because it feels like the management is forcing you to give something. Supervisor Brandt-Let them poll all the people involved and make a decision on their own. Councilman Tucker-They used to do it in the Army. They did not ask you they told you. Councilman Monahan-We hope that the Town is not quite like being in the Army, Pliney. Town Clerk Darleen Dougher-I think we skipped one resolution regarding the inventory clerk, Arlene Rothschild. RESOLUTION OF APPOINTMENT RESOLUTION NO. 434, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town of Queensbury has been awarded a Local Government Records Management Improvement Grant for the 1993-1994 grant year, and WHEREAS, as part of this grant, a temporary Inventory Clerk is to be appointed, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Arlene Ruthschild as the Inventory Clerk for a period of one year, commencing August 16, 1993, and BE IT FURTHER RESOLVED, that the salary for said Inventory Clerk position for said period of one year shall be $20,000.00, plus benefits, to be paid from the appropriate account. Duly adopted this 2nd day of August, 1993, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Supervisor Brandt-Arlene if the lady who did not pass her Civil Service Exam, there is, she moved here from another community to take this job, we have an opening for a temporary job for about one year as an inventory clerk and it is at a lower pay scale, she is willing to take that and this is a motion to put her in that position. (vote taken) ATTORNEY MATTERS 1. Attorney Dusek-The first matter that I have just a clean up item, the Board on July 26th 1993 passed a resolution, prepared by my office apparently included the wrong tax map number, it was a rezoning change for Charles and Barbara Seelye that was sent on to the Planning Board and in the resolution it referred to a map number of 105-38, then referring to 49 Glenwood Avenue. Jim Martin advises me that, that should have referred to 105-37 to correct the record as it goes to the Planning Board, my recommendation to the Board is to entertain a resolution. RESOLUTION TO AMEND RESOLUTION NO. 417.93 RESOLUTION NO. 435, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that Resolution 417 of 1993 is amended such that the Tax Map Number referred to therein of the property to be considered for rezoning should be 10 5 -1- 3 7 . Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None 2. The next item I have for the Board deals with the collateral agreements that we have been discussing in the previous meetings and ultimately working with the banks to get executed, as the Board mayor may not recall we approved first of all the format of the resolution, or the contract that was sent to the Banks, First National Bank of Glens Falls indicated some concerns about going with the type of schedule that we had going with option B as opposed to going with the option A. I thought I was going to come to you tonight to discuss making a decision as to what to do about that, because they were feeling that they did not really want to go with A. However on Friday, I spoke with John Porter of the Bank who indicated that he would be willing, the Bank would be willing to go with the Option B as we have done with the other banks in essence signed the agreement as is. I spoke with E.J. about it because we had gone through and once again re-evaluated the thing and I asked E.J. well, legally you have the two options which one do you like. First National was making a pitch for the Schedule A saying that, that was a good way to go and E.J. gave me a memo reading as follows: This is to confirm that Option B of the third party collateral agreement with the First National Bank of Glens Falls and M&T Bank is the preferred option for the Town as opposed to Option A. Option B FNB will collateralized the actual daily cash balances on deposit. Option A FNB will collateralize the lower of either the actual cash balance or the estimated maximum monthly cash on deposit per the schedule option A, based on mutual agreement. So, E.J. feels still as he did previously that the Option B is your better choice if the Board is in agreement tlIat it should stay the same, basically you have to do nothing, we can just go ahead and execute the agreements tomorrow with the First National Bank. Councilman Caimano-My only question is, is Porter, did Porter come as a representative of the Bank and he has the authority to do that? Attorney Dusek-Yes. As far as his authority I cannot comment on that. Councilman Caimano- I want it on the record, that is all. Supervisor Brandt-I think that is the choice, the Board discussed it at a meeting you were not at, and we really wanted to stay with Option B so I think we are there. Attorney Dusek -We will just go ahead and process the agreements tomorrow and that will take care of that. 3. The next item is something to do with the transfer stations there was a permit that came across my Desk that I was given a copy of an application actually for a renewal of the permit and technically although I understand this has been signed and sent in it really should have a Town Board resolution authorizing the application. You want to keep your stations open it is just a permit to DEC to continue the permit you already have allowing the stations to be operated so therefore I would recommend to the Board that a resolution be adopted. RESOLUTION RATIFYING ACTIONS FOR APPLYING FOR RENEWAL PERMITS ON TRANSFER STATIONS RESOLUTION NO. 436, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the New York State Department of Environmental Conservation has forwarded applications for solid waste management permit renewal applications for the continued operation of the two transfer stations the one at the landfill and that one at Luzerne Road, and WHEREAS, the applications were completed filled out and executed by the Supervisor and sent to DEC. NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby ratifiers the actions of applying for the renewal permit and hereby authorizes the Town Supervisor to execute any further documents that may be necessary in connection with the permit application. Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None 4. The next item is a letter that came across also a copy, Mike, I did not have a chance to talk to you about this, I guess it slipped my mind, there is a copy of a Wilton Developmental Disability Service Office letter that came in for the designation of the site located at 29-C Sweet Road. Under Law you have forty days in which to take action so as your Attorney since it came to our desk I just want to make sure that you either, do not want to take any action or if this is fine, that is fine but you have to act within forty days if you want to object on one of the grounds that they give you. Councilman Caimano-Taking no action is tadamont to approval? Supervisor Brandt -Yea Councilman Goetz-I talked to Chuck McNulty today, he called me just before the meeting and he said that is one option that we just do not respond and that means we do not have a problem with it. Supervisor Brandt-Does anyone want to make a choice on the Board or just leave it as it is. Councilman Goetz-I would like to leave it as it is. Supervisor Brandt -Ok. All right. Anything else. Executive Director James Martin-I want to update you on the status of the Animal Control Office interviews. The application process ended Friday, we had forty one applicants for the position, I am going to start conducting interviews tomorrow, I hope to have those rapped up by the end of the week. I was wondering what the Board's position was would you like me to narrow it to a list and interview, or interview and select someone? Supervisor Brandt-I would like to have you interview and select someone as far as I am concerned. Councilman Caimano-Me too. Councilman Monahan-I would like to see the list before you finally pick somebody. Executive Director Martin-OK. Councilman Monahan-Does this person realize that its a combined job we are still talking about a combined job and it will probably be civil service. Executive Director Martin-Yes. The job description has been approved by Civil Service Office. So that is in the works. Supervisor Brandt -Sue, you did not give an opinion on that. Councilman Goetz-Interview and select. Executive Director Martin-You would rather have me interview and select. Ok. I will get you a copy Betty of the final six I think we are going to narrow it down to. It is also approaching the completeness determination on the EIS for Hudson Pointe, I wonder if we would be in any position to make that determination next Monday or did you want to give it another week after that? I am working with Dick Morse he will have a report to us hopefully to us hopefully in your packets Friday. Supervisor Brandt-Next Monday we have a, as I understand a matter of Red Lobster coming before us again, is that right, and I think to put both those on the same meeting would not be wise. Executive Director Martin-You want to shoot then for the week after then. Supervisor Brandt -Or you can hold a special meeting. Councilman Monahan-So Hudson Point would be when? Executive Director Martin-The 16th, would that be? Councilman Monahan-Yea. Executive Director Martin-The other thing is I went to the Glens Falls Transportation Council Technical Committee regarding our $6,000 for the surveying work that we voted on last week and they passed a resolution recommending that the State amend the grant to the County that would pay for that. So, that is in the works as well. Councilman Caimano- Thank you. Executive Director Martin-Arlene made her first visit to the conference on the Records Keeping Grant System and there may be money in there to pay for our GIS Mapping System so we are going to pursue that as well. Councilman Caimano- There is a letter here from Silverstein, Loftuss and Ross that was written to you and we have it in our box, I do not know whether you guys have seen it yet. Councilman Goetz-I have not read it. Executive Director Martin-Was that on the CD? Councilman Caimano-It was in regards to the crap 0 la signs that are around town. What is happening? Where are we? Executive Director Martin-We have a meeting of the sign revision committee this Thursday, temporary signs are on the priority list for that committee to get some legislation before this board and get the law changed. Councilman Caimano-Once more isn't there a set back requirement? Executive Director Martin-There is a setback requirement and they are meeting it, the problem is, it is, a temporary signs are, there are a number of loop holes so to speak in the law right now. There is unlimited renewal and there is really no definition or criteria for what constitutes a temporary sign. Councilman Caimano- They are not always meeting it there was a sign put up, there is a tractor trailer up in one of the malls up there in the million dollar half mile and the sign was right on the road. Executive Director Martin-We tried to keep up with those as best we can the other problems with those they usually occur on Saturdays and Sundays. Councilman Goetz-On that subject, Queen Dinner. Executive Director Martin-Yes, we went over there three times today. Councilman Tucker-How come. Councilman Goetz-Because I pulled out of Ames twice and I could not see looking North. Executive Director Martin-It finally was taken down this afternoon. Councilman Caimano-It was? Executive Director Martin-Yes. Councilman Goetz-It was, thank God. Councilman Monahan-Jim, I am not sure that temporary signs you can automatically renew or if that was just a determination made by previous zoning administrator, it may be written fuzzy or it may be being interpreted by a person. Executive Director Martin-I will take another look at it. I would be all for it even a one time renewal in a twelve month period. Supervisor Brandt-Before we go into Open Forum I have matter that is serious in my mind with what we did here tonight. In effect we left our Planning Department one person short. We have to handle a busy schedule with the Planning Board, the busy schedule with the Zoning Board of Appeals, we are doing a rezoning or 149 which is an enormous piece of work load in itself. We have the Hudson Pointe Development, that we have got to handle, we have got Route 254 Quaker Road, Route 9 that intersection, that we are working on daily, with getting more input and we have got to handle that. We have got a sign ordinance we are revamping we got a fence ordinance we are revamping and I am sure I am not remembering a lot of other things and I do not think it is fair to leave that Department staffed the way it is with the work load we are giving it. I think if we are going to staff it this way then we better get realistic and cut the work load back. I think we better start addressing what it is you do not want to do and be straight with the department. It was the Board that came to this decision not me so you guys poll yourselves and decided what it is we are doing, I do not think this is professional. Councilman Goetz-It seems to me I am the critical vote here and I do believe in the second planner. I have never been involved in anything like this, if I were to change my vote. Supervisor Brandt-I do not think you can unless you make the resolution over again. We can bring it back up anytime we want to . Councilman Caimano-Bring it back up. Councilman Goetz-Bring it back up? Just offer the resolution to consider. Councilman Caimano-Reconsider it. Councilman Goetz-Reconsider the appointment of the second planner. Councilman Caimano-I do not see anything wrong with that, do you Paul? Attorney Dusek-No, that is what you would do, you would move to reconsider then when the reconsider vote is taken then the resolution comes back to the floor and you can revote on it. Councilman Caimano- I would suggest you do that. Councilman Goetz-Obviously, I had expected to abstain all along because I was not present at the interview but I do strongly believe in the second assistant planner. Supervisor Brandt-That motion has been made to reconsider, is there a second? Councilman Tucker-I will second it. Supervisor Brandt -Ok, it is open. Town Clerk Darleen Dougher-You have got to take a vote. Supervisor Brandt-To discuss, I want to clear it for discussion. Attorney Dusek-There is two steps, one is are you going to reconsider it and then the second one Supervisor Brandt-This is a vote to reconsider. Attorney Dusek-Right. Supervisor Brandt-Would you vote on that. RESOLUTION TO RECONSIDER APPOINTMENT RESOLUTION NO. 437, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker A resolution to reconsider the appointment of the second planner. Duly adopted this 2nd day of August, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mrs. Caimano, Mr. Brandt NOES: None ABSENT:None Supervisor Brandt-Now we are back to reconsidering the appointment of Cipperly. Councilman Goetz-Susan Cipperly. Supervisor Brandt-There we had in interview where three of us attended there was conflicts of schedules and Betty and I and Pliney all interviewed the five or six people involved and the three of us in that process came to the conclusion that this lady was the best candidate we had. So, from there, why don't you put on the table why it, is you do not want her, the people who don't want it say it. Lets get it out and find out, there is something wrong. Councilman Caimano-I did before my vote. My comment before my vote and my comment before my vote and my comment before we even talked about this when we talked about it before is the fact that I agree with you that we have work in there that is heavy I do not agree that we need to pay for another assistant planner I think it can be taken care of through a clerical matter or through a clerical person that is my comment. Supervisor Brandt-Jim is that a possibility? Executive Director Martin-I feel that if you are going to just ask a Planning Department to react to the month to month agendas of the Planning Board and the Zoning Board of Appeals that is substantially true. A lot of that work can be done in a clerical fashion or a lot of it is repetitive and there is some analysis that has to be done by a Planner especially in the Planning Board and when you get right down into the analysis for the Zoning Board decisions you do need some analysis and it does require some training and background in that. But, if you are going to look for a Planning Dept. to do the kind of work like we did on Route 149 and do the Planning Studies and up date the Master Plan which we still haven't gotten off the ground yet, that type of work is deserving of some full time attention, if you are not going to farm it out to a consultant or hire out. The last time the Master Plan was updated in the Town a lot of work was done by a consultant. They had a committee of citizenry that met at night but the consultant did the hands on work the day to day work pulling together the data and all that. If you are going to ask for that type of work to done that level of work to be done you really need a fully staffed Planning Department to accomplish that. I am a Planner and I enjoy that work but I am also the administer and head of that department, there is building and codes, fire marshal, the animal control right now is taking up a lot of time and I do not get the time, I like to devote to the planning end of it. Councilman Caimano- I guess my comment, excuse me Mike, I guess my comment would be that this is a management challenge, I think Scott Harlicker has shown himself to be an excellent employee. He has been loyal to us, he is knowledgeable he is hardworking and it seems to me that you with your background and Scott with his background maybe if you sat back and I not criticizing I am offering a scenario, and managed the place differently that a different type of person, not necessarily just a clerk typist but someone who is studying, someone who doesn't cost us 23-25 thousand dollars a year could come in and do much of the work that needs to be done and you could still do the things that you need to do. I do not disagree that you need to do those things, my disagreement comes from the how the place is managed, I am not criticizing I am asking for a review of that management, because I think we spend a lot of money and that is my comment. Supervisor Brandt-When we went to a reorganization of that department last year one of the things that we discussed was that secretarial help is getting paid virtually at the rate of $19,000 a year if I remember right, essentially there. You could hire people here with a Master Degree for $23,500 you are asking these people to make management decisions and to give real management input, you cannot ask that of clerical help, you have not right to expect it. I think that clearly you need people with expertise in this field to help us through these problems we have got a whole master plan for the Town that has got to be revisited you have an enormous amount of work in front of us. I just think clearly we should have somebody of the kind of qualifications that this person offers to help in that, in all that work. That is my thoughts on it. Any other discussion? Councilman Tucker-Didn't we have to promote two clerical people done there because of the job that they were doing they were beyond their qualifications or what they were allowed to do? Executive Director Martin-You had two senior typist that moved up to office specialist because it was thought that a lot, not a lot but there was some things that were being done by them that were really out of their job description and were beyond that and they had developed into a more all inclusive position. Councilman Tucker-We increased their salary, did we not from, to? Executive Director Martin-The base I believe in the past year was 21,000. Supervisor Brandt -So the spread isn't all that big and the other thought was that as you get your work done if we revisit a lot of these ordinances and get them straightened away and our Town Plan we may not want to continue keeping two assistants forever, that is something that can be looked at from time to time as the work load is seen. It may make a lot of sense to drop down to the department size drop down by one person there in the future. That is down the road decision. Enough of the discussion, from my view point anyone else have anything else they want to add? Councilman Goetz-I think it is important that we make it known that the current second assistant whatever did not fail the test, she just did not score as high as some of the other people. I want to be fair to her, I think that is an important point to make. Supervisor Brandt-It has been civil service law that you have to be the top three and she was not in the top three and that is, we did not pass that law we did not make the law but we have to live by it and it is a hardship and it is too bad but that is the law. Councilman Goetz-But I think it is important to note that you know, there was not that big a spread in the scores and no she wasn't in the top three but it wasn't like she failed the test either. Supervisor Brandt - I talked to Rich Kelly who is head of Civil Service on the County Level and he told me there was a State Law being considered to allow anyone in the top ten to take the job rather than the top three, however that did not pass and that is not state law yet and I think it may merit some attention by the State, but meanwhile we live with what we got. Councilman Goetz-But, Nick is making a face, did I speak improperly. Councilman Caimano-No, no, I think you are absolutely right, in what you say, my concern is how deeply we want to get into talking about personnel in open session. Councilman Monahan-No, I think Sue is just trying to clear the record for some comments that were made. Councilman Caimano-She is absolutely right. Councilman Goetz-I thought some comments had been made and do not want that to happen to anybody. Councilman Caimano-I am glad you said that too. RESOLUTION APPOINTING ASSISTANT PLANNER RESOLUTION NO.: 438, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the position of Assistant Planner has previously been created in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the Civil Service Law, hereby appoints Ms. Susan H. Cipperly as Assistant Planner at an annual salary of $23,500.00 prorated to be paid from Account #1-8020-1610, said appointment to commence on Monday, August 16, 1993, and said appointment to be provisional in accordance with the Civil Service Laws and carry a probationary period in accordance with the letter to be sent to the appointee by the Town Supervisor. Duly adopted this 2nd day of August, 1993, by the following vote: AYES : Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES : Mrs. Monahan, Mr. Caimano ABSENT: None Discussion held during vote: Mrs. Monahan-No. My same comments, For the record the vote is not against the applicant for the position but I too have extreme doubts that we need a third planner at this time. Mrs. Goetz-Yes. Mr. Caimano-No. Mr. Tucker-Yes. Mr. Brandt-Yes. Supervisor Brandt-Back up to staff. Any other business to come before us? I will open it to the public in open forum. Anybody who would like to speak to us on any matter. OPEN FORUM Mr. John Schreiner-My name is John Schreiner, I just want to know if we have any connection with the County on the Executive Director Martin-No, I have not spoken to them yet on the Route 9L. Mr. John Schreiner-and DunlIams Bay Road. I just wonder if they were going to become involved that is all, you have to ask. Executive Director Martin-Yes. Mr. John Salvadore-On the same subject we are coming into the busiest month in the summer and if any kind of a traffic study or a basis for a recommendation is going to be undertaken up there this is the month to do it. Executive Director Martin-That is a good point. Mr. John Salvadore-I read in the newspaper where on August 10th 2the IDA is going to conduct a public hearing on whether or not what the public opinion is on the settlement agreement, proposed settlement agreement. Supervisor Brandt-There is a public hearing slated here on August 10th and it is to get public input on the proposed settlement. Mr. John Salvadore-Will the Town take a position on this, and be heard at this public hearing? Supervisor Brandt-I do not know, that is up to this Town Board. Councilman Goetz-We have not discussed it up to this point. Mr. John Salvadore-I am surprised number one to hear that the IDA is going to conduct this aren't you fellows up at the County in a law suit with the IDA over this issue? Supervisor Brandt-There is a person that is going to chair the meeting first it is with the League of Women Voters and George Allen, he is coming over and he is going open up the meeting I think primarily this meeting is going to be a discussion by legal staff telling you all the details of whatever legal questions you have I do not think the IDA is going to be the one that sits here and gives you all the answers. I think we basically, you are going to have an Attorney who has been representing us at the County come and speak to you so he can answer all of the technical questions involved, I believe. Mr. John Salvadore-I would not expect an Attorney to answer the technical questions. We have been reading in the newspaper what the settlement agreement is all about. Supervisor Brandt-There is a lot of questions that can come up, there is alot of law involve in the various contracts and I know that I certainly wouldn't attempt to try and run that meeting. I did not negotiate the whole thing, but I would like to know what the public thinks about it. Mr. John Salvadore-But you did suggest that we have the meeting. Supervisor Brandt-What was that? Mr. John Salvadore-It was your suggestion at the County Board Meeting that we have such input. Supervisor Brandt-I think when you got basically a County of fifty thousand people there could be some people out there with some ideas that we have not thought about and this is a chance to come and bring those, they may have to be formed in a question form but that is not very difficult. Mr. John Salvadore-The issue is whether or not to except this proposed agreement, isn't it? Supervisor Brandt-Yea, but this Town Board is not here to discuss that unless you want them to take a position, no. Councilman Caimano-No, I think we tend to discuss County Meeting things here. Supervisor Brandt-If you want this Board to take a position tell them what you want and see if they want to do it. Mr. John Salvadore-No, I am not going to tell you, you have to take a position on behalf of the Town. Supervisor Brandt-I will on the day we vote, I will guarantee you but meanwhile I would like to hear what the public can tell me, so that I can vote intelligently. Mr. John Salvadore-Well, maybe we should have a Queensbury session, public. Supervisor Brandt-Well, lets start with this and see what it goes, it is my understanding that there is going to be four of these meetings. One here, one in Washington County then later another one in Warren County and another one in Washington County, so as people hear the details of whatever they hear in the first meeting, they can form new questions and ask them at later meetings. I think the idea here, the County, the two counties are really trying to get the public's input. It is not designed to be beat up session on everything that went wrong we know a lot of things went wrong whatever it is we are where we are and we have certain choices to make and the idea of the hearings is to take the position of where we are today and what are our choices and what can we do and that is what we are asking people. If they have any ideas I think it is time to look at the whole thing very clearly before we move. Once we, if we say we agree to the settlement then formally we have agreed to it, it is ours we are going to live by that new agreement. We have really closed some other options, why did we build a plant that is so large, I was not here during it, well I was here but I wasn't involved in the process. Didn't DEC have some input into that certainly we had an engineering firm that had some input into it and told us that we needed this enormous plant. We don't we didn't. What can we do about that, but that is a County matter. Mr. John Salvadore-I keep searching for, what is the purpose of the public hearing? What....what do they want to hear? Supervisor Brandt-To hear people if they have got an idea of what we should be doing, tell us. Mr. John Salvadore-But does the Town have an idea what the County should be doing with regard. Supervisor Brandt-Each individually have an idea for the Town to have an idea are you talking the government if you are talking the Town Government then it has to be a consensus of this Board and that is up to them. Mr. John Salvadore-I think it is important. Councilman Monahan-My answer to that John is that frankly I am going to be like everybody else at that August 10th meeting I hope I am going to be listening to what the Town, the people in the Town of Queensbury are saying about this. Then if the time comes that we should take a stand fine, but first we should listen to the people and see what they have to say. Mr. John Salvadore-What I think we are leading up to is and if! am not mistaken a change in an agreement like this probably calls for a SEQRA Review. Councilman Caimano-I think we are way, way ahead of ourselves here. Supervisor Brandt-But that is the County matter. Mr. John Salvadore-But that is how public input gets in. Councilman Monahan-Just to digress a bit, Paul Ertelt we are always beating up on the Post Star but I did like the fact that they ran that article today on the difference between the contract and the proposed contract for the trash plant. Supervisor Brandt-Anybody else that would like to speak to us? We got bids on engineer on the Water Treatment Plant and I asked the staff to look at those various bids and make a recommendation to us we got a letter this after noon which I read it is a very long letter and Ralph VanDusen is here if there is no other input from the public I just as well have Ralph come and address us and talk to us about it. Deputy Water Supt. Ralph VanDusen-Each of you have a copy of that. At this point you have a copy of Tom's recommendation, I do not have a copy of that with me here but there is a list of questions and concerns about the proposal. The proposal in general, we received six of them. Six excellent firms all of them very capable of designing a Water Treatment Plant for us. The proposal of O'Brien and Gere was the lowest price of the six it also happened to be in more detail then all the rest it was very specific as to what they would provide and probably because it was so specific it generated a lot of questions on our part to make sure that we were clear from the beginning as to exactly what we were going to be receiving for .. . engmeenng servIces. Supervisor Brandt-Each one of these questions could be applicable then really virtually to everybody that submitted a proposal. Deputy Water Supt. VanDusen-They could be in the case of O'Brien and Gere because they were specific on several issue we could ask a specific question. Some of the other firms that were not quite as familiar with the project were a little more general as far as what they were going to do and therefore we could not ask specific questions about that. Councilman Goetz-Would that be a guideline though when we come to ask specific questions of these firms? Deputy Water Supt. VanDusen-Sure, you could use, you could certainly use it as a target or a guide line whether it is our questions or the proposals from O'Brien and Gere. Councilman Caimano-What strikes me though is that, as you say, a very lengthy letter its quite inclusive we just received it, it seems to me that we ought to have about a day to read this thing I suggest that we have a special meeting of nothing but this with the Water Dept. and this Town Board, because I haven't looked at this or otherwise read it. Councilman Monahan-Nick, I guess I am going to jump even further, if you look at Tom's last paragraph and having been through this several times, this is normally what we have done before. Councilman Caimano- I see that, I saw that but I want to have this Board discuss these, because Mike brings up an interesting question, the question is and the same thing that occurred to me are these questions applicable to all of them, if they are then they all ought to come in. For example the high lift pumps, were the high lift pumps discussed in detail by the bidder that came up with a million four and did he add things in that somebody else didn't and that is why he is a million four? Those are the questions I had. Councilman Monahan-I would say those last two are so far out of the ball park that you know, that probably the first four are the ones you want to, usually when somebody is that far out of the ball park Councilman Caimano-Fine, but in the seven ninety nine one, did he do things that O'Brien and Gere didn't do? Councilman Monahan-No, I think those first four should come in. Supervisor Brandt-I would like to set up a special meeting where I would suggest that we start with O'Brien and Gere because we know them well, we have discussed the plant before with them we go through it and ask all these questions that you guys are suggesting with them and then we set up a meeting soon thereafter with the other three and I am not particularly interested in talking to the two that bid over a million dollars. Councilman Tucker-You might be by the time you go over... Supervisor Brandt-We can extend it. Councilman Caimano-But that will be come evident by asking the questions of O'Brien and Gere. All of a sudden if O'Brien and Gere is up to a million nine we know that we are in the right direction asking the right questions. Supervisor Brandt-I think that is the key is start in with them, lets try and schedule a special meeting for that as soon as we can put it together with them. Councilman Goetz-I have a question about the process. Do you and Tom come to the meeting when we interview the people, to help us? Deputy Water Supt. VanDusen-Usually that would happen, yes. Councilman Goetz-I look to you as the experts, I would think that you would want to. Deputy Water Supt. VanDusen-In the past that's the way its been, yes. Certainly, I will speak for Ralph, I would be disappointed if I couldn't be there. Supervisor Brandt-Is this something that we can do during the day, is it something that needs to be done at night, or on a weekend, what would you like, what's your. Councilman Caimano-I do not care, the sooner the better, except I am in and out this week so it is going to be tough. Councilman Monahan-I do like days because I feel that you are more alert than you are in the evening do get into a technical a question as this but that is up to, that is a personal preference. Councilman Ciamano-How about a meeting, next Monday night is a strong meeting, is a hard meeting? I was going to suggest to come early. Supervisor Brandt-I can see this taking several hours. Councilman Caimano- Two or three hours. How about tuesday. Councilman Monahan-I can't do tuesday night it is the only night next week I have scheduled. Councilman Caimano-No you said you would like to do it during the day. Councilman Monahan-I would like to do it during the day but I do not know if everybody else can. Supervisor Brandt-Pliney, it doesn't work for you. Councilman Goetz-I cannot do it tuesday I have to work and the trash plant meeting is that night. Councilman Caimano-How about Wednesday the 11th, about 4:30-5:00 O'clock. Councilman Tucker-Yes, I can do that. Supervisor Brandt-4:30 Wednesday the 11th. Would you (Ralph VanDusen) contact O'Brien and Gere in the morning and see if they can have people here, tell them we want to talk the whole thing. Deputy Water Supt. VanDusen-You will find a lot of the questions pretty technical and really in one aspect would be more relevant when it came time to discuss map, plan and report of what is going in my only concern and the reason I suggest to the Town that some of them be there is to make sure that it was not going to have an affect on the fee for engineering if we wanted some of things addressed, in otherwords this one on the high lift pump whether is it seven or seven and a half shouldn't make any difference at all but I just want to make sure from an engineering stand point that they were not going to come back and ... Supervisor Brandt-I think you guys did a good job and itemizing all your concerns and I think we would like to sit down with you now and go through the whole thing and if we have other ideas or any other questions we will bring them forth. Councilman Monahan-Well, I think like that chemical mixing ...might make a difference on the engineering fees too that you brought up. Deputy Water Supt. VanDusen-Another big one is the instrumentation. Councilman Caimano-Instrumentation, because you guys had talked about the fact that the instrumentation, everybody talked about the instrumentation was a squirrel running around in a cage. Deputy Water Supt.VanDusen-1 will check with them tomorrow morning and let you know as soon as I find out. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 439, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz: RESOLVED, that the Town Board hereby moves in an Executive Session to discuss Attorney Client privilege. Duly adopted this 2nd. day of August, 1993 by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None No action taken. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury