Loading...
1993-08-23 REGULAR TOWN BOARD MEETING AUGUST 23, 1993 7:03 P.M. MTG # 62 RES 465-480 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN BOARD MEMBER ABSENT BETTY MONAHAN-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, DA VE HA TIN PRESS: GF POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Supervisor Brandt called meeting to order ... first item on our agenda is a public hearing on the local law to amend the code regarding fences. That's been properly advertised? Deputy Town Clerk Mitchell-Yes. Supervisor Brandt opened public hearing. PUBLIC HEARING - PROPOSED LOCAL LAW TO AMEND THE CODE/FENCES 7:03 P.M. SUPERVISOR BRANDT-Is there anyone here to speak on this? Does someone want to lead us through and give a brief description? Paul or Jim, do either one of you guys give a brief description of this law? EXECUTIVE DIRECTOR, JIM MARTIN-Okay, what this basically does is, it sets a definition offront yard and architectural front yard for lots on street corners and it permits different size fences depending on the lot then. Four foot high fence in the architectural front yard which is essentially the yard where the front door of the house faces out. The front yard then would be that other yard facing on the second street and then you have, in that case, two rear yards and no side yards. So, in the rear yards you would be allowed to fence up to six feet high as is the case now and then in the front yard, you would be allowed up to five feet and in the architectural front yard four feet. SUPERVISOR BRANDT-Okay, I'm going to declare the public hearing open, is there anyone who wishes to speak to us about this proposed change in law? If there's no one who wishes to speak on this, I'll close the public hearing. PUBLIC HEARING CLOSED Supervisor Brandt-To move that one along, do we need to go through SEQRA? Executive Director, Mr. Martin-Yes. Supervisor Brandt-But I mean line by line on this? Attorney Dusek-We maybe able to save the Board some time, this one flew through so quickly, we haven't yet been able to get to Warren County for the Warren County Planning Board approval that you typically need. So, my recommendation would be to put this off until you get that approval. In the meantime, your Planning Department could submit a report on the SEQRA so that you could move through that much quicker the next time around. Supervisor Brandt -So, we've had the public hearing, all we have to do is SEQRA on that at a later date, maybe next week or whenever we get a report from the County. Executive Director, Mr. Martin-The County will be early in September. HEARING - UNSAFE STRUCTURE/KENNETH ERMIGER Dave Hatin, Director of Building and Codes-If you remember this is the Kenneth Ermiger property on Route 9 next to the Zoological Park. I showed you pictures last time, I don't know if you want to re-see the pictures. I was there today, they have started the cleanup of the demolished building, they are not complete. I don't know if the Board wants to set a time frame as to when, I don't know if Mr. Ermiger or a representative is here tonight. Supervisor Brandt-Is there anyone here to represent Mr. Ermiger? Okay, go ahead. Mr. Hatin-So, I don't know if the Board wants to set a date, there were guys working on it today, they did work on it last Thursday and Friday, they still have aways to go. So, I don't know if you want to set a completion date and then if it's not done, authorize me to take it or hopefully it will proceed and we won't have to take any action. Councilman Goetz-What would you recommend, the date? Mr. Hatin-I'd say two weeks, at the most, that will give them more than enough time, I think. Supervisor Brandt-Procedurally, how is that done? Attorney Dusek-The resolution you adopted the last time actually set up a starting and ending date within which was consistent with the laws. So, I think if the Board would just adopt a resolution tonight just staying consistent with what your previous resolution was. Acknowledging the fact that the person was not here, that they were afforded a right to a hearing and that you will expect the terms and provisions of the previous resolution and notice to be adhered to. I don't think you need to do anything further unless Dave feels there's an emergency condition existing at this point. Mr. Hatin-No, hopefully that will be resolved over the next week or two. They have cleaned probably about two-thirds of it up. Attorney Dusek-Mr. Hatin could report back to the Board in two weeks to advise as to the, you know, whether there's any emergencies or anything but short of that I think you can rest on your previous resolution. Supervisor Brandt -So, we really don't have to do anything at all. Attorney Dusek -Correct. Supervisor Brandt-And give you a sense of the Board and certainly, I think two weeks is reasonable and I believe that's what I'm hearing here from the rest of the Board. DISCUSSION - UNSAFE STRUCTURE/RICHARD BAPP Mr. Hatin- The next one is the Richard Bapp property on Ogden Road and is very similar to the Ermiger where we had demolition of a house and actually the fire department bumed this house for Mr. Bapp and unfortunately that's where it sat after they burned it for about the last three months and I've written Mr. Bapp several letters. He started to and then stopped, I was by today and there was dirt piled next to the hole but it's not in the hole and the metals that I asked him to remove before they finish burying the hole are still there. I sent a certified letter to him three weeks ago and it was retumed to me a week and a half ago unsigned. So, and in that letter I had put that if I hadn't heard back from him, that I would be taking it to the Board meeting tonight. So, I'll pass around the pictures if you would like to see them. Supervisor Brandt-Unsigned which means he did not receive it? Mr. Hatin-He did not sign for it. It was presented to him, he did not sign for it. Supervisor Brandt-Okay. Mr. Hatin-Refused service, I guess ... Supervisor Brandt-I'd like to see pictures of it, I have no idea what we're talking about. Councilman Caimano-How does that work legally, Paul? If you send a certified letter and the person, the addressee refuses to sign, where are we, hung? Attorney Dusek-Let me check the code here and I'll tell you. Mr. Hatin-I tried to make personal contact several times too, to no avail. Supervisor Brandt-How do you want to proceed on this? Mr. Hatin-Pretty much the same way we did with Ermiger, I'd like official notice to Mr. Bapp. I can have it probably delivered by the same person that does our court summons, so we know he gets it this time, just setting a hearing should he not resolve the situation over the next two weeks, I think, which is what you usually do. Attorney Dusek-I guess to answer your question, I just realized, the proceeding hasn't even been started yet. Mr. Hatin-Right ... Attorney Dusek-So, the issue is, the letter itself, that's not neither here nor there as far as this proceeding is concerned. My recommendation to Dave on this though would be if at all possible, try to personally serve him. Mr. Hatin-We can attempt that with this notice. Supervisor Brandt-Okay. Attorney Dusek-Okay, I just want to ask you a few questions here, so we have it in the record. Is the open cellar in your opinion, hazard and nuisance to the neighborhood? Mr. Hatin-Yes. Attorney Dusek-Is it unsafe to the general public? Mr. Hatin-Definitely. Attorney Dusek-How is that? Mr. Hatin-Right now it's open, there's nothing to prevent anybody from falling in the hole should wonder onto the property and the property is not posted. Attorney Dusek-I'm sorry, you said the property is not? Mr. Hatin-Not posted. Attorney Dusek-Is the property fenced in? Mr. Hatin-No. Attorney Dusek prepared the following resolution: RESOLUTION OF THE TOWN BOARD DETERMINING THAT THE PROPERTY OWNED BY MR. BAPP IS UNSAFE - TAX MAP NUMBER 147-1-63 RESOLUTION NO. 465, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Mr. David Hatin of the Building and Codes Department of the Town of Queensbury has advised that he has investigated and inspected certain property identified as located on Ogden Road, Town of Queensbury and bearing Tax Map Number 147-1-63 and has made findings as more specifically set forth in a letter dated July 28th 1993 to Mr. Bapp a copy of which is presented to this meeting, and WHEREAS, Mr. Hatin advises the Town Board of the Town of Queensbury in his opinion that the open cellar hole on the property presents a hazard and a nuisance to the neighborhood and is unsafe to the general public and has asked the Town Board of the Town of Queensbury to take action to have the property secured if the owner fails to fill in the hole and clean up the miscellaneous debris, and WHEREAS, pursuant to Chapter 60 of Code the Town of Queensbury the Town Board may be resolution determine whether in its opinion the structure is unsafe and dangerous and thereafter order its repair and or demolition and removal and further order that notice be served upon the owner or other certain persons interested in said property, NOW, THEREFORE BE IT RESOLVED, that upon reviewing all of the evidence presented at this time the Town Board of the Town of Queensbury is of the opinion that the property and structures thereon bearing Tax Map Number 147-1-63 appears to be: 1. Presently unsafe and dangerous 2. Potentially an object of attraction and danger to minors 3. Unfit for the purposes for which it may be lawfully used and be it further RESOLVED, that the Director of Building and Codes be and hereby is authorized to serve notice upon the owners of said property said notice being in substantially the form presented at this meeting and generally providing: 1. A description of the premises. 2. A statement of the particulars in which said structure thereon which said cellar hole and debris thereon appears to be unsafe and dangerous as set forth in Mr. Hatin's letter to Mr. Bapp. 3. The Town Board feels based upon the current information that the metal should be taken out of the cellar hole and the hole filled within (30) thirty days of receipt of this notice unless good cause is shown by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury. 4. Unless an emergency condition is demonstrated the Code provides that the removal of the metal in the cellar hole and filling of the hole must be commenced within (30) thirty days of receipt of this notice and be completed within (60) sixty days thereafter unless good cause is shown by the property owner whereupon the time shall be extended by the Town Board of the Town of Queensbury. 5. That a hearing before the Town Board of the Town of Queensbury in relation of the dangerous or unsafe condition of the property shall be held on September 13th 1993 at 7:00 P.M. in the Queensbury Activity Center or not less than (5) five days from the date of service of this notice whichever date is later. 6. That at the hearing the Town Board will also consider whether there is a clear an eminent danger for the life safety or health of any person or property unless the cellar hole is immediately filled as set forth herein and whether to authorize the Director of Building and Codes to immediately repair or close the premises and thereafter assess any charges to the real property as per Section 68-11 of the Code of the Town of Queensbury. 7. In the event that there is neglect or refusal to comply with this order of the Town Board to remove the metal from the cellar hole and fill the hole located on said property the Town Board is authorized to take action to have the property secured and assess all expenses thereof against the real property on which it is located institute special proceedings to collect the cost of said action including legal expenses. and be it further RESOLVED, that service and filing of this notice provided for herein shall be in accordance with the provisions of Chapter 60 of the Code of the Town of Queensbury. Duly adopted this 23rd day of August, 1993 by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mrs. Monahan RESOLUTIONS RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR MS. FERN HALL RESOLUTION NO.: 466,93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home parks pursuant to § 113 -12 of the Code of the Town of Queensbury, and WHEREAS, Ms. Fern Hall has filed an application for a permit, in accordance with said §113-12 of the Code of the Town of Queensbury, to replace her old mobile home with a new mobile home at property situated at Bennett Road, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury determines it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on September 7th, 1993 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Ms. Fern Hall for a permit to substitute a new mobile home for an existing mobil home on property situated at Bennett Road, Queensbury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mrs. Monahan RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO SIGN ORDINANCE (CHAPTER 140 OF THE CODE OF THE TOWN OF QUEENSBURY) RESOLUTION NO. 467, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has been prepared and published a codification of laws, ordinances, and regulations of the Town of Queensbury, and WHEREAS, the Sign Ordinance of the Town of Queensbury is included in such codification as Chapter 140, and WHEREAS, it appears appropriate to amend, supplement, change, and/or modify said Ordinance, and WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a proposed amendment to the Sign Ordinance, and WHEREAS, prior to any amendment, supplement, change, or modification to the said Town of Queensbury Sign Ordinance, it is necessary to complete a SEQRA review and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 27th day of September, 1993, to consider the said proposed amendment to the Town of Queensbury Sign Ordinance, and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed amended Sign Ordinance in the manner provided by law, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines the action about to be undertaken to be a Type II action pursuant to the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to the State Environmental Quality Review Act since it involves continuing agency administration matters. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mr. Tucker, Mr. Caimano, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mrs. Monahan DISCUSSION BEFORE VOTE: Councilman Goetz-There was some language that was left in the original proposal that has to be taken out. Executive Director, Mr. Martin-The third line down in AI, and not free standing, that wasn't supposed to be left in there. Councilman Caimano- That's out? Executive Director, Mr. Martin-Yes, free standing is out. Provided that such signs are not attached to fences and so on. Supervisor Brandt-So, you modify that and that's agreeable with everyone on the Board? Town Board agreed, vote was taken. Councilman Tucker-While is this is fresh in your mind guys, temporary signs are they supposed to be out of the right-of-way? Executive Director, Mr. Martin-Definitely. Councilman Tucker-You better tell these people getting permits for their election signs, that applies to them too. RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 468, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S 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: QUEENSBURY CENTER & TOWN CLERK: FROM: TO: AMOUNT: 001-1620-4650-0027 001-1620-1860-27 $ 500.00 (Furnace Repairs) (Sr. Center Coord.) 001-1410-4080 001-1460-1061 $ 500.00 (Tn. Clerk Adver.) (Records Clerk) and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mrs. Monahan RESOLUTION TO AMEND 1993 BUDGET RESOLUTION NO.: 469, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S 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: ASSESSMENT: FROM: TO: AMOUNT: 001-1990-4400 001-1355-1002 $ 300.00 (Contingency Account) (Misc. Payroll Acct.) BUILDING & GROUNDS: FROM: TO: AMOUNT: 001-1620-4020-22 001-1620-4020 $ 6,000.00 (Cleaning Supplies, (Cleaning Supplies, Town Office Building) (Misc. Buildings) and BE IT FURTHER, RESOLVED, that the 1993 Town Budget is hereby amended accordingly. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WARREN WASHINGTON REGIONAL ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 470,93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury is desirous of entering into a written contract with The Warren Washington Regional Economic Development Corporation, and WHEREAS, a copy of the aforesaid contract has been reviewed and approved, in form, by the Town Attorney of the Town of Queensbury, and is hereby presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the contract between The Warren Washington Regional Economic Development Corporation and the Town of Queensbury, presented at this meeting, and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the same, and BE IT FURTHER, RESOLVED, that payment due on said contract shall be paid from the appropriate, budgeted account. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: Mrs. Monahan RESOLUTION TO ACCEPT BID FOR PURCHASE OF ONE (1) MOWER UNIT TO BE ATTACHED TO ONE (1) TOWN-FURNISHED TRACTOR TO BE USED BY THE TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 471, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of one mower unit to be attached to one town-furnished tractor as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has made a recommendation in connection with the bid, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the mower unit to Artco Equipment Sales, Inc., and BE IT FURTHER, RESOLVED, that said item is to be paid for from the appropriate Highway Department Account. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mrs. Monahan RESOLUTION CALLING AND SETTING PUBLIC HEARING CONCERNING PROPOSED PASCO A VENUE EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 472, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Queensbury Consolidated Water District, to be known as the Pasco Avenue Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Queensbury Consolidated Water District, such extension to service an area to the north of the City of Glens Falls and in the vicinity of Sherman Avenue and Pasco Avenue and generally to the west of the Smoke Ridge Road area and east of the Land 0' Pines Water District, such area consisting of several parcels or lots 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 Haanen Engineering, Thomas W. Nace, an Engineer licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Consolidated Water District and a general plan of the proposed facilities showing a new 12" water main along Sherman A venue and a new 6" main along Pasco A venue, together with necessary hydrants, valves, tees and a sleeve and restoration work, and WHEREAS, The Town Board of the Town of Queensbury desires to establish the said proposed water extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Consolidated Water District pursuant to Town Law, Section 206A, and WHEREAS, an Environmental Assessment Form has bee prepared and presented at this meeting, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall consider establishing the proposed extension to the Queensbury Consolidated Water District, the same being briefly previously described in this Resolution and more fully in the Map, Plan and Report presented at this meeting, said water extension to be known as Pasco Avenue Extension; 2. The boundaries of the proposed extension are as follows: Beginning at the northeasterly corner of Great Lot 69, said point also being the northeasterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, Warren County, New York. THENCE from said point of beginning, southerly along the easterly boundary of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, to the northerly side of Sherman Avenue; THENCE crossing Sherman Avenue to the northeasterly corner of Lot 5.1, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE continuing in a southerly direction along the easterly boundary of said Lot 5.1, Block 4, Section 121 to the southeasterly corner of the said Lot 5.1, Block 4, Section 121; THENCE in a westerly direction along the southerly boundary of said Lot 5.1, Block 4, Section 121 to the southwesterly corner of said Lot 5.1, Block 4, Section 121; THENCE crossing Niagara Mohawk Utility property (Lot 4, Block 2, Section 90 of the Tax Maps of the Town of Queensbury) to the southeasterly corner of Lot 8, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a westerly direction along the southerly boundary of said Lot 8, Block 3, Section 121 to the southwesterly corner of said Lot 8, Block 3, Section 121; THENCE continuing in a northerly direction along the westerly boundaries of Lots 8 and 4, Block 3, Section 121 to the northwesterly corner of said Lot 4, Block 3, Section 121 also being the southern boundary of Sherman Avenue; THENCE crossing Sherman Avenue to the southwesterly corner of Lot 17, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a northerly direction along the westerly boundaries of Lots 17, 1.1, 1.2 and 2, Block 2, Section 121 to the northwesterly corner of said Lot 2, Block 2, Section 121 of the Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundaries of Lots 2 and 3, Block 2, Section 121 to the northeasterly corner of said Lot 2, Block 2, Section 121, said corner also being the westerly boundary of Pasco Avenue; THENCE crossing Pasco Avenue to the northwesterly corner or Lot 4, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE continuing in an easterly direction along the northerly boundary of said Lot 4, Block 2, Section 121 to the northeast corner of said Lot 4, Block 2, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 4, 18, 6, and 7.2 to the northwesterly corner of Lot 1.1, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundary of said Lot 1.1, Block 3, Section 121 to the northeasterly corner of said Lot 1.1, Block 3, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 1.1 and 1.2, Block 3, Section 121 the intersection of the easterly boundary of said Lot 1.2, Block 3, Section 121 of Tax Maps of the Town of Queensbury with the northerly boundary of Great Lot 69; THENCE easterly along the northerly boundary of Great Lot 69 crossing Niagara Mohawk utility property to the northwesterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE easterly along the northerly boundary of said Lot 5.21, Block 4, Section 121 to the point of beginning. 3. The improvements shall consist of the purchase and installation of approximately 3,000 lineal feet of 12" water main, 1,010 6" water main with necessary valving, hydrants, tees, a sleeve, valve boxes and restoration work, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Haanen Engineering, Thomas W. Nace, PE; 4. All proposed construction shall be installed and paid for by the Queensbury Consolidated Water District as extended 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 $125,000.00, said improvement cost to be paid by the Queensbury Consolidated Water District as extended 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 Queensbury Consolidated Water District; 6. There will be no financing of the construction or installation cost for the proposed water extension, the same to be paid for from current funds; 7. In accordance with Town Law, Section 206A, all expenses of the Queensbury Consolidated Water 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 13th day of September, 1993, at 7:00 p.m., to consider the Map, Plan and Report for the said water 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 23rd day of August, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: Mr. Caimano ABSENT: Mrs. Monahan Attorney Dusek reviewed proposed agreement between the Town and Queensbury Retail Limited Partnership with the Town Board, noting the changes and the following resolution was proposed: RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND QUEENSBURY RETAIL LIMITED PARTNERSHIP RESOLUTION NO. 473, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Queensbury Retail Limited Partnership is desirous of having a certain area of Town, outside of any sewer district, served by sanitary sewer facilities, and WHEREAS, the Town of Queensbury is desirous of providing for such sanitary sewer facilities as an extension to the Queensbury Technical Park Sewer District, and WHEREAS, the parties are desirous of entering into an agreement concerning the establishment of an extension to the Queensbury Technical Park Sewer District and construction of related sewer facilities, and WHEREAS, a copy of a proposed Agreement between the Town of Queensbury and Queensbury Retail Limited Partnership has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Agreement and authorizes the Town Supervisor to execute the same on behalf of the Town 0 Queensbury Technical Park Sewer District and take such other and further action and execute such additional documents as may be necessary to implement the terms and provisions of the Agreement. Duly adopted this 23rd day of August, 1993 by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING FURTHER RETENTION SERVICES OF MORSE ENGINEERING P.e. RESOLUTION NO.: 474, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury has been undertaking to arrange for the closure of its Landfill and also has been seeking the approval of the New York State Department of Environmental Conservation (DEC) in connection with various closure plans, and WHEREAS, the Town Board of the Town of Queensbury has been using the services of Morse Engineering, P. e., to assist with the development of a Closure Investigation Report and other closure work, and desires to continue the services of Morse Engineering, P.C., in connection with responses to DEC on any comments on the Closure Plan, development of specifications, bidding assistance, survey services during construction, construction inspection services, and a water improvement area report, and WHEREAS, Morse Engineering, P.e., has presented a proposal for the aforementioned services, such proposal indicating that the additional work will not exceed the sum of $40,980.00, and outlining the previous work authorized in the amount of $42,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement with Morse Engineering, P.C., and hereby further authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that all expenditures incurred as a result of the additional work set forth in the agreement shall not exceed the sum of $40,980.00, for a total amount for all services not to exceed $82,980.00, and shall be paid for from the appropriate Landfill Account. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: Mrs. Monahan ATTORNEY MATTERS 8:00 P.M. Attorney Dusek-On other matters, last week if you recall, there was a resolution authorizing payment of fire service awards, a question rose concerning a payment to a Mr. Lawrence Gregory. I was advised by EJ Christensen, Director of Accounting Services that this was for a retirement. He retired from the fire service so he was paid his benefit accrued. Supervisor Brandt-Okay. Attorney Dusek-The next item I have is on DunlIam's Bay Road. We discussed the obtaining of a survey map that we can have on file of the area that's going to be considered the highway as agreed upon by Leon Steves and Paul Naylor. Leon indicated that will be an additional cost of two hundred and fifty to three hundred dollars to go up there, stake it out or meet with them and identify it then furnish the Board with that service. Before I committed to it, I want to get your approval. Councilman Tucker-Is this the final one? Attorney Dusek-This is the final map. Councilman Tucker-I'll move it. Councilman Goetz-I'll second it, we've gone this far we should finish the subject. Town Board agreed to propose the following resolution: RESOLUTION AUTHORIZING RETENTION OF VANDUSEN AND STEVES TO FURNISH MAP OF DUNHAMS BAY ROAD RESOLUTION NO. 475, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board hereby authorizes the retention of VanDusen and Steves services to furnish a map of the road by use description for DunlIams Bay Road in the Town of Queensbury with the cost of services not to exceed ($300.00) Three Hundred Dollars and to be paid for from the appropriate account. Duly adopted this 23rd. day of August, 1993 by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mrs. Monahan Attorney Dusek-Next item, back some time ago when Hovey Pond was being reconfigured and at the time when it was originally thought there was going to be a dam instead of the way it ultimately tumed out, a temporary easement was obtained from the property owners, Quaker Plaza there, whoever it is that owns that, whereby the water was allowed to run from the pond over their property and into the rest of the stream flow. That was a temporary easement only which has expired and now is necessary for the Town to secure a permanent easement from the owners in order to continue that stream or passage way, if that's your desire which I understand from Harry Hansen, that is the desire. The owners have indicated that they want to be paid for the easement, at least a portion of what it's worth. In order to find out what the easements worth, I think we need to obtain an appraisal. I have contacted a Mr. Caza who did an appraisal for us before I think you might recall, he gave me a quote of three hundred dollars for an appraisal. So, as a first step in the process, my recommendation would be to get an appraisal and Mr. Caza is available to do that work. Supervisor Brandt-What if we just let them block it? Attorney Dusek-Then the pond is going to flood. Supervisor Brandt-No it's not, his building is going to move. Do you want to see how much hydraulic pressure will develop? I don't know. Councilman Goetz-Is Harry recommending that we get the permanent easement? Supervisor Brandt-I don't think Harry much cares, I think it's a legal question. Councilman Caimano- Why don't you tell the owner that Hovey Pond is being restored by a bunch of people who are volunteering and donating and maybe they would like to donate. I don't want to pay anything. Councilman Tucker-How much land is involved? Attorney Dusek-It's whatever the width of the stream is and the length of stream. Councilman Caimano-Peanuts. Supervisor Brandt-I'd like to see him get a permit to change it now. I bet that would be very difficult to obtain. I mean really, I'm very ill at ease at this. I think that a great service was performed, I think there's a beautiful area developed, I think he benefits from it as the rest of the community, he, she, it the owner of that property and I think they should acknowledge that and they might want to just give that. I think in the spirit of what everybody else has done, as Nick has pointed out, it would be reasonable to ask if they would give us that. If they won't, then let us look at it and see what we've got to argue about. Councilman Caimano-I don't think that wall will take much of a hydraulic hit at all. Attorney Dusek-So, you want to try talking to him again before? Supervisor Brandt -Yea, I think so. I have a quick one, the Highway Superintendent for the Town of Lake Luzerne, Tim Rozelle called me. The Town of Lake Luzerne hired a firm to do the striping of some of their roads and it included the Old Luzerne Mountain Road. And what happened, apparently there wasn't a good definition of where the town line was and what happened, the firm went over the mountain into Queensbury and painted the road all the way down to West Mountain Road. I think it's one point six miles extra in the Town of Queensbury and it cost four hundred and seventy-two dollars to do it and they we're wondering if we would go for that bill since we received the benefit. My feeling is that, we need to keep good relationship with the Town, our citizens, alot of people use that road, our citizens included. There's a safety benefit and for the four hundred and seventy-two dollars, I would suggest that we transfer out of contingency and make that payment as a good will gesture. Councilman Caimano- Is it down the middle of the road. Councilman Tucker-Yes, it is and when you're driving the road at night it's quite handy because that's an awful dark road, there's no street lights or anything on it and that two yellow lines going right up the middle of the road really helps. Supervisor Brandt-I'll offer that as a motion. Councilman Tucker-I'll second it. RESOLUTION TO TRANSFER FUNDS REGARDING STRIPING OF LUZERNE ROAD RESOLUTION NO. 476, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker Supervisor Brandt-The Highway Superintendent for the Town of Lake Luzerne, Tim Rozell called me, the Town of Lake Luzerne hired a firm to do the striping of some of their roads and it included the old Luzerne Mountain Road, what happened is apparently there was not a good definition of where the Town line was and what happened the firm went over the Mountain into Queensbury and painted the road all the way down to West Mountain Road, 1.6 miles extra in the Town of Queensbury and it cost ($472.00) Four hundred and seventy two dollars to do it and they were wondering if we would go for that bill since we received the benefit. My feeling is that we need to keep good relationships with the Town our Citizens, a lot of people use that road, our citizens included there is a safety benefit and for the four hundred and seventy two dollars ($472.00) I would suggest that we transfer out of contingency and make that payment as a good will gesture. Councilman Caimano-Is it down the middle of the road? Councilman Tucker-Yes. When you are driving the road at night it is quite handy because that is an awful dark road, there is not street lights or anything on it, you have two yellow lines going right up the middle of the road really helps. Supervisor Brandt-I will offer that as a motion. Councilman Tucker-I will second it. Supervisor Brandt -Out of the proper account. Duly adopted this 23rd. day of August, 1993 by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mrs. Monahan RESOLUTION AUTHORIZING ONE TON PICKUP TO BE AUCTIONED RESOLUTION NO. 477, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano Councilman Tucker-From Mr. Coughlin the Superintendent of the Landfill, we purchased a new One Ton Pickup and he wants to take the used one to the Warren County Auction on Tuesday, October 19, 1993. He would like a resolution authorizing to take it up there to have it auctioned off. Supervisor Brandt-I would move it. Duly adopted this 23rd day of August, 1993 by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mrs. Monahan Supervisor Brandt-I have a two matters here. One of them, a letter I got from O'Brien and Gere which tells you more about their engineering services as per the discussion we had with them concerning the Water Treatment Plant. I'll give it to you but briefly with the changes where we're going to a liquid chlorine system instead of gas chlorinator, there's a credit, there's a couple of other things, additional costs and when you balance them out, it's a total of addition of five thousand nine hundred dollars. Now, there's still the other matter we're discussing which is the high-lift pump station changes which could run as high as forty- six thousand in engineering additional if we chose to go that route. We need to have that discussion with them but I share it with you, that's the letter I received. Councilman Caimano-When are we going to have that discussion with them? Supervisor Brandt - I wouldn't have a problem frankly of moving the engineering with them and leave that, well, even put it in the contract subject to our approval. We're going to discuss it and work it out with them, either we're going to contract for that or not. But I would say we ought to prepare a contract and enter into a contract with them, as far as I'm concerned. Councilman Caimano-And leave that as still a negotiated item? Supervisor Brandt -Yes. Councilman Caimano-I agree with that and I think we're going to wind up doing something about it anyway, I just, we want to argue about the cost. Supervisor Brandt-Right, if you look at it, the bid was five hundred and thirty-six thousand three hundred dollars with the five thousand nine hundred added, it's five hundred and forty-two thousand two hundred. If you added the forty-six thousand to it, that is going for all of the changes in that high-lift pump station, it would take you up to five hundred and eighty-eight thousand two hundred and that still seventy-five thousand dollars lower than our next bid and that's with a bunch of changes already negotiated. So, I think we ought to prepare a contract and move that along if that's the will of the Board. Councilman Caimano-It's alright with me. Councilman Tucker-What kind of action have we got to take? Supervisor Brandt-We have to prepare a contract and enter into an a contract. Attorney Dusek-On your behalf then, I'll call O'Brien and Gere tomorrow. I'll request their form contract, review it and then add in our, whatever we need to add to it and then present it to the Board. Supervisor Brandt-Okay, one other item. I asked the attorney to help me on something last year when I was doing the budget. I suggested that we form a Department of Public Utilities and I think there's some cost saving to be gleaned by it. I'm about to start this process again, I include a copy of a proposed law and a, sort of an outline of an organizational chart with some lines missing and some blanks empty that the Board is going to have to work on and work together and I would propose that we look at adopting this law and moving ahead and hiring the administrator, professional engineer to head that up to help us in defining the blocks below it. So, you can take a look at that and we can discuss next week. DISCUSSION - HUDSON POINTE PUD DEIS 8: 15 P.M. Attorney Dusek-If the Board after reviewing with everyone tonight, if you feel that you are ready this resolution is designed to accept the Draft EIS, approve it for public comment and set a public hearing. Supervisor Brandt-Well, obviously we had some reservations on that the last meeting. That was both from our professional engineer that was advising us on this plus you, Paul and you, Jim both. So, how are we on these from each of your views? Executive Director, Mr. Martin-Well, I've got some things to hand out that update the information. I'll do that first and then Councilman Goetz-Did you hold the meeting, as scheduled? Executive Director, Mr. Martin-Yes. There's a letter from Dick Morse and then the rest of the information I'll hand you now is information from the applicant. What you have here is a whole updated sections, I believe one through five of the EIS, those were the sections that were effected by our comments. So, you have an entire new text of the Draft EIS there with a new, more clear site plan. This is Betty's copy, I'll hold on for her. This is supplemental from Haanan regarding soils, it should be considered part of the EIS. Councilman Goetz-Okay, Jim, as I remember it, some of the public had requested to be at that meeting, were they there? Executive Director, Mr. Martin-Yes. We had a meeting, we were originally shooting for Wednesday but at the suggestion of the applicant, we had it Friday, that gave them time to prepare. I faxed them down my comments in written form, those were the same ones I provided you in your box. They had Paul's comments in written form and they had Morse's comments in written form. That gave them the whole week to prepare for it. We had a meeting Friday at two o'clock in the Planning Department Office. In attendance at that meeting were Alan Oppenheim, Michael O'Connor was there, Dick Morse, Jeff Friedland, Tim Brewer was there for the first half of the meeting. Also there was representatives of Saratoga Associates were there, Tom Nace, myself, Paul Dusek. I think I've hit everybody. We had a very, I think, fruitful meeting. We went through my list entirely, we went through Paul's list entirely, Dick's list entirely and I believe all the comments have been addressed to the point that, in my view, mine are addressed to the point that I think it's a complete document, ready for public review. That's my basic conclusion. I think Paul, he feels his comments were satisfied, he's here and Dick can speak to his opinion which has been provided in this letter. So, the meeting did occur, I think it was very useful and I might also note for the ease of your review, what I just gave you, the italicized sections of the text, that's all the new language. You'll notice on several pages of that thicker stapled copy there, there's italicized sections, that's all the new language meant to address the various comments. Supervisor Brandt-Paul, you concur? Attorney Dusek-I just, what I did today is, I got this, this afternoon and unfortunately I didn't have a chance to read every page of this new document that they gave me. However, I did go through to check the comments that I had made and in just spot checking my comments, it appeared that they did cover the points. Probably the most significant one that I had would be as to the alternatives, they did in fact address that with a fairly lengthy paragraph outlining a subdivision type of approach. I did look for the, at least the two places that I had found that further information was supposed to be provided, they did in fact provide that information or at least in one instance, indicated that it would be provided by August 30th. I had asked them in our meeting to make sure that if there was any place else in the document that they agreed to provide information that they in fact covered that. So, I think the only question that I would want to ask the applicants tonight, that they did in fact satisfy that because I did not have a chance to go through the whole document. But, other than that, everything looked good to me. Executive Director, Mr. Martin-The thing I will highlight also for you is that, two of the issues are going to be dealt with, with information to come by August 30th and that was a list of new identified vegetation, vegetation on the site will be provided by Spider Barber by August 30th to my office. They have had new testing of EMF out at the site allowing them to record the time it was taken and the transmission load on the line at that time to see how representative it is. That information should be also available August 30th. It was agreed upon if supplied in that time frame, it would not impact the completeness determination tonight if that's the Board's desire. Supervisor Brandt-Okay, Dick, can you report to us. Mr. Dick Morse-I concur with everything that has been said previously. We did attend the meeting. I wrote you a letter that you should have in hand. We itemized the new documents that we were provided at about one thirty today. We did go through those documents to determine if they complied with the questions that we had raised, we found that they had. And again, I relate to the agreement that was basically was reached that if two documents were provided by the 30th, that, that would be acceptable. This evening I was provided, and I don't know if you have been with the Spider Barber letter, that has been retumed. Am I the only one that has that, Mike? Attorney, Michael O'Connor-You have my copy. Mr. Morse-Okay, but that is here on the other species, the unidentified species. So, the only thing, in my estimation that is outstanding is the data on the EMF's that will be presented shortly and not later than the 30th of this month. So I, we basically reach the conclusion that the document is adequate. Supervisor Brandt-So, then, if we still have data coming in on the 30th, the opening of public comment, I mean the period for people to examine this, it would have to start after the 30th? Attorney Dusek-It's my feeling that the way it will work out is that the time periods are such that, there won't be a problem. The hearing that the applicant is proposing is the 13th of September. The thirty day time clock can not start until the filing circulation of the notice anyway, so, my recommendation would be that you don't look towards a cut off date until probably, September 30 anyway. We had talked about dates as early as the 23rd or 24th with the applicant and I don't want to hit Mike by surprise tonight but as I was reviewing through the materials, my regulations today, I'm a little concerned that if we try to cut it too tight, we could have a problem. So, I'm looking probably to extend your comment period just about a week at the most, until about the 30th. And then that would also cover any other concerns that anybody may have in terms of time enough to review any additional documentation. Supervisor Brandt-Mike O'Connor, if you want to or any of your team, want to comment on that, please feel free to. Attorney O'Connor-For the purpose of the record, I'm Michael O'Connor. My understanding and my desire, I guess would be, we would start the comment period to run as soon as we possibly could and I think what Paul is referring to, is that he must give notice to the involved agencies that it is to begin, beginning to run. But I didn't think that, that was an involved process, I would think they would be able to get that out within a day or so. I don't know why, I think that's a letter, a form letter to them saying that you have deemed the EIS, DEIS to be complete and that the time clock of thirty days has begun. Attorney Dusek-My only thought was, Mike, your at the 23rd now, if he gets out the 24th or 25th, you're looking at, thirty days from then, the 25th or so of the next month, the few days, might be wise just to have just in case, because once they set it tonight, we can't tum it back very easily and it would be nice to have a couple of days margin in there just so that in case we do run afoul of any deadlines or time frames this will. We certainly work to getting out the notices tomorrow to start it running. Attorney O'Connor-And that would start the time clock, would it not? Attorney Dusek-Right. Supervisor Brandt-So, that's academic. In other words, it's a matter of us accepting it, is that correct? Attorney Dusek -You have the right to accept or reject the document. You also have the right to set the date for the public hearing at whatever you feel is appropriate. You also have the right to set the comment period, that's your discretion within limitations. Unknown-That would not be less than thirty days. Attorney Dusek -You can go longer than thirty days, if you want. Unknown-A couple years. Supervisor Brandt-I don't hear well but I caught that one. Councilman Tucker-A comment period on what? This new stuff or the whole Supervisor Brandt-The whole environmental impact statement. Councilman Tucker-The whole shot again? Attorney O'Connor-This is a final complete submittal and this would be the document that the public will have for comment to get us to the next stage. Executive Director, Mr. Martin-Do you have a copy of the, you said you were going to bring a completed document tonight? Attorney Dusek-Yes, we do and we also would offer if you want, we would take back from the Board the books, assemble them within a day and give them back to you completed as the book is that we're filing. If that makes it easier for you then you trying to flip through the pages, we're willing to do that. Councilman Tucker-Can you wait for me until I go home to get it? Councilman Goetz-How will you get the books from us? Attorney O'Connor-If you tell us how you want to give them to us, we'll get them from you. Councilman Caimano-I want to hand it to you. Councilman Goetz-Like if we brought them to your office? Attorney O'Connor-That would be fine. Supervisor Brandt-Or bring them to the Town Office and somebody can pick them up, you know, whatever. Mr. Alan Oppeheim-You don't want to get rid of that right now, do you? Attorney O'Connor-1 didn't say we're going to carry it any place, I just said we're going to assemble it. But it might make it simpler because in addition to three holing some of the paper that you're going to have, we've got some tabs to put on some of the back part and it will make it easier for you. So, we would be glad to do it. If! could get those by, today is Monday, if! could get those maybe by Wednesday, they're would be one pick up from the office and we get them back to you, probably by Friday, if that's a reasonable time period for you. Councilman Tucker-Can we drop them off here? Supervisor Brandt -Sure. Attorney O'Connor-If you want to, whichever, you tell me. Supervisor Brandt-Bring them to my office and we can coordinate with you. Attorney O'Connor-I'll pick them up here or we'll have somebody else pick them up here, which ever is eaSIer. Councilman Tucker-Yea, it will be for me. Supervisor Brandt-Right, okay. Councilman Goetz-What are we going to do about Betty's book? Mr. Oppenheim-We're not going to change Betty's book. Councilman Goetz-She'll want it though. She's out of town. Mr. Oppenheim-You know what we could do if, if we've got to provide a new one, we'll provide a new one. Attorney O'Connor-1 guess a question, Paul, what are you comfortable with? I'm not, we would like to do this yesterday, there's other people obviously would not like to do it yesterday but let's do it once. I think all we have to do is get a letter out to the involved agencies, right? Attorney Dusek-Well, that's what this resolution does in part, Mike, at the bottom of the resolution is the SEQRA format for the notice of completion and the notice of SEQRA hearing and that's what I would propose that we deliver to all of the agencies. So, as you can see, it's already prepared. As I review the regs, my concern would be just making sure that we do the time frames right. My minimal recommendation on the time frame in light of what I've read and anything, would be the 27th. If the Board wants, they can go further then that, the 30th might be nicer. I'd feel more comfortable probably with the 30th but if you're saying, if you really push me to the wire, what is my last final date, it would be the 27th and the only reason for that is because your 24th is on Friday and if we take, say today, tomorrow to get the notices out, depending upon how you calculate the time frames, we'll be into the weekend anyway so I thought Monday the 27th as a very minimal. But here again, the 30th might even be better. Attorney O'Connor-We're not going to object. Councilman Caimano-The 27th? Attorney O'Connor-We're not going to object to the public comment period ending on the 27th. Supervisor Brandt-So, that is in, on page three of our resolution, that's the date we're proposing? Is that correct? Paul? Attorney O'Connor-The very top of the page. Councilman Goetz-The 27th, is that what you're recommending or the 30th? Supervisor Brandt-Take us through this resolution, please. Attorney Dusek-Okay. Just briefly going down through it. On the first whereas clause, just simply indicates that the original Hudson Pointe PUD application was submitted. On the 31st of August you adopted a, this is 92 by the way, not 93 of course, you adopted a resolution indicating the desire to be lead agent. On resolution number 149 of 1993, earlier this year you issued your positive dec. On March 22nd, the Town Board approved the contents of the positive dec and also authorized the filing of the positive declaration. The next paragraph was on June 1st, you approved a scoping statement. The next paragraph indicates that the Michaels Group as applicant on behalf of Hudson Pointe has presented the town with a Draft Environmental Impact Statement. The DEIS has been reviewed by Morse Engineering, the engineering firm retained for purposes of assisting the Town Board, the Planning Office, the Town Attorney and the Town Board. The next clause indicates that according the rules and regulations of the environmental conservation office that the Town Board now has to decide whether the DEIS is satisfactory with respect to it's scope, content and adequacy for purposes of commencing public review. Then the very next paragraph is your resolved clause saying that you as a Town Board do find the document satisfactory with respect to scope, content and adequacy for purposes of commencing public review. The Town Board also hereby sets as a public comment period to commence immediately and to terminate as of and that's where you have to put in the date of either September 27th or September 30th or that range in there or any other date that you want. Councilman Caimano- What are those dates? Supervisor Brandt-What day of the week is that? Attorney Dusek-September 27th is a Monday, September 30th is a Thursday. Councilman Goetz-You're recommending the 30th? Did I hear you right? Attorney Dusek-Well, I'd feel more comfortable. I know the applicant is trying to get through the process as quickly as he can. I don't think Mike, three days is going to be terrible burdensome. I think you would be better with the 30th. Councilman Goetz-I think we should go with the 30th. I think we should take the recommendation of our Attorney. Councilman Tucker-What is your reason for it? What is your reason for it, what do you expect Attorney Dusek-No, I just think, you know, you've got your information coming in on August 30th and I guess my gut reaction is that I'd feel more comfortable with September 30th. However, if you tell me, legally speaking what's the last day or the bear minimum you can get away with, I would say the 27th. But you can have anything over the 27th that you feel comfortable with. Councilman Tucker-Would we want to hold the public hearing on this thing on a meeting night? Councilman Caimano-Not unless the meeting was short. Supervisor Brandt-And the other thing is, if the EMF, is that the right Councilman Caimano- Yes. Supervisor Brandt-Data is available the 30th, then start the clock then, as far as I'm concerned. I mean, then there's no question that everybody had the 30 days. So, as far as I'm concerned, let's make it the 30th. Is that agreeable to you guys? Attorney O'Connor-Okay, is that five p.m.? Don't you need a time? Supervisor Brandt-Five p.m. is fine. Attorney Dusek-The next resolved clause then after that would be establishing a public hearing date. The public hearing date has to be a minimum of 15 days from the date the notices are circulated around or 14 days notice in the press and everything. So, you're looking at an earliest possible date of September 13th which is a Monday or any time after that. Supervisor Brandt-Do you want to do a special meeting on that? Councilman Caimano-You can't do it on the 13th, you've got to do a special meeting. Supervisor Brandt-I'd say a special meeting also. Councilman Caimano-The 15th? Councilman Goetz-Okay, it's a religious holiday the 16th, so I think we should, I mean to be Supervisor Brandt-What day is the 15th? Councilman Goetz-The 15th is a Wednesday. So, I think we should go with the 15th. Supervisor Brandt-The 15th, I think is alright. We have a special meeting of the Planning Board, that's the following Wednesday, I believe. Unknown-The 8th. Supervisor Brandt-The 8th, okay. Councilman Goetz-Wait a minute, what is that? Councilman Tucker-September 8th. Councilman Goetz-What's the 8th? Supervisor Brandt-There's a special meeting of the Town Board and the Planning Board. Attorney O'Connor-Supervisor Brandt, Dick Morse is indicating he's got a conflict on that day. Mr. Morse-I've got a conflict on the 15th. I can send some other staff member, we're not in-putting on the 15th, we're here to listen. Councilman Goetz-What about the 14th? Councilman Caimano-No, that's not a good night. Councilman Goetz-That's not good for you? Councilman Caimano-It's fine for me, but there are others it's not fine for. Councilman Goetz-Oh, who are the others? Councilman Caimano- The people that are in the Primary. Councilman Goetz-In the what? Councilman Caimano-It's Primary Night. Councilman Goetz-Oh, that's Primary night? Councilman Tucker-By God, you're right. Supervisor Brandt-Let's go the other way. What's the Attorney Dusek-You're back to the 13th, the Monday. Attorney O'Connor-How about the 17th? Supervisor Brandt-The 17th, it's a Friday. I have no problem with that. Councilman Tucker-I don't either. Councilman Goetz-I could do it. Councilman Caimano-A Friday night. Attorney O'Connor-Unless you direct otherwise, I think the document is going to speak for the developer. We're not going to make a long presentation or even, I'm not even suggesting a presentation unless you have completely new faces here. If we have the same faces that are, that have been present, I don't think we intend to make a presentation. Councilman Caimano-Let's do it that night then, it's fine with me. Supervisor Brandt-So, what was the date we came to? Unknown-A Friday night, for public hearing? Attorney Dusek-Friday night, September 17th. Supervisor Brandt -September 17th. Councilman Caimano-What's the matter? Mr. Tim Brewer-I just thought a Friday night for a public hearing, I don't know Supervisor Brandt-If people want to speak, they'll speak and I mean we're certainly going to come here, everybody else. Mr. Brewer-We have a conflict, Jeff has a conflict, he'll be out of town but I suppose that's tough, right? I'm not trying to be smart Councilman Caimano-Well, you are. Mr. Brewer-I'mjust, I'm trying to make it so that everybody can be here. Councilman Caimano- Then speak up if you have a conflict. Attorney Jeff Friedland-Even if I was going to be here, it seems to me the idea of a public hearing is to encourage public invitation. Friday night for any kind of public hearing is not encouraging... Supervisor Brandt-Isn't this a good thing to do for public, for recreation, Friday nights? Attorney Friedland-I don't think so. Supervisor Brandt-I mean seriously, what's better, go to the movie? I mean, this is town business, this is what we're doing with our community. I don't know, am I warped, is something wrong with it? Mr. Brewer-Again Mike, the last time, well, maybe a little bit but the last time we had a conflict on a Friday night, you mentioned a meeting on a Friday night and I kind of got upset about it, and you say that's tough, you be there, if you want to speak, you'll be there. And then, when it's the other side, if they had a conflict, then we'll change the meeting. But now we're saying that we have a conflict and we're asking you to change ... Supervisor Brandt-What's Thursday? Councilman Goetz-It's Rosh Hashanah, it's a religious holiday but I could be here. Attorney O'Connor-Mr. Supervisor, don't you have to keep in mind also that the purpose of the public hearing at this level of proceeding that we're proceeding, is in essence for the people who don't want to put their comments in writing? You probably, as part of the offset of the public hearing, will suggest to everyone that written comment will have the same weight as oral comment and suggest that anyone who wants to make lengthy comment, to submit it in writing as part of the record. This is a typical way of running a DEIS type hearing ... Supervisor Brandt-Right and they'll be accepted all the way until Attorney O'Connor-And the people that are complaining the most I presume are going to give us the typical ten page letter. Mr. Brewer-You don't know that, though, Mike. Supervisor Brandt-Everybody can submit in writing and certainly Mr. Brewer-I understand that but it's only, we're just asking if you could accommodate us maybe on a Thursday or Wednesday or a Tuesday. If it's too much to ask, okay, just tell us. Councilman Goetz-Excuse me, I'm the one that brought up the trouble of Thursday night, being a religious holiday. What do you think, would you rather go with Thursday? Councilman Caimano- It extends through the weekend, doesn't it? Councilman Goetz-I really don't know. Supervisor Brandt-I don't know. Attorney Dusek-According to the calendar here, Rosh Hashanah starts Unknown-The holiday Councilman Caimano- Wait a minute, go ahead. Councilman Goetz-What about that? Unknown-The holiday starts at sundown on Wednesday evening and ends at sundown on Friday evening. Councilman Caimano- That's what I thought. Attorney O'Connor-1 would just make one comment that I sat through something in Saratoga County in the last year and a half, those dates we're ignored. The problems that we're created were worse that trying to accommodate the dates. Councilman Tucker-How much of a conflict do you have Dick on the 15th? Mr. Morse-I've got another Planning Board meeting. Councilman Caimano-Do you care if anybody else shows up in your place, another staff member? A staff member, do you care? Mr. Morse- I can have a staff member come up here and cover the Supervisor Brandt-Let's do that. Councilman Caimano-The 15th. Mr. Brewer-Thank you. Councilman Tucker-Is that all right with you guys? Councilman Caimano-It should be, it's sooner for you. Attorney O'Connor-1 would just as soon have Dick here. Mr. Oppenheim-I've got to tell you from the Town's, I mean, I'll speak for both the Town and the applicant. I think that given his knowledge base, I'd like to see as many as the same faces here from every side as possible because obviously it's a complex project. So, I think it's good to have the continuity for everybody. Councilman Caimano- That's a good point. Supervisor Brandt-We've been all the way around the horn. Deputy Town Clerk Mitchell-Maybe start Monday early? Mr. Oppenheim-Yea, why don't we do Monday at five o'clock? Councilman Caimano-Okay, I'm willing to do that. Supervisor Brandt-Monday at five o'clock and then we have a Monday, a seven o'clock Town Board meeting. Councilman Caimano-But you don't care about that. Supervisor Brandt-I don't mind, but, you know, that means two hours, right? Mr. Brewer-Are you busy the next day, Tuesday? Mr. Morse-Tuesday, I don't, is that ... Councilman Caimano- Tuesday is not a good day. Attorney O'Connor-Tuesday is Primary day. Mr. Morse-Oh, I'm not running. Executive Director, Mr. Martin-You're not running this year, Dick? Councilman Caimano- That's not a good day. Mr. Brewer-I'mjust curious, does it have to be, if it's within the time period of comments, why does it have to be in that week, the 13th, 14th or 15? Why can't it go into the 17th? Attorney Dusek -You have to have ten days following the meeting before you can close the public comment period. Mr. Brewer-So, go for the 20th? Let's do it Saturday morning, nine o'clock? Councilman Goetz-Okay, it's the Balloon Festival weekend. It can cause trouble. Mr. Brewer-I was only kidding ... Councilman Goetz-Oh, you were only kidding, oh rats. Councilman Caimano-Monday at five o'clock is fine with me. Can you do it Monday at five? Executive Director, Mr. Martin-Legally, it will work. Supervisor Brandt-Monday is what date? Deputy Town Clerk Mitchell-It's the 13th. Councilman Goetz-It is the 13th? Attorney Dusek-That's the 13th. Mr. Brewer-That's the original date we started with. Attorney Dusek-It would be five o'clock? Supervisor Brandt-Five o'clock, Monday the 13th. Do you think that people will come out more for five o'clock meeting on Monday? Mr. Brewer-No, I don't. Supervisor Brandt-Then why the hell are we, why are, we started Friday, now we're all the way around the horn, nobody is happy. Mr. Brewer-We asked you to go Tuesday, Wednesday or Thursday at seven o'clock and somebody else came up with five o'clock because Dick has a conflict. Why can't you go to the next week, you have until the 20th? Why can't we go to the 17th? Supervisor Brandt-Well, the problem is that ... Councilman Goetz-Leave it on Monday. Supervisor Brandt-The 17th is a Friday, the 20th is what? Councilman Goetz-Leave it on Monday, the 13th at five o'clock. Supervisor Brandt-Five o'clock. Councilman Goetz-I think we've been trying, we've tried to be accommodating. Supervisor Brandt-Okay, five o'clock. Councilman Caimano-Now, the only ones that are going to be put out, is us. Supervisor Brandt -Right, bring your sandwiches. Attorney O'Connor-It shouldn't be that long of a hearing. Supervisor Brandt-Let's finish this, going through this. Attorney Dusek-Okay, after that public hearing paragraph. By the way, the public hearing paragraph mentions the fact that there's environmental issues have been raised, there's interest on the part of the public and there's mitigation measures and that's the grounds why you're calling a public hearing on this. SEQRA provides that you don't always have to call a public hearing but in my opinion, I think you would be better off to call a public hearing in this particular project. The next paragraph is that notices will be issued in accordance with the Environmental Conservation Regulations, these are the filing of the completion notices that are attached. Next paragraph indicates that the public hearing shall be noticed by at least fourteen days, that's just so that we don't forget to do that. Next paragraph is that the Draft Environmental Impact Statement, Notice of Completion and Notice of SEQRA hearings presented at this meeting are approved and the Executive Director is hereby authorized to attach the notices, or attach to the said notices a copy of the scoping document and the resolution of the Positive Declaration because we refer to those two things in the documents that are attached and forward the documents to the agencies that are provided for under the rules and regulations. The next resolved, actually has to do with the Notice of Completion, the SEQRA hearing statements and the Draft Environmental Impact Statement and where you want it furnished around town so that people may review it. Typically, they've had it, I think a couple of copies at the Clerk's Office, they've put at least a copy of it down at the ACC library. They've put a copy at the Crandall Library, I believe. That maybe, unless somebody else has some other ideas but that's up to the Board as to where you want to place copies for public review. Attorney O'Connor-1 think you get more mileage out of Crandall Library then you do out of ACC Library, maybe I'm wrong but you have more general access. Attorney Dusek-It's up to you folks, where ever you Attorney O'Connor-Well, you tell us your resolution or will give you the copies and Mr. Martin is going to place them. Supervisor Brandt-We have to pick those right now? Attorney Dusek-Yes. Supervisor Brandt-Crandall Library is one, is that acceptable? Councilman Goetz-Yes. Councilman Tucker-Yes. Attorney Dusek-And how many copies? Supervisor Brandt-What's normal? Attorney Dusek-Two? Is that Attorney O'Connor-No. Attorney Dusek-The applicant only wants to put one. They're expensive, I know. Attorney O'Connor-I've been there looking for, I've never seen more than one copy of any impact statement that's on file down there. Many of the projects that are in our area, don't file there. Attorney Dusek -You want to put one at Crandall? Councilman Caimano- Yes. Supervisor Brandt-One at Crandall, fine. The Clerk's Office? Attorney Dusek-You have to have two at the Clerk's Office. Supervisor Brandt-Okay. Attorney Dusek-Any place else? Councilman Tucker-One at your house? Attorney Dusek-No, thank you. I've already got one, I'd be happy to share it. Councilman Caimano-Well, in actuality, they can get one from any of the Town Board members. Attorney Dusek-Under law, that's sufficient, unless you can think of some place else that you want to make it easy for the public to get to. Mike, do you have any ideas? Councilman Caimano-Do you guys have any ideas. Mr. Brewer-One at my house. Councilman Caimano- They don't know where your house is. Mr. Brewer-I'll show them ... distribute it through the neighborhood. Unknown-Does the Planning Board have one? Councilman Caimano-I don't know. Do you guys have one, does the Planning Board have one? Executive Director, Mr. Martin-Yea, they're an involved agency. Attorney Dusek-They'll be furnished with them. Supervisor Brandt-Publish one and provide one more to that neighborhood? Hell, everybody is going to, it's just a convenience, it'll cost you one more publication. Attorney O'Connor-Will keep it at Mr. McDonald's house. Councilman Caimano-Pardon me? Councilman Goetz-It's going to be at Mr. McDonald's house? Supervisor Brandt-No. Attorney O'Connor-I've never heard of that, they're not a party in standing, they're not, I'm sorry, I'll take objection to that. Supervisor Brandt-Alright, give me an extra copy, would you? And we'll make it available through my office. Attorney O'Connor-But that's not part of the, that's not part of the resolution or are you saying Supervisor Brandt-Through the Supervisor's Office, one extra copy, we'll make it available to the public through my office. Attorney Dusek-Alright, then going through the resolution, there's a last resolved clause that indicates the Town Attorney is authorized to approve the form of the notices which I've already them but I put this as a catch-all just in case, as I'm going through the regulations and you know, tomorrow and sending out everything, if I see anything that we've left out, this gives me the permission just to add it to the notice but I believe they're pretty complete. Attached to this then, what we'll do is, on the notices, we'll put in the date of the public hearing and the date that the last date at which comments will be accepted, those are the two blanks which will be September 30th, five o'clock and your public hearing on September 13th at five o'clock and state the place, which of course will be here at the Queensbury Activity Center. The rest of the document simply refers to the contact person who has always been and remains the Supervisor and then referring to where copies of this is to be sent out to. Supervisor Brandt-I'll offer the resolution. Councilman Caimano- I'll second. Supervisor Brandt-Any other discussion? I'll let you comment. Attorney Friedland-Before the resolution? Supervisor Brandt-Pardon me? Attorney Friedland-Before you go onto motion? Supervisor Brandt -Yea, right now because we're about to vote. Attorney Friedland-As I think you know by now, I'm Jeff Friedland and I represent the Brewers and the Akins, neighbors of the project. It seems to me the discussion about the dates of the meetings was putting the cart before the horse before and I sort of got into that too. It seems to us that the DEIS is not complete and that the Board should not declare it complete tonight and there are several reasons for that. A DEIS by law is supposed to discuss alternatives to the project and there's a list of different types of alternatives in the SEQRA regulations that they could discuss. One of those is alternative sites. The regs say and I'll quote this, site alternatives maybe limited to parcels owned by or under option to, a private applicant. The DEIS acknowledges that NIMO owns or controls other sites and there's absolutely no discussion in the DEIS about these sites. So that's one thing that's missing. The second thing is uses, there's no discussion of alternative uses for this property at all. It lists the possible uses, it says that you can use them for funeral homes, farms, schools, churches and so on but there's no discussion about any of those uses. That's the second reason why the DEIS is deficient and should not be declared complete. The last reason is the EMF tests. Evidently, they're being redone and the results will be in August 30th, I guess. But they're not in the DEIS and that's exactly the kind of information that supposed to be in a DEIS. The DEIS is supposed to identify the areas of environmental concern and I can't see how it can do that if test results aren't even in the document. So, for all three reasons, the lack of any discussion about alternatives sites, uses and the missing information about EMF, it seems to us that this document should not be declared complete tonight. And I thank you for your time. Supervisor Brandt-Thank you. Any other discussion of the Board? Please vote. RESOLUTION ACCEPTING DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) AS COMPLETE, REQUESTING COMMENTS ON THE DEIS, AND SETTING PUBLIC HEARING REGARDING THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 478, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, an application has been submitted and there is currently under review by the Town Board of the Town of Queensbury, a proposed Planned Unit Development known as the Hudson Pointe Planned Unit Development, and WHEREAS, on or about the 31st day of August, 1992, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be a lead agent for SEQRA review purposes and authorizing notification of all other involved agencies, and WHEREAS, the Town Board of the Town of Queensbury, after due deliberation by resolution no. 149, 1993, determined that a Positive Declaration should be issued under the New York State Environmental Quality Review Act with respect to the proposed Hudson Pointe Planned Unit Development, and WHEREAS, on or about March 22, 1993, the Town Board of the Town of Queensbury approved the content and attachments to a Positive Declaration and authorized the filing and publication of the same as required by the SEQRA rules and regulations, and WHEREAS, on or about the 1st day of June, 1993, the Town Board of the Town of Queensbury, as lead agent for the Hudson Pointe Planned Unit Development SEQRA review, and after considering all of the information received and after considering all comments received from involved agencies, the applicant, the planning staff, Morse Engineering, P.e., and other interested parties, including members of the public, adopted and approved a scoping document and requested that the applicant use the same as a basis for the Draft Environmental Impact Statement (DEIS), and WHEREAS, the Michaels Group, as applicant on behalf of the Hudson Pointe Planned Unit Development, has presented to the Town Board, a Draft Environmental Impact Statement (DEIS) and said DEIS has been reviewed by Morse Engineering, P.e., the engineering firm retained for purposes of assisting the Town Board in connection with the SEQRA review, the planning office, the Town Attorney, and the Town Board, and WHEREAS, pursuant to §617.8 of Rules and Regulations adopted by the New York State Department of Environmental Conservation under and pursuant to the State Environmental Quality Review Act, the Town Board of the Town of Queensbury may now decide whether to accept as satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review of the DEIS, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Draft Environmental Impact Statement (DEIS) offered by the applicant in connection with the Hudson Pointe Planned Unit Development project is satisfactory with respect to its scope, content, and adequacy for purposes of commencing public review, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a public comment period to commence immediately and to terminate as of September 30, 1993 at 5:00 P.M., and BE IT FURTHER, RESOLVED, that in consideration of the degree of interest in the action shown by the public, the environmental issues that have been raised, and the mitigation measures proposed, the Town Board of the Town of Queensbury hereby establishes and sets a date for a public hearing to be held on September 13th, 1993, at 5:00 p.m., in the Queensbury Activities Center, which public hearing will be held to satisfy SEQRA requirements, as well as also provide an additional public hearing in satisfaction of the legislative hearings required in connection with a Planned Unit Development under the Town Zoning Ordinance, and BE IT FURTHER, RESOLVED, that a filing of a notice in accordance with §617.1 Oe of the Environmental Conservation General Regulations is hereby authorized, and BE IT FURTHER, RESOLVED, that the public hearing authorized herein shall be preceded by notice which must be published at least 14 days in advance of the public hearing, in a newspaper of general circulation in the area of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Draft Environmental Impact Statement and Notice of Completion of Draft EIS and Notice of SEQRA Hearing presented at this meeting is hereby approved and the Executive Director of the Community Development Department is hereby authorized to attach to the said notices a copy of the scoping document and the resolution of the Town Board determining to issue a Positive Declaration and forward such documents to such agencies as may be provided for under the SEQRA rules and regulations, and BE IT FURTHER, RESOLVED, that copies of the Notice of Completion and SEQRA hearing, together with the Draft Environmental Impact Statement shall be furnished and placed at the following places throughout the Town of Queensbury: 1. Crandall Library-one copy 2. Queensbury Town Clerk's Office-two copies 3. Supervisor's Office-one copy and BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized to approve as to form the notices required hereunder and make such additions or modifications as may be necessary for the same to provide all information required by SEQRA regulations. Duly adopted this 23rd day of August, 1993, by the following vote: AYES Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: Mrs. Monahan OPEN FORUM 8:50 P.M. Connie Goedert-I'm an EMS provider for the Town of Queensbury but as far as the State goes I'm a volunteer ambulance worker. In the past six months, EMS providers for the Town of Queensbury have worked diligently with the Senate and the Assembly and now the Governor to enact a service award program for volunteer ambulance workers, which the governor signed into law on July 26th. What we're looking for from you, number one, your support of this issue so that we can get a, what I believe is a public hearing to get it on the ballot for November due to the law taking effect January 1 of 1994. Supervisor Brandt-I think we can prepare that, a resolution to that affect if you would give your information to the Attorney, we could prepare a resolution to set the public hearing and to start the process. Attorney Dusek-There's a number of ways we can do this. I haven't seen the new legislation yet, I haven't had a chance to review it. The last time that the Town set up such a program they did so by way of utilizing a local law format which provided the perimeters for the setting up the matter on the ballot and the proposition and the reason why we did that, was at that point in time, the legislation that was effect, left somethings to the imagination as far as how you were going to structure it. So, we utilized the local law format. Now, if the legislation has remedied some of these things, then maybe we can just do it by way of resolution and a proposition. But if it has not, we may want to still do a local law which will be a little bit more involved and you've got to hold public hearings on that and the timing is going to be close. But it's conceivable that could be done. Supervisor Brandt -Can you guys talk to one another and come back to us with whatever you recommend for the next meeting? Attorney Dusek-I can certainly do my best to try and make it back for your next meeting. Councilman Goetz-What are the time constraints, you mentioned the public hearing and the ballot? Ms. Goedert-I believe that you have to have a public hearing. I was hoping to get that scheduled tonight, it has to be ten days to have thirty-six days prior to getting it on the ballot for the November Election. Attorney Dusek-That's when everything has to be finalized, is thirty-six days before so it goes over to the election office. So, September 30th is roughly your cut-off date. We're going to have to move quickly. Ms. Goedert-There's only two changes in the law according to the fire law and that's one, that the money is controlled by the Comptroller's Office and the other one is iliat the buy back is five consecutive years. Those are the only two changes. Attorney Dusek-If that's the case, then you really want to put a local law together which won't be terribly difficult because we've already done it once. Supervisor Brandt-And we ought to have them on parallel courses, we certainly don't want two bookkeeping systems on this. Ms. Goedert-Well, another thing that I would suggest tonight is that, so that the EMS people can get going as to all the paperwork that this going to entail, is I understand that the Board has to accept the program as to how the records are kept. Which is, what we're looking for is the same program as the fire departments are now usmg. Supervisor Brandt-I would think that's exactly what we would be looking for. Ms. Goedert -So, that would be feasible so we can go ahead and set up that program. Supervisor Brandt -Yea, I believe that would be fine. Councilman Goetz-Are there many carry-overs? Are there people that are under the fire that will then transfer to the EMS? Ms. Goedert-Well, we are looking at the fact that we have to go for a few interpretations which won't be part of the law due to the fact that some of us believe if you're a double dipper, do you get both or some people will prefer to stay with the fire because it's more, if that comes back, you can only do one, alot of people that are in both organizations will prefer to stay with the fire departments since they already have more years in. And as far as EMS and the buy back goes, there's also a question in reference, I spoke with Mr. France who was in attendance here and his people we're part of the fire department so they automatically, they have already got the five year buy back. So, there's just a couple of interpretations that we need to get from the State as to what they're going to do in those possibilities. Other than that, you're looking at approximately ball park figure, a hundred and four people and that's not with the buy back figures. Supervisor Brandt-Can we make an estimate? We need to make an estimate of the financial impact on the district, I would assume. I wasn't part of enacting that other law but it certainly has got to be in the budgetary process, it's got to be factored in. Ms. Goedert-The law reads that you can request from four hundred to four hundred and eighty dollars. The fire department, they receive four hundred dollars a year. Injust speaking common sense, I would request the same amount of funding, I'd like it to be higher but I would hate a larger conflict by requesting more, but I could justify it. Supervisor Brandt-I'm sure. Okay, budgetary purposes, I think we're familiar in the administration in with handling the fire service, so if we factored it in per your description and please discuss it with EJ Christensen if you would so that we can get the paperwork into our budget process. Ms. Goedert-Who would you like me to discuss this with? Supervisor Brandt-EJ Christenson is the bookkeeper in Queensbury and you can do it through my office but let's get a discussion going with EJ, he handles that, he's far more familiar with it then I am. Ms. Goedert-So, what is our next step Paul? Attorney Dusek-What I'd like to do is hit the books first, draft something and then I'll give you a call. I'll do my best to get it back to you as quickly as we can and I'll keep in mind the deadline dates that you're operating under. Ms. Goedert-Will you verify with Mr. Allen the time restraint, as far as getting it on the November ballot? Attorney Dusek-Right, I would take care of all of that. Ms. Goedert-Thank you. Barbara Bennett-First, do you have any more Board meetings this week? Attorney Dusek-I don't know of anything. Ms. Bennett-Is there a full one, the day after Labor Day? Supervisor Brandt-We're saying that we're hoping it's reduced in size, but I don't know what that really means. Ms. Bennett-What I wanted to know is that I heard that the Town of Queensbury was awarded twenty-three thousand dollars for records management, would you care to elaborate? Supervisor Brandt-I don't know the exact figure, but it's about that. Yes, we applied for a grant which we received and it's ongoing, right? Executive Director, Mr. Martin-It's already started, a person was obtained to update the record keeping system for the Town, the archives, the files and get that in some sort of working order, more organized fashion, is my understanding of it. That just started today. Supervisor Brandt-It's a State program where they are trying to encourage a classification of our records so that the public knows what's here and they can find out how to access it and so that we know what's here and some times we don't. Ms. Bennett -It doesn't come as a result of any problem they have had with records? Supervisor Brandt-Probably alot of problems because the State Legislature put up the money. Councilman Caimano-But nothing specific here. Supervisor Brandt-But nothing specific, no. Mr. DeMars-My name is Mr. DeMars, I am from Ward 4 and I am with the Big Boom Road Homeowner's Association. We haven't really received any information on the State Home, does anyone from this Board have any information for us? Supervisor Brandt-No. Mr. DeMars-None at all? I guess all the rest of my questions would have to be directed to Mr. Tucker which really represents us since he's Ward 4 representative. Have you've got anything, Mr. Tucker? Councilman Tucker-No, sir. Mr. DeMars-We have a few questions that we have to ask you because you are our ward representative. What is your opinion of the condition of Big Boom Road, fair, good, average, poor? And are you familiar with the condition of it? Councilman Tucker-I'm trying to compare it to other roads in the Town. I'd say average. Mr. DeMars-Is that road properly marked? Councilman Tucker-For a secondary road, yes. Mr. DeMars-When you say secondary road, how do you relate a secondary road to a primary road? Supervisor Brandt -You're talking highway law and that's really not under this Board's jurisdiction. Mr. DeMars-No, the only question is, we don't have the marking system that Lake Luzerne has. Somebody makes the mistake and comes all the way over a mountain to our benefit of course, the only thing is, our marking system ends at the thruway trucking. We would like to see the marking system continue and that road goes all the way down to, the paved area probably would end at the rest stop area. Our question is, why can't we get that? Supervisor Brandt-You have that problem all over the Town. We have it in many places, people on Mountain View Lane feel exactly the same way, that's a very heavily traveled road. Councilman Caimano-Gumey Lane. Supervisor Brandt-And because it's a secondary road, it doesn't get stripping and they consider it dangerous. I think alot of people do. The question is, I don't even know how this classification of primary and secondary road comes. I don't know how we set the standard of which ones we stripe and which ones we don't but properly we need to talk to Paul Naylor and he can fill us in on it. Mr. DeMars-Can we get some sort of written letter from the Board acknowledging the fact that this has been addressed? Supervisor Brandt-Acknowledging that's what has been addressed? Mr. DeMars-That you have brought this up with the road person. Councilman Caimano-You're on the record right now. Mr. DeMars-Okay, so another words, this will be addressed with Mr. Naylor? I was asking Mr. Tucker since he's our ward representative. I felt that he could probably fill us in a little bit better on what the conditions of that road is. That's why I asked that leading question and being average, the road really is considered average. I would say it's a hazard. Councilman Goetz-Mr. DeMars, do you want the response from Mr. Naylor or do you want it from someone on the Town Board? Mr. DeMars-Well, I just think that the Town Board should assume a position over any road, the person that governs the road within this Town, I think you should assume a position of final word, final say, I think you should move for a judgement call on that. Nothing against Mr. Naylor or anybody else that runs the road, I just feel that you being the Town Board you should make a judgement call on this. Are we going to be able to get something marked all the way down through there? Is the road going to be improved? We see alot of hazards, we can bring you an itemized list of the hazards, but I don't think that merits that. I really think what we need is proper representation in Ward 4. We're not getting it. Councilman Tucker-In what way? Mr. DeMars-You don't really Councilman Tucker-You know whose jurisdiction the roads are under, the Highway Superintendent. They're under his jurisdiction. The only control this Board has over the Highway Superintendent, is his budget. Mr. DeMars-Do you think that's a good idea, Pliney? Councilman Tucker-That's state law, I don't have any right to think about it, anymore then you do. Mr. DeMars-No, I think I have a right to think about it, you see... Supervisor Brandt-Well, then, Mr. DeMars, you need to change the state law. Mr. DeMars-That's where the intimation from our present ward representative thinks that he's going to get away with. We don't intimate easy, we will be heard. Supervisor Brandt-Look it, you can be heard, you are being heard. But state law is a state law, we have to live by the state law, we don't always agree with state law. Mr. DeMars-Well, let them direct it to us within a human manner. Supervisor Brandt-But the state law is the state law and we're going to live by it and if you don't like the state law, please go change it. Mr. DeMars-Well, we're in the process of doing that. We just don't accept things, as per everything, everybody else does. The only thing is, when we try to reason and talk with Mr. Tucker, he has a tendency to go above everybody else because he doesn't want to listen to us. We want proper representation, that's what we look forward to. Councilman Tucker-Do it at the polls, old buddy. Supervisor Brandt-I know it's an election year but ... Mr. DeMars-The other question would be, our second question is, the pile of contaminated earth next to Thruway Trucking, it's sat there for approximately one year. What's your opinion on that, Mr. Tucker? Councilman Tucker-Does that situation exist, Jim? Executive Director, Mr. Martin-That's the first I've heard of it. Councilman Tucker-Okay. Mr. DeMars-It's the first you've heard of it because really nobody has that much to say about this particular area. The same has been seating there approximately one year, it's contaminated. We're giving you the opportunity Mr. Tucker has our ward representative to run with this, to see what you can do, to help us to get the contaminated soil out of there. Supervisor Brandt-What's it contaminated with? Mr. DeMars-1 believe they had to replace a fuel tank, gas or oil. Councilman Tucker-Under whose jurisdiction, did they have to replace the tank? Mr. DeMars-1 believe OSHA. I believe also that UPS has replaced theirs. They took the earth from there, they did the process within less than twenty days, they replaced two tanks. It seems to be a problem as far as Thruway Trucking is concerned. They left the pile there, there's children that play across the road, there's alot of kids in the area, we just feel it's a hazard. We only want to be recognized, just like the rest of the neighborhoods are. Supervisor Brandt-Is that under our jurisdiction or is that DEC. Attorney Dusek-Typically if it's gasoline storage replacement, DEC has special people that handle all of that. In fact, I know that when the town itself during the sewer project, removed a gas tank, there was really quite a bit ofDEC control over that whole situation. They controlled exactly how it was going to be done, they permitted the operation, they controlled the dirt that was supposed to be removed. So, I guess my suggestion would be to call the Warrensburg office ofDEC to find out exactly how they're handling that, if it is in fact a gasoline storage tank removal because they would typically have all the information on that. Supervisor Brandt-And what's the site? Mr. DeMars-1 believe it's Thruway Trucking, that's the entity that they go by, ownership, I don't really know. Supervisor Brandt-Okay, we'll send it to him. Mr. DeMars-Number three, I guess Mr. Tucker would also have to address this since he's building a house at the end of our road. There is property that's unsafe structure on Big Boom Road. How is that being addressed? We brought this before the Board before, nobody has really addressed it and ran with it. Celeste property across from the batch plant. Councilman Tucker-Who did you bring it to? Mr. DeMars- I believe we brought it before this Board before and I think the legalities of it since nobody is in there, it isn't properly boarded up, the grass is high, I received the complaint from the next door neighbors of the property. They have made the property owner an offer, they refuse to sell it, they just want to take and deface our neighborhood which we think ... Supervisor Brandt-Have you said this to the Codes Department? This is the first I'm hearing about it? Mr. DeMars-No, I think we said it quite a while ago. I can get copies of the record that we said it last year, we brought it forth. I believe that there is a section that you could act as a health Supervisor Brandt-I understand that but the Codes Department, normally leads that for us. Mr. DeMars-Okay, I guess it's Mr. Martin then, that would take care of this particular thing. Supervisor Brandt -Yea. Executive Director, Mr. Martin-You said Celeste property, across from where? Mr. DeMars-It's across from, not the batch plant, it's really across from Thruway Trucking, I believe. Executive Director, Mr. Martin-Okay, but the owner's name is Celeste? Mr. DeMars-1 believe that is. Supervisor Brandt-In Ward 4, we did handle one tonight, the Bapp property. Mr. DeMars-Yes and you're also trying to litigate or handle the one that's on Corinth Road. Supervisor Brandt-Right, that's also in Ward 4. Mr. DeMars-Yes, it's also a problem, I understand that. The other question would be is, I guess from our Ward 4 representative, we would have to address him on this, is the batch plant, keeping dust down to minimal as possible because of the breathing conditions of the homeowners across the street. You're running from a light industrial area Councilman Tucker-Mr. Hatin is working on that, right now. Mr. DeMars-We haven't been posted on that. Nobody has told us anything about it. Councilman Tucker-This is the first time you've asked about it. You've been told about it. Mr. DeMars-The only reason why we keep asking is because we're concerned as a neighborhood organization. Councilman Tucker-Alright, now you know. Mr. DeMars-What action? Mr. Hatin is working on it? Has he submitted a letter? Councilman Tucker-No, I have not submitted, you don't have to submit a letter, Mr. Hatin will take care of it. Mr. DeMars-Thank you. I guess that's about all we have as far as problems within our given area. And I do wish we had a better rapport with our representative. Thank you. OPEN FORUM CLOSED Supervisor Brandt-I received a letter, once again we have the Balloon Festival and the Town of Queensbury puts money into the festival, it ends up, supporting one of the balloonist in the process. It's in the budget. My feeling is, the best thing we could do is find someone who would really enjoy the ride and maybe someone in ill health, we would designate them as the person to ride on it. I've had the chance to see some of the kids, even locally in the cancer ward and maybe one of those, somebody we can give a little encouragement about life. Maybe we can find such a person, I'd love to try and do that as long as we end up putting up the money anyhow. Councilman Caimano-Where are these people from? Supervisor Brandt-Massachusetts and they've been here for, I think, four years, five years in a row. We haven't been very involved in it and I think as long as it's here, we might as well get involved and maybe we can find someone that's deserving. Mr. Brewer-Why don't you make up a notice, put it in the paper, have people nominate people and then have a drawing. Ask one of the radio stations to donate some time to do it. Supervisor Brandt-Okay. AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 479, 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 August 23rd, 1993, numbering 93- 302800 through 93-325800 and totalling $ 409,241.62, be and hereby is approved. Duly adopted this 23rd day of August, 1993, by the following vote: A YES: Mrs. Goetz, Mr. Tucker, Mr. Caimano, Mr. Brandt NOES: None ABSENT: Mrs. Monahan ABSTAIN: Mr. Caimano, Vendor #000127 RESOLUTION TO ADJOURN RESOLUTION NO. 480, 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 adjourns from Regular Session of the Town Board. Duly adopted this 23rd day of August, 1993, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: Mrs. Monahan RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY