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1992-08-03 TOWN BOARD MEETING AUGUST 3, 1992 7:00 P.M. MTG #78 RES. #407-425 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS KATHLEEN KA THE, RALPH VANDUSEN, BOB PARISI PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CAIMANO Supervisor Brandt called meeting to order ... Ron Montesi-Spoke to the Town Board regarding information on the 1992 Adirondack Balloon Festival being held September 17th thru the 20th. Noting it's 20 year anniversary, 7 new large balloons in addition to the usual 100 and a laser light show for Saturday night. Would like to request the support of the Town Board for funds for advertising and the sponsorship of a balloon. RESOLUTION AUTHORIZING ADVERTISEMENT AND SPONSORSHIP FOR THE 1992 ADIRONDACK BALLOON FESTIVAL RESOLUTION NO. 407, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the expenditure of $1950.00 for the sponsorship of a balloon and the purchase of an ad in the commemorative booklet issued as part of the Adirondack Balloon Festival for this area during the course of the fall of 1992, and BE IT FURTHER RESOLVED, that the expenditure shall be paid for from the appropriate line item account that's been budgeted for that. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mrs. Goetz RESOLUTION CALLING FOR THE BOARD OF HEALTH RESOLUTION NO. 408, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Regular Session of the Town Board and enter as the Queensbury Board of Health. Duly adopted this 3rd day of August, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR CHARLES WM. HILLIBRANDT, SR. RESOLUTION NO. 17,1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. Charles Wm. Hillibrandt, Sr., has applied to the Local Board of Health of the Town of Queensbury for four (4) variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standards providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM W ASTEW A TER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Dry Well " " " 10' " Dry Well " " 20' " " and WHEREAS, Mr. Hillibrandt has indicated a desire to place the dry well: 1) 2' from a property line, rather than placing it at the mandated 10' distance; 2) 6' from the north property line, rather than placing it at the mandated 10' distance; 3) 7' from the road, rather than placing it at the mandated 10' distance; 4) 15' from the foundation wall, rather than placing it at the mandated 20' distance; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 17th, 1992, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for four variances of Mr. Charles Wm. Hillibrandt, Sr., to place the dry weIll) 2' from a property line, 2) 6' from the north property line, 3) 7' from the road, and 4) 15' from the foundation, rather than placing it at the mandated 10' and 20' distances, respectively, on property situated between Dix Avenue and The Boulevard, south of the South Queensbury Firehouse, Town of Queensbury, New York, and bearing Tax Map No.: Section Ill, Block 7, Lot 19, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 18, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Queensbury Board of Health hereby adjourns and enter as the Town Board of the Town of Queensbury. Duly adopted this 3rd day of August, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 409,1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT Queensbury Water Landfill Fund #910 $50,000.00 Fund #40 Queensbury Water Unemployment Insurance $ 3,100.00 Fund #40 Reserve Fund #03 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1992 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with Section 9-A of the General Municipal Law. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 410,1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: WASTEWATER: FROM: TO: AMOUNT: 32-8120-2001 32-8120-4400 $10,000.00 (Misc. Equipment - (Misc. Contractual - Quaker Road Quaker Road Sewer District) Sewer District) Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None RESOLUTION DESIGNATING EACH MONDAY NIGHT AS OFFICIAL TOWN BOARD MEETING RESOLUTION NO.: 411,1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is aware of the volume of work it is asked to process, and WHEREAS, only two meeting nights per month are officially set aside for said work, and WHEREAS, the Town Board is desirous of staying on top of its work to better serve the Town, NOW, THEREFORE, BE IT RESOLVED, that until further notice EACH Monday Night of the month will be considered an official Town Board Meeting, and BE IT FURTHER, RESOLVED, that an agenda will be presented to the Town Board and to the public on the Friday preceding each meeting, along with all pertinent information that is necessary, and BE IT FURTHER, RESOLVED, that the news sources and any other normally interested parties be notified of this action. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION ACCEPTING PROPERTY AND AUTHORIZING FILING OF LETTERS PATENT RESOLUTION NO. 412, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, on or about the 12th day of December, 1991, the Town Board of the Town of Queensbury adopted a resolution amending the Town of Queensbury Zoning Ordinance and Map and rezoned a portion of property owned by 1. Buckley Bryan, Jr., bearing Town of Queensbury Tax Map No. 73-1-22; said portion of property consisting of approximately 5 +/- acres situated in the southeasterly corner of the aforesaid parcel, and WHEREAS, the principal purpose of the aforesaid rezoning was to allow the establishment of a 41 unit HUD Section 202 Project for Senior Citizens, and WHEREAS, although the property does front on Fox Farm Road and it would appear possible to access the property from Manor Drive, the parcel to be developed does not directly adjoin Fox Farm Road and the Town Board, as a condition of the rezoning, indicated there should be no access or egress from Fox Farm Road and it would appear better and more practical to have access from Farr Lane, and WHEREAS, in order for there to be access to the aforesaid property from Farr Lane, it is necessary to cross lands currently owned by the State of New York with a Town Highway, and WHEREAS, the State of New York has furnished the Town with Letters Patent, granting or conveying to the Town of Queensbury a certain parcel of land, more specifically described in the Letters Patent presented at this meeting, said land being that land necessary to access the property from Farr Lane, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the grant and conveyance set forth in the Letters Patent and hereby indicates that it understands that the same shall be properly improved, maintained and continuously used for highway purposes and hereby further authorizes the Town Attorney to file the Letters Patent, together with any other documentation that may be necessary, in the Warren County Clerk's Office, and hereby further authorizes the Town Supervisor to execute and place the Town seal on any documents that may be necessary to be filed in conjunction with said Letters Patent. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF FIRE HYDRANTS RESOLUTION NO. 413, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS 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 fire hydrants, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Vellano Brothers has submitted the lowest bid for the aforementioned fire hydrants, (a copy of the bid proposal being presented to this meeting), and WHEREAS, Thomas K. Flaherty, Superintendent of the Water Department, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for fire hydrants to Vellano Brothers, and BE IT FURTHER, RESOLVED, that said hydrants are to be paid for from the appropriate Water Department Account. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None (Bids on file in the Town Clerk's Office) RESOLUTION AUTHORIZING ATTENDANCE AT CONFERENCE RESOLUTION NO. 414, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Harold R. Hansen, Director of Parks and Recreation has requested permission to attend the National Parks Association, Annual Congress for Park and Recreation Professionals, and WHEREAS, the Town Board of the Town of Queensbury has given due consideration of this request including the expenses thereof and associated therewith, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes Harold R. Hansen to attend the aforesaid Congress for Park and Recreational Professionals at town expense with the necessary vouchers and receipts to be submitted for reimbursement, to be paid for from the Conference Expense line in the Parks and Recreation Budget. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mrs. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO REAPPOINT MEMBER TO CEMETERY COMMISSION RESOLUTION NO. 415, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury has previously established the Cemetery Commission, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Mr. Robert Edwards to serve as a member of the Cemetery Commission, said term to expire June 30, 1995. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH COST CONTROL ASSOCIATES RESOLUTION NO.: 416,1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Cost Control Associates has proposed to examine utility accounts, including gas, electric, water, sewer and telephone for the Town of Queensbury for purposes of obtaining refunds, rebates or reductions in amounts billed for those services, and WHEREAS, the Town Board of the Town of Queensbury has also considered a similar proposal at different proposed costs made by Stamber & Associates, and has been advised that Lise Fuller, formerly Assistant to the Town Supervisor, informed the Town Attorney that she attempted to obtain one other proposal, but the company was out of business, and WHEREAS, after due consideration of the professional services offered, and the proposed contract for the retention of the services of Cost Control Associates, NOW, THEREFORE, BE IT RESOLVED, that the Town Board feels it would be appropriate to take action to retain the services of Cost Control Associates, but only under the terms set forth in the Contract proposed by Cost Control Associates as modified by the Town Attorney, a copy of the same being presented at this meeting, and BE IT FURTHER, RESOLVED, the Town Board of the Town of Queensbury hereby determines that any monies that would be due Cost Control Associates under the proposed modified contract would be paid only if and when refunds or credits on future bills from utility companies are received by the Town and that currently budgeted funds for utility accounts would, therefore, be sufficient to pay both the amounts due the utility companies as well as any payments that may be due Cost Control Associates as a result of savings it achieves pursuant to contract, and therefore the Town Board determines it to be appropriate and hereby amends the 1992 Town Budget for the itemized funds and accounts attached hereto to indicate that the appropriations are made for payments to the appropriate utility companies or, in the alternative, to Cost Control Associates, and hereby further determines that the original total budgeted amount for the annexed funds and account line items shall remain the same, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the modified contract with Cost Control Associates as presented at this meeting and hereby authorizes and directs the Supervisor to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that any amounts due under the contract shall be paid from the appropriate 1992 amended town funds and accounts as set forth herein. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None RESOLUTION APPROVING DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS AND AUTHORIZING THE FILING OF THE SAME IN THE WARREN COUNTY CLERK'S OFFICE REGARDING 1. BUCKLEY BRYAN, JR. REZONING RESOLUTION NO. 417, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by previous Resolution No. 662, 1991, approved and ordered the rezoning of a certain parcel of land in the Town of Queensbury, known and identified as that bearing Tax Map No. 73-1-22 on the Town of Queensbury Tax Map and in the Town of Queensbury Zoning Map Book, further identified as owned by 1. Buckley Bryan, Jr., and WHEREAS, the aforesaid rezoning was conditioned upon certain rules and restrictions concerning the use of the aforesaid property, and WHEREAS, the rezoning was also conditioned upon the filing of a Declaration of Covenants, Conditions and Restrictions, and WHEREAS, a proposed Declaration of Covenants, Conditions and Restrictions has been presented at this meeting for approval by the Town Board of the Town of Queensbury and for direction that the same be filed with the Warren County Clerk's Office, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, afterreviewing the proposed Declaration of Covenants, Conditions and Restrictions, finds the same to be consistent with the Resolution authorizing the rezoning and further approves the Declaration of Covenants, Conditions and Restrictions and authorizes and directs the filing of the same with the Warren County Clerk's Office. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING MUNICIPAL COOPERATIVE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE CITY OF GLENS FALLS RESOLUTION NO.: 418,1992 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has been advised of a situation where surface waters are draining from Fifth Street in the Town of Queensbury onto Thomas Street in the City of Glens Falls, and then onto private property causing problems and difficulties, and WHEREAS, a proposed Municipal Cooperative Agreement has been presented at this meeting providing for the control of surface waters in such a manner that the same are disposed of in a stormwater catch basin maintained by the City of Glens Falls, and WHEREAS, the Town Board of the Town of Queensbury is desirous of approving and authorizing said Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Agreement presented at this meeting and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Highway Superintendent of the Town of Queensbury is hereby authorized to take any action that may be necessary to complete the Town's responsibilities under the aforesaid Agreement, as soon as the same has been approved and properly executed by the City of Glens Falls, and BE IT FURTHER, RESOLVED, that any cost accruing under or by virtue of this Agreement to the Town of Queensbury shall be paid for from the appropriate account of the Highway Fund. Duly adopted this 3rd day of August, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None DISCUSSION - THREW APPLICATION FOR A DEMOLITION DEBRIS LANDFILL Councilman Monahan-Questioned Attorney Dusek on the process with DEC authorizing permits without the Town being an involved agency? Attorney Dusek-Noted, because we issue a permit we should be an involved agency and that's why we wrote that letter notifying Mr. Threw and advising him that the Town has a local law that requires him to file for a permit with us and that there most likely will be a need for SEQRA review. Councilman Monahan-Noted, in the past that one did happen, where a permit was issued and the Town did not know anything about it. Attorney Dusek-Noted that they will now have to make an application before the Town Board. Councilman Monahan-Questioned whether the Town has any impact on DEC issuing a permit? Attorney Dusek-What usually happens in these cases, if they are timed right, one agency would act as the lead agency and many times DEC will consent to the local authorities being the lead agency. In this particular case, since DEC permit process is already underway, I'm not sure where they are with the SEQRA and whether they have completed it. If they have, then we will conduct our own SEQRA. Supervisor Brandt-Noted, I talked with DEC today about it, I've talked to them previously and they do recognize that we have a local ordinance. They will not issue a permit until the applicant is in compliance with our permit. They also advised me that on the permit request that they received, it did not show that there were people who were getting water from springs and sources of water near by, which they feel is a major consequence in the application and they stated it can not operate until that's been addressed. It also suggested that we look at those water supplies and as a Town take a stand to protect them, because if there are springs, which alot of people do use springs in that area, they would not be protected by the Department of Health or the State Codes. But the Town could protect them so they suggest we do that if it has merit and that's something we need to address and we will be addressing it in the near future. As it stands right now, that can not operate as a waste disposal area. Bob Parisi, Executive Director-Would like to note that we are aware of this and are currently looking into the situation. COMMUNICATIONS Gentlemen: I and my wife, children and grandchildren have greatly enjoyed the ambiance offered by the Town of Queensbury; it's government, people, atmosphere and friendly welcome. We have this year completed 45 years of peace and tranquility nestled in the Adirondacks on the Hudson River. As residents and taxpayers, we are shocked to hear of the aforementioned landfill to leach into our beautiful river which so many communities labored to clean up to the point it is for fishing, swimming and drinking. For 45 years we have used the cold, fresh and (clean) spring water from the bubbling springs behind our camps (2). I do not want well water for its hard quality and the taste of sulphur. We certainly do not wish for a landfill to be placed over the water we are drinking. To point up some of the falsifications listed by Mr. Threw's application: 1. Waterfront property up to Eagan Road is zoned residential not I say not light industrial as Mrs. Crawford was supposed to have written to the state department. 2. No ground water found-wrong- there are two large springs emerging from beneath the proposed two acre landfill site. 3. So called bedrock (if so called) is not at 80 feet, according to well drillers 60 feet. 4. Eagan Road was graded and blacktop surfaced on year ago, must we have this destroyed in six months by heavy trucks? I have witnessed on two occasions catapillar bulldozer having been driven across said town road. 5. Fire provision (rock dump); exit to Eagan Road past landfill to Big Bay Road. Alternate; proceed south to river to neighbors camp. 6. Monitoring of landfill material: Mr. William Threw and son, Jeffrey Threw. Now we have the wolf and the fox guarding the chicken coop! It is very unfortunate the persons proposing this landfill have established such a poor track record in the performance of their daily occupation as contractors. I assure you there is already undesirable material covered up at the base of the ravine. Hot water tanks, refrigerators, washing machines, and stainless steel tanks of some type, as witnessed my Mrs. Mann a former planning board member. This has been an ongoing landfill for three years. Why has this not been monitored? It is our sincere hope and desire the board of supervisors will arrange a public hearing on this landfill issue before issuing any permission to continue. Also, someone from your department to physically inspect and observe the many gallons of water spewing from beneath the bank. I speak not only for my wife and myself, but for all residents in this area including persons down river who wish for no contamination of and to our clean river. PLEASE NOTE: In this application items mentioned to be dumped are: building materials, asphalt shingles, electrical wiring, fluorescent lights and transformers and many more items too numerous to mention. *Re: Rock Dump: Reference only to the Saratoga Counties problem with fire hazard. Yours truly, Edwin H. Bogue Mary T. Bogue Eagan Road, Queensbury, NY 12804 (letter on file in the Town Clerk's Office) Councilman Tucker-Noted, he has a letter from the Water Superintendent and a petition for water on Pasco and Sherman Avenue. (petition not submitted to Town Clerk) Councilman Monahan-Noted, I have a request from constituents in my area to meet with the Board in Executive Session after our meeting. I did speak with our Attorney, Paul and it is proper executive session material. Councilman Goetz-Noted, I have a petition to decrease the speed limit on Country Club Road from Elizabeth Valenti. (letter on file in the Town Clerk's Office) Town Board held discussion and the following resolution was proposed: RESOLUTION REQUESTING SPEED LIMIT REDUCTION RESOLUTION NO. 419, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has received a request for the modification of the speed limit on the entire length of Country Club Road from Blind Rock Road to Quaker Road, a speed reduction from the currently signed 45 MPH speed limit, and WHEREAS, the Town Board of the Town of Queensbury also notes that there is a bike trail that crosses Country Club Road near it's intersection with Woodvale Road and therefore urges the County and the State to look at this situation in determining the appropriate speed limit for this roadway, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby requests that the County examine the speed limit for Country Club Road in view of the preambles stated in this resolution, and BE IT FURTHER RESOLVED, that the Town Supervisor and/or the Town Clerk are hereby authorized to fill out any applications that may be necessary to request a speed reduction and execute the same on behalf of the Town Board, arrange to have the same sent to the County and the County in turn to request a study by DOT. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Councilman Caimano-Questioned an update on the Resolution regarding the Quaker Road Traffic Lights? Attorney Dusek-Noted that we're waiting for the cost information that the Town Board requested from Mr. Naylor. Councilman Goetz-Referred to the Memo from the Town Clerk, Darleen regarding the road maintenance system, questioned the status? Supervisor Brandt-Noted, that we have had several discussions, I talked with her this afternoon and we agreed that it would be split between the Highway and the Town Clerk's budget in paying for the software package. There will be a resolution forthcoming. Councilman Goetz-Referred to Memo from Kathleen Kathe regarding proposed health insurance waiver policy, I feel that we, the Town Board needs to make a decision ... Town Board held discussion and the following resolution was proposed: RESOLUTION REGARDING INSURANCE WAIVER POLICY RESOLUTION NO. 420, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the employee may drop the main policy and allow them the option to keep the secondary policy, and BE IT FURTHER RESOLVED, the same is made retroactive to January 1st, 1992 for those who have already dropped the insurance in hope of obtaining this extra money, it would be effective to all other people who were interested in dropping their insurance coverage from this day forward, and BE IT FURTHER RESOLVED, that they can keep their dental coverage in other words and cancel the rest of the lllsurance. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None Councilman Tucker-Presented to the Town Board a communication from Mr. Parisi regarding the collection of recreation fees. (letter on file in the Town Clerk's Office) Town Board held discussion and requested the Town Attorney, Mr. Dusek to work with Mr. Parisi, investigate the process, the possible violations that may be occurring and report back to the Town Board next Monday. Town Board held discussion regarding the legalities of the building permit that was issued at Quaker Road Plaza allowing the construction of the patio deck for the restaurant. Supervisor Brandt requested Town Attorney, Mr. Dusek to investigate and report back to the Town Board their options. OPEN FORUM 8:45 John Schriner-Questioned whether there's anything new on the Dunham's Bay Road? Attorney Dusek-No, no new answers yet. Mr. Schriner-Noted, the employees of the boat company have authorized people to use the handicapped parking zone when they are not handicapped. Questioned whether a letter by the Town could be sent to the owner so that his employees will acknowledge the sign? Councilman Caimano-Noted, there's a possibility that Roger, the owner is not aware of this condition ... suggested that Mr. Schriner speak with him directly. Attorney Dusek-Noted, there was a letter that came from the boat company to the Town Board which addressed these very issues and what they would do to preserve those parking spots ... it may be helpful to you to look at this. Mr. Schriner-Would like to request a copy of the letter. Attorney Dusek-My office, the Town Clerk's Office or the Supervisor's Office will be able to make this letter available to you. Mr. Schriner-Thank you. John Salvador, Resident of Dunham's Bay-Referred to Dunham's Bay Road, noting that he made application to the Highway Department for a driveway permit to access my property from this road. I understand the permit is not forthcoming and that it's in the attorney's hands. If in fact this is a Town road, then I should have the right to access it with a driveway to my property and I see no reason why it should be withheld. Supervisor Brandt-There's people there who say that road crosses your property, did cross your property at one time and if that is a Town road, then you have access to it. It's not simple, we'll try and get the answer. Mr. Salvador-Would like a commitment from the Board for a workshop meeting, get this on an agenda and discuss this road situation. Supervisor Brandt-We'll put the time in, but it's the legal work that's behind it. We've had some other problems that have come up that have impacted our work. We are looking at this very carefully and we've been working on this alot. Mr. Salvador-Referred to Councilman Monahan's request for Executive Session regarding some of her constituents that she mentioned earlier in the meeting and questioned the subject to be discussed? Attorney Dusek-Noted, it's to discuss potential litigation involving the matter ofMr. Harris on Pickle Hill Road, it was a matter once litigated in 1988 or 1989 and the residents want to discuss with the Town Board the potential for renewed litigation. Mr. Salvador-Are you at liberty to conduct an executive session on the basis of potential litigation? Attorney Dusek-Under the Freedom Information Law, Public Open Meetings Law, if there is a real threat of potential litigation, that's sufficient. Mr. Salvador-Referred to the resolution regarding each Monday Night being an official Town Board meeting pasted earlier this evening. Questioned if it would hold for a fifth Monday of a month? Supervisor Brandt -Yes. Mr. Salvador-On Thursday of last week, the Lake George Park Commission passed a resolution authorizing their counsel to bring an action against us and Dunham's Bay Lodge. We have fundamentally refused to pay Lake George Park Commission dock fees. We've done this because we claim ownership to submerge lands. Weare being taxed by the Town of Queensbury on that land and on the improvements on that land and we don't think a State Agency like the Lake George Park Commission has the authority to superimpose on those taxes, additional taxes. We haven't been served yet, in the event that we are, I would like to ask the Town Board for a workshop session. Attorney Dusek-I would have to see a copy of the papers when they are filed to know more about what it is they're claiming and how they're claiming it. If you are referring to the Town's assessment of your property, if that's the taxes you are referring to, it's my feeling that the assessments would properly include docks because docks are attached to the main land, not just simply floating in the water. So that attachment gives us the right to tax those structures as improvements to the land. Ralph VanDusen, Deputy Water Superintendent-Noted, that Councilman Tucker asked me to discuss with you the petition received by Pasco Avenue as to what the mechanism might be or what your choices may be. Over the last 8 or 10 years there have been several inquiries from the people on Sherman Avenue, Pasco Avenue area. It's not currently in any water district at all, it surrounded by water districts, it's an island. It's been under discussion alot of times about possibly creating either an extension or a brand new water district there. In the past it's been thrown back to the residents of Pasco Avenue, saying if your interested, you have to circulate a petition and present to the Town Board which happen tonight. Supervisor Brandt-Questioned whether we have figured out what it would cost to serve them? Mr. VanDusen-Legally, to have the public hearings, you need an engineer to do a map, plan and report, they will give you the estimate of costs. Supervisor Brandt-Questioned whether it's been done before? Mr. VanDusen-That has never been done. I believe the Town Board would authorize that general Town funds are used to fund that. In the event a water district is formed, then the Town bills that water district for the map, plan and report. Supervisor Brandt -Questioned the cost? Mr. VanDusen-A few thousand, I would want to talk with an engineer. Supervisor Brandt-Would you carry that forth for us, get an estimate and come back to us so we can make a decision. Mr. VanDusen-Yes, our department will get back to you with an approximate estimate from an engineering firrn. Councilman Monahan-Referred to the Insurance Waiver Policy Resolution passed earlier, questioned whether we put in the amount for individual or family? Attorney Dusek-Recommended a clarification and proposed the following resolution: RESOLUTION TO CLARIFY AND AMEND INSURANCE WAIVER POLICY RESOLUTION NO. 421, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the earlier resolution made this evening concerning the insurance waiver certificate and the $95.00 allotment should be amended to add a provision stating that in the case of individuals the monthly allocations will be $35.00 for a waiver of the major medical and medical portion of the insurance policy. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION APPROVING THE AUDIT OF BILLS RESOLUTION NO. 422, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Audit of Bills appearing on Abstract August 3rd, 1992, numbering 92- 315800 thru 92-331300 and totaling $348,136.37, be and hereby is approved. Duly adopted this 3rd day of August, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Councilman Monahan, two items on page 10, Community Workshop Councilman Caimano, #000127, GF Post Star RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 423, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter Executive Session to discuss Potential Litigation and Personnel Matters. Duly adopted this 3rd day of August, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 424, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 3rd day of August, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None Town Board held discussion regarding layoff units and the following resolution was proposed: RESOLUTION REGARDING LAYOFF UNITS RESOLUTION NO. 425, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has considered the civil service layoff unit size for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby determines that based on the needs of the Town and the individual departmental needs that a layoff unit size for the Town of Queensbury would be most appropriately set at the department wide level, this would mean that if someone is occupying a position in a department that was laid off due to a cut back, they would assume a position of less senior person in that department only and this would be only an example, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to take any steps that may be necessary to confirm this policy of departmental layoff unit size with Warren County Civil Service. Duly adopted this 3rd day of August, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Town Board, Town Attorney held discussion with Mr. Parisi regarding reorganization, flow chart for Planning, Zoning and Code Enforcement, no decision was made at this time ... present proposals for next Regular Town Board Meeting. No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK