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1992-01-20 REGULAR TOWN BOARD MEETING JANUARY 20, 1992 7:15 P.M. BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Susan Goetz Councilman Betty Monahan BOARD MEMBERS ABSENT Councilman Nick Caimano TOWN OFFICIALS Kathleen Kathe PRESS Channel 8, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 53, 1992 INTRODUCED BY: MRS. SUSAN GOETZ WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano QUEENSBURY BOARD OF HEALTH PUBLIC HEARING SEWER VARIANCE EDWARD LOCKHART 7:18 P.M. Town Clerk Dougher-We are now in the process of holding a public hearing for Edward Lockhart, that has been duly advertised, regarding a sewer variance, I believe Mr. Lockhart is present. Supervisor Brandt -Officially the public hearing is opened, is there someone here to speak on that? Councilman Monahan-Mike, excuse me a minute, perhaps you would like Darleen to read, there are five different variances that he needs, perhaps you'd like Darleen to read those. Supervisor Brandt-By all means. Councilman Monahan-So everyone is aware of what we're doing. Town Clerk Dougher-One, is 118' from his neighbor's well, rather than placing it at the mandated 150' distance. The second one, is 80' from his own well, rather than placing it at the mandated 150' distance. The third, 142' from his neighbor's well, rather than placing it at the mandated 150' distance; four, 6' from his property line, rather than placing it at the mandated 10' distance; and five, 76' from a stream, lake or water course (Dream Lake), rather than placing it at the mandated 100' distance. Councilman Monahan-I will ask all of you, did you all receive this because this is what I got, probably in old board material? Councilman Goetz-We all got it. Does David Hatin usually come? Councilman Monahan-He has got a letter here regarding information. Councilman Goetz-I think we should have Mr. Lockhart come up. Supervisor Brandt-Mr. Lockhart are you here? Mr. Lockhart -Yes. Supervisor Brandt-Would you come on up and join us? Mr. Lockhart -Sure will. Supervisor Brandt-Again, I feel a little new, sit down and make yourself at home. We have nobody here from the large force of workers that we pay for, but we do have a letter from them. Why don't you tell us in your own words what you think the issues are, and how they are addressed. Mr. Lockhart-Well, I've got a septic system that needs a dry well and I had it engineered to fit the size of my house. I've been properly surveyed to show the distances separation on all the variances that I have. I would put it further away from the lake, but I'd be closer to the adjoiner's wells. The adjoiner to my west, he doesn't see any problems with the separation from my dry well to his well as his is even closer. On the east it is 142', it should be 150', and there is about a 20' change in elevation to his well. I've come to all minimum's that I could reach in order to put this in. I'm keeping my existing septic tank, my present dry well was driven over and damaged, collapsed. Supervisor Brandt-That's what started this process. Mr. Lockhart -Yes. Councilman Goetz-Do you want me to read the letter from Dave Hatin? Supervisor Brandt -Sure, if you would. Councilman Monahan-I just want to ask Mr. Lockhart a question. Mr. Lockhart, on the papers we have in front of you there is an item that does not agree. One says, it's a one bedroom camp, the other one says, it's a two bedroom year round camp, which is correct? Mr. Lockhart-It's a one bedroom house. Councilman Monahan-So the short environmental assessment form has an error in it then? Mr. Lockhart -Yes. It's one bedroom and sized for one bedroom as far as the system. But, I believe the system is also sized for two bedroom so it's a little bit over so that it will be able to handle the one bedroom with no problem. Councilman Monahan-I know your engineering calculations here seem to be for a one bedroom residence and that's why I asked you. Mr. Lockhart-Okay, yes it is a one bedroom camp. Councilman Monahan-Now, is this the least variance that you need to ask for in order to do what your trying to do? In otherwords is there any other place that you could put this that would take you further away from the neighbors and further away from the lake at the same time? Mr. Lockhart-No, there is no possibility to be further away from the lake as I would be closer to wells. As you can see the width of the property does not enable the system to be placed in any other area. Again, I believe it was originally placed there in respect to that. So it's modification of the existing system and replacement of the existing dry well that was there previously. Councilman Monahan-I realize that. Once in awhile we found, you know, instances when people can make a slight change and even better in their relationship to neighbors wells or the lake and that's why I asked you that. Mr. Lockhart-I've tried everything possible in order to obtain that. Councilman Monahan-Darleen, Paul, I have a question for you. I don't know if I should call this a disclaimer or what, but do we have on file one of those statements that Mr. Lockhart has signed? Attorney Dusek-Darleen would have the records on this. Mr. Lockhart-I obtained a disclaimer from the Nicholson's, I'm willing to sign a disclaimer myself. I didn't sign a disclaimer myself, although I would be willing to. Councilman Monahan-That's what we need. Town Clerk Dougher-The Nicholson one. Mr. Lockhart-That is 118' from the Nicholson well... I will sign one. Councilman Tucker-What's the disclaimer do. Councilman Monahan-That he takes full responsibility. You know, by our allowing him to do this if he does get any problems with his well and stuff he accepts full responsibility for it and holds the Town harmless. Councilman Tucker-The State of New York the Department of Health, the State of New York says it's okay? Councilman Monahan-That's right, but that's still when you get out there in the liability field we need to protect the Town too. For the last, what probably six or eight months Paul, we've been having the applicant's do this. Town Attorney Dusek-Yes, I think the board decided, that's probably about right. It's a judgement call on the part of the board. Mr. Lockhart-I didn't realize I myself would have to sign that, although I will. Supervisor Brandt -Your willing to do that? Mr. Lockhart -Yes. Councilman Monahan-So it would take another whereas clause in your resolution, I would think Paul. Supervisor Brandt -Can we open this to the public at this point. Is there anyone here in the public that would like to address this issue? Come on, step forward, put your name on the record if you will. Glenn Batease-I live right directly next door. The septic system would be going so it's says six feet off my property line. I'm kind of concerned about the water problem, if there would be one. For one thing my property line runs right in his driveway from my property line to the camp it's only fifteen feet right there in the driveway where the septic system is going. He would have to put it more or less underneath the house if he got six feet away. He said, there is a twenty foot elevation between the top of my well downhill where the septic system is going, the dry well. You excavate ten feet down where the dry well is going to be in place in the ground and that would be thirty feet. My well is drilled down to forty foot, forty one foot actually so that gives ten feet for that to drain in the ground. Now, I'm afraid that it may get in the water and I don't know what way that vein is running and I wouldn't want to be using the water if it was getting contaminated. Councilman Monahan-Glenn, how far is the septic system from your well? Mr. Batease-I measured it, one hundred twenty five feet. Mr. Lockhart-It's one hundred forty two feet by a certified surveyor. It's also one hundred and forty two feet as measured by Dave Hatin. Supervisor Brandt-Glenn, have you discussed this with the Department of Health at all? Mr. Batease-Have I talked to the Board of Health, Department of Health, no I haven't. I'm just kind of a little bit concerned about the water. Councilman Monahan-I'm not sure if the Department of Health notified the surrounding neighbors as we do Mike when things like this come up, I don't know that one way or the other. Mr. Lockhart - I don't mean to interrupt you, but if I might say a couple of things in regard to this. I had an existing system that was previous to the Batease's building and as far as obtaining one hundred feet from my existing system he never obtained it when he drilled his well, I understand there is some problems with his own separations. His unit is about ninety feet from his own well according to the Town of Queensbury, to say that my one hundred and forty five feet is going to be a problem by a one bedroom six foot dry well, I think we're picking straws a little bit. Supervisor Brandt-What kind of soils you've got there? Mr. Lockhart-It's sand... Mr. Batease-Gravel. Mr. Lockhart-As far as the ownership of the property Glenn is not the owner. Supervisor Brandt-It's sand and gravel mixture? Mr. Batease- Yeah. I built the house there in 88. I've got a lot of money in the house and I'm kind of concerned about, you know, I don't want any water problems. Councilman Tucker-Mr. Lockhart. Mr. Lockhart -Yes. Councilman Tucker-Isn't this dry well going where the old one was? Mr. Lockhart -Yes. Councilman Tucker-The original one? Mr. Lockhart -Yes. Councilman Tucker-Is it any bigger? Mr. Lockhart-No. Councilman Tucker-Same size? Mr. Lockhart -Yes. What it was, it was a circular concrete block with a cover over it with heavy equipment driving down over the years that caused a collapse in it, it did have damage to it so that it is the same size. Councilman Tucker-Same size as your putting in there? Mr. Lockhart-It's about a foot smaller as a matter of fact. Mr. Batease-I didn't see what size the system was going to be. Is it an eight by eight dry well? The only thing I had was a letter sent. Councilman Monahan-Pliney, the only thing I can say, is the short environmental assessment form says, propose installation of new six by eight diameter seepage pit to replace existing four by four diameter seepage pit so according to his EAF, the new system is larger. Supervisor Brandt-Except it has the same number of toilets and the same in flow. Councilman Monahan-No, no, Pliney wanted to know if it was the exact type of system. Mr. Lockhart-By eye balling it, I'm saying it's the same size. The system is sized by the engineering firm so that it would meet the proper flow for a one bedroom house. Supervisor Brandt-Dream Lake has an out flow doesn't it? Mr. Lockhart -Yes. Supervisor Brandt-In all probability the flow of water is towards the lake into the lake and on out. Mr. Lockhart -Yes. If a check was made on the existing systems throughout Dream Lake you'd find that I'd be probably further away then most of them although I'm shooting from the hip when I say that. Supervisor Brandt -Common sense says, if you got a hillside, and a depression with water in it, your water table parallels somewhat the surface. Mr. Batease-Actually at the bottom of the well where the ground water level is it's below the lake level. Supervisor Brandt-I understand that. But what I'm saying, the flow generally is coming from the uphill area towards the downhill area. Since these have been in existence for a period of time apparently with a reasonable history, my gut feeling is that it's probably all right. Your talking eight or ten feet on a hundred and fifty feet, I'm sure that the laws are designed to be very safe in distances. Councilman Monahan-To the best of your knowledge, has anyone in that area had a problem with their well? Mr. Lockhart-No. Supervisor Brandt-Anyone else who would like to speak on this? Bill Woodcock-I'm a neighbor of Mr. Batease and Mr. Lockhart, I've known Mr. Lockhart for a good many years. I own property opposite Mr. Lockhart, not directly, but on the opposite side of the lake, I'm Bill Woodcock as you may know. I feel that Mr. Lockhart has attempted to abide by the regulations the best he can. All those pieces of property on Dream Lake were very small I've had, past tense a similar problem many years ago. The lot, I live on is one hundred by one hundred on each side, one hundred on the lake, and eighty five feet on the back. To get the water supply and the septic tank one hundred and fifty feet apart on any of those lots on Dream Lake, I think is physically impossible. It's a good leaching soil, the septic tank there, to my knowledge, gives very little trouble and by in large, the water supply is real good. I like to see Mr. Lockhart do the best he can with the amount of land he has. Supervisor Brandt-Thank you. Is there anyone else that would like to comment? Any further comments whatsoever from the Board or anyone in this hearing? I'd like to close this hearing and proceed, thank you very much. Following letter submitted: Dear Board Members: I reviewed the site plan for the Ed Lockhart Septic Variance and, at this point in time, I feel that, although Mr. Lockhart is putting a new system in and requesting a number of variances, the fact that the seepage pit will be maintained in the same location as the previous pit and it will receive the same flow as the previous pit, it would be my feeling that it poses no further threat to the environment, nor the neighboring wells. If you will look at the site plan closely, you will notice that the wells of the neighboring properties are actually closer to their own septic systems than Mr. Lockhart's septic system, and all the wells are located uphill from this septic system. Therefore, it would be my conclusion that this poses no further threat to the environment than the system that previously existed in the same location, other than it is a larger pit and does not meet the setbacks for today's Ordinance. Mr. Lockhart has also received approval from the Department of Health in Glens Falls. Sincerely, Dave Hatin, Director of Building and Codes PUBLIC HEARING CLOSED 7:36 P.M. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR EDWARD D. LOCKHART RESOLUTION NO.: 3,1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Mr. Edward D. Lockhart previously filed a request for five (5) variances from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be a: 1) 150' separation between the seepage pit and the well; 2) 10' separation between the seepage pit and the property line; 3) 100' separation between the seepage pit and a stream, lake or water course; and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on January 20, 1992, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and d) that the Local Board of Health also imposes a condition sign a disclaimer, and that the applicant BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Mr. Edward D. Lockhart, allowing the placement of the seepage pit: 1) 118' from his neighbor's well, rather than placing it at the mandated 150' distance; 2) 80' from his own well, rather than placing it at the mandated 150' distance; 3) 142' from his neighbor's well, rather than placing it at the mandated 150' distance; 4) 6' from his property line, rather than placing it at the mandated 10' distance; 5) 76' from a stream, lake or water course (Dream Lake), rather than placing it at the mandated 100' distance; on property situated on the south side of Dream Lake Road, Queensbury, New York, and bearing Tax Map #: Section 51, Block 3, Lot 14. Duly adopted this 20th day of January, 1992, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt Noes: None Absent:Mr. Caimano RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO.4, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves into the Queensbury Town Board. Duly adopted this 20th day of January, 1992, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt Noes: None Absent:Mr. Caimano QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION NO. 54, 1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of January 1st, 2nd, 9th, 1992 and January 6th, 1992 with the following corrections the spelling of Doug Kenyon, and Mary Lee Gosline. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: Noes Absent: Mr. Caimano Resolutions regarding the rezoning of properties of Garth Allen D/B/A Bay Meadows Corporation, Thomas J. Farone & Son, Guido PassarellilHerald Square there was no action taken, board to further investigate these matters. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 55, 1992, Introduced by Mr. Michel Brandt who moved for its adoption, seconded by Mrs. Susan Goetz. WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board fore recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: General Mills Restaurant Inc., Tax Map No. 98-2-1, 98-3-1 and 98-3-5, corner of Aviation Road and Greenway North, Queensbury, New York. RESOLVED, the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs that the Town Attorney's Office notify any other involved agencies of this. Duly adopted this 20th day of January, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:Mr. Caimano DISCUSSION HELD BEFORE VOTE Mr. John Goralski-Richard Jones Associates representing General Mills. Questioned the Board as to what point the Board would determine lead agency on this matter. It was the Town Board decision that they would like to be lead agent in this matter. RESOLUTION AUTHORIZING AGREEMENT WITH WORKSITE SPONSOR AGENCY RESOLUTION NO.: 56,1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Warren County Department of Social Services has been authorized, pursuant to Section 164 of the Social Services Law of the State of New York, to provide for the establishment of work experience projects for the assignment of employable persons in receipt of home relief and pursuant to the Code of Federal Regulations Title 45, Part 238 and Section 336-c of the Social Services Law of the State of New York, and employable persons in receipt of aid to families with dependent children, and WHEREAS, work experience may also include the performance of work in the operation of or in an activity of a governmental unit, a non-profit agency or institution pursuant to a contract with the department in accordance with the regulations of the State Department of Social Services, and WHEREAS, the Town of Queensbury is a municipal corporation existing under and by virtue of the laws of the State of New York, and is desirous of providing work experience for recipients of home relief and aid to dependent children under a contract presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the agreement presented at this meeting, aforedescribed, and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town Board and the Town of Queensbury and to take such other and further steps as may be necessary to implement and carry out the terms and provisions of the same. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano RESOLUTION TO RENEW MEMORANDUM OF UNDERSTANDING BETWEEN THE NEW YORK STATE DEPT. OF ENVIRONMENTAL CONSERVATION AND THE TOWN OF QUEENSBURY FOR THE PERIOD 1/1/92 THROUGH 12/31/92 RESOLUTION NO.:57, 1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, a Memorandum of Understanding between the New York State Department of Environmental Conservation and the Town of Queensbury to renew an agreement of cooperation which had been entered into for 1991 between the parties under Section 150501 of the Environmental Conservation Law has been presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to sign the aforesaid Memorandum of Understanding on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that a copy of the executed Memorandum shall be filed with the Town Clerk of the Town of Queensbury, and sent to the appropriate regional office of the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that this Memorandum of Understanding shall take effect immediately upon its acceptance by the New York State Department of Environmental Conservation. Duly adopted this 15th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano RESOLUTION AUTHORIZING SALE OF SCRAP METAL RESOLUTION NO.:58, 1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the sale of scrap metal located at the Town of Queensbury Landfill, and WHEREAS, a set of Bidding Documents including a Notice to Bidders has been presented at this meeting which documents provide for the advertisement for sale of such scrap metal and also provide for a Bid Proposal, Non-Collusive Affidavit and Contract of Sale, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to advertise the Notice to Bidders presented at this meeting and the said Town Board of the Town of Queensbury hereby further approves and authorizes the use of the Bidding Documents including the Contract of Sale presented at this meeting, and BE IT FURTHER RESOLVED, that any funds obtained from the sale of said scrap metal shall be deposited in the Landfill Operations Account. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent:Mr. Caimano RESOLUTION RESCINDING RESOLUTION NO. 432, 1991 CONCERNING DISPOSAL OF TIRES AT THE LANDFILL RESOLUTION NO.:59, 1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 432 of 1991, directed that the Landfill Superintendent consult with the Town Supervisor before disposing tires at the Landfill, and WHEREAS, the Town Board of the Town of Queensbury is now desirous of rescinding said resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the aforesaid resolution no. 432 of 1991 be and the same is hereby rescinded and all directives contained therein to the Landfill Superintendent shall no longer have to be complied with. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR REMOVAL AND DISPOSAL OF WASTE TIRES FROM TOWN OF QUEENSBURY/CITY OF GLENS FALLS LANDFILL RESOLUTION NO.60, 1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of requesting proposals for the removal and disposal of waste tires of every kind, including those with rims attached, from the Town of Queensbury-City of Glens Falls Landfill, and WHEREAS, a Notice to Bidders and other bidding documents have been submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to advertise the Notice to Bidders presented, and hereby further approves and authorizes the use of the bidding documents and contract presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Board hereby determines that the cost of the removal of these tires in accordance with the agreement presented as part of the bidding documents shall be paid for from the appropriate landfill account. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano DISCUSSION HELD BEFORE VOTE Discussion was held concerning the Performance Bond. It was the decision of the Board to have bidders submit a certified check in the amount of $500.00 for the performance bond and bid security and that this amount would be held in an escrow account. RESOLUTION APPOINTING WASTEWATER DIRECTOR RESOLUTION NO. 61, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Michel Brandt RESOLVED, that the Town of Queensbury has previously established the position of Wastewater Director, and now has decided to appoint Michael Shaw to that position effective January 1, 1992 at an annual salary of $36,000 to be paid from the Quaker Road Sewer Operation Fund #32. Duly adopted this 20th day of January, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:Mr. Caimano RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.:62, 1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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: SUPERVISOR: FROM: TO: AMOUNT: 001-1680-4070 (Data Processing, Equipment Repair) 001-1680-4060 $ 300.00 (Data Processing, Service Contracts) 001-3120-4400 (Sheriff- Warren County) 001-1990-4400 (Contingency) $ 75,000.00 CEMETERY: FROM: TO: AMOUNT: 02-8810-2899-11 02-8810-4400-11 $ 1,500.00 (Cemetery (Cemetery Crematorium Crematorium Capital Construction) Misc. Contractual) Duly adopted this 20th day of January, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:Mr. Caimano RESOLUTION FOR END OF THE YEAR BUDGET ADJUSTMENTS FOR 1991 RESOLUTION NO.: 63,1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, certain departments have requested end of the year budget adjustments for 1991, 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 end of the year budget adjustments for 1991 are listed on the annexed page: FROM TO AMOUNT HIGHWAY 004-5110-1400 (Laborer A) Unappropriated Fund Balance of Fund #04 $41,000 004-5110-1440 Unappropriated Fund (Heavy Equip. Operator) Balance of Fund #04 34,000 004-5110-1450 Unappropriated Fund (Motor Equip. Operator) Balance of Fund #04 40,000 004-5110-1470 (Working Foreman) Unappropriated Fund Balance of Fund #04 18,500 004-5110-4442 Unappropriated Fund 3,000 (Repairs) Balance of Fund #04 004-5110-4640 Unappropriated Fund 10,000 (Stone) Balance of Fund #04 004-5130-2020 Unappropriated Fund 900 (Vehicles) Balance of Fund #04 004-5130-2050 Unappropriated Fund 600 (Radio Equipment) Balance of Fund #04 004-5130-4443 Unappropriated Fund 76,610 (Machinery, Contractual) Balance of Fund #04 004-5142-1440 Unappropriated Fund 35,000 (Laborer A) Balance of Fund #04 004-5142-1440 Unappropriated Fund 20,000 (Heavy Equip. Operator) Balance of Fund #04 004-5142-1450 Unappropriated Fund 12,000 (Motor Equip. Operator) Balance of Fund #04 004-9785-6085 Unappropriated Fund 25,500 (Installment Purchases) Balance of Fund #04 004-5130-1460 Unappropriated Fund 16,000 (Mechanic) Balance of Fund #04 Duly adopted this 20th day of January, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: None ABSENT:Mr. Caimano RESOLUTION SETTING PUBLIC HEARING ON LOCAL LAW PROVIDING FOR A SIXTY-DAY AMNESTY PERIOD FOR THE REPORTING OF SERVICE AND COMMENCEMENT OF BILLING SERVICES FOR UNREPORTED AND NONPAYING WATER USERS IN ALL WATER DISTRICTS AND EXTENSIONS THEREOF IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 64,1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1992, A Local Law Providing for a Sixty-Day Amnesty Period for the Reporting of Service and Commencement of Billing Services for Unreported and Nonpaying Water Users in All Water Districts and Extensions Thereof in the Town of Queensbury," and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, 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.rn., on the 3rd, day of February, 1992, to consider said Local Law No. _, 1992 and to hear all persons interested in the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is further authorized and directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1992 in the manner provided by law. Duly adopted this 20th day of January, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:Mr. Caimano RESOLUTION RESCINDING RESOLUTION NO. 581, 1990 REGARDING THE PLACEMENT OF BANNERS AT INTERSECTION OF BAY & QUAKER ROADS RESOLUTION NO.: 65,1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, pursuant to resolution no. 581, 1990, allowed the placement of banners and/or like signs upon property owned by Warren County at the intersection of Bay and Quaker Roads, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has requested that the aforesaid resolution be rescinded because, due to experiences set forth in his 1/15/92 memo to the Town Supervisor, the banners, as placed, give him concerns about safety for the motoring public, and WHEREAS, the Town Board of the Town of Queensbury, after hearing from the Town Highway Superintendent, desires to rescind said resolution no. 581, 1990, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds resolution no. 581, 1990, thereby prohibiting the placement of banners and/or like signs upon property owned by Warren County at the intersection of Bay and Quaker Roads, for safety reasons, until or unless a new method for the placement of signs is proposed and approved by the Town Board. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano DISCUSSION BEFORE VOTE Town Clerk Dougher noted that the non profit organizations would like the Town Board to look into an alternative location for banners. It was noted that maybe the Beautification Committee could look into this further. DISCUSSION HELD Councilman Monahan-Noted that the vacancies on the Zoning Board will be open until January 24th, 1992, and Planning Board until January 31st, 1992. Supervisor Brandt-Noted that there is a problem with the heating system at the Queensbury Court Building. He has requested that the contractors propose a solution. Town Attorney Dusek-Noted one contractor has contacted him by phone, he was unavailable, will contact him on this matter. Supervisor Brandt-Spoke to the Town Board regarding Niagara Mohawk property along the Hudson River, noting that the Department of Environmental Conservation has held hearings on a proposed park. He has submitted a letter on behalf of the Town of Queensbury requesting that DEC Region Five look at a project which would start from the Village of Corinth both sides of the river, through Corinth, out into the center part of Queensbury, as a corridor park to perserve land. Would like to discuss with neighboring communities the opportunity to preserve this piece of land. OPEN FORUM 8:15 P.M. Michael Huntley-Arberger Road, Queensbury. Spoke to the Board regarding installation of street lights on his street. Asked board if a canopy could be put on the lights to prevent them from shining in his home at night. Supervisor Brandt -Stated that his office would be happy to work with him and Niagara Mohawk to resolve this problem. OPEN FORUM CLOSED 8: 17 P.M. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 66, 1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Audit of Bills appearing on the Abstract of January 20th, 1992 and numbering 91- 657400 through 91-659700 and 92-000100 through 92-038000 and totaling $348,284.28 is hereby approved. Duly adopted this 20th day of January, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent: Mr. Caimano RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 67, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby moves in to Executive Session to discuss personnel. Duly adopted this 20th day of January, 1992, by the following vote: All in Favor: Ayes Anyone Opposed: None Absent: Mr. Caimano No further action taken. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury