Loading...
1992-03-02 REGULAR TOWN BOARD MEETING MARCH 2, 1992 7:05 P.M. MTG#21 RES 142-161 BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Pat Crayford, Kathleen Kathe, Harry Hansen PRESS Channel 8, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER PUBLIC HEARING NOTICE SHOWN Local Law General Exceptions Supervisor Brandt-Asked Town Attorney Dusek to briefly explain this local law. Town Attorney Dusek- Stated that this basically revises the provisions concerning exemptions for lots in the Town of Queensbury. The Board, I'm sure will recall there was a problem whereby it was found that lots that the Town thought were exempt were not actually exempted under the law and people were coming in for variances from setbacks, lot size, area size the whole works. The exemption that was in the statue was set to expire three years from October 1st, 1988 which made that October 1st, 1991. What the Board is essentially doing in every area outside of the Adirondack Park and critical environmental area it is extending the time period to four years, originally three years now extending it to four and it's my understanding the Board will be taking another look at this section in the extra time that it's been provided with as a result of this amendment. Public Hearing Opened 7:07 p.m. Supervisor Brandt-If there is anyone here to speak on this come on forth and talk to us. For the matter of public record will you please sit over here and tell us your name and tell us anything you want about this. Shall we leave the public hearing opened and continue? Town Attorney Dusek-It is at the discretion of the Board you would want to close it at some point tonight, but you could leave it open a little longer if you wanted to. Councilman Caimano-Do we have some correspondence from Dave Hatin and Pat Crayford. Supervisor Brandt-There was some correspondence Pat and Dave which basically said, Pat your here. Councilman Caimano-Do you want to come forward and talk to us. Pat Crayford-I didn't bring it with me. The correspondence that Dave and I gave to you is what we would like for you to consider before October before the four year extension is up. Possibly have a work session maybe within a month and a public hearing in August so we're ready for October so this three or four years doesn't sneak up on us. Supervisor Brandt-And it was basically a recommendation that we extend it permanently instead of year by year... Mrs. Crayford- That's correct. Supervisor Brandt-And exempt all of those lots forever, right? Mrs. Crayford-Yes. Supervisor Brandt-Which I thought made sense as I read the letter. Is there anyone else that wants to comment on this one year extension that's in front of us as a local law? Town Attorney Dusek-I just realized that I mis-spoke earlier when I said it applied everywhere except the Adirondack Park and critical environmental areas, it applies every where except the Adirondack Park, I should not have said critical environmental areas. Councilman Monahan-I thought we did meet that exclusion for critical environmental areas. Town Attorney Dusek-Not for this one. Supervisor Brandt-If there is no comment then I will close the public hearing. Public Hearing Closed 7: 10 p.m. RESOLUTION TO ENACT LOCAL LAW NUMBER 3, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179, ARTICLE X, THEREOF, ENTITLED "GENERAL EXCEPTIONS" RESOLUTION NO. 142,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury, Chapter 179, Article X, thereof, entitled "General Exceptions", which local law shall amend ~ 179-77 - Exemption for lots in approved subdivision, and WHEREAS, a copy of the proposed local law entitled "A Local Law Amending the Code of the Town of Queensbury, Chapter 179, Article X, thereof, Entitled 'General Exceptions''', has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on March 2, 1992, a public hearing with regard to this local law was duly conducted, and WHEREAS, the Planning Board of the Town of Queensbury has submitted a report and recommendation regarding said proposed local law, and WHEREAS, the Warren County Planning Board approved the proposed local law at its February 13,1992 Board Meeting, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the proposed local law and amendment and revision to the Zoning Chapter of the Code of the Town of Queensbury will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the effects of said local law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury finds that the proposed revision and amendment to the Zoning Chapter of the Code of the Town of Queensbury generally extends the time during which qualifying lots in the Town of Queensbury will be exempt from certain Town Zoning Ordinance provisions, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed local law to amend the Code of the Town of Queensbury, Chapter 179, Article X, thereof, entitled "General Exceptions", which local law shall be known as Local Law No.3, 1992, the same to be titled and contain such provisions as are set forth in the copy of the proposed local law presented at this meeting, and BE IT FURTHER RESOLVED, that, pursuant to the requirements of Article XIII of Chapter 179 of the Code of the Town of Queensbury, and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said Local Law be published in the Glens Falls Post Star and obtain an Affidavit of Publication, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law, and that said Local Law will take effect immediately and as soon as allowable under Law, and any part of Chapter 179 of the Code of the Town of Queensbury thereof, entitled "Zoning", which is inconsistent with said Local Law shall be deemed amended or repealed. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None LOCAL LAW NO.: 3,1992 A LOCAL LAW AMENDING THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 179, ARTICLE X, THEREOF, ENTITLED "GENERAL EXCEPTIONS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Chapter 179 of the Code of the Town of Queensbury is hereby amended to amend or modify certain provisions set forth in Article X, Section 179-77 as follows: "~ 179-77. Exemptions for lots. Any provisions in this chapter which establish or increase lot areas and dimensions or requirements, including but not limited to setback lines, frontage requirements, new lot width restrictions, density regulations and yard requirements, which are greater than or in excess of the lots areas or lot dimensions required for any lots lawfully existing on September 30, 1988, shall not be applicable or in any way affect said lots for a period of three (3) years from October 1, 1988, except in areas outside the Adirondack Park where said requirements shall not be applicable for a period of four (4) years from October 1, 1988. The lot area and dimensional requirements set forth in an ordinance of the Town of Queensbury adopted in 1982 shall be applicable until the expiration of the aforementioned three-year time period in the Adirondack Park, and four (4) years in other areas of Town, whereupon the provisions of this chapter shall be then applicable or controlling. " Section 2. This Local Law shall take effect immediately. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 143,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of January 27th and 30th, 1992 and February 3rd, 5th, 10th, 11th, 13th, 1992. Duly adopted this 2nd day of March, 1992, by the following vote: All Those in Favor: Ayes Anyone Opposed: None Absent:None Abstain: (Mrs. Goetz-Jan 27th, 30th, Feb. 3rd, 5th) RESOLUTION PROVIDING FOR REVISED PURCHASING PROCEDURES RESOLUTION NO.: 144,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is, desirous of revising its purchasing procedures and also adding additional procedures for those times when bidding is not required by law, and WHEREAS, effective January 1, 1992, General Municipal Law Section 104-b- Procurement Policies and Procedures provides that the governing board of every political subdivision and any district therein, by resolution shall adopt internal policies and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of Section 103 of the General Municipal Law, and WHEREAS, paragraph 3 of said General Municipal Law Section 104-b provides that comments concerning the policies and procedures shall be solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of policies and procedures, from time-to-time thereafter, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to circulate the proposed purchasing procedures to all department heads of the Town of Queensbury with the notation added that the policies will be considered for adoption by the Town Board of the Town of Queensbury on the 16th day of March, 1992. Duly adopted this 2nd day of March, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Discussion Held Before vote: A discussion was held the following changes were made to the Purchasing Procedures proposal. Page 1, General Rules Applicable to Purchase, 5th paragraph should read: All contracts for professional services require Town Board approval before retentions of said services. Page 2, Special Rules Applicable to Purchases, Number 2, should read For this category of purchase, the Town Board may require bidding, of not less than two (2) alternative quotes. Number 3, should read, Purchases for $1,000 up to $5,000 shall require written proof of not less than two alternative quotes from suppliers, and prices....Page 2, Number 6, bottom of paragraph should read, This Purchase Order is subject to the above purchasing rules numbered 1 through 5, as well as the General Rules. RESOLUTION REGARDING EMPLOYEE BENEFITS AND EMPLOYER POLICIES RESOLUTION NO.: 145,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of setting forth, in this resolution, the terms and conditions of employee benefits and employer policies for all non-union, Town of Queensbury officers and employees, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and sets forth the following terms and conditions of employee benefits and employer policies: A. VACATION: After one year of continuous service, non-union, full-time officers and employees shall be granted vacation as follows: 1-4 years of employment.....................1O days 5-9 years of employment.....................12 days 10 years of employment.....................15 days 11 years of employment.....................16 days 12 years ofemployment.....................17 days 13 years of employment.....................18 days 14 years of employment.....................19 days 15 years of employment.....................20 days (working) (working) (working) (working) (working) (working) (working) (working) Vacation credit for each year of employment shall be deemed granted on first anniversary date one year after the date hired and each yearly anniversary thereafter. All vacations shall be scheduled in advance by the Department Head and must be taken within 12 months after granted. Vacation days may not be accumulated or carried over from year to year, nor will there be payment in lieu of or for unused vacation days. Vacation time requires prior approved by the Department Head. Department Heads' vacation requests must have prior approval from the Town Supervisor. B. OVERTIME COMPENSATION: 1. The following positions shall not be eligible for overtime compensation: Administrative Assistant Assessor Assistant Director of Parks & Recreation Budget Officer Building & Grounds Superintendent Cemetery Superintendent Deputy Highway Superintendent Deputy Supervisor Deputy Town Clerk Deputy Water Superintendent Director of Accounting Director of Building & Codes Director of Parks & Recreation Health Officer Historian Parts Shop Foreman Purchasing Agent Real Property Tax Service Assistant Receiver of Taxes Secretary Supervisor/Community Assistant Solid Waste Facility Operator Wastewater Director Water Superintendent. 2. Daily time sheets shall be required for all officers and employees except elected officials. Leave Request/Report Forms must be used to take sick time, personal time, holiday, vacation, bereavement, or "other" approved leave. The leave forms shall be signed by the Department Heads. Department Heads' leave forms shall be signed by the Supervisor. C. PART - TIME EMPLOYEES/BENEFITS: 1. Part -time employees shall be defined as permanent employees hired after the date of the adoption of this policy working 20 hours or more but less than full-time and will be granted vacation, sick- time, personal days, floating holidays, holidays, and bereavement equal to one half of those days and that amount of time normally granted to full-time employees except that if a holiday falls on a day the employee is not scheduled to work, such employee will not be granted any additional compensation. 2. Health and Major Medical Insurance, Dental and Prescription and other types of insurance, shall not be offered or made available to part-time employees, except as may be required by law. D. TEMPORARY AND/OR SEASONAL EMPLOYEES: Temporary and/or seasonal employees shall be defined as employees working seasonally or less than 20 hours per week and shall be granted no vacation, sick-time, personal days, floating holidays, holiday pay, or bereavement time or pay and shall not be offered or entitled to health and major medical insurance, dental, prescription, or other types of insurance available through the Town of Queensbury, except as required by law. E. TOWN-OWNED MOTOR VEHICLES. All vehicles will be parked at their base of operations, at the end of each day unless authorized by the Town Board. F. CAUSES FOR DISCIPLINARY ACTION AND/OR IMMEDIATE SUSPENSION, DISCHARGE OR DISMISSAL. 1. (A) Bringing liquor or other alcoholic beverages or illegal, non-prescription drugs into Town buildings, motor vehicles, or upon Town work-sites, or the consumption of alcohol or illegal, non-prescription drugs during work hours (or the normal work-day for your position) is not allowed, and will result in disciplinary action. Any officer or employee shall not report for work with ability impaired because of the use of alcohol or illegal, non-prescription drugs, and if so reporting, shall not be permitted to work, and shall be subject to disciplinary action. (B) Violation of State or Local Laws relating to controlled substances or alcohol will not be tolerated, and will result in disciplinary action. (C) Whether ability is impaired because of alcohol may be verified by a sobriety test and refusal to take the sobriety test shall establish a presumption of ability impaired by said alcohol. 2. Intentional or repeated falsification of any Town report, time-card, or other information will not be tolerated and will result in disciplinary action. 3. Violation of any policy under this provision F shall be cause for discharge or dismissal and disciplinary action may include reprimand, a fine in an amount not to exceed $100.00, immediate suspension, without pay for up to two months, demotion, permanent discharge, or dismissal from employment. G. SAVINGS CLAUSE. If any provision of this policy is declared invalid or unenforceable by a Court of law and record in New York State, the remainder of this policy shall be considered in full force and effect and treated as if the invalid or unenforceable provision were deleted therefrom. H. EXCEPTIONS. 1. The terms and conditions of the aforesaid benefits and policies shall accrue to the benefit of and apply to all non-union officers and employees of the Town of Queensbury, except that the benefits referred to above shall not apply to those officers or employees who are appointed by the Town Board in accordance with State Laws and who have a definite term of office under State Law. These officers or employees shall have such benefits as agreed to at the time of appointment, and to the extent that the particular benefits described hereinabove were not discussed or agreed to, said officers or employees shall have such benefits hereinabove referred to or typically granted to employees. 2. Current, permanent, part-time employees who are receiving health insurance benefits shall not be effected by the above-described policy concerning the availability of health insurance benefits to part-time employees, so long as said part-time employees are in the continuous employment of the Town of Queensbury. In the event that said employees' employment should terminate for any reason, the employee's entitlement to said benefits will terminate in the same manner as any other full-time non-union employees' benefits would terminate upon termination of employment, and in the event that said part -time employee returns to employment with the Town, he or she will be considered a new employee and subject to the above-referenced policy on health insurance benefits. 3. With regard to the vacation policy set forth above, any officer or employee granted the privilege of carrying over vacation days from the year of work prior to the adoption of this resolution and who on the date of this resolution has not used all such vacation days, shall be allowed to take such unused vacation time before the expiration of that officer or employee's current year of service, provided further, however, that the said officer or employee shall not be allowed to further continue to carry vacation time after said current year of service. I. EFFECTIVE DATE. The terms and provisions of this resolution shall take effect immediately, and the terms and provisions hereof shall be controlling regardless of any prior conduct or informal expressions of policy by any officer, employee, or board of the Town of Queensbury. J. POLICIES. DISTRIBUTION OF NOTICE OF EMPLOYEE BENEFITS AND EMPLOYER The Town Supervisor shall, and is hereby authorized to distribute a copy of this resolution and policy set forth therein to the employees of the Town of Queensbury in such manner as he shall deem appropriate, and provide notice to the employees. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None AB SENT: Absent Discussion Held Before Vote: A discussion was held the Board agreed to the following changes: Overtime compensation it was the Board's decision to pull the following titles from the list Acting Fire Marshal, Bookkeeper, Highway Superintendent, Senior Planner, Supervisor, Town Attorney, Town Board, Town Clerk, Town Justice, Zoning Administrator. Page 2, number 2, should read, Daily time sheets shall be required for all officers and employees except elected officials. Page 3, number 1, Part-time Employees/Benefits, delete the number 17, it should read working 20 hours or more but less than full-time. Supervisor Brandt noted that there were no policies every established by the Board for employees other than union employees, noted this is an attempt to establish certain rules. Noted one of the goals is that in the future when they hire part-time permanent employees that they will not get health benefits. Town-Owned Motor Vehicles it should read- All vehicles will be parked at their base of operations, at the end of each day unless authorized by the Town Board. Councilman Monahan-Asked to have her statement included in the record. I am very concerned about the overtime provision. Some of the people holding these positions were hired for stated hourly weeks and some were hired knowing that non-paid overtime would be required and salaries were set accordingly to each of these different types of situations. I'm also concerned about the legality of no overtime for some of these positions which has probably been right now satisfied by the ones we've taken out and therefore would ask that accurate time cards be kept. I'm also concerned that certain employees will be working inordinate amount of overtime in comparison to other salaried employees. I can also see the potential of abuse of this provisions re: discrimination and harassment. RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS IN RELATION TO SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESOLUTION NO. 146,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury intends to seek funding through the Small Cities Community Development Block Grant Program, and WHEREAS, the Town intends to prepare and file an application for FY-92 HUD Small Cities Funds, and WHEREAS, the Town is soliciting proposals from qualified consultants pursuant to Attachment 0 of the Office of Management and Budget (OMB) Circular A-102 to provide assistance with the preparation and submission of the application and initial program development activities required following grant approval and program implementation assistance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes the release of Request for Proposals. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None Discussion Held Before Vote: A discussion was held it was agreed by the Board to add an additional clause to the Request for Proposal on Page 3 as Number 8-Additional Information-Any Consultant selected by the Town Board in connection with this proposal shall be required to enter into a contract with the Town which may provide for or address, among other things: Acknowledgement that Consultant is an independent contractor, specified billing format including completion of Town vouchers, schedule of work to be completed, review of work with Town Officials and reports as necessary, nonassignment of duties, Town use of work products, payment due in the event of early termination of services, and record keeping requirements. Councilman Monahan noted that she would like this to be sent to the Warren County Planning Department. RESOLUTION SETTING PUBLIC HEARING ON A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 100 TO BE ENTITLED, "INSURANCE," WHICH CHAPTER SETS FORTH THE PROCEDURE TO BE USED BY THE TOWN OF QUEENSBURY WHEN SELECTING OR CHANGING INSURANCE BROKERS, AGENTS, COMPANIES, AND/OR TYPES OF COVERAGE AND/OR LIMITS OF COVERAGE RESOLUTION NO. 147,92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, A Local Law to Amend the Code of the Town of Queensbury by Adding a New Chapter 100 to be entitled, "Insurance," which Chapter sets forth the procedure to be used by the Town of Queensbury when selecting or changing insurance brokers, agents, companies and/or types of coverage and/or limits of coverage, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, 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.m., on the 16th day of March, 1992, to consider the Local Law described in the preambles hereof, 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 hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law, in the manner provided by law, and BE IT FURTHER RESOLVED, the Town Board hereby determines the action proposed hereby is a Type II Action under SEQRA. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO CONDUCT SHAMROCK SHUFFLE 5 MILE ROAD RACE RESOLUTION NO. 148,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Adirondack Runner Club has requested permission to conduct a Shamrock Shuffle 5-Mile Road Race as follows: SPONSOR: The Adirondack Runners Club EVENT: SHAMROCK SHUFFLE 5 MILE ROAD RACE DATE: March 15, 1992 PLACE: Beginning and ending on Quade Street (Letter and map regarding location of run attached), NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby gives permission to the Adirondack Runners Club to hold the Shamrock Shuffle 5 Mile Road Race in the Town of Queensbury, as proof of insurance has been received (attached), and BE IT FURTHER RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING THE RETAINING OF MILLER ASSOCIATES TO PROVIDE ARCHITECTURAL DESIGN WORK FOR TOWN PARKS INTRODUCED BY: Mr. Michel Brandt SECONDED BY:Died For Lack of Second Discussion Held Councilman Monahan-Asked for the Board to hold this resolution. Noted that it would be nice if a neighborhood meeting was held first to see if this is what the neighbors would like before they hire anyone. Harry Hansen-Director of Parks and Recreation-Noted that last year the commission wanted to get these parks started so they went out and look at an architect and Mr. Miller gave them the plans and they were evaluated and went to the Town Board in October with this recommendation. Noted that this doesn't mean the commission can't sit down and talk to the neighbors to ask what they would like. Supervisor Brandt-Asked if this was part of Mr. Hansen's budget? Mr. Hansen-Noted that this is not in his operating budget, but in the subdivision funds. Councilman Monahan-Noted she is uncomfortable with going ahead and spending money before plans have been out to the public and they've had a chance to comment on them. Councilman Tucker-Asked where the money would come to do this. Mr. Hansen-Subdivision accounts. Noted this was earmarked and that this was the original priority for the commission and for the subdivision money. RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR ENGINEERING TECHNICAL SERVICES TO QUEENSBURY PLANNING BOARD AND PLANNING DEPARTMENT RESOLUTION NO. 149,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury intends to request proposals from professional engineering firms for the purpose of providing engineering technical services to the Queensbury Planning Board and the Planning Department pursuant to the attached REQUEST FOR PROPOSAL, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes the release of Request for Proposals. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None Discussion Held Before Vote: A discussion was held the Board agreed to make changes to the Request for Proposal as follows: Page 2, add Number 8 to read, The engineering consultant will meet and discuss specific project with the applicant or his agent as directed by the Town. RESOLUTION AUTHORIZING THE RETAINING OF SANITARY SEWER SERVICE (DIVISION OF G. P. DRELLOS, INC.) FOR EMERGENCY CALL-IN COVERAGE RESOLUTION NO.: 150,92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of retaining the services of Sanitary Sewer Service (Division of G. P. Drellos, Inc.) for emergency call-in service, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to retain the services of Sanitary Sewer Service for emergency call-in service, at an amount not to exceed $4,500.00 (letter containing fee schedule from Sanitary Sewer Service, dated January 16,1992, attached), the Contract to contain such revisions and additions and be in such form as the Town Attorney and Town Supervisor shall deem appropriate, and BE IT FURTHER, RESOLVED, that the bill for services shall be paid from Account No.: appropriate Wastewater Account. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES:None ABSENT:None Discussion Held Before Vote: Councilman Monahan-Noted that she wanted it clarified that the hourly rate given is an hourly rate it is not to have any overtime added to it that it is a straight time regardless of when. RESOLUTION TO ACCEPT BIDS FOR 1992 OFFICE SUPPLIES RESOLUTION NO. 151,92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for specified office supplies, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Mico Business Products has submitted the lowest bid for the aforementioned office supplies in the total amount of $618.30, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids for the aforementioned office supplies to Mico Business Products, and BE IT FURTHER, RESOLVED, that said supplies are to be paid for from the General Office Supplies Account. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES:None ABSENT:None RESOLUTION REGARDING PURCHASING PROCEDURES RESOLUTION NO. 152, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Director of Purchasing for the Town of Queensbury has duly advertised for bids for specified office supplies, and WHEREAS, the Town Board of the Town of Queensbury has awarded the bid to Mico Business Products, and WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a directive concerning the manner in which all departments and districts in Town will purchase the types of office products which will be supplied to the Town by Mico Business Products, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby directs that all departments within the Town of Queensbury shall arrange to receive their office supplies that are available through the Clerk's Office as a result of this purchase from Mico Business Products from the Town Clerk's Office and it is further directed that in the event that there are any special districts receiving offices servicing special districts receiving products that they shall be charged back for the products received from the Town Clerk's Office. Duly adopted this 2nd day of March, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None RESOLUTION TO APPOINT MEMBER TO PLANNING BOARD RESOLUTION NO. 153, 92 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Town of Queensbury has previously established the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Corrine J. Tarana to serve as a member of the Planning Board, to fill the unexpired term of Nicholas Caimano, said term to expire on 10/1/93. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES:None ABSENT:None RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS RESOLUTION NO. 154,92 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Fred A. Carvin to serve as a member of the Zoning Board of Appeals, said term to expire on 9/14/96. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Nick Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES:None ABSENT:None RESOLUTION TO APPOINT MEMBER TO ZONING BOARD OF APPEALS RESOLUTION NO. 155, 92 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Town of Queensbury has previously established the Zoning Board of Appeals, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Marie Paling to serve as a member of the Zoning Board of Appeals, to fill the unexpired term of Susan Goetz, said term to expire on 2/25/93. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES:None ABSENT:None RESOLUTION TO APPOINT MEMBER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.156, 92 INTRODUCED BY: THE ENTIRE TOWN BOARD WHEREAS, the Town of Queensbury has previously established the Board of Assessment Review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Paul 1. Davidson to serve as a member of the Board of Assessment Review, to fill the unexpired term of C. Powell South, said term to expire on 9/30/95. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES:None ABSENT:None RESOLUTION TO APPOINT MEMBER TO BEAUTIFICATION COMMITTEE RESOLUTION NO. 157,92 INTRODUCED BY: THE ENTIRE TOWN BOARD BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Noel Harding and Marcel 1. Demers to serve as members of the Beautification Committee, with no set term. Duly adopted this 2nd day of March, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Councilman Caimano-Noted that the Town received approximately thirty five request to serve on the boards, interviewed seventeen to twenty people, we are thankful for the response we received. Councilman Goetz-Has received a petition from Bill Duell of South Queensbury, submitted this to Town Clerk. Requested the State to reconsider the speed limit on Queensbury Avenue reduce it to 40 m.p.h. from Dix Avenue north, one and a half miles towards Hicks Road, accident report attached. Town Clerk-Read petition into record. We the residents of Queensbury Avenue north ofDix Avenue request that the 55 m.p.h. speed limit be reduced to 40 m.p.h. for 1 1/2 miles north ofDix Avenue. In the past year alone there has been three accidents at the Dix Avenue/Queensbury Avenue intersection. Two of the accidents resulted in personal injury, and the third was a double fatality. Increased truck traffic from the industrial park is another reason for this request. RESOLUTION REQUESTING LOWER SPEED LIMIT RESOLUTION NO. 158, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, The Town Board of the Town of Queensbury is desirous of petitioning for a review of the speed limit on Queensbury Avenue, NOW THEREFORE BE IT RESOLVED, the Town Supervisor and the Town Clerk are hereby authorized to complete and submit all necessary forms to request that Warren County in turn request that New York State DOT review the speed limit on Queensbury Avenue from the intersection of Queensbury Avenue and North Dix Avenue to a point approximately one and a half miles from that intersection, and BE IT FURTHER RESOLVED, that upon review of the speed limit the Town Board based upon the petitions that it has received a copy of which are to be sent to Warren County and DOT hereby request that DOT seriously consider granting a reduction in the speed limit from 55 m.p.h. to a minimum of 40 m.p.h. Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None Councilman Goetz-Asked the status of the local law for the establishment of the Zoning Board as a seven member board? Town Attorney Dusek-Noted that the Board has until July 1st, 1992 to get this done, hopes to have it down within the next month. Councilman Goetz-Asked the status of the Code of Ethics bringing this to public hearing? Town Attorney Dusek-Noted it was agreed by the Board to have copies available on March 12th. Councilman Goetz-Asked the status of the needed proposed changes in the pool and fence regulations? Town Attorney Dusek-Stated he received that request last week, would anticipate having something prepared for the Board for consideration at next regular meeting. Councilman Goetz-Asked the status of inspections of marina facilities and lack of enforcement? Supervisor Brandt-Noted that he has sent information to Building and Code Enforcement, but did not ask for an answer to this, will check the status... Councilman Goetz-Asked Town Attorney Dusek to review the noticing requirements for the Town Board, Planning Board when it comes to rezoning matters. Town Attorney Dusek-Noted as it currently stands. your primary operating statue is the Town Law and the Zoning Ordinance. When the rezoning proposal comes before the Town Board for the first time the Town Board in turn, does not necessarily required by law that they send it to Planning Board for a preliminary review. At that point the Planning Board reviews it, but not for purposes of having a public hearing just to give Town Board input of the proposal. After the Planning Board has offered a preliminary review the matter is then considered again by the Town Board who at that point, you do the SEQRA part first. If SEQRA requires an EIS then you have to go through the whole process, if it doesn't then you end it with a negative declaration. At that point then the Board sets a public hearing which is usually set about a month or so off to give plenty of time to give notice to everybody in terms of press and also to allow circulation to Warren County Planning and other agencies that have to then do their review. In addition to notice there is also a notice that is frequently sent, not required by law, but a notice that the Town Board has sent out within 500 feet of all properties affected by the rezoning so they get notice of the public hearing. In the rezoning process there is only one public hearing usually required and that is before the Town Board unless you get into the environmental impact statements and there maybe more than one in that event. Councilman Monahan-Noted she thinks this is something the Board has to look at to see if in fairness to constituents we should change some of the procedure that we're doing. Councilman Goetz-Noted that the last Town Board informally committed to putting sidewalks in, in South Queensbury from the Ciba-Geigy location up to the Village of Hudson Falls line, asked for a sidewalk workshop, board to meet March 23rd. Asked about the status of the light at Lafayette and Quaker Road? Councilman Caimano- Noted Mr. Austin is to contact him. Has talked to Fred Austin's office about the stop sign at Aviation and West Mountain Road. Stated Paul Naylor has talked about putting flashing lights on the stop signs that draws the eye and causes people to stop. Supervisor Brandt-Asked the Board how they wanted to proceed on the three rezonings of Tom Farone, Herald Square... Councilman Monahan-Noted she thinks that there is no problem with Herald Square and that it could be sent to the Planning Board. Supervisor Brandt-Noted that he would like to start the process of these rezonings. Town Attorney Dusek-Noted he has two outstanding contracts with regard to the American Legion and Veterans of Foreign Wars, noted they need a monetary amount. Supervisor Brandt to work with Town Attorney on this matter. Keith Laake-Cost Control Associates. Presented to the Board his cost saving proposal for auditing Niagara Mohawk and New York Telephone bills. COMMUNICATIONS Town Clerk-Stated that the Edwards, Williams, McManus report for 1991 Annual Report is on file in Town Clerk's Office. DISCUSSION-ASSESSMENT Discussion held on the revaluation of assessments of the Town. It was agreed by the Town Board not to do the revaluation at this point in time. The following resolution was passed. RESOLUTION TO RESCIND RESOLUTION NO. 107, 1991 RESOLUTION NO. 159,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano I offer the resolution that we withdraw from the revaluation program that our budget provides for and that our Assessor strongly recommends that we do. In fact she said clearly that she wanted on the record that she is totally opposed to withdrawing from that. I am going to offer that as a resolution to start the official dialogue here so we make a decision and get on with this. This is my resolution to rescind that resolution. Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: Mrs. Monahan Absent:None OPEN FORUM 9:20 P.M. John Goralski-Richard E. Jones Associates, representing General Mills Restaurants, Red Lobster. Requested that the Town Board set a public hearing for Red Lobster. Supervisor Brandt -Asked about the Department of Transportation Study was this something that was requested? Mr. Goralski-Noted Planning Department received letter from DOT, will need a work permit from them for road cut onto Aviation Road, they have asked to look at the traffic study. Councilman Monahan-Questioned if the clients have looked for alternative sites in Town? Mr. Goralski-Noted that he has been retained by the client to pursue permits for this site and project, noted that an informational meeting was held with neighbors surrounding the site. It was the decision of the Town Board to set a tentative public hearing for April 14th, 1992 at 7:00 p.m. Notices will be sent out to property owners within 500 feet and any additional notices if information is received from neighborhood association. Mr. Dan Olson-Questioned the Board about the letter from Department of Transportation the traffic study, asked if this was requested or recommended. Councilman Monahan-Noted that Red Lobster did a traffic study and this has been forwarded to the Town who has forwarded to agencies involved. Mr. John Salvadore-Questioned the Board on the Small City Block Grant Program, asked how the Town of Queensbury qualified as a small city. Supervisor Brandt-Noted that the Boards have done these in the past as a Town. Stated this is a federal program if you qualify you can get federal monies through the program. Mr. Salvadore-Questioned the Board about the status ofDEC Phase II investigation oflandfill groundwater? Supervisor Brandt-Noted that an answer has not been received yet still awaiting decision from DEC. Mr. Salvadore-Questioned the Board about the onsite sanitary wastewater disposal systems in North Queensbury and about the stormwater runoff system. Supervisor Brandt-Noted he has met with the Lake George Park Commission on this matter. Discussion was held it was discussed that the Town's Building Dept. would work this in between other jobs. The Town does not have the staff funding to write an ordinance for stormwater runoff at this time, asked that the commission work with the town on this matter. Mr. Salvadore-What kind of permit would be obtained to operate this system. Supervisor Brandt-Noted that the operation permits being issued for anyone who is not in compliance is a three year temporary period. The ones that are in compliance are getting five year permits. Mr. Salvadore-Questioned the Board about the report that was written in 1989, whereby Town Code Enforcement Officer and Health Officer participate in inspections, noted that these regulations haven't been implemented yet. Supervisor Brandt-Noted that this report was sent to Dave Hatin, will contact Dave to find out the status of this. Mr. Salvadore-Asked the status of the Town road across his property along the lakeshore? Town Attorney Dusek-Noted that he is researching this matter, should have an answer probably in three weeks. Mr. Salvadore-Questioned the Board about requests for zoning and spot zoning. Supervisor Brandt -Stated that the requests that came before the Board earlier are for rezoning, noted the more requests received the more you have to question basic zoning. Would like to address this matter of rezoning at some future date, but the ones discussed earlier were left over by the former Town Board. Mr. Salvadore-Spoke to the Board on his opposing the hiring of independent engineers to review projects for the Town, feels it's time to reconsider the subject of a Town engineer. Richard Dallek-Queensbury. Questioned the Board as to what percentage of dumping garbage deals with ash. Presented to the Board an article concerning the usage of ash from incinerators to replace aggregate in concrete and asphalt. OPEN FORUM CLOSED 10: 15 P.M. RESOLUTION APPROVING AUDIT RESOLUTION NO. 160, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the abstract appearing on March 2nd, 1992 and numbering 92091300 through 92097400 and totaling $1601139.10 is hereby approved, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury pulls voucher number 92000968-Malcolm Pirnie from the abstract of March 2nd, 1992 for further reviewto be released by the Supervisor. Duly adopted this 2nd day of March, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt Noes: None Absent:None Abstain:Mr. Caimano on vendor #127 G.F. Newspaper Mrs. Monahan on number 0004530 due to contractual relationship. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 161 INTRODUCED BY: MR. PLINEY TUCKER WHO MOVED FOR ITS ADOPTION RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel, potential litigation. Duly adopted this 2nd day of March, 1991, by the following vote: All those in Favor: Ayes Anyone Opposed: None Absent: Mr. Brandt On motion, meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury