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1992-08-10 TOWN BOARD MEETING AUGUST 10,1992 7:00 p.m. MTG. 79 RES. 426-433 TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Town Attorney Paul Dusek PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TUCKER Supervisor Brandt-Opened the meeting- Noted that there will be a special town board meeting at 4:00 pm tomorrow regarding a presentation from a company on the use of landfill ash... RESOLUTIONS RESOLUTION APPROVING TOWN BOARD MINUTES RESOLUTION NO. 426, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board Minutes of July 15th, 20th and 27th be and hereby are approved. Duly adopted this 10th day of August, 1992 by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mrs. Monahan on approval of minutes of7/20/92 RESOLUTION AMENDING RESOLUTION NO.: 417,1992 REGARDING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS REGARDING 1. BUCKLEY BRYAN, JR., REZONING RESOLUTION NO.: 427, 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.: 417,1992, approved the filing of a Declaration of Covenants, Conditions and Restrictions for certain property owned bearing tax map no.: 73-1-22, and is desirous of amending and supplementing said resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to execute the Declaration of Covenants, Conditions and Restrictions, and to place the seal of the Town of Queensbury on said Declaration, if necessary, and take all such other and further steps to execute any other further documents and place the seal on thereof for filing purposes. Duly adopted this 10th 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 AMEND 1992 BUDGET RESOLUTION NO.: 428, 92 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 Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: TOWN CLERK: FROM: TO: AMOUNT: 001-1410-4400 001-1410-2032 $ 1,200.00 (Misc. Contractual) (Software) 001-1410-4400 001-1410-2001 $ 440.00 (Misc. Contractual) (Misc. Equipment) TAX RECEIVER: FROM: TO: AMOUNT: 001-1410-4400 001-1330-2001 $ 209.00 (Misc. Contractual) (Tax Receiver, Misc. Equipment) ASSESSOR: FROM: TO: AMOUNT: 001-1355-4400 001-1355-4220 $ 200.00 (Misc. Contractual) (Education & Training) Duly adopted this 10th 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 INTERFUND ADVANCES RESOLUTION NO. 429, 92 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 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 10th day of August, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AUTHORIZE TOWN SUPERVISOR TO EXECUTE AMENDED PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AGREEMENT RESOLUTION NO.: 430,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Sanitary Sewer System of the Pershing-Ashley-Coolidge Sewer District within the Town of Queensbury is connected to the Sanitary Sewer System of the City of Glens Falls for the purpose of treatment and disposal of sewage waste generated within the Pershing-Ashley-Coolidge Sewer District, and WHEREAS, the City of Glens Falls through the Board of Water and Sewer Commissioners and the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, have hereinbefore entered into a contractual agreement for the service provided by the City of Glens Falls in treating and disposing of the sewage waste generated by the Pershing-Ashley-Coolidge Sewer District, and WHEREAS, the owners ofa parcel no.: 114-7-11, located on 13 Ashley Place, have requested that their parcel be allowed to use the sewer facility, and WHEREAS, an Amended Agreement has been negotiated between the City of Glens Falls and the Town Board of the Town of Queensbury, which proposed Amended Agreement has been presented at this meeting, and will amend or supplement the previous Agreement dated January 1, 1992 to provide that one (1) additional residence shall be provided for in Schedule A, and WHEREAS, a review of said Amended Agreement discloses that the proposed Amended Agreement is fair and equitable in all respects and that the one (1) additional name to be added to Schedule A is added in compliance with the Agreement dated January 1, 1992, and it is in the best interest of the Pershing-Ashley-Coolidge Sewer District to enter into the proposed Amended Agreement with the City of Glens Falls, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, approves, on behalf of the said Sewer District, the proposed Amended Agreement presented at this meeting in the present form thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be authorized and directed, on behalf of the said Sewer District, to execute said Amended Agreement and that the Sewer District be bound by the terms and conditions of the Agreement upon the execution thereof by the Town Supervisor. Duly adopted this 10th day of August, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CORRECTION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RESOLUTION NO. 431, 92 INTRODUCED BY: Mr. Nick Camiano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury previously rezoned a parcel ofland in the Town of Queensbury located near or adjacent to Corinth Road, and bearing Zoning Map Book No. 148- 1-7.1, and WHEREAS, as part of the zoning, a Declaration of Covenants, Conditions and Restrictions was required to be filed and same were, in fact, filed and previously corrected during 1990, and WHEREAS, the Town Board has been advised that the Corrected Declaration of Covenants, Conditions and Restrictions contains an error in that the Tax Map Numbers referred to as rezoned erroneously refer to 148-1-7.2 when, in reality, the same should refer to 148-1-7.3, and WHEREAS, the Town Attorney has advised that this modification to the Correction of Declaration of Covenants, Conditions and Restrictions is for purposes of correcting the same to make it consistent with what the intent of the parties and resolutions were, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the revised Correction Declaration of Covenants, Conditions and Restrictions presented at this meeting, and hereby further determines that, under the circumstances, a public hearing is not necessary, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the revised Correction Declaration of Covenants, Conditions and Restrictions on behalf of the Town of Queensbury and to place the seal of the Town of Queensbury on said document, if necessary, and to complete, execute and place the seal on any other documents that may be necessary in order to file the revised Correction Declaration of Covenants, Conditions and Restrictions. Duly adopted this lOth day of August, 1992, by the following vote: AYES : Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None DISCUSSIONS Councilman Caimano-Noted we had a letter from Jack Irion, Qsby. school regarding helmets-'Dear Mr. Brandt, Our Board of Education is seriously considering a policy that would require the wearing of appropriate helmet by anyone riding a bicycle on school grounds, especially children,' what he wants from us is a policy that would make it more effective.... Supervisor Brandt -noted that we should stay out of it.. Councilman Monahan-Noted that maybe the Mt. bike organization could do some educational programs...Councilman Goetz-requested that the board answer Dr. Irion... Discussion regarding Fire Dept. physical-it was agreed to by the board to have a resolution by next meeting going with the recommendation of the people who have worked on this... Discussion-River Street sidewalks-Ltr. from Rist Frost noting that the cost for overseeing the project would be $3,850. ...it was suggested to have Rist Frost attend a meeting with the Board and justify the proposed bill... Supervisor Brandt-Set up a Special Meeting for August 20th at 5:00 P.M. Exec. session for Zoning and Ethic Boards... Discussion with Town Attorney a. Traffic light break down regarding costs...Town Attorney, basically the County wants to have the town maintain them, keep them in repair and do whatever you have to do to keep the lights running properly... Councilman Caimano-For 8 - 10 thousand a year we should take them over provided we have control of all of it... agreed to by Councilman Goetz.. .requested that the Town Attorney draft a contract stating such.. b. Crandall Library resolutions to be before the Board on September 14th will be placed in your boxes... c. Town Attorney noted in Code of Ethics Confidential Secretary is exempt asked that Confidential Legal Secretarys also be exempt from the disclosure...agreed to by the Town Board RESOLUTION TO EXEMPT CONFIDENTIAL LEGAL SECRETARIES FROM DISCLOSURE UNDER LOCAL LAW #8 1992 RESOLUTION NO. 432, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz I make a motion the Confidential Legal Secretaries be exempt and hereby authorize a change to be drafted to the local law to exempt Confidential Legal Secretaries from the disclosure. Duly adopted this 10th day of August, 1992 be the following vote: A YES: Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano, Mrs. Monahan d. Discussion regarding the Yaffee appraisal-reviewed the bids received for the appraisal work...two quotes were received... Mr. Caza original bid was for 500. he has written the board that the job turned out to be more than what he was lead to believe so he feels he should be entitled to a further sum, he is asking for 1500....he indicated that he will accept what the board says and he will also still come to court and testify, he is being a professional about the situation... Supervisor Brandt-No one is making a resolution so I believe it is a dead issue... e. Councilman Tucker-Asked about the common driveway issue...Attorney Dusek, that was part of the list of changes that was proposed to the Zoning Ordinance, which we had a public hearing on and are in the works to be redrafted to get back to you on... Mr. Jim Martin-Invited the Board to a workshop on ordinance changes tomorrow night at 7:00 p.rn. Councilman Caimano-Asked the Town Clerk for copies of the fire company audits... Noted that Mr. Brian Granger did ajob for us in the parking lot questioned why the Highway Dept. did not do the job? Noted that the Highway Dept. was not asked to bid, also noted that there were three bids and the low bidder did not get the job, the Clerk was also not involved in this...asked what happened.... Supervisor Brandt-I was also asked about this and checked into the system, the Building and Grounds Supt. handled the whole process and he brought the documentation to me, our internal rules say that for the amount of money involved you have two ways of going, to bid or three competitive prices he chose to go that route...noted that he has made a directive that when going for prices all businesses in Queensbury be invited to make proposals...he lived within our rules...also noted that in the future he will go out to bid on projects.. . noted that the reason that we did not go with the low bid was the way the specification was on the how blending in would be done and the next price up succeeded had a better system and it was the Building & Grounds Supt. opinion it was well worth the $170. difference in price. Councilman Goetz-Ltr. from Mike Shaw-re: Central Qsby. Quaker Road Sewer Dist. properties not connected...he would like direction from the Town Board regarding those that have not hooked up....it was agreed to by the entire board that Mr. Shaw should pursue this and enforce the law... Discussion held with Mr. Parisi Re-organization of Planning, Building & Zoning Mr. Parisi-Passed out informational sheet and flow chart to the Town Board...This would combine the Planning, Zoning and Building Dept. to be known as the Department of Community Development 1. Executive Director-responsible for everything that happens within the unified departments that would include being the principal staff person for the planning and zoning board, being the zoning administrator working with the zoning board of appeals in addition I would meet with applicants for variances looking to mitigating major shopping plaza, residential developments oversee major enforcement proceedings, mitigate when possible between aggrieved parties and a number of other things. Also in charge of budgeting for the consolidated departments and I would be responsible for any interagency referrals that need to be made as part of the zoning ordinance or the subdivision regulation and also for any other things that are in the job description as enumerated by the Town Board. 2. Office Manager-Under Civil Service-Office Specialist-The person that follows through the day by day minute by minute business of getting the right things to the right people.. . rearranging the personnel from Building and Zoning and Planning into a clerical pool, so that as various clerical tasks are needed, there is a certain amount of give and take so that people have shared responsibilities...also responsible for compiling agenda's for the planning board and public notices overseeing the same for the zoning board of appeals directing typical job tasks to appropriate staff people including the executive director the planners the chief building inspector and the three clerk typist that would also be in the depart. Act as a liaison between the executive director and staff members and applicants during periods when the executive director is at meetings or out of the office, also to make commitments for my time...prepare purchase orders and any budgetary items for my approval...also follow up on tasks to see that they are addressed within the time frame that I have alated for it. 3. Chief Building Inspector-Responsible for everything that he is responsible now for with several exceptions, personnel matters that would come into my purview, budgetary matters which I am already dealing with, planning and zoning board conditions on plats which I am dealing with and the organization of the permit review process and supervision which I am doing with the help of the office manager. 4. Deputy Fire Marshal-Until this year we had two fire marshals, the code enforcement officers have been cross trained to do some of the things that the fire marshal does.. . right now he is backed up about 8 or 9 weeks...in the winter the code officers could clean up the work of the fire marshal... 5.& 6. (2) Planners-Functions continue with addition of working on a master plan ...continue site reviews and typical planning tasks that are outlined under the job description of civil service. 7. - 9. Code Enforcement Officers- (3) -new task this year is they swing to the fire marshal's aid when he gets backlogged also the new code officer has been doing the die tests along Lake George 10. D.C.O. Essentially ajob of visibility, taking calls, delivery of items, messenger service, have not evaluated how many dog calls he makes or what portion is done by the Sheriffs Dept. on the weekend or nights. .. 11.& 12. Zoning Clerk- being done by Sr. Typist who has 5-6 years of experience with Zoning for the Town. ... does agendas, sends out public notices, answer basic questions for applicants, fills out zoning check list and develops forms and check lists including the flow chart which is on the board...files the zoning material also cross trained in the building dept. where her office is... 13 . Clerk typist in Building Dept. - duties similar to the zoning clerk except those duties require less specialization...she is the first person seen in the office, she process the material on the zoning list, such as putting in tax map numbers, putting in the applicants name, building permit number and very simple checks involving zoning and passes the building permits along to the code enforcement officers. Councilman Monahan-is the SEQRA review and notices done under your direction? Mr. Parisi-Yes Supervisor Brandt-Would you review other options? Mr. Parisi- 1. Training a Code Enforcement Officer to do many of the tasks or the department, to do many of the tasks of the Dog Warden and have them cross trained...in that case the code enforcement officer would most likely be someone that has a great deal of background in site design and reviews someone who would look at major projects, someone who could be a draftsmen, architect or engineer...Councilman Monahan-would we do away with the position of DCO? Mr. Parisi-yes. then hire a draftsmen, architect or engineer to fill the vacancy in the code enforcement office...the salary difference would be 4-5 thousand more a year between a dog warden and draftsman architect....2. other option-regarding planning, to hire a planner who maybe an engineer or architect and have that person cross trained in code enforcement and a design specialist who would over see major projects...very expensive to hire Rist Frost everytime we have a design question...discussion held regarding engineer fees and the expense to the developers... Supervisor Brandt, this should be examined... we should look at bring on engineering staff aboard in the salary ranges that we are already paying we should look at that, maybe we should include the engineering fee with the plan fee and raise it 1,000. ...get realistic with the figures that we charge... Attorney Dusek-The Town Board must agree on the layout, then there has to be some changes made some by resolution some by modification to the local laws that are in effect..re: the proposed change in the duties and responsibilities the Director of Code Enforcement under the new topic, the Chief Building Inspector, you would have to do an amendment to the uniform fire prevention code local law to do two things. One to change his title, and go through the law and make sure his duties under that law are consistent with the duties that you anticipate under here. My recollection is that you might have to make some changes. Would have to look at Civil Service Test... Mr. Parisi-Noted that there is a test for Director of Building and codes and the results have not been released yet. Councilman Caimano-We need a package put together on what has to go to public hearing and what doesn't so we can move on it....what I am hearing is that we accept this as a draft proposal, now put it together in a package and lets find out where we have got to go. Supervisor Brandt-We also have to have salary levels... Councilman Caimano-Requested break down of what it did cost the departments compared to what it would be with the changes... Supervisor Brandt-The next step is for Bob and I to work together, put a package together, interface with the Town Attorney then circulate it to the board members and then bring it back to the next board meeting... Discussion held regarding Recreation fees-Mr. Parisi, I have spoken with Mr. Dusek and Mr. Martin, there are mechanism already in place it is a matter of executing them, I would ask for a clear cut directive from the Town Board regarding when there will be land in lieu ofpayment...if anything is other than payment a letter of understanding copied to the Planning Board, and myself needs to be part of the system... Attorney Dusek-noted he would research the authority of the Planning Board to request of the developer at the time of preliminary plan whether or not land was to be given for recreation... OPEN FORUM Mr. Donald Bodak-5 Bullard Avenue-Noted he put up a rail fence, to keep people from parking in front of his house...(submitted pictures to Town Board)the town has had this area surveyed, why is the Don Bodack Family being singled out...noted that there are other fences on Queensbury right ofways...not notified that the property was going to be surveyed... the residents of the Town of Queensbury are not going to use my lawn as a parking lot... Councilman Monahan-Mr. Bodack are you in the Town right of way? Mr. Bodak-I probably am, by a couple offeet, and I will move it back, but by the same token every other fence is in the town right of way so if you are going to make Don Bodak move his fence you have five thousand other families that are going to have to move fences, hedges...asked the board what they are going to do, I am not going for selective enforcement...One other thing-spoke to the Town Board regarding the 1988 Audit -reviewed the accounting practice.. .1. Account posting and closing procedures not completed until four months sometime in April of 89...2. Nothing to indicate that the Town Supervisor had filed monthly financial reports 3. Revenue and Customer Accounts Receivable for a quarter rents were not recorded for two to three months after the billing 4. Nothing found to indicate that the control accounts were reconciled 5. page 4 of report no control totals or checks were made for in- putting the systems 6. Control billing register was not made available until who knows when 7. No control in place to make sure all accounts have been billed I know for a fact that some water customers have not got a bill in the last four or five months...8. the billing system also allowed accounts with correct unpaid balances to be deleted... 9. discussed mandatory referendums... 10. discussed lease purchase agreements..I1. monies to purchase ft. end loaders etc. all money co-mingled in general account has that been corrected... 12. cd's in bank unsecured Supervisor Brandt -We have hired accounts to go through all the criticism some are still a bit of a problem we are aware of them and we are trying to address them. Mr. Bodak-Are there monthly financial statements filed by the Supervisor? Supervisor Brandt -Yes Mr. Bodak-Regarding Dog Licenses-noted loss in dog population...asked for a letter from the Town Board regarding his fence... Mr. Glen Greeno-Noted that plans have to have stamps by engineers questioned why the Town is hiring an engineer, isn't it overkill? In new organization sounds like we are going to have a zoning czar who is untouchable by the average citizens, do we really want to set that kind of situation up? Is there anything in the current ethics legislation covering an official, in a capacity like Zoning or Building who is selectively enforcing? Is there any kind of disciplinary action the board has a written policy in ethics legislation. Supervisor Brandt-It is not part of the code or ethics but it is repulsive that is for sure... Councilman Caimano- It is a matter of management... Supervisor Brandt-It is illegal to selectively enforce... Mr. Glen Greeno-I have heard rumors of horrendous language in one of the departments in the town...it is my belief that if this language comes before a judge it would be considered sexual harassment.. . noted if anyone wants to know what department I will tell thern.. Mr. John Salvadore-Dunhams Bay-Spoke on State Audits ... Mr. Parisi noted an assistant code enforcement officer and die testing on Lake George, is this a program the town has in place? Supervisor Brandt-Noted that the new inspector is doing the testing while his schooling is being arranged and he is getting on the job training. Mr. Salvadore-This town is paying for a new hire to do this work on Lake George on behalf of the Lake George Park Commission...the Lake George Park Commission saps out of the Lake George Community over 600,000. per year in boat and dock fees for the purpose of enforcing their regulations are they getting us to do their job at our expense? There is no need to expend this town's money to perform that activity... On the subject of the engineer and approving drawings, there is an element of liability and all professional engineers carry a liability insurance called error and omission insurance that is what their stamp protects them against. If the town starts to get into this business of even tacitly approving engineering designs you are exposing the deep pocket of your taxpayer to those liabilities. Mr. Mike O'Connor-An attorney speaking on behalf of Irving Martindale-Who is going to enforce the rules and regulations that we presently have in the Town of Queensbury? An application went before the Planning Board for a site plan review for Francis and Caroline Martindale for a agricultural, vegetable stand if you will on the north side of route 149. That was referred to the Zoning Administrator who made a decision that they would need a variance if they brought produce in not grown on the site. The interpretation was questioned and went to the Zoning Board of Appeals for two, or three meetings, they concurred with her opinion they would need the Martindales would need to obtain a variance to sell produce, not grown on site. A month ago I got a call that they set up shop and were in the process of selling produce obviously not grown on site...why isn't the Town enforcing its laws? I attempted to speak with Mr. Parisi but did not get returned phone calls. My clients have been told by parties in the town that the Town Supervisor has told the enforcement arm not to enforce this particular discussion of the Zoning Board of Appeals, I do not know if that is true or not... Supervisor Brandt-I think I told the client directly that, that is the case, I think this town board has met on in session where one of these things was brought to us and the whole board has said do not go with it, lets modify this law, we do not like it, how do we know where the vegetables are grown? It is my decision not to enforce that, instead it is my decision to put our energies into re-writing the law. Mr. O'Connor-1 do not think you have that power under the zoning law to decide when it will be enforced or not. Supervisor Brandt-I may not have if that is the case you are an attorney you can do whatever you think you ought to do but I will run this office the way I think it ought to be run and do it as well as I know how. .. we have been working on a restructure of that law ... Mr. O'Connor-The problems that we have is that the staff and the boards are not given backup... Councilman Monahan-Under law this board does not have the power to say that a decision made by the zoning board of appeals is not to be enforced... Mr. O'Connor-My point is that there was a question of interpretation the question was answered by the Zoning Board of Appeals very clearly, it took it out of the question off act as to what you could do or not do. You have given direction to the building dept. not to enforce the interpretation of the zoning board of appeals as to the Francis Martindale property and his activity.. Supervisor Brandt-No I did not, I just said that we, our energies are going to be in re-writing this law not into the Martindale fight, because it is a fight between the father and son and the families I do not want to get involved in it. My energy is best spent in making a law that is enforceable I do not think that we have the ability to tell where produce is grown, if you have that ability, tell us, tell us how to do it. Mr. O'Connor-noted that many locations are grandfathered...spoke on affidavits being used...I am asking the board to direct the enforcement of its present rules. Councilman Goetz-Having been on the zoning board of appeals I feel what they say should be enforced. Attorney Dusek-I would like to sit down with Mr. O'Connor look at what he has in terms of affidavits and look over the case .... Councilman Monahan-recommended that Mr. Parisi attend the meeting also... Mr. O'Connor-1 think it is ridiculous that the taxpayer has to go through this burden to have enforced what is law, this is the same attitude that we run into in the Town prove it to me no body seems to have any particular rights. I would be glad to meet with Mr. Dusek, I would also like to have on the table at the same time what somebody appears to think is an exception due to the itinerant merchant business, I do not think that gives any except to the sale of vegetables I think it has to be a permitted use in a zone... Attorney Dusek-What we have is a complaint that there is a violation of the zoning ordinance and it is just a matter of wanting to check it out further, if in fact there is a case to be made we will handle our own proof and will do it. Mr. O'Connor-My main complaint is that you have a set of rules and regulations and they have been interfered with, they have not been allowed to function, I do not think that is.. Supervisor Brandt-Are you saying that I interfered with those rules and regulations? Mr. O'Connor-Yes Supervisor Brandt-I think you are wrong... Mr. O'Connor-Reviewed the Martindale site, whether it is permitted use or not it is up there operating without site plan, without proper parking, without entrances or exits they were told even when they had a limited use what they were supposed to do they have not even followed those limited restrictions that were placed by the Planning Board for safety at that time...you have a liability problem here by allowing them to operate... Supervisor Brandt-If that is the case our zoning people should document that and bring it to us, that has never been done... Mr. O'Connor-1 brought it to them, Mr. Hatin, he told me that you have said not to do anything about that business. Supervisor Brandt-He might as well get up his backbone and document the things that you had and bring it to us. Mr. O'Connor-1 do not want to put him in the middle...he is an employee of the town I cannot hire or fire him you can, I do not think that is a fair position to put staff in. Supervisor Brandt-What you are trying to do is make me do his job and that is not what I am going to do. Mr. O'Connor-1 am trying to make you let him do his job. Supervisor Brandt-I do not think that I have told him what you are relating. Discussion held-Councilman Tucker-How does the process work with Mr. Threw on Eagan Road, is the next move his? Attorney Dusek-That is correct he should file a written application with the Board he should not engage in landfill activities until he has done that. Mr. Doug Zayre- Town of Queensbury-My relatives own property off from Eagan Drive-Mr. Threw has a fence on his property which appears to be in a residential area and put up a sign that he has a construction and demolition landfill. Who is checking on what is dumped in there? Does he have any DEC permits? Councilman Tucker-This is all in the process, he has permission from DEC to put up the fence, the sign is illegal he has been told to take it down... Mr. Zayre-Is that a residential area does he need a variance to dump there? Councilman Tucker-Yes it is residential...he will need a permit from the town. Councilman Monahan-He will need a variance he is doing a non permitted use in a water front residential zone. Attorney Dusek-We have told Mr. Threw he needs a town permit and has not applied as of yet, now is the time to address the issue of whether or not he needs a variance, we will notify him up front if he does...there should be no dumping there now if there is notify us. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 433, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters, litigations and collective bargaining. Duly adopted this 10th day of August, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NOES ABSENT: None On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury