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1992-08-31 TOWN BOARD MEETING AUGUST 31, 1992 7:00 p.m. MTG.#85 RES. 465-476 TOWN BOARD MEMBERS Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Attorney Dusek Supervisor Michel Brandt -Opened the Meeting PLEDGE OF ALLEGIANCE OF LED BY COUNCILMAN GOETZ PUBLIC HEARING-Proposed Local Law, Amend Code of Town of Queensbury Fire Prevention and Building Construction Notice Shown Attorney Dusek-This is a Local Law that the Board set a public hearing on, in which to change the fire prevention and building construction code to allow the zoning administrator to general administer and enforce the subdivision regulations and the sign ordinance for the Town of Queensbury. Currently there is no authority for the zoning administrator to enforce anything other than the zoning ordinance and if you read the town law it would indicate that the only way you could convey the authority to somebody to enforce other ordinances is by local law. So, that is what this local law purports to do is to give the zoning administrator that authorization. Supervisor Brandt-That has been advertised and now is the time and place. If you want to give us input on that, you are welcome to come forth and talk to us on this law. Anybody would like to speak to us on this local law? Going once, going twice, closed the public hearing. Councilman Monahan-Mike I had a question to ask Paul, Page 1 Section B and Page 2 at the top of the page. Page 1 it said the Dept. of Building and Codes shall continue to be charged with the duty to enforce said zoning ordinance and then subdivision regs and sign ordinance but shall not otherwise assume the duties assigned to the Zoning Administrator. On the second page it says the Zoning Administrator shall also have the duty responsibility authority to and I realize the word administer is in there but I am going after and to enforce, so we have two different bodies enforcing this law and I am just wondering again if we have some of these kind of things we do not know who is doing what type, you know we have had some muddy areas before and I am concerned about a muddiness here. Attorney Dusek-My, to give you my opinion on it, I do not think you will have that problem because what this does is it gives your executive director the ability to enforce and he is also your administrator over all three departments so, all it does is give everybody the authority but he is the one that has by virtue of his position the ability to administer it so it does not have the problems that you are saying. Councilman Monahan-What I am concerned about, alright, I am in the building department and I look at this one way and I am out enforcing it one way and we have had something kind of like that happen this week. Then the Director of the Dept. who is also now doing the Zoning Administrator, looks at it another way and they are not agreeing, you know, somebody is out enforcing maybe something that the Top Kick is not seeing it their way? Because they do not really have to go through him in order to enforce something. Attorney Dusek-The only other alternative is if you take that power away from the building code then you leave one person with the job of enforcing everything which that could be difficult to. Councilman Monahan-But I did want to just point out there that we may be doing something that is a little bit muddy here. Supervisor Brandt-Anybody else what to comment? Ok, we will close the public hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 9,1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 88, ENTITLED, "FIRE PREVENTION & BUILDING CONSTRUCTION" RESOLUTION NO. 465, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by revising Chapter 88, entitled, "Fire Prevention & Building Construction," sections 88-4, 6, 7, 16, and 17 thereof, which chapter would, among other things, generally amend the existing said Town of Queensbury Local Law to provide authorization for the Zoning Administrator to generally administer and enforce the Subdivision Regulations and Sign Ordinance of the Town of Queensbury, in addition to the Zoning Ordinance, which the Zoning Administrator is currently authorized to enforce, and to also amend the said existing Local Law to authorize the Zoning Administrator to, in certain instances, revoke permits or issue stop-work orders, and WHEREAS, a copy of the proposed Local Law 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 August 31, 1992, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT 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 by revising Chapter 88, entitled, "Fire Prevention & Building Construction," to be known as Local Law Number 9, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, 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. Duly adopted this 31st day of August, 1992, by the following vote: AYES : Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker Mr. Brandt NOES : None ABSENT: None LOCAL LAW NO. 9, 1992 A Local Law to amend the Code of the Town of Queensbury, Chapter 88, thereof entitled Fire Prevention & Building Construction to amend and revise several provisions thereof, by adding new provisions thereto: SECTION 1. Chapter 88 of the Code of the Town of Queensbury, Section 88-4, Paragraph B, is hereby amended to read as follows: B. Purpose. The purpose of this Department is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the town, with the exception of administration and enforcement of the Zoning Ordinance, Subdivision Regulations and Sign Ordinance of the Town of Queensbury which shall be administered and enforced by an officer or employee who is designated by the Town Board of the Town of Queensbury as the Zoning Administrator, as provided for herein. The Department of Building and Codes shall continue to be charged with the duty to enforce said Zoning Ordinance, Subdivision Regulations and Sign Ordinance but shall not otherwise assume the duties assigned to the Zoning Administrator, other than as expressly set forth herein. Nothing herein shall be deemed to prevent the assignment or delegation of the duties, responsibilities and/or authority of the Zoning Administrator to any officer or employee of the Department of Building and Codes. SECTION 2. Chapter 88 of the Code of the Town of Queensbury, Section 88-6, Paragraph A, is hereby amended to read as follows: ~ 88.6 Zoning Administrator. A. The Town Board of the Town of Queensbury does hereby acknowledge establishment of the position of Zoning Administrator, which administrator has and shall continue to have the duty and responsibility of administrating and enforcing the Zoning Ordinance of the Town of Queensbury and making such orders, requirements, decisions or determinations as may be necessary to carry out said duties and responsibilities. The Zoning Administrator shall also have the duty, responsibility and authority to administer and enforce the Subdivision Regulations and Sign Ordinance of the Town of Queensbury. SECTION 3. Chapter 88 of the Code of the Town of Queensbury, Section 88-7, paragraph C, is hereby amended to read as follows: C. Zoning Administrator. (1) Except as otherwise provided by law, ordinance, rule or regulation, the Zoning Administrator shall administer and enforce the Zoning Ordinance, Subdivision Regulations and Sign Ordinance of the Town of Queensbury. The Zoning Administrator's duties and responsibilities shall consist of the following: (a) Reviewing all applications for variances, permits or other types of approvals requested of or required by the Town of Queensbury, the Zoning Board of Appeals and/or the Planning Board of the Town of Queensbury. (b) Reviewing all building permits and signs permits to determine compliance with the Zoning Ordinance of the Town of Queensbury. (c) Making decisions, orders, requirements or determinations as to the applicability of the Zoning Ordinance, Subdivision Regulations and Sign Ordinance of the Town of Queensbury. (d) Keeping appropriate records of any orders, requirements, determinations or decisions made. (e) Attending meetings of the Zoning Board, Planning Board and Town Board when appropriate. (f) Making site visits when appropriate. SECTION 4. Chapter 88 of the Code of the Town of Queensbury, Section 88-16, Paragraph A, is hereby amended to read as follows: ~ 88-16. Suspension or revocation of permits. A. The Director of Building and Code Enforcement, Fire Marshal and Zoning Administrator shall have the authority to revoke permits issued by them as follows: (1) Where it is found that there have been false statements or misrepresentations as to a material fact in the application, plans or specifications upon which the permit was granted. (2) Where it is found that the permit was issued in error and should not have been issued in accordance with the applicable laws, codes, ordinances, rules or regulations. (3) Where the person to whom the permit has been issued fails or refuses to comply with a stop-work order duly issued by the Director of Building and Code Enforcement. SECTION 5. Chapter 88 of the Code of the Town of Queensbury, Section 88-17, Paragraphs A and B, are hereby amended to read as follows: ~ 88-17. Stop-work orders. A. Whenever the Director of Building and Code Enforcement or Zoning Administrator has reasonable grounds to believe that the work on any building or structure is proceeding without a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded. B. Such stop-work order shall be in writing on a form prescribed by the Town Board of the Town of Queensbury and shall state the reason for the stop-work order, together with the date of issuance. The stop- work order shall bear the signature of the Director of Building and Code Enforcement or, in the appropriate case, the Zoning Administrator, or that of an assistant and shall be prominently posted at the worksite. SECTION 6. Effective Date. This Local Law shall take effect upon the filing of the same with the Office of Secretary of State. RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO. 466, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board Minutes of August 17th and 20th of 1992 be and hereby are approved. Duly adopted this 31st. day of August, 1992 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE ABSENT: NONE RESOLUTION TO INSTALL STREET LIGHTS ON SCHOOLHOUSE ROAD RESOLUTION NO. 467, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the placement of two street lights on Schoolhouse Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the following street lights be installed: One (1) 150 watt sodium street light at the end of the road watt sodium street light between houses #7 and #9 Schoolhouse Road, and in the cui de sac and One (1) 150 BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that the cost of said lights be approximately $200 annually and shall be paid from Fund No. 25. Duly adopted this 31st. day of August, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None Discussion held before vote: Councilman Goetz-These people are already in the lighting district and paying the tax and have asked to have a light at the end of the cul de sac on Schoolhouse Road for safety purposes and an additional one between NO.7 and 9 Schoolhouse Road...(Petition presented) RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 468, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker 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 first go to the Planning Department and Planning Board for 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: Submission of Third Application (Last Application Withdrawn) for Rezoning for Red Lobster Restaurant Proposal, Charles R. Wood, Tax Map No.: 98-2-1, 98-3-1 and 98-3-5, corner of Aviation Road and Greenway North, Queensbury, New York, and BE IT FURTHER, RESOLVED, that 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 31st day of August, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : Mrs. Monahan ABSENT: None Discussion held before vote: Councilman Goetz-I think we should send it to the Planning Board because it is a different application from Red Lobster NO.1 because actually there have been three applications and I just feel because it is a substantially different application it should go to the Planning Board for recommendation to us. RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF PROPOSED BENEFIT TAX ROLL FOR CENTRAL QUEENSBURY QUAKER RD. SEWER DISTRICT RESOLUTION NO.: 469,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, working through the Superintendent of Waste Water, the Assessor's Office, and the Town Attorney's Office, has developed a Benefit Tax Roll for the Central Queensbury Quaker Road Sewer District, and WHEREAS, the Town Board has previously reviewed the general nature of the proposed Benefit Tax Roll and has held an informal public hearing thereon, and acknowledges the same as has been modified since that time and is ready to be filed with the Town Clerk and formally acted upon as allowed by law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Assessor to file the proposed Benefit Tax Roll, the same being presented at this meeting, with the Town Clerk of the Town of Queensbury on September 1, 1992 and further authorizes and directs the Town Assessor to file all future benefit rolls for the Central Queensbury Quaker Road Sewer District each and every year hereafter between September 1 and September 15 of each year and the Town Board further notes that a subsequent resolution setting a public hearing will be adopted at the next regularly scheduled Board Meeting, for the 1993 benefit roll. Duly adopted this 31st day of August, 1992, by the following vote: AYES Mr. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Attorney Dusek-There will be two additional steps it is a three step process. This authorizes this year to file it with the Town Clerk and thereafter automatically to do that so that you will not have to pass this type of resolution again in the future. The second resolution will be coming to you next week and that will be to set a public hearing, then the third resolution following the public hearing would be if you see fit to adopt the roll. RESOLUTION OF INTENT OF TOWN BOARD TO BE LEAD AGENT CONCERNING THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 470,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the developers of the Hudson Pointe Planned Unit Development previously submitted a written application for the rezoning and establishment of a Planned Unit Development in the Town of Queensbury, and WHEREAS, said application was submitted to the Town of Queensbury Planning Board, for a report and recommendation, and WHEREAS, a report from the Planning Board has not yet been received, but the Town Board feels that it would be appropriate to also commence the SEQRA review process at this point, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its desire to be lead agent for purposes of the SEQRA review and hereby authorizes and directs the Executive Director to notify all other involved agencies that the Hudson Pointe Planned Unit Development application has been made, that a coordinated SEQRA review is desired, that a lead agency for purposes of SEQRA review should therefore be agreed to among the involved agencies, and that the Town Board of the Town of Queensbury desires to be the lead agent for purposes of the SEQRA review. Duly adopted this 31st day of August, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None Discussion held: Councilman Monahan-Ever since we have had PUD's of this magnitude, to meet with the developers and the planning board and do a scoping session for what the SEQRA should cover. I would suggest that we have Mr. Parisi set that type of a thing up so that they really know what we are going after in the SEQRA type of review. Attorney Dusek-You are in the early steps of the process what would have to happen is that the Planning Board has to finish their part of it, it will come back to you at that point you would have to review the matter and decide whether or not based on the documentation you have, whether that will be a positive or negative declaration. If you decide it is negative then the SEQRA process would stop at that point. Councilman Monahan-We would not make that determination on the basis of the type of knowledge that we have here, we do not have enough knowledge. Attorney Dusek-If that is the case, then you have a choice, you can either declare a positive declaration or you can require additional information at that point, but your scoping session typically would not occur until after you have made a positive declaration. What that is designed to do is to ascertain what the issues will be that you discuss in your environmental impact statement. Councilman Monahan-I do not agree with you but I will do my research better on some of the back ones. Supervisor Brandt -There has been some discussion between the developers and Mr. Parisi and I think the best thing we do is get a report on that and see if we can figure our way through this... RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 471, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR 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: LANDFILL: FROM: TO: AMOUNT: 910-8160-4400 (Misc. Contractual) 910-8160-1002 (Misc. Payroll) $ 1,000.00 Duly adopted this 31st day of August, 1992, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO. 459, 92 RESOLUTION NO. 472,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 459,1992, sought to state its intent concerning a proposed new firehouse for the North Queensbury Volunteer Fire Company, and WHEREAS, the Town Board of the Town of Queensbury desires to repeal said resolution and restate its intent in this resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby repeals Resolution No. 459 of 1992, and BE IT FURTHER RESOLVED, that the Town Board hereby states that it is interested in pursuing the idea of a new firehouse for the North Queensbury Volunteer Fire Company and, after the Company obtains solid information on cost, the Town Board will enter negotiations with the Company to try and find a way of putting a contract package together that will result in sufficient monies being paid to the Fire Company to account for the purchase of a new firehouse with, however, the understanding that, before the Town would ever be bound to any contract for a particular dollar amount, a public hearing would have to be held and an affirmative vote of a majority of the Town Board had before the Town would be bound to pay any particular amounts under contract, and with the further understanding that the North Queensbury Volunteer Fire Company will not accept this resolution as a commitment to financing a particular amount, but will come back to the Town Board with solid information on cost so that the matter may then be negotiated as part of the contract planned for the North Queensbury Volunteer Fire Company for the year 1993 and following years. Duly adopted this 31st day of August, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON MODIFICATION TO AGREEMENTS WITH VOLUNTEER FIRE DEPARTMENTS AND RESCUE SQUADS REGARDING PHYSICAL OR MEDICAL EXAMINATIONS RESOLUTION NO.: 473, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has been advised that there are certain federal regulations that require that physical or medical examinations be offered to firemen and rescue workers, and WHEREAS, Volunteer Firemen and Rescue Squad Workers associated with Volunteer Fire Companies and Rescue Squads in the Town of Queensbury Fire Protection District, previously secured physical/ medical examinations through Warren County and have now been advised that said physical/medical examination services will no longer be available from the County, and WHEREAS, the members of the Volunteer Fire Companies and Rescue Squads have advised that physical/medical examinations can be obtained through Northcare medical facilities, but that the same will result in a cost of approximately $15,000.00 for all affected Volunteer Fire Companies and Rescue Squads, and WHEREAS, the aforesaid physical/medical examinations cost is not something that the Fire Companies or Rescue Squads had to previously pay as the same were provided through the government of Warren County, and WHEREAS, the Town Board of the Town of Queensbury and the Volunteer Fire Companies and Rescue Squads are desirous of modifying the terms of the agreements currently in existence between the parties to arrange for and make available to all volunteer fire fighters and rescue squad workers the physical/ medical examinations, and WHEREAS, the Town Board has reviewed the proposed modifications to the agreements and finds that the modifications to the agreements and payments required by said modifications are not expected to exceed the approximate sum of $15,000.00 in total and to be in the public interest and beneficial to the residents of the Town of Queensbury, and WHEREAS, Section 184 of the Town Law of the State of New York provides that the contracting parties, by mutual consent, after public hearing, may amend an agreement provided it is in the public interest to do so, and it would also seem appropriate to similarly modify Rescue Squad Contracts due to the fact that the physical/ medical examinations cost was not originally contemplated by the parties at the time the agreements were entered into, and price therefore agreed to, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves of the form of the proposed agreement between the Volunteer Fire Companies and Rescue Squads and hereby further authorizes and directs that a Notice of Public Hearing be advertised in the official newspaper for the Town and that a Public Hearing be held on the issue of whether the agreement should be modified as proposed in the agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Notice of Public Hearing is hereby approved and shall be advertised in accordance with the appropriate provisions of the Town Law or General Municipal Law of the State of New York, and BE IT FURTHER, RESOLVED, that the Public Hearing shall be on the 14th day of September, 1992, at which time the Town Board shall hear all citizens and residents desiring to speak or comment relative to the same, and BE IT FURTHER, RESOLVED, that all costs incurred as a result of the aforementioned agreement shall be paid for from the Miscellaneous Contractual Account line of the Fire Protection Budget or from the unappropriated fund balance of the Fire Protection Fund. Duly adopted this 31st 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 EXPANSION OF COMPUTER NETWORK SYSTEM TO THE HIGHWAY DEPARTMENT RESOLUTION NO.: 474, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury has received a request to authorize the expansion of the Town's computer network system to the Highway Department, and WHEREAS, the network system currently utilized by the Town of Queensbury has been installed and serviced by Business Automation Services, and WHEREAS, Business Automation Services has offered to provide the services necessary to expand the computer network system to the Highway Department, in accordance with the following proposal: NETWORK HARDWARE 12 Port, 10 Base - T Hub (Qty. 2): $1,990.00 NETWORK SERVICES (Installation, design, etc.): $1,200.00 CABLING (Fiber-optic to Highway Building, etc.): $2,800.00 USER TRAINING (8 hours @ $60.00 per hour): $ 480.00 TOTAL: $6,470.00 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Business Automation Services and the purchase of the hardware and cabling as set forth in the preambles hereof, and further authorizes and directs the Town Supervisor to take all steps that may be necessary to accomplish the purposes of this resolution, and BE IT FURTHER, RESOLVED, that any contracts entered into in accordance with the terms and provisions of this resolution shall be in a form to be approved by the Town Attorney, and after being approved by the Town Attorney, may be executed by the Town Supervisor without further resolution of this Board, and BE IT FURTHER, RESOLVED, that payment for the amounts due for the contracts authorized herein shall be paid from account no.: 001-5010-2032 (Computer Equipment). Duly adopted this 31st day of August, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Supervisor Brandt-Noted there is money in the budget to bring more computer capability into the Highway Dept. ..get them into the same mapping system that we have in the central computer in the assessment dept. ...noted there is money in the highway budget and a small amount in another budget.. . allows the highway dept. to tie into financial records and establish inventory system to be shared with the Accounting Dept. Discussion held regarding proposed resolution entitled Resolution amending Resolution NO. 448, 92 Concerning Reorganization of the Planning, Zoning and Building & Codes Enforcement Departments...Attorney Dusek-The request was that the Assistant Planner position that was originally to have the engineer and architectural background draft an amendment that would just allow for an assistant planner...request now for two assistant planners...proposed resolution introduced by Supervisor Brandt and seconded by Mr. Pliney Tucker Councilman Caimano-requested that this proposal be withdrawn...agreed to by the Board... Supervisor Brandt withdrew the resolution Supervisor Brandt-We have a meeting scheduled for Wednesday night at 5:00 P.M. Interviews for the Ethics Boards also executive session on the above mentioned proposed resolution... RESOLUTION AUTHORIZING TOWN SUPERVISOR TO TERMINATE SERVICES BY MAILINGS MADE EASY RESOLUTION NO.: 475,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, authorized a contract with Mailings Made Easy for mailing pick-ups at the Town of Queensbury, and WHEREAS, said agreement was to expire July 1, 1992, in accordance with the terms and provisions hereof, and WHEREAS, the Town Board of the Town of Queensbury has been advised that services are still continuing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby notes that the agreement with Mailings Made Easy provided for a termination date of July 1, 1992, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to terminate the agreement with Mailings Made Easy as soon as possible and hereby further authorizes the Town Supervisor to take all such steps and action as may be necessary, including the execution of any letters or other documents to so terminate the agreement. Duly adopted this 31st day of August, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None RESOLUTION CONCERNING THE PAVEMENT OF ROADS IN THE QUAKER RIDGE COMMERCIAL PLAZA, I.E., QUAKER RIDGE BOULEVARD AND EAST QUAKER SERVICE ROAD RESOLUTION NO.: 476, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, during the year 1988, the Town of Queensbury accepted the dedication of certain roads by the Earltown Corporation in the proposed Quaker Ridge Commercial Plaza, said roads being the Quaker Ridge Boulevard and East Quaker Service Road, and WHEREAS, at the time that the roads were dedicated, the same did not have applied thereto, an asphalt top-coat, and WHEREAS, the Earltown Corporation promised to apply such top-coat and the Town accepted dedication of the roads, and WHEREAS, Earltown Corporation further provided an irrevocable letter of credit in the amount of $40,000.00 to provide the Town with security in the event that the top-coat was not applied as promised, and WHEREAS, subsequent to the irrevocable letter of credit, an amendment was issued thereto, indicating that the same would not expire unless 90 days prior to the anniversary date of the letter of credit, the bank providing the same issued a notice that the same would not be renewed, and WHEREAS, the amendment to the letter of credit states that the town upon receipt of a notice as set forth above, may draw the full amount of the credit thereunder against the towns draft only, with the documentation mention therein, and WHEREAS, by letter agreement dated September 26, 1988, a copy of the same being annexed hereto, Earltown Corporation indicated that upon receipt of a notice by the bank that the letter of credit would not be renewed, the Company would have 30 days to produce a new letter of credit, and in the event that the Company failed to post a new credit facility within such a period, it agreed to proceed and complete the highway in accordance with the approved plans and specifications upon written notice from the Town, and WHEREAS, the Fleet Finance Group (Norstar Bank) has indicated it desires to terminate the letter of credit and the Town Deputy Highway Superintendent has indicated a desire to issue notice to the Earltown Corporation that the roads be completed this week and the Town Board is likewise in agreement that the same be completed this week, and in the event that they are not, that an authorization be issued providing for a withdrawal from the aforesaid letter of credit, unless the Earltown Corporation and Norstar Bank renew said letter of credit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to write Earltown Corporation and advise that, together with the Town Deputy Highway Superintendent that the Town Board requires that the roads at the Quaker Ridge Commercial Plaza, the same being Quaker Ridge Boulevard and East Quaker Service Road, be paved this week, but no later than September 8, 1992, or in the alternative, that Earltown Corporation post a new letter of credit on or before September 8, 1992 to protect the Town's interest in the pavement of the roads, and BE IT FURTHER, RESOLVED, that in the event that the Earltown Corporation does not provide for the pavement of the roads or letter of credit as herein provided, the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to provide a signed statement from the Town of Queensbury and signed by the Town Supervisor stating that the roads have not been completed in accordance with the approved plans and specifications and the date for such completion has passed, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to provide and execute such documentation as shall be required to provide for payment under the letter of credit. Duly adopted this 31st day of August, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES None ABSENT: None Discussion held before vote: Attorney Dusek-The Town has a letter of credit which protects its interest in connection with the paving of roads in the Earltown Quaker Ridge Plaza. The bank notified the Town that they were going to pull the letter of credit and they are going to pull it as of September 12th. We thought we would get a renewal on the letter of credit or the roads would get paved, nothing has happened to date so to protect the towns interests I am advising the town to authorize the supervisor to notify them that they want the road paved this week or you will take the money from the letter of credit next week before the expiration date, or in the alternative if they can post another letter of credit before this expires. Noted that this is not part of the PUD...I have been in communication with their attorneys it is my understanding that they may very well provide a further letter of credit this week... DISCUSSIONS A. Insurance Consultants 1. The Firm of Confirm Charles Cornish and James Faughanan spoke to the Town Board ...scope of services-evaluate the coverage needs as we see them, prepare a RFP to be submitted to perspective proposers, Confirm is a consultant only service... will provide a questionnaire to all the perspective proposers that you wish to have invited to this...send proposal out, evaluate the results and select from that group, probably five or six firms that we feel can best handle the insurance for the town those would then receive the RFP that we would prepare, would respond to you for the bids, once received we would evaluate them and give you our recommendation. 2. Municipal Insurance Consultant Tim McMullen and Brian Beaty ... spoke on scope of services...revealed their experience in municipal reviews 15 years in business currently working for 42+ municipalities throughout New York State...expertise in all types ofinsurance...in going through your program we found that your pricing is very competitive...if the town is looking to go out to bid to save money it is not the right time for you to do that... where the town should have concerns is in the coverage, in a very superficial review a couple of things stood out, property and liabilities....ifwe were hired we would do an analysis to determine what the exposures are and what the history of the Town has been like and sell that to the insurance companies... noted you might want to fine tune the program through a coverage standpoint with the present people involved...quick review noted some later model vehicles with large deductions... B. PULVER ROAD Attorney Dusek-Reviewed the status of Pulver Road...it was extended a distance of 700' it was based on a road by use for that distance, after it was done a number of residences from that area appeared before the previous Town Board and objected to the fact that the road had been taken over by the Town for that distance. The Town Board considered repealing the resolution that lengthen the road but another group objected to that action, ultimately the thought was that the residences up there wanted to maintain the road themselves ... need releases from the property owners, recently we received a letter from Mr. Corbett representing Mr. Paulson and a few other property owners, noting that no agreement is going to be reached...it is a town road Mr. Naylor would like to go up there and do some repair work....ifthe Town Board chooses to do nothing it will stay a town road and Paul will maintain it ...Councilman Monahan-We have just heard from one side requested that Mr. Dusek contact Mr. Taylor regarding his side..also contact Mr. Bob Stewart... Attorney Dusek - I will contact the residents and confirm understandings and then get back to the Board. C. LANDFILL CLOSURE Attorney Dusek-The consent order provides for the closure plan for the landfill to be submitted by October Ist...ifyou need additional time I will call DEC and talk to thern... Supervisor Brandt-Two weeks ago we got declassified so that we can go ahead with the closure, we did hire an engineer who did a first cell closure plan and some discussion of the overall closure...will need extension of permit Attorney Dusek -Questioned how much of an extension... Supervisor Brandt- Six Months...suggested that Dick Morse be contacted regarding this... Attorney Dusek - I just wanted to make sure I had your authorization to go ahead and start asking for extensions... Supervisor Brandt-No question we have got to do that... D. STREET LIGHTS Councilman Tucker-Pertaining to the upgrade of street lights at Luzerne and West Mt. Road, Sherman Ave. and Clendon Brook Road Peggy Ann Road and West Mt. Road, Potter Road and West Mt. Road to go to 150 watt high pressure sodiurn...all intersections...spoke to Niagara Mohawk prices will be checked out, possibly no additional cost... Councilman Monahan-questioned what the additional cost in electricity will be per year. Board requested that the Town Attorney check on the costs... E. FENCE Councilman Tucker-questioned the fence and sign at the proposed demolition dump on Eagan Road? Attorney Dusek-No...that has been followed by Building and Codes and Planning... Supervisor Brandt-I think we should be looking at the broader question, to get all that kind of material coming to our own landfill, maybe we ought to look into legislation to do that, when we are hurting for material we really do not need to be opening other landfills... F. Councilman Monahan-I have a letter asking us to move the 5 mi buoy in Harris Bay back to the original position ...turn this over to the Planning Dept. so they can map it out and then Paul can look at the legal language that would be necessary... OPEN FORUM Mr. John Salvadore-Resident of No. Qsby.-Dunhams Bay-Spoke on the presentation made by the No. Qsby. Vol. Firemen for a new fire house.. .there is a lot of concern about the cost of fire protection it is time the Town Board have a study done, on the towns approach regarding fire protection...spoke on the duplication of equipment...maybe the time has come for the town to have its own staff of fire protection one or two fire houses... Supervisor Brandt-Spoke on the State and Federal Laws that the fire companies have to comply with...I believe it is time to look at people that do this and only this maybe a board of governors or some kind that is elected by the people that run the whole district... Councilman Caimano-We have started a dialogue with the fire people regarding this... Mr. John Salvadore-noted that the emergency squads are not getting the attention...before any commitments are made this be studied... Mr. Joseph Scanlon-Robert Gardens-regarding the building of a fire facility if there was a better way of funding it either through solicitation, I would much rather see that than have an increase in taxes... Barbara Bennett-The impression I got when they presented it was like it was just, like something taken out of past times, they did these things a couple of boards ago when all this money was available, it was like they were not into reality. Supervisor Brandt-Asked for further comments... On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury