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1992-09-21 TOWN BOARD MEETING SEPTEMBER 21, 1992 7:00 P.M. MTG# 90 RES. 509-517 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS KATHLEEN KATHE PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOETZ Supervisor Brandt called meeting to order ... RESOLUTIONS RESOLUTION TO AMEND RESOLUTION NO.: 486, 1992 CONCERNING THE MODIFICATION TO AGREEMENTS WITH VOLUNTEER FIRE DEPARTMENTS REGARDING PHYSICAL OR MEDICAL EXAMINATIONS RESOLUTION NO.: 509,1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by resolution no.: 486, dated September 14, 1992, approved the modification to the existing agreements with the Volunteer Fire Companies to provide for physical/medical examinations, said agreements having been presented at the September 14, 1992 Town Board Meeting, and WHEREAS, said agreements have since been revised in accordance with the Town Board's instructions, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the revised agreements with the Volunteer Fire Companies and hereby amends resolution no.: 486, 1992, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Attorney to make such revisions as maybe necessary to be sure the agreement reflects that this is an amendment to the contracts for only the year 1992. Duly adopted this 21st day of September, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTIONS RESOLUTION NO. 510, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is authorized, pursuant to ~ 136-44.1 of the Code of the Town of Queensbury, to, upon request, waive the sewer connection requirement of ~ 136- 44 thereof or vary the time in which such connection must be made, provided that certain standards and criteria or conditions are met or demonstrated and provided that a certain procedure is followed, and WHEREAS, in granting a variance or waiver, the Town Board may consider one or all of the following circumstances: (a) The distance from the building to the town sewer pipeline to which connection is required. (b) The cost of the connection. (c) The existence or nonexistence of any physical obstructions. (d) The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e) Whether the current sewage disposal system is properly functioning. (f) Whether any rights-of-way or easements are needed in order for the applicant to make the connection to the town sewer system. (g) Whether strict application of the connection requirement of ~ 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of the sewer connection requirement or that the property and the district in which the property is located or otherwise conflict with the description or objections of the plan or policy of the town and that the interests of justice are served. and WHEREAS, if the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a) In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than two hundred fifty (250) feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which the sewer line must pass in order to connect to the town sewer system, the Town Board may grant a permanent waiver from the requirement that the applicant connect the subject property, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and (b) In the event that the circumstances giving rise to the request are due to excessive costs of connection, the financial loss to be sustained by the property owner in the event of nonuse of the current system or any other specified difficulty which makes it difficult or impractical for the applicant to connect to the town sewer system and the applicant is willing to pay the full and usual sewer rents or taxes accruing against the property, the Town Board may grant an extension of time, not exceeding two (2) years, in which to connect to the town sewer system, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury laws and regulations and appropriate New York State agency rules and regulations, and WHEREAS, Robert and Suzanne Merrill have applied to the Town Board of the Town of Queensbury for a variance and relief from that part of the law requiring sewer connections upon the grounds that: they estimate the cost of connection to be $7,000.00; and WHEREAS, the applicants have indicated that: their septic system is properly functioning; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on October 5th, 1992, at 7:00 p.rn., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Robert and Suzanne Merrill on property situated at 620 Glen Street, Queensbury, New York, and bearing Tax Map No. 102-2-8, and BE IT FURTHER, RESOLVED, that the hearing shall be on written notice to the applicant and said applicant shall be entitled to ten (10) days written notice, with the provision, however, that this notice may be waived by the applicant by affirmative action or by appearance at the time and place of the hearing, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the date of the hearing, which Notice of Hearing shall be in a form substantially consistent with the Notice presented at this meeting. Duly adopted this 21st day of September, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 511, 1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT Queensbury Water Highway Fund #04 $200,000.00 Fund #40 Queensbury Water Fund #40 Quaker Road Sewer Fund #32 $100,000.00 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed 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 21st day of September, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.:512, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz 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: BUILDING & GROUNDS: FROM: TO: AMOUNT: 001-1620-4400-0024 (Misc. Contractual) 001-1620-4650-0024 (Air Condo & Furnace Repairs) $ 230.00 WASTEWATER: FROM: TO: AMOUNT: 32-8120-2001 32-8120-4400 $10,000.00 (Misc. Equipment (Misc. Contractual Quaker Road Sewer Quaker Road Sewer District) District) WATER: FROM: TO: AMOUNT: 40 8330 4280 (Caustic Soda) 40 8330 4250 $10,000.00 (Alum) 4083201791 (Instrument Technician) 408320 1780 (Water Plant Technician) $16,500.00 4083201791 (Instrument Technician) 408330 1420 (Laborer B) $ 811.75 Duly adopted this 21st day of September, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano Mr. Brandt NOES : None ABSENT: None SUPERVISOR BRANDT-Noted for the public, as Supervisor and Budget Officer, I submitted today the preliminary budget to the Town Board and to the Town Clerk as prescribed by law. That information can be obtained from the Town Clerk. It's a pretty tough budget, it includes about a $800,000.00 decrease in the general fund but then there's an $100,000.00 increase commitment of taxes from the general fund to be sent to the highway department. It's going to dominate discussions and we'll need some workshops to start working on it. I'd like to request a workshop regarding appointments for the ethic's boards. Town Board held discussion and agreed to schedule a meeting on Wednesday, September 23rd at 6:00 p.rn., a workshop regarding appointments for the ethic's boards, to be followed by a budget workshop at 7:00 p.m. in the Supervisor's Conference Room. SUPERVISOR BRANDT-Noted, tomorrow I'll be going with a couple of other people, Ralph VanDusen and Mr. Morse to the Town of Islip to look at the Rolite Manufacturing process, some of the technical data and the process as a potential method of handling ash from the burn plant to be used as part of our landfill closure. BUDGET DISCUSSION COUNCILMAN MONAHAN-Questioned whether some Department heads will be present for the budget workshop on Wednesday? SUPERVISOR BRANDT-I'd rather we start with ourselves and then invite in the department heads. COUNCILMAN MONAHAN-Normally we do all the departments. SUPERVISOR BRANDT-We have a major discussion with the Highway Department. Our budget right now for this current year in the Highway Department is set at $2,400,000.00, there's quite a bit of that, that really is funny money and really isn't available and the current rate of spending we calculate at, about 2 million dollars a year. With CHIPs program removed from the State budget, that's another $130,000.00 taken out of that budget. That's a major loss of paving and I want the public to know that, so that they can get a hold of their State Representatives and demand that money be reinstated so that local roads can be paved. If that money were restored, then the proposed highway budget is about a $1,900,000.00 which is still a sizeable decrease. I think it's going to take a lot of discussion with the Highway Superintendent as to exactly how we're going to handle it. Beyond that, the discussions are open to all department heads. COUNCILMAN CAIMANO-I think we need to have a couple of things. I think that the first part of the budget session ought to be your philosophy as to what you had intended. I think I know what you had intended. Correct me if I'm wrong, but basically we're trying to maintain our tax rate and not use appropriated fund balances if we could, keep that at a zero. That being the case, there are some numbers that I would like to question. I see a possibility of not such drastic cut backs and also there's a question of why do we cut back some departments at a large percent, 20, 22, 26 percent and others only 1 or 2 percent. Those questions are philosophical questions that you need to tell us because I have no idea how you did this or what your philosophy was when you did it. Once we get that established, I think the very first people we should bring in is the highway department. I think there we have the most visible and largest department of our town and it is going to take the largest cut. The last number that I saw and I went over it quickly was a 26% decrease in their expense budget, I have not looked at the other side yet. So, I think that is the first one we should look at after we hear from you philosophically about how you did it. SUPERVISOR BRANDT-It will not take me very long to go through the budget with you, it depends on what depth you want to go but I can go line by line, department, by department with the department heads there as well as without. So, we could schedule someone in... COUNCILMAN CAIMANO-I think we should schedule Highway first, I think, don't you? COUNCILMAN MONAHAN-Yes, I was wondering that night Highway is usually a long, long one, 7 to 9 - 10 yea... COUNCILMAN TUCKER-I am all new to this stuff, I have not seen this, only the cover. COUNCILMAN MONAHAN-That maybe all you want to see Pliney. COUNCILMAN TUCKER-That could be. COUNCILMAN CAIMANO-You may not want to see the rest of it. SUPERVISOR BRANDT-Why don't we take the first night and we will go through it together and I will take you through it line by line page by page and show you what, how it reads and what it reads and why it reads the way it does. Then we will pull in department heads after that. COUNCILMAN CAIMANO- That is fine with me. COUNCILMAN TUCKER-I have a question for the Town Attorney, and then I will shut my mouth. It is to do with Planning and Zoning, we have people coming in here with subdivisions getting subdivisions approved agreeing to do things, they get approved they sell the subdivision and the things they agree to do go down the pike. Is there anything within the law that we can do to stop that? ATTORNEY DUSEK-Yes. Some of the items if they are approved in the subdivision and they are on the subdivision plat they would be taking, the new owners subject to whatever those things are on the plat and I think we can force that against whoever. We can take a look at the cases. Now, on the other hand if they are not on the plat or if there were agreements that were made but not part of the final approval process then that may cause some problems, but I think what you would have to do is take a look at a case by case basis and see if you can enforce these things. COUNCILMAN TUCKER-Is there any reason that there could not be a rule put into the regulations where if a guy comes in here and gets approved for a subdivision and then he decides to sell it that the new owner has got to come in front of the Town Board or the Planning Board and tell him the things he has got to comply with. We got a situation the other day has it all settled and then the Attorneys got involved and two engineers got wound up, blamed for the screw up. We are just, well you know about it, and I was just wondering if we could eliminate that. ATTORNEY DUSEK-There might be some different things that we can do we can take a look at it. Initially, though the subdivision approvals would travel with the land and like I say if it is on the subdivision maps and it is in the records presumably whoever buys into it takes subject to that. I do know that in our PUD ordinance for example we have a provision that requires that the Town be notified of a change in ownership. Now, maybe that's what needs to be added to the subdivision regs as well and maybe a provision that says that the new owner, the town thereafter has the right to furnish the new owner with a copy of the resolution and subdivision. Maybe we can put something in there in terms of a timing type of mechanism so that we can get notice out so that the new guy who walks into it at least will know what he is walking into and presumably then work to take care of the problems. Frequently, if a new guys knows that there is something going on he may look to the guy he is buying it from as part of their deal to work this thing out and that may help the town, so there maybe some things that we can do. COUNCILMAN MONAHAN-Pliney this is one reason why I have worked so hard to get the land in this town on a computer. Because once you have approved a subdivision you can put all those conditions right into the computer and the building department just hit that thing for any permits for anything that is issued and make sure all those conditions have been met. I think that's one reason we have got to get that department computerized it should have been done three years ago, at least. COUNCILMAN TUCKER-Well, it's something we have got to get a handle on here because it creates a lot of problems and shouldn't be. COUNCILMAN MONAHAN-People are doing things that they were, you know, agreed not to do or visa versa. COUNCILMAN TUCKER-People are not just keeping their word, we've got to pass a law so that they do. COUNCILMAN MONAHAN-We do not have a good method of tracking. COUNCILMAN TUCKER-That's it for me. SUPERVISOR BRANDT -Any other thing from the Board? COUNCILMAN MONAHAN-Paul, I have a question too while we're on planning and zoning. Has the Director as Zoning Administrator made some determinations about two lot subdivisions that don't seem to be in agreement with the ruling on the law that we passed? ATTORNEY DUSEK-The only one that I'm familiar with is and I was involved with in a conference with the Executive Director on this and that is, a question arose as to whether a two lot subdivision, once it had gone for a variance, still needed to go through or could go through the two lot subdivision process. We evaluated it, read through the law and there seemed to be no logical reason why it could not still do that. After you get a variance, it's not a non-conforming lot but rather a lot that's been authorized by variance. There seemed to be checks in the system as far as the Zoning Board is concerned because they could refer it to the Planning Board if they desired. It seemed like a logical thing to do, especially in light of the fact that the application we were looking at, I was told ultimately would just go through an expedite review in any event. COUNCILMAN MONAHAN-But Paul I specifically remember that law that said you can only get a two lot subdivision if certain conditions were met. ATTORNEY DUSEK-That's correct. COUNCILMAN MONAHAN-And one was, that it didn't have any variances. ATTORNEY DUSEK-No, that didn't say that in the law. COUNCILMAN MONAHAN-Well that's what we made one of our conditions and .... COUNCILMAN CAIMANO-Pretty sure that's part of it. COUNCILMAN MONAHAN-If it didn't say it in the law, our Attorney has not done what this Town Board thought he was doing. ATTORNEY DUSEK-I have to, you know, on that as far as it was never set forth in the law and I didn't require, I didn't remember or know of any conditions that you wanted in that regard. COUNCILMAN MONAHAN-It doesn't make sense that any lot, any place in this Town can come for two lot subdivisions and that was part of our requirements. COUNCILMAN CAIMANO-As I recall, it was. COUNCILMAN MONAHAN-Yes. ATTORNEY DUSEK-I read through the law and to be honest with you, I do not remember that coming as part of the conversations. SUPERVISOR BRANDT-I don't remember that either. COUNCILMAN MONAHAN-There were no roads, no roads. Well it doesn't make sense Mike if you're going to do two lot subdivisions in places for variance because we said for size, it had to conform. So what's the variance that you were talking about? SUPERVISOR BRANDT-I know one thing we were trying to do is simplify what we're doing and every time we add another one of these things, it's another piece of processing. My God, we certainly have got process. COUNCILMAN MONAHAN-Well I will tell you, I also see a consorted effort to go around the planning in this Town and to go around the will of the regulations that were put in by interpretation and I firmly remember that was it. Both lots had to be of a conforming size, they wouldn't have any variances, no new road was established and I can't remember some of the others. Otherwise, we batted those around whether or not they should be able to bypass the Planning Board entirely. ATTORNEY DUSEK-The only thing I can assure the Board is that if! had recalled at the time that there was any discussion concerning variance, certainly even if the language can be interpreted two ways, I would have went that way. I didn't recall that, I read through the language with the Zoning Administrator, it seemed that the interpretation suggested was reasonable and I did back him on it. COUNCILMAN MONAHAN-What kind of variance are we talking about? ATTORNEY DUSEK-In this particular case, I can't remember. COUNCILMAN MONAHAN-Well I would like to see the paperwork on that particular and I would like to see a written determination from the Zoning Administrator and take it from there because I am appalled, frankly, when I heard this. Because it seems to me, we're thwarting an awful lot of things in this Town and apparently to do favors for some people and I didn't check to see if they were Republican or Democrat. SUPERVISOR BRANDT-If that's an accusation, put it on the table. Say who did what and let's get right into it. COUNCILMAN MONAHAN-The accusation, there's no accusation. There's no accusation except that we had a member of this Board, as far as I'm concerned, behave in a way that did not put a good light on a member of this Board at a Zoning Board Meeting the other night. SUPERVISOR BRANDT-Why don't you get specific, name names and start talking english. I mean, if you've got an accusation, make it for God's sake, don't insinuate it, make it. Say it. COUNCILMAN MONAHAN-I'm not, let's see. Mr. Brandt at a Zoning Board Meeting about the extension of Mrs. Eggleston's variance to have a building permit on a lot that was a non-conforming lot. Well Mrs. Eggleston and that's referring to Joyce Eggleston, came before us and our Board and pointed out there's an appearance in what we do in Queensbury when we kind of enforce the law at our discretion in a differential way, different with different people and I see the same danm thing here. This government belongs to all the people of Queensbury. It doesn't belong to click, no it says I doesn't belong to a click and it looks to me like it's run like a click. It looks like there's special privileges for the click. If you're a republican committeeman, your the daughter of a republican committeeman, things slide through pretty fast. If you're just Mr. Joe Average, by Christ, you can't get anywhere here. You've got two classes of citizenship and I'm sick of it and I'm sick of representing it to the public and I think you ought to look at it very hard before you go on. I think you've got an obligation to the neighbors. Will the sewer system work? Has anybody gone out there and checked further down the, no to see what the soils are like, sorry. It's mountainous soils, I have a place a little further down the mountain and I know what the soils are like. They're not necessarily easy to work with. Someone ought to find that out. When you take 3/8ths of an acre, 16,000 square feet ofland and take 10 acre zone and you say, gosh, let's just run this through, it's one of our friends, I think you've got more obligation to the Town than that. I think you ought to stop and look carefully. That's one small paragraph out of one, two ... SUPERVISOR BRANDT-I did, if your saying, did I say that, I did say that, you bet. COUNCILMAN MONAHAN-And about three pages of testimony where the Supervisor of this Town went before the Zoning Board. The Zoning Board is set up by the State of New York as a quasi-judicial board supposedly free from interference or pressure by the Town Board. I'm a little discouraged when I see a Town Board member trying to put pressure on a Zoning Board and this is not the first time that it's happened. SUPERVISOR BRANDT-I've been there twice. I'm not ashamed of it, I think as a citizen, I have a right to appear before that Board and I'll go there as often as I see fit unless the law prohibits me from that. I think that my views are, have as much validity as anybody else and I'm not afraid to express them. COUNCILMAN CAIMANO-I think you're absolutely right, just as long as it's expressed as your views and not the Town Board because it was not the Town Board speaking at all. SUPERVISOR BRANDT-I certainly expressed them as my views, I did not represent the Town Board, I can't and I don't. The Town Board represents it's self, I represent myself. Your welcome to go there if you disagree with me. COUNCILMAN CAIMANO-Actually, when you think about it, that's one of the reasons why I ran for this job was because somebody else did that one time. I'm not picking on you necessarily but I as an individual, I don't like the pressure that it brings on other Boards. I didn't like it when I was on those Boards. I think that we have a right to go to those meetings when there is testimony being held, for Red Lobster, for example, where eventually we're going to make the decisions. So we go in the audience and we listen to the testimony. But to go otherwise puts undue pressure, especially when we are the final, the final arbiter and we have the ability to do whatever has to be done at the end. So that's my own personal opinion. I actually had a situation where a neighbor, I was notified by the ZBA because I was within 500 feet and I could have gone, my wife and I could have gone and I chose not to because I feel strongly my way about that. I don't think we should put pressure our other Boards. SUPERVISOR BRANDT -First of all, these Boards, members are appointed for long term. You explain to me how my statements can bring undue pressure on them? I can't threaten them in anyway. I can't threaten them in any possible way. I have a right to express myself as anybody else does and I'm not giving that up because you don't like it. I'll still speak my peace and I'll do it any time I feel like it when I have a constitutional right to do it and you sure as hell won't chill it. So if that's understood, let's get on with it. COUNCILMAN MONAHAN-Fine, then I think the first thing when you do, when you approach a Board, that you make sure that you inform them that you are speaking as an individual. Secondly, I think some of those statements in there were uncalled for. As a private individual, you can say whatever you want to. SUPERVISOR BRANDT -And I did. COUNCILMAN MONAHAN-But you're also, always the Supervisor of this Town. SUPERVISOR BRANDT-And I did say what I had to say and I spoke as Mike Brandt, citizen. Okay, anything else? ATTORNEY DUSEK-Mr. Supervisor, I just feel I have to address one comment that was made earlier on, just to be sure there's no misunderstandings from what was said when you got into this conversation. It seemed there was a suggestion that perhaps, a question has arisen as to whether that, the decision that was reached by the Zoning Administrator as counseled by myself, had anything to do with politics of any nature. I want you to know that first of all, I don't even remember who the person was for the variance in that subdivision application. I certainly at that point didn't probably have any feeling for them one way or another as far as knowing them, maybe it is somebody I know, I can't remember now. But the decision and the advice that I gave to them and I want this understood and on the record I guess at this point, was made on the basis of a reasonable interpretation of the laws that were before me. An interpretation that I felt would be upheld by a court oflaw if in fact it were challenged. So that's the basis of that decision and I just want to let that be known for the record. COUNCILMAN MONAHAN-Paul, I did not mean for you to infer that I thought in anyway you were involved. I have heard little rumors about this and I do, that's why I asked for the paperwork on it. But not with you involved. I'm sorry if you thought that I meant that because I did not. ATTORNEY DUSEK - I just wanted to, I maintain, very strict in terms of avoiding politics or anything else. COUNCILMAN MONAHAN-I know you do, I know you do. SUPERVISOR BRANDT-If we're into rumors, would you like to put them on the table? COUNCILMAN MONAHAN-When I check them out. SUPERVISOR BRANDT-Well okay, so right now, there just innuendoes. COUNCILMAN MONAHAN-There not even an innuendo, it something that I will check, do my homework on and check out. SUPERVISOR BRANDT -Great. Anything else from the Board members? OPEN FORUM 7:30 P.M. JIM ROSSI, 645 Big Boom Road, Queensbury-I'm here because I've been having complaints on my property from Joyce Eggleston that was told to me by Mr. Hatin when I started building this 2 car garage that I was approved for when I built it. I built it to code and I've been harassed ever since. I don't like the harassment, I've come to this community hopefully to be happy here. I've had complaints from Paul Naylor that my land was washing down her street into her yard. That land is the same way, if anything my garage is stopping the sand from running down the road. There was never a culvert in that road when I moved in there, everybodies driveway is even with the road. Below the road I tried to dig with my own backhoe, is another road. So Paul came down and checked it out, said your right Jim, there's never been one here, we can't stop all that water from up there going down towards the river. There's no way I can stop it. If the Town knows this, it's the Town's problem, as far as I'm concerned. That's one complaint, the other complaint of the harassment of the garage, I've been accused of things with the garage that has not even been done yet. I don't like it, I've called my attorney on it and I am going to follow some kind of suit. These complaints were brought to the Town's attention through the Executive Director Bob Parisi. Bob and I have had 2 or 3 different meetings and every time something happens that night, the next day I was shut down. It seems like, if it is Joyce Eggleston that is doing this, why do they respond to her so fast, when I went up there with 3 complaints and I haven't heard a thing on any of the 3 complaints, because I'm only part of the community. I don't belong to any Board of Appeals, I don't belong to any part of this Town, I just moved into this Town. I'd like to have some kind of an answer somewhere before I proceed on. I don't want a lot of trouble, I just want to be happy and as a result, I'm moving out of that street to another street where hopefully I won't have the problem. It's cost me alot of money. Don't accuse me of something I haven't done yet. I was accused of having 2 garages. When I first applied for this, I had Vic down there and looked my whole property over before I built anything. He said, Jim this is what you can do, this is what you can't do. I brought him up there, I said what is this, he said, it's a carport Jirn. I want to make sure, he said it's a carport. I got called back in by Bob Parisi, saying you lied to me. I said the man told me it was a carport. He said it was boxed in on 3 sides, he was right, it was. But I didn't make that call, Vic did. Maybe Vic made a mistake but why should I suffer for it, he has a job, he's being paid to do this job by his taxpayers and he should know what he's talking about. So in turn, I agree to tear sections off the so called garage, to make it a carport and it's gone on from there. I think I'm being harassed and I'm not happy about. COUNCILMAN MONAHAN-I intend to come out to the site, but it's going to be hard without having some detail. There's been a remark that the new garage does not meet our setback requirements. Can you give me any light on that situation? MR. ROSSI-When I applied for this, the requirements that I was told was, if I'm not mistaken, 10 feet from the side property. COUNCILMAN MONAHAN-It probably considered a front. MR. ROSSI-I live on two roads, my property runs from Big Boom Road to Twin Channels Road, so actually I have to front yards. I went through all that with Mr. Parisi, on where to put this garage, I have a front yard and I have a front yard, you tell me which one is the back yard. We don't have one, we have two side yards. I am within setback requirements because I made sure of that and from the road, I made sure I was plenty far enough back before I built it. COUNCILMAN GOETZ-You're in Waterfront Residential, I think, the which may have different setbacks. MR. ROSSI-I asked for help when I did this, to make sure that it was done right. SUPERVISOR BRANDT -Maybe this law is a little complicated. COUNCILMAN GOETZ-We have that proposed to change. COUNCILMAN MONAHAN-Those that we can tell which is the front yard on two roads. COUNCILMAN GOETZ-Right, it's for corner lots. MR. ROSSI-It was explained to me by this Town in the office, I don't know who it was, that if my front door was on Big Boom Road, that was my front yard. COUNCILMAN GOETZ-This was told to you other than Vic Lefebvre? MR. ROSSI-Yes. SUPERVISOR BRANDT-I'll tell you my observation, I have seen what you've done and I don't pretend to know that law. But I see professional people here in the Town working hard, trying to do their honest best and hellish differences of opinion develop as to what that law means. I think it's not very easy to understand, even for professionals and I think it needs to be cleaned up. That's one of the things we tried to target on but we haven't been effective at it yet and we still got to do it. We need to make that law simpler for us to administer, as well as for you to comply with. I'm sorry for what's happened so far, but it just tells us that we've got a lot of work in front of us. MR. ROSSI-Actually, North American has got a drainage system in there and I don't know the whole story on this, I just bought this house in December. But the people told me that they put a drainage system in my yard with a pipe running out of the bank, that was done by North American, paid for that to help that water problem that came from their parking lot. COUNCILMAN MONAHAN-It's on your property? MR. ROSSI-It's on my property. COUNCILMAN MONAHAN-Was there ever an easement? MR. ROSSI-I have no idea. COUNCILMAN MONAHAN-The easement should have shown up on your deed if it's on your property. MR. ROSSI-It didn't show up on my deed. COUNCILMAN TUCKER-Where is the pipe located compared to your new garage? MR. ROSSI-It's actually a little to the left of my garage and I banked with my own machine so it wouldn't wash out the guy next door. So really the guy that's getting washed out is me, personally. COUNCILMAN MONAHAN-When do you think this was done? MR. ROSSI-I would say in the last few years. COUNCILMAN MONAHAN-Paul, how long have we had the rules on the book, is that since 1988, that you've got to take care of the drainage on your own lot? ATTORNEY DUSEK-It would have been part of your subdivision regs before that. COUNCILMAN MONAHAN-Yes, so something is crazy about that because we have a rule and regulation that says that you have to take care of the drainage on your own lot, you can't shoot it somewhere else. COUNCILMAN TUCKER-How long has your house been there? MR. ROSSI-Since 1969. COUNCILMAN TUCKER-I don't think North American has been there that long. MR. ROSSI-No. COUNCILMAN TUCKER-Joyce do you have any idea? JOYCE EGGLESTON-Before I built there, which was 10 years ago. They do have a draining system right in their yard and there's also been new drains put in at the top of the hill by the Town, so I don't feel the water comes from there. Actually Mr. Rossi's yard did not wash out until he backhoed it out. Nobody answered the question regarding the setbacks. COUNCILMAN GOETZ-It's 30 feet from the front. MRS. EGGLESTON-Yes and it's 20 on the side. COUNCILMAN MONAHAN-No it says, 30 front, the rear is 20 and the sum of the side yard shall equal 50 feet or more with a 20 foot minimum on one side. MRS. EGGLESTON-Yes that's what I said and it's not meeting any of the setbacks. MR. ROSSI-Not meeting which ones? COUNCILMAN CAIMANO-Any of them. MRS. EGGLESTON-It's not 30 feet from the road. MR. ROSSI-It most certainly is. MRS. EGGLESTON-Mr. Parisi has measured it himself and by his own words, 28 feet at max. CRAIG SEELEY-Gee Joyce how far is my house from the river? Your telling me I'm building within 75 feet of the water. I'm 150 feet off the water Joyce. SUPERVISOR BRANDT -Hang on, we've got to do one at a time here. MR. SEELEY-No, this is ridiculous. SUPERVISOR BRANDT -Perhaps it is. COUNCILMAN CAIMANO-But it's not going to get settled here. MR. SEELEY-Where are you guys coming from? COUNCILMAN CAIMANO- We're working on these things but it doesn't happen over night. You don't have any problems and you were told that. MR. SEELEY -Well, I didn't think I had any problems either but when I hear that I have problems, it makes me very concerned. SUPERVISOR BRANDT-You don't have a problem officially with the Town of Queensbury, you had someone that was complaining. MR. SEELEY-I can't believe you people. Why are you giving us people that aren't doing anything wrong such a hard time? COUNCILMAN CAIMANO-Before you go any further, what is it that we're doing? We know what Mr. Rossi's problem is, we've been there. I don't know what your problem is, I still don't know what your problem is and he tells me that you don't have a problem. So why are you here? MR. SEELEY-I've got a problem with people complaining that I'm doing something wrong when I'm not doing anything wrong. COUNCILMAN CAIMANO-Who is complaining that your doing something wrong? MR. SEELEY-Joyce Eggleston. MRS. EGGLESTON-No I did not. MR. SEELEY-How did you guys end up down at my property on Monday, looking it over? MRS. EGGLESTON-Mr. Brandt what I said was and I was showing the inequity in fairness to people. Mr. Seeley built his house without benefit of, actually what he obtained was a permit to remodel an existing an old camp ... MR. SEELEy-It still is an existing old camp. MRS. EGGLESTON-What he built, was a beautiful three story ... MR. SEELEY-All right, God forgive me for improving the community. MRS. EGGLESTON-Let me finish. SUPERVISOR BRANDT-Wait a minute, one at a time. Joyce go ahead. MRS. EGGLESTON-If somebody would read the minutes instead of you listening to gossip, you would see that I did not say you did anything within 75 feet of the river. I said in a critical environmental zone, you were not made to conform to what everybody else has to do in a critical environmental area like Mr. Reynolds at the foot of the hill. That's my point, that everybody has to be treated the same. I did not have a problem with what you had and if you read the minutes which are a matter of public record, you would see that. SUPERVISOR BRANDT-We are getting way off the subject. First of all the Town has no problem with what you built Mr. Seeley. MR. SEELEY-I think you've got your priorities mixed up. SUPERVISOR BRANDT-It was addressed to us and put on the record, so we went down and looked. We've got problems, zoning and zoning law, town planning and we know we've got problems and we've like to get ... MR. SEELEY -So why are you bothering us? COUNCILMAN MONAHAN-Has anybody officially bothered you? MR. SEELEY-I've had Mr. Brandt, Mr. Pliney and Dave Hatin down at my property looking it over to see if I've been doing anything wrong. COUNCILMAN TUCKER-Well that's how you check out complaints. What can we do, nothing? COUNCILMAN MONAHAN-As a result of that, did anybody take any kind of action? MR. SEELEY-Not at this point. COUNCILMAN MONAHAN-Well than, nobody is doing anything. SUPERVISOR BRANDT -And we're not going to, there's absolutely nothing to take an action for. We talked to several neighbors, there was another neighbor where there was a complaint about excavation, we talked to them about. COUNCILMAN TUCKER-The man across the road that's doing the excavation, he explained his situation to us and he got 90 days, just what he asked for. MR. SEELEY-He'll never get it done in 90 days. SUPERVISOR BRANDT-Then ask for an extension. MR. SEELEY -You guys intimate people though. SUPERVISOR BRANDT-Well I hope we didn't intimate you. MR. SEELEY -You don't intimate me. SUPERVISOR BRANDT-I don't think the Board wants to intimate anybody. MRS. ROSSI-We have one year for this garage and we've already been asked why our trucks are still on our property. COUNCILMAN GOETZ-But I thought there was mitigation, a mitigation agreement drawn up. MR. ROSSI -Yes there was, one week after the garage was completed and approved. MRS. ROSSI-It's not finished. COUNCILMAN TUCKER-He agreed to it didn't he? MRS. ROSSI-It's not finished, it's not even a year yet. COUNCILMAN GOETZ-I know, my question is why did he agree to having it done in one week? MR. SEELEY-Because you guys intimate people. COUNCILMAN GOETZ-We didn't. MR. SEELEY-Well who is it then? COUNCILMAN GOETZ-It's the planning and zoning department which I did have a question on the mitigation but you ... SUPERVISOR BRANDT-Let me tell you, that's also subject to a later discussion we're going to have in Executive Session so let's leave that one alone and keep going. Anyone else that would like to address us on any matter? OPEN FORUM CLOSED 8:00 P.M. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 513, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss litigation, personnel, professional services, and matters leading to the appointment of certain people. Duly adopted this 21st day of September, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO. 514,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 21st day of September, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None REGULAR SESSION 9:06 P.M. RESOLUTION OF TERMINATION OF EMPLOYMENT RESOLUTION NO. 515,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, previously authorized the establishment of the position of Executive Director of Planning, Zoning and Codes Enforcement, with the term of this position to be at the pleasure of the Town Board and the Town Board subsequently appointed Mr. Robert Parisi to said position, and WHEREAS, the Town Board of the Town of Queensbury notes that the specifications for the aforesaid position have not been formerly adopted by Civil Service, NOW, THEREFORE BE IT RESOLVED, that the said Town Board hereby terminates the employment of Mr. Robert Parisi, effective Tuesday, September 22, 1992 at such time during that day as the Deputy Supervisor shall determine to be appropriate. Duly adopted this 21st day of September, 1992 by the following vote: AYES: Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION ASSIGNING DUTIES OF ZONING ADMINISTRATOR RESOLUTION NO. 516,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury, by virtue of Local Law, may assign or delegate the position and duties, responsibilities and authority of Zoning Administrator to any qualified employee or officer of the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town board of the Town of Queensbury hereby temporarily assigns or delegates the position and duties, responsibilities and authority of Zoning Administration to Assistant Planner Scott Harlicker, on the condition that zoning matters, concerning application of the Zoning Ordinance or other town and state laws, be reviewed with the Town Attorney until further notice and, BE IT FURTHER RESOLVED, that Mr. Harlicker shall hold said position of Zoning Administrator in addition to his usual and regular duties, on a temporary basis and with no adjustment in salary . Duly adopted this 21st day of September, 1992 by the following vote: AYES: Mrs. Goetz, Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION APPOINTING ASSISTANT PLANNER RESOLUTION NO. 517,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the position of Assistant Planner has previously been created in the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the Civil Service Law, hereby appoints Arlyne Ruthschild as Assistant Planner at an annual salary of $23,500. prorated to be paid from Account #1-8020-1610. Said appointment to commence as soon as possible, said appointment to be provisional in accordance with the Civil Service Laws and carry a probationary period in accordance with the letter to be sent to the appointee by the Town Supervisor. Duly adopted this 21st day of September, 1992 by the following vote: AYES: Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: Mrs. Monahan, Mr. Caimano ABSENT: None No further action was taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury