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1992-10-19 TOWN BOARD MEETING OCTOBER 19, 1992 7:00 P.M. MTG #99 Res #552-565 BH #24-25 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Tim Brewer, Jim Martin, Mike Shaw PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BRANDT Supervisor Brandt called meeting to order ... noted first on the agenda, a public hearing for a proposed local law, amendment to the zoning ordinance. Requested Town Attorney to review the proposal for the public. Attorney Dusek-Questioned the Clerk if this hearing has been properly advertised, no less than 10 days prior? Deputy Town Clerk Mitchell-Yes. Attorney Dusek-Reviewed the proposal, noting that the recommendations are from a mixture of sources... some from the staff, zoning advisory committee, the AP A, New York State Laws and some previous approvals. Noted further, section 1 having to do with accessory use, corner lots on two or more streets and yards; front, rear and side. Sections 2 and 3, recommendations from the APA. Section 4 deals with collector or arterial roads. Section 5 deals again with corner lots. Section 6 and 7 allows for the joining of commercial properties, encouraging traffic flow. Section 8 refers to minimum lot area requirements. Sections 9 and 10 are certain provisions taken out, relating to Section 8. Section 11 and 12 deals with Zoning Board of Appeals, requirements for Granting Variances, Zoning Board of Appeals Hearing, AP A reviews. Section 13 deals with the Zoning Administrator. Section 14 notes the change of the term Building Permit to Zoning Permit and Section 15 deals with criteria for zoning permits. Supervisor Brandt opened public hearing. PUBLIC HEARING PROPOSED LOCAL LAW, AMENDMENT TO THE ZONING ORDINANCE 7:10 P.M. Notice Shown BARBARA PALLOZZI, Ridge Road-What do you consider a common driveway? How many would you allow? COUNCILMAN TUCKER-There is no limit. MRS. PALLOZZI-When does it become a road? COUNCILMAN MONAHAN-How can you have more than 2? ATTORNEY DUSEK-There are some limitations through subdivision but this does not state any limits. JIM MARTIN, Executive Director-Under subdivision, it requires a width of 24 feet for Town road. COUNCILMAN MONAHAN-But you can have a driveway, they can be any size, any number. TOM NACE- There are certain restrictions under state law. ATTORNEY DUSEK-When you have 3 or 4 lots, I believe it's 4 lots, it involves a homeowner's association which must be filed with the Attorney General's Office. MR. MARTIN-The Planning Board a short while ago, I believe, approved Knox Subdivision, a 10 lot subdivision with 4 lots to a private driveway. MRS. PALLOZZI-I would like to know what you consider the definition ofa lot of record? I have in my mind what I consider it to be but I want to know your definition. COUNCILMAN MONAHAN-A lot of record is a lot that has been filed with the County Clerk. ATTORNEY DUSEK-After 1988. MRS. P ALLOZZI -Your making a blanket for every lot, it defeats the purpose of Zoning and Planning Boards. Your not putting in any kind of restrictions. COUNCILMAN MONAHAN-She's right, the way this reads, your wiping it all out. SUPERVISOR BRANDT-Well what's the impact? MRS. PALLOZZI-This allows any lot to become legal. ATTORNEY DUSEK-I understand what she is saying. I think the error is in the language, a word is missing. It needs some clarification. It was not the intent of this but it needs clarification. MRS. PALLOZZI-It would be very simple to fix. Just add, any lot of record lawfully in existence as of October 1, 1988. COUNCILMAN CAIMANO-What can we do? SUPERVISOR BRANDT -Paul, can you add some language? I'd like to move on with this. COUNCILMAN MONAHAN-You may have to readvertise, hold another public hearing if this is a significant change. SUPERVISOR BRANDT-I don't consider this a significant change. ATTORNEY DUSEK-We haven't received all of our approvals, so we'll have to hold off before taking any action on this tonight. MRS. PALLOZZI-What about E? COUNCILMAN MONAHAN-Where are you Barbara? MRS. PALLOZZI-Page 5, Section 8 E. ATTORNEY DUSEK-It refers to non-conforming lots in the Adirondack Park Agency and Critical Environmental areas only, as the language defines. MRS. P ALLOZZI -Why not for all areas? Why just in those areas alone? If Mr. Smith has this and Mr. Jones has this ... I forgot who had what, but anyway, that should be allowed. SUPERVISOR BRANDT-So what your saying, you think it should apply to all areas. How soon do you think we can get this together? ATTORNEY DUSEK-We're waiting to hear from the Adirondack Park Agency, we did hear from Warren County, so possibly next week. SUPERVISOR BRANDT -Okay, is there anyone else that would like to speak on this? Then I'll close the hearing. PUBLIC HEARING CLOSED Supervisor Brandt-Next on the agenda is a public hearing on the Hiland Park Sewer District and I'll ask Paul to review this with us. PUBLIC HEARING PROPOSED BENEFIT TAX - HILAND PARK SEWER DISTRICT 7:25 P.M. Notice Shown ATTORNEY DUSEK-First I'll ask the Clerk if this has been properly advertised? DEPUTY TOWN CLERK MITCHELL-Yes it has. ATTORNEY DUSEK-This is a proposed benefit tax roll for Hiland Park Sewer District, to pay for district improvements consisting of capital improvements made to the Central Queensbury Quaker Road Sewer District to accommodate Hiland Park. Hiland Park has been in touch, they sent me a fax today and I've been on the phone with their attorney. They feel they have a way to fulfill their agreement with the Town without the benefit tax roll. I would recommend that we hold the public hearing but hold off from taking any action tonight. We still have time. They are working on this and in my opinion, we should wait and see what we can collect. SUPERVISOR BRANDT-Mike, would you like to go through this with us? MIKE SHAW, Wastewater Superintendent-This is similar to what we recently adopted for the Quaker Road Sewer District for 1993, a point system, that will appear on the January tax bill. This also, if passed, will appear on the January tax bill. This system is $26.10 per point but there are only four classes that will apply to Hiland Park, classes A, B, E, and F. Classes Bl, C, Dl, and D2 will be removed because they do not apply to Hiland Park. ATTORNEY DUSEK-This does not change the tax roll, only the classes are changed for Hiland Park. MR. SHAW-This changes each year, every year. ATTORNEY DUSEK-For Hiland Park though, this only collects for the amount due. Once we collect what is due, there's no more go around. But I will say, it looks good, it may not have to come to this. JOE SA VONA-I would like to submit an analysis for you to look at. I've been a resident of Hiland Park since 1989 and the tax rate has grown dramatically. If you look at this, you can see that the tax rate has gone up, as much a 40 percent. I will say that we did see a slight drop in 1992. Please consider these increases. Thank you. MRS. P ALLOZZI -You all know who I am and as a resident of Queensbury Central Quaker Road Sewer District, we've been paying big time. Hiland Park has not paid their fair share for sewer and it's time that they do. Thank you very much. SUPERVISOR BRANDT-Is there anyone else who would like to speak? Okay, I'll close this hearing. PUBLIC HEARING CLOSED 7:35 P.M. Supervisor Brandt-Noted, that I have spoke with Gary Bowen and he's involved in a lot oflegal matters but he feels that they will be able to make their payment. I think they are making some positive progress on this. Councilman Goetz-Questioned the time limit? Attorney Dusek-Noted, as late as December, depending on how long the County will wait. I will say that there has been alot of communications from their attorney and it looks very promising. They've come along way and is a very complex involved issue. RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 552, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session to enter as the Queensbury Board of Health. Duly adopted this 19th day of October, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR RICHARD MACHOLD RESOLUTION NO. 24, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances to such Ordinance, and WHEREAS, Mr. Richard Machold has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Tables 5 & 6, such standards providing that there be 375 square feet of absorptive area, and WHEREAS, Mr. Machold has indicated a desire to provide only 251 square feet of absorptive area, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 2nd, 1992, at 7:00 p.rn., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Richard Machold, to provide 251 square feet of absorptive area, rather than providing the mandated 375 square feet of absorptive area, on property situated at 18 Hillcrest Avenue, Town of Queensbury, New York, and bearing Tax Map No.: Section 91, Block 3, Lot 20, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 25, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Queensbury Board of Health adjourn and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 19th day of October, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY TOWN BOARD RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 553, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of October 1st, 1992. Duly adopted this 19th day of October, 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 FOR MRS. IRENE HOWE RESOLUTION NO. 554, 1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is 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, Mrs. Irene Howe has 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: the house is in the process of being destroyed; and WHEREAS, the applicant has indicated that: there are not any services connected to the house and have not been for five years; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on November 2nd, 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 Mrs. Irene Howe on property situated at 88 Glenwood Avenue, Queensbury, New York, and bearing Tax Map No. 61-1-31, 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 19th day of October, 1992, by the following vote: A YES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 555, 1992 INTRODUCED BY: Mr. Pliney Tucker 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: ATTORNEY: FROM: TO: AMOUNT: 001-1420-1790 001-1420-4400 $ 1,905.00 (Town Attorney) (Misc. Contractual) 001-1420-1890 001-1420-4400 $ 2,000.00 (Conf. Legal (Misc. Contractual) Secretary) 001-1420-4411 001-1420-4400 $ 1,902.25 (Attorney, Labor) (Misc. Contractual) HIGHWAY: FROM: TO: AMOUNT: 001-5010-2050 001-5010-2001 $ 2,500.00 (Radio Equipment) (Misc. Equipment) PLANNING AND ZONING: FROM: TO: AMOUNT: 001-8020-4120 001-8020-411 0 $ 300.00 (Printing) (Vehicle Repair & Maintenance) 001-8020-4140 001-8020-411 0 $ 200.00 (Travel) (Vehicle Repair & Maintenance) 001-8020-4130 001-8020-1650 $ 5,000.00 (Legal Services) (Executive Director, Zoning) SUPERVISOR: FROM: TO: AMOUNT: 001-1220-2001 001-1220-2010 $ 500.00 (Misc. Equipment) (Office Equipment) 001-1220-2050 001-1220-2010 $ 350.00 (Radio Equipment) (Office Equipment) 001-1220-4010 001-1220-2010 $ 500.00 (Office Supplies) (Office Equipment) 001-1220-4040 001-1220-2010 $ 450.00 (Dues) (Office Equipment) 001-1220-4120 001-1220-2010 $ 500.00 (Printing) (Office Equipment) WASTE WATER: FROM: TO: AMOUNT: 32-8120-2001 32-8110-4200 $ 2,800.00 (Misc. Equipment- (Insurance - Quaker Quaker Road Sewer Road Sewer District) District) WATER: FROM: TO: AMOUNT: Surplus 49-8320-4400 $ 3,000.00 (Misc. Contractual) Duly adopted this 19th day of October, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO. 556, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town of Queensbury is eligible for funds from the New York State Division for Youth, and WHEREAS, Harold R. Hansen, Director of Parks and Recreation, has prepared an application for the total amount of monies ($10,000.00), which the Town of Queensbury is eligible for in year 1993, for reimbursement of recreation funds expended for the administration, supervision and operation of year- round recreation programs and activities, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs Michel R. Brandt, Supervisor, to sign the funding application for submission to the New York State Division for Youth. Duly adopted this 19th day of October, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None Absent: None RESOLUTION AUTHORIZING RETURN OF APPLICATION FEE RESOLUTION NO. 557, 1992 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Mr. Harold Raven was previously advised to apply to the Planning Board for subdivision approval and submitted certain applications, paid application fees in the amount of $110.00, mailed certified notices, had certain engineering work performed and paid certain legal fees in connection with said application, and WHEREAS, following the submission, Mr. Harold Raven was advised that it was not necessary to obtain Planning board approval and, as a result thereof, Mr. Raven has requested an adjustment to the recreation fee that is due and owing as a result of the expenses incurred by Mr. Raven, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the return of the application fee of $110.00 to Mr. Raven, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to make the necessary payment. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES Mrs. Monahan ABSENT: None RESOLUTION REQUESTING SPEED LIMIT REDUCTION ON PICKLE HILL ROAD RESOLUTION NO.: 558, 1992 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury has received a request for the modification of the speed limit on Pickle Hill Road from the present 55 mph speed limit to a maximum 40 mph speed limit, and WHEREAS, the Town Board notes that the road does not have a shoulder and so there is no place for pedestrians/bicyclists to move out of the way of oncoming cars, and there are blind spots on the road which prohibit travelers from seeing oncoming traffic and pedestrians, and WHEREAS, Pickle Hill Road is the only through street between Bay Road and Ridge Road north of Route 149, and is used as a speedway between the two roads, and young children reside in most of the homes on the road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby requests that the County examine the speed limit for Pickle Hill Road in view of the preambles stated in this resolution, and BE IT FURTHER, RESOLVED, that the Town Supervisor and/or the Town Clerk is hereby authorized to fill out any applications that may be necessary to request a speed reduction and execute the same on behalf of the Town Board of the Town ofn of Queensbury to have the same sent to the County and the County in turn to request a study by DOT. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO ACCEPT BID FOR PURCHASE OF COPPER TUBING AND BRASS SERVICE CONNECTION MATERIALS AND CURB BOXES RESOLUTION NO. 559, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for the purchase of copper tubing and brass service connection materials and curb boxes, as more specifically identified in bid documents, specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has made a recommendation in connection with the bids, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for the copper tubing and brass service connection materials to Vellano Brothers, Inc., and hereby awards the bid for the curb boxes to RAMSCO, Inc., and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None RESOLUTION ABOLISHING POSITION OF ASSESSOR'S ASSIST ANT RESOLUTION NO. 560, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of abolishing the position of Assessor's Assistant effective at the close of business on October 30, 1992, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby abolishes the Assessor's Assistant position in the Town Assessor's Office, effective at the close of business on October 30, 1992, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to take any necessary steps, including the completion, execution and placing of the Town Seal on any and all documentation that may be necessary pursuant to Civil Service Law Rules to effectuate the terms and provisions of this resolution. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN PERMIT FOR THE NYS DEPT. OF ENVIRONMENTAL CONSERVATION REGARDING SIDEWALK CONSTRUCTION ON STATE ROUTE 254, RIVER ST. RESOLUTION NO.: 561,1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is desirous of constructing a sidewalk on State Route 254, River Street, in the Town of Queensbury, and WHEREAS, it is necessary to obtain a permit from the New York State Department of Environmental Conservation in order to construct said sidewalk, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to sign the permit for the New York State Department of Environmental Conservation regarding the construction of a sidewalk on State Route 254, River Street, Queensbury, and any and all future applications, permits, vouchers, bills, and checks in connection with the installation of said sidewalk. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR FURNISHING ALL MATERIALS AND DOING ALL WORK NECESSARY TO CONSTRUCT A SIDEWALK ON STATE ROUTE 254, RIVER STREET RESOLUTION NO. 562, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is desirous of receiving sealed proposals for the furnishing of all materials and doing all work necessary to construct a sidewalk on State Route 254, River Street, in the Town of Queensbury, which project is more specifically identified in the proposed Contract and Bid Documents submitted to this meeting, and which are currently being reviewed by the Town Supervisor of the Town of Queensbury, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed Contract to the lowest responsible bidder meeting New York State Statutory Requirements, and the requirements set forth in the Bid Documents presented at this meeting, and WHEREAS, pursuant to the State Environmental Quality Review Act, it is necessary to review this matter in accordance with regulations promulgated by the NYS Dept. of Environmental Conservation, and Part I of a Short Environmental Assessment Form has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the responses inserted in Parts 1 and 2 of the Short Environmental Assessment Form and hereby further determines that there will be no significant environmental impact and authorizes the Town Supervisor to complete, execute and file as may be necessary a negative declaration, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury approves the general form of the contract and bid documents submitted to this meeting, and authorizes the Town Supervisor and Town Attorney, working with Morse Engineering, P.C., to revise or amend the same as may be deemed advisable, with regard to dates, payments, and other like provisions, and BE IT FURTHER, RESOLVED, that an advertisement for bids for the said proposal for the furnishing of all materials and doing all work necessary to construct a sidewalk on State Route 254, River Street, in the Town of Queensbury, be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until, but not later than October 29th, 1992, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 p.rn., by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen M. Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.rn., October 29th, 1992, read the same aloud, and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None ABSTAIN: Mr. Caimano RESOLUTION FOR MAINTENANCE OF SIDEWALKS RESOLUTION NO. 563, 1992 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury proposes the construction of sidewalks within the State highway right-of-way for Route #254, S.H. 656, in the Town of Queensbury, as shown on the permit plans relating to the project, and WHEREAS, the provision of said sidewalk is deemed to be in the public interest. NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury will maintain or cause to be maintained the sidewalk as above stated and as shown on the permit plans, including the control of snow and ice, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to transmit three (3) certified copies of the foregoing resolution to the State Department of Transportation. Duly adopted this 19th day of October, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano Mr. Brandt NOES None ABSENT: None Supervisor Brandt-I'd like to schedule a Town Board Meeting for Thursday the 22nd at 5:00 p.rn. for interviews for openings on the ethics boards and budget workshops ... Town Board agreed. Supervisor Brandt-Referred to the sales tax money received from the County recently and noted the amount received was a good chunk of money and the Town seems to be pretty much on target. OPEN FORUM 8:08 P.M. Paul Thomas, Cleverdale-Presented petition from 9 residents of Cleverdale to the Town Board (Councilman Monahan) requesting full maintenance of Fielding Lane, Queensbury. Noted that prior to 1981 it was maintained by the Town of Queensbury and the residents would like the Town to accept full maintenance once again. Councilman Monahan-Would like to read into the record a letter that is attached to the petition. 'We have been summer residents on Fielding Lane at Cleverdale since 1917. We have seen Fielding Lane progress from a narrow, sandy path to a much needed two-lane dirt road. Traffic on the lane has increased many- fold over the years. We have always been pleased with the way the Town of Queensbury has maintained Fielding Lane, both in the summer and winter. It has been quite noticeable that there has been no maintenance of any kind done on Fielding Lane for a number of years. We would be most appreciative if you could let us know what we might do, as taxpayers, to get maintenance of Field Lane resumed. Thanks for you time. Haley P. Austin, Jane V.S. Austin. (petition, letter on file) Town Board held discussion, it was agreed that the Town Attorney research the issue and get back to the Town Board. John Salvador, Dunhams Bay-Referred to the upcoming vote on the proposed library district for Crandall Library. Concerned that the residents are led to believe that it's 21 cents to a thousand, based on their proposed budget but questioned what happens if the other financing doesn't come through? Will the Town of Queensbury be responsible for the difference? Questioned whether their proposed budget does not get passed? Councilman Monahan-Noted, if the budget was voted down, it would fall back to last years budget. Noted further, that Crandall Library would like to present and discuss their budget with the Town Board at a scheduled meeting. Town Board held discussion and agreed to schedule a presentation for Crandall Library on October 26th, the next regular scheduled Town Board meeting. Town Board held discussion regarding Warren County proposed sewer district for Lake George. Town Board held discussion regarding Burn Plant, toxic waste and removal of ash. Tim Brewer-Submitted a two page letter to the Town Board members noting concerns regarding the Hudson Pointe PUD and asked the Town Board to please read and consider. OPEN FORUM CLOSED 8:45 P.M. AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 564, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Audit of Bills appearing on Abstract October 19th, 1992, numbering 92- 4385 through 92-4614 and totalling $233,863.43, be and hereby is approved, and BE IT FURTHER RESOLVED, that Voucher Numbers 92-4406 and 92-4488 are to be held from payment until approval from the Town Supervisor. Duly adopted this 19th day of October, 1992, by the following vote: A YES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mrs. Monahan, Vendor # 0453, Community Workshop Mr. Caimano, Vendor # 0127, G.F. Post Star Mr. Caimano, Vendor # 2217, George Jameson RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 565, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter Executive Session to discuss 2 Matters of Litigation. Duly adopted this 19th day of October, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK QUEENSBURY