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1992-10-26 REGULAR TOWN BOARD MEETING OCTOBER 26, 1992 7:00 P.M. MTG#101 RES#567-581 BOARD MEMBERS PRESENT SUPERVISOR MICHEL BRANDT COUNCILMAN PLINEY TUCKER COUNCILMAN NICK CAIMANO COUNCILMAN SUSAN GOETZ COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Mike Shaw, Jim Martin PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN PUBLIC HEARING VARIANCE FROM SEWER CONNECTION - QUEENSBURY FACTORY OUTLET NOTICE SHOWN Mike Shaw, Director of Wastewater-The Queensbury Factory Outlet is asking for a variance in connection, I guess they are asking for extension of time. That plaza there, currently only has three stores now occupying it and they are currently in some litigation and some planning of redoing the plaza. I have some concerns, they are currently serviced by a treatment facility on site treatment facility. I had some concerns of what kind of odor what kind of condition that treatment facility was in so I made a call to DEC and they made a site check on the treatment facility. They told me visibly it looked like currently it was working adequately with the low flows it has. Basically what, I would recommend if the Town Board does grant some kind of extension of time as far as connection to the sewer is they may want to put some conditions to that. In addition if the treatment plant fails at any time they would have to hook into the sewers. If they have increased in flow for whatever reasons either more business or whatever they would have to connect into the sewers at that time. Supervisor Brandt-I'll open the public hearing so we have a formal record. I should of done that to start with, but I just wanted the public to know what this is about. I'll formally open the public hearing. Is there anyone here to speak on this matter, anyone representing the people who are asking for this extension? Councilman Goetz-I'd like to say that, I think that they should hook up that this has been in litigation for years and years maybe this would help them to resolve their differences and get on with it because they are taking up a lot of land and not paying the sewer. Mr. Shaw-They currently are paying for charges. Councilman Goetz-Paying for, but they should hook up and that's my feeling on it. Supervisor Brandt-Anyone here at all that wants to speak on the matter? Councilman Tucker-How much time do you recommend we give them Mike? Mr. Shaw-As far as extension, well what Sue is saying is correct it's been in litigation for quite a while. Under current law, I think Paul if I'm right the maximum extension is two year correct? Attorney Dusek-That's my recollection offhand. I think it can be renewed though. Mr. Shaw-It can be renewed after two years but, it's kind of a touchy subject. Even if we wanted to hook up, I'm not quite sure how fast they would react to that because of the current litigation of the plaza. Supervisor Brandt-As, I remember the first time what fourteen, fifteen years ago when we were putting together the Lake George Sewer District one of the major reasons we were doing it was for this section of Queensbury that needed sewering. One of the reasons was that the particular sewer plant was not operating well now the property is mostly vacant. But, if you really look at it it's a prime property of Queensbury. We maintain a major traffic system to handle the traffic past that property it sits vacant most of the time. We built the sewer system for them and then they can sit and not pay for it, I think that's wrong. I think the best thing that could happen is that they have to hook in and then we don't have to worry about their system not working correctly. We will have implemented what we built that sewer district for and if that gets into litigation then let the litigation handle it. But, as far as I'm concerned, I don't think we need a small package plant that's an old old plant it's had a lot of failures we shouldn't leave it sitting in the middle of a sewer district operating and not be hooked up that's my personal opinion. Councilman Monahan-I think on top of that Mike to add to what your saying it would be a plus for them in trying to get tenants to have a sewer system that was hooked up. It would be advantageous to any perspective tenant then they'll know that it's there not that it might be hooked up sometime in the future. Supervisor Brandt-Anyone here to speak on it? John Salvadore-Only a question. I'm confused are they paying the sewer tax or they not paying? Supervisor Brandt-They are paying a sewer tax, but they are not hooked up. They are not hooked into the system so they are not paying maintenance and operations which is another part of the budget and it's an important part. Anyone else, then I'll declare the hearing closed. PUBLIC HEARING CLOSED DISCUSSION HELD Councilman Caimano-Questioned if there was a physical obstruction. Mr. Shaw-Noted that there is no physical obstruction. RESOLUTION DISAPPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MR. HOWARD CARR, ET AL., (PROPERTY OF QUEENSBURY FACTORY OUTLET PLAZA) RESOLUTION NO.: 567, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker 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, Mr. Howard Carr, as Receiver, pursuant to a Court Order dated 2/24/89, on behalf of the Estate of Saul I. Birnbaum, Thomas Puccio as Executor and the Estate of Bernard P. Birnbaum, Ilene Flaum and Jay Birnbaum as Co-Trustees, (Property of Queensbury Factory Outlet Plaza) previously applied to the Town Board of the Town of Queensbury for a variance and relieffrom that part of the law requiring sewer connections upon the grounds that: a physical obstruction exists which makes the connection difficult or impossible, such obstruction being that there is a high water table; and that the cost of connection is approximately $25,000.00; and WHEREAS, the applicant previously indicated that: the site is currently serviced by an existing private sewage treatment facility on the southeast corner of the property, which is currently functioning, and the well is tested every month. Also, they request a waiver of the connection requirement until the Queensbury Factory Outlet Plaza releasing and renovation plan is implemented and construction has begun; WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on October 26, 1992, and WHEREAS, the Town Board has received a report from Michael Shaw, Waste Water Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby disapproves a variance to Mr. Howard Carr, as Receiver, pursuant to a Court Order dated 2/24/89, on behalf of the Estate of Saul I. Birnbaum, Thomas Puccio as Executor and the Estate of Bernard P. Birnbaum, Ilene Flaum and Jay Birnbaum as Co-Trustees, so long as the current sewage disposal system is properly functioning, and BE IT FURTHER, RESOLVED, that the reasons the variance is not granted are as follows: (a) That there are no physical obstructions that would prevent hookup (b) That there is not a financial loss, but actually it's going against a possible gain Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None UNSAFE STRUCTURE KENNETH ERMIGER Attorney Dusek-Noted that he has received a call from Mr. Rehm the Attorney representing Mr. Ermiger. He has indicated that he would like to work this out. Requested this to be adjourned until the next meeting. It was the decision of the Town Board to adjourn this until the next meeting of the Town Board. RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 568, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 26th day of October, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None DISCUSSION HELD Councilman Monahan-Questioned the application whether there was a form for the applicant to give permission for the person representing them to act as agent. Stated she couldn't find the owners signature on the application. Noted it was the applicant not the owner that signed the disclaimer. Attorney Dusek-Noted that if this was objectionable in terms of the agent not having authorization even if the agent is in error he is still entitled to a public hearing. Recommended to go ahead with the public hearing and then these issues could be addressed and the applicants put on notice. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCES OF SANITARY SEW AGE DISPOSAL ORDINANCE FOR MR. JOHN WHELAN RESOLUTION NO.: 26, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is, 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. John Taylor of Backer-Taylor Construction, applicant on behalf of Mr. John Whelan, owner, has applied to the Local Board of Health of the Town of Queensbury for two variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such standards providing as follows: APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTE WATER SOURCES TO STREAM WELL OR LAKE OR WASTE WATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE (a) COURSE(c) DWELLING LINE AND TRIBS. Septic Tank 10' Absorption Field 20' and WHEREAS, Mr. Whelan has indicated a desire to place the septic tank 5' from his dwelling, rather than placing it at the mandated 10' distance and to place the absorption field 16' from his dwelling, rather than placing it at the mandated 20' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on November 9th, 1992, at 7:00 p.m., 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 two variances of Mr. John Whelan, to place the septic tank 5' from his dwelling, rather than placing it at the mandated 10' distance, and to place the absorption field 16' from his dwelling, rather than placing it at the mandated 20' distance, on property situated on Peggy Ann Road, (corner of Quail Run and Peggy Ann Road) Town of Queensbury, New York, and bearing Tax Map No.: Section 121, Block 9, Lot 11, 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 26th day of October, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 27, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves back into the Town Board of Queensbury. Duly adopted this 26th day of October, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None DISCUSSIONS MAX YURANDA - HOME & COMMUNITY SERVICE Presentation made by Max Yuranda. Proposed to the Town of Queensbury to pursue becoming an independent provider of case management services through the Home and Community Base Waiver Program. Stated New York State is in a transition whereby all the Developmental Centers will be closed by the year 1998 or 2000, noted this is a big priority for the State of New York as well as the Home and Community Wavier Base Services Program. The trend is to get away from the current system in which individuals are placed in a system. What is provided now is a individualized service environment where we provide a system or environment for each individual based on their strengths needs and preferences. The Home and Community Base Services Waiver Program is a financial framework that's been approved by the Federal Government which is looking for independent providers to offer innovated programs for the developmental disabled as opposed to the costly programs which we've been accustomed to in the past. Noted that the only waiver service that has been mandated is the case management service and that the Town of Queensbury qualifies as an independent provider for this type of service. Supervisor Brandt -Stated that when the information was brought to him that he saw this as an opportunity to create some high quality service industry jobs within the community. Stated that this is something that the Town Board should look into to see if we can innovate and put something together. Would like the Town Board to address this at some time and consider it. Councilman Monahan-Questioned the qualifications of Mr. Yuranda? Mr. Yuranda- Stated that he has worked for Wilton DDSO for twelve years as an administrator. Noted he had left Wilton Developmental Center about five months ago in hopes of creating a small corporation which fell through. At this point in time has kept abreast with the supportive relationship that continues with Wilton. Basically feels that this is the time to start particularly because development is going to be starting in 1993. Noted that the Town Board would be the supervising body of anyone that would be hired as the case management component. Councilman Goetz-Questioned how the program would be marketed? Mr. Yuranda-Noted the real key would be getting to the advocates. It was the decision of the Town Board to look into this further at a later date. CRANDALL LIBRARY Supervisor Brandt -Stated that some questions have been raised concerning the forming of the library taxing district. One of the questions heard is what if the district is formed and the first budget is passed and the budget is a million dollar budget? What if the next year the budget is turned down and we go back to the million dollar budget, but in that million dollar budget there were taxes raised in the Town of Queensbury of $280,000 or there about? Let say, in the next year the other sources of funds other than taxes dried up can the taxpayer be hit for a tax higher than the $280,000 that he was assessed the first year. Donna Farrar-Trustee of Crandall Library Board. Stated all future annual budgets that increase or decrease the appropriations last provided for by the annual budget shall be submitted to the voters of the public library district for approval by a majority of the qualified voters of the municipalities casting votes at an election. In otherwords, if that appropriation from each Town or anyone Town changes by a dollar either up or down it has to go to the voters again. To answer the question of whether they would be hit with a higher percentage of the total library budget it depends on whether they approve it or disapprove it. Councilman Caimano-Stated if the other forty five percent of the budget automatically disappeared it isn't proper to say that automatically the taxpayer would have to pick up the entire burden of the budget it would have to go back to a vote. Donna Farrar-Correct. Stated the only way for it not to go back to a vote would be to put both the Town and the City into the exact same amount of appropriation as the year before which is highly unlikely because the amount is the function of two criteria in the legislation. One being assessed valuation and the other the number of library cards users with those two factors not to change is highly improbable. Stated they have proposed a budget for 1993 that totals one million one hundred and three thousand which is up from 1992 by four and a half percent. Requested the Towns to place in their budgets for 1993 the amounts requested in the adopted budgets which are the amounts that are going before the voters. Noted that the 1993 budget restores the Sunday and Wednesday evening hours that had to be cut. It restores part of the Outreach Program and have put in a budget figure for needed equipment and book purchases. Pointed out that keeping the funding level stable is crucial to the library in maintaining the central library status. If the library should fall below the 95% of the past two years local funding level we put the status in jeopardy. Councilman Monahan-Questioned if the ninety five percent was total community support and Warren County support? Questioned how the State judges this? Ms. Farrar-Stated it's the three chartered municipalities served and believes that it's in total. Carl Kritz-Queensbury. Read literature to Board from library. Questioned if the library put up a budget that is over or even the same who is going to pay for the $200,000? Is it the taxpayers that are going to pick up the difference? Is the library going to throw out the $200,000 and lower the budget? Questioned if legally do the taxpayers by the formation of this district are legally forced to pay any deficit that is created by any other source who pays for this? Ms. Farrar-Legally the Town's and the City of Glens Falls would only be liable for the amount they previously approved the appropriation the amount that is in your ballot. Each municipality would be responsible for only their share of the budget which is determined by the two criteria assessed valuation and library card holder. Mr. Kritz-Questioned if this is true then why is the budget mentioned? Ms. Farrar-Stated it's the way the legislation is written. Mr. Kritz-Asked if what they were saying is if anyone of the sources dries up the taxpayers are not going to be forced by the establishment of this district to automatically pay for them unless they vote for them? Ms. Farrar-Correct. John Salvadore-Queensbury. Pointed out to the Board that there is not a single numerical figure in the bill. Stated if district were approved at the level of funding presented the Town will be committed to fund the library at this level. Noted the clarification that so much money will come from each of the three municipalities is misleading. Requested that the Town Attorney review the library board legislation for the taxpayers of the Town. Unknown-Requested that the Library Board have their Attorney give a written statement backing up what they are saying. Ms. Farrar-Noted that this wouldn't be a problem they will provide Town Board with statement. Requested to the Town Board that if the legislation failed would they continue to fund the library at the current level in which they have. Charlie Adamson-Queensbury. Questioned the Board as to what happens if the library budget is passed if it goes through what happens to the appropriation that is in the budget. Town Board-It was the decision of the Town Board that if the library district was passed that the appropriation in the current budget would come out. Gilbert Bowan-Questioned with the present arrangement the Board can elect to provide less to the library then requested. Supervisor Brandt -Correct. Mr. Bowan-Stated that there is no method for the voter to request a reduction in the budget. Questioned where is the reduction? Ms. Farrar-Noted that the trustee's are elected to sit on the board to reflect your desires. It was the decision of the Town Board to have the Town Attorney review the library legislation. Town Attorney to present his opinion at Wednesday's Special Town Board Meeting. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 569,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of September 28th, 1992 and October 13th, 1992. Duly adopted this 26th day of October, 1992 by the following vote: All Those in Favor: Ayes All Those Opposed: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR GEORGE M. MABB RESOLUTION NO.: 570, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is authorized pursuant to ~113-12 of the Code of the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Mr. George M. Mabb has filed an application for a Temporary, One Year, "Mobile Home Outside a Mobile Home Court" Permit, in accordance with subparagraph 2, of paragraph 13 of said ~113-12 of the Code of the Town of Queensbury, to locate a mobile home at property situated at Upper Sherman Avenue, Howard Street Extension, Queensbury, New York, and WHEREAS, the Town Board of the Town of Queensbury has determined it to be appropriate to hold a public hearing regarding said permit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on November 9th, 1992 at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application by Mr. George M. Mabb for a Temporary, One Year, "Mobile Home Outside a Mobile Home Court" Permit on property situated at Upper Sherman Avenue, Howard Street Extension, Queensbury, New York, 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 to publish and provide notice of said public hearing in the official newspaper of the Town of Queensbury, to post a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Town Planning Board, at least 10 days prior to said hearing. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None Councilman Monahan-Requested that she be provided with the history of the mobile home application. RESOLUTION TO ACCEPT DEDICATION OF TRAFFIC LIGHT RESOLUTION NO. 571, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, in accordance with previous conditions placed on a site plan review for the Quaker Plaza, 73 Quaker Road Associates agreed to install a traffic signal on Quaker Road, and WHEREAS, 73 Quaker Road Associates has agreed to dedicate and/or transfer the said traffic light to the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the dedication or transfer of the traffic light, the final forum of the document transferring such ownership or making such dedication to be approved by the Town Attorney and executed, if necessary, by the Town Supervisor on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Highway Superintendent to service, maintain and keep the light in good repair, as is customarily done with other traffic lights owned, maintained or repaired by the Town of Queensbury, and BE IT FURTHER RESOLVED, that all charges incurred in connection with the maintenance of the aforesaid light shall be paid for out of the budgeted account. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: Mr. Tucker ABSENT:None RESOLUTION AUTHORIZING PAYMENT OF THE COST OF PREPARATION OF MAP, PLAN, AND REPORT FOR WATER SERVICE FOR PASCO AVENUE RESOLUTION NO.: 572, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has recently received a petition from residents of Pasco Avenue and a portion of Upper Sherman Avenue, Queensbury, for water service, and WHEREAS, it will be necessary to have a licensed engineer prepare a map, plan, and report in order to evaluate said request, and WHEREAS, pursuant to ~209-b of the Town Law of the State of New York, the Town Board may adopt a resolution, subject to permissive referendum, appropriating a specific amount to pay for the cost of preparing a general map, plan, and report, for providing facilities, improvements, or services in any portion of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and appropriates the sum of$ 2,700.00, to be paid for from General Fund Account No.: A1440, to pay the cost of preparing a general map, plan, and report for the providing of water service in that portion of the Town of Queensbury, which generally consists of a portion of Upper Sherman Avenue and Pasco Avenue, and BE IT FURTHER, RESOLVED, that such map, plan, and report shall conform with the requirements of ~209-c of the Town Law of the State of New York, and that such map, plan, and report shall be prepared by and under the supervision of Haanen Engineering, and BE IT FURTHER, RESOLVED, that this resolution shall be subject to permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York, and within ten days after the adoption of this resolution, the Queensbury Town Clerk shall post and publish a notice which shall set forth the date of adoption of this resolution, and a copy of this resolution, and said notice shall specify that such resolution was adopted subject to permissive referendum. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION CONTRACTING BULK MAIL SERVICE RESOLUTION NO. 573, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz (MOTION WITHDRAWN) RESOLUTION AMENDING RESOLUTION 554, 1992 CONCERNING APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTION VARIANCE FOR MRS. IRENE HOWE RESOLUTION NO.: 573, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury previously adopted resolution no. 554, 1992, to set a public hearing regarding the request for a waiver or variance of sewer connection requirements of the Central Queensbury Quaker Road Sewer District for Mrs. Irene Howe, and WHEREAS, said previous resolution referred to the subject parcel as 88 Glenwood Avenue, rather than the correct address of 92 Glenwood Avenue, and WHEREAS, the notice of public hearing that was published and posted referred to the correct address of 92 Glenwood Avenue, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 554, 1992 to read such that the correct address of Mrs. Irene Howe is 92 Glenwood Avenue, Queensbury. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION ABOLISHING POSITION OF ADMINISTRATIVE ASSIST ANT RESOLUTION NO. 574, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of abolishing the position of Administrative Assistant effective at the close of business on October 16, 1992, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby abolishes the Administrative Assistant position in the Supervisor's Office, effective at the close of business on October 16, 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 26th day of October, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION APPOINTING MEMBERS TO ETHICS BOARD RESOLUTION NO.: 575, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, adopted Local Law No.8, 1992, entitled, "Ethics and Disclosure Law," and WHEREAS, the aforesaid Local Law provides for an Ethics Board consisting of five members, each appointed by unanimous vote of the Town Board, and WHEREAS, the aforesaid Local Law also provides that members of the Ethics Board will serve a term of four years, except, however, two of the original appointees will serve an initial term of two years, and WHEREAS, there is now presented to the Town Board of the Town of Queensbury, names of interested persons for service on the aforesaid Ethics Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Leonard Biles and Mr. Frank Munoff, each to serve an initial term of two years on the Ethics Board, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Russell Chatham, Sr., Ms. Patricia Jameson, and Col. Robert Avon, to serve an initial term off our years on the aforesaid Ethics Board, and BE IT FURTHER, RESOLVED, that each of the above-appointed persons shall be required to file an Ethics and Disclosure Statement within 30 days of the date of this resolution, and said persons shall also file within said 30 day time period, an Ethics and Disclosure Law Review Form. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 576, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt 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 Quaker Road Sewer Fund #32 Quaker Road Sewer Capital Project Fund #76 $ 25,000.00 Queensbury Consolidated Unemployment Insurance $ 5,200.00 Water Fund #03 Fund #40 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 26th 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 EXECUTE GENERAL RELEASE REGARDING THE SETTLEMENT OF A CLAIM CONCERNING GURNEY LANE WATER STORAGE TANK RESOLUTION NO.: 577, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has been presented to the Town Board of the Town of Queensbury a General Release between the Town of Queensbury and Industrial Enterprise Sandblast and Paint, Inc., and Firemen's Fund Insurance Company, and WHEREAS, the intent of the Release is to finally resolve the claims between the Town of Queensbury and Industrial Enterprise Sandblast and Paint, Inc., concerning the repainting of the Gurney Lane Water Tank, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, afterreview of the General Release and review of the matter with the Town Attorney, hereby indicates its approval and authorizes the Town Supervisor to execute the same and place the seal of the Town of Queensbury on the same, on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that any amounts due in connection with the settlement of this matter shall be paid for from the appropriate Consolidated Water District Account. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO APPOINT MEMBER TO PLANNING BOARD RESOLUTION NO. 578, 92 INTRODUCED BY: Mrs. Goetz WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Caimano WHEREAS, the Town of Queensbury has previously established the Planning Board, and WHEREAS, their is a vacancy on the Planning Board due to the resignation of James Martin, and WHEREAS, the Town Board desires to appoint Kathleen Rowe, 17 June Drive, Queensbury to fill this unexpired term, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Kathleen Rowe to the Planning Board, term to expire 12/31/95. Duly adopted this 26th day of October, 1992, by the following vote: Ayes: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt Noes: None Absent:None RESOLUTION APPOINTING ZONING ADMINISTRATOR RESOLUTION NO.: 579, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury, in accordance with resolution no. 516 dated September 21, 1992, assigned and/or delegated the position and duties, responsibilities, and authority of Zoning Administrator to Assistant Planner Scott Harlicker on a temporary basis, and WHEREAS, the Town Board of the Town of Queensbury, in accordance with Town Board resolution no. 530, dated September 28, 1992, appointed James M. Martin as Executive Director of Planning, Zoning, and Building and Codes, and Mr. Martin began employment for the Town on October 12, 1992 and assumed the position, authority and responsibilities of Zoning Administrator as well, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby withdraws the assignment and/or delegation of the position, duties, responsibilities and authority of Zoning Administrator from Assistant Planner Scott Harlicker and hereby assigns the same to the Executive Director, James M. Martin, on a permanent basis, with no adjustment in salary, and ratifies the assumption of said duties, responsibilities and authority by Mr. Martin on October 12, 1992. Duly adopted this 26th day of October, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD Councilman Tucker-Spoke with the Board concerning appointing someone to teach a defensive driving course for the Town. Noted that one of Mr. Naylor's foreman has volunteered to teach the defensive driving course. It was the decision of the Town Board to contact Mr. Naylor regarding this matter. OPEN FORUM Howard Carr-Attorney for Queensbury Factory Outlet. Stated the reason for the request that the Town Board extend the variance for sewer connection is hopefully they will be able to announce at least one possibly two tenants for the property. Noted that this will require sewer service and major construction on the property. They expect to go in front of the Planning Board hopefully by the end of the month for changes that the tenant is going to require stated this was the reason for the request. Councilman Goetz-Noted she still feels that they need to hookup. Mr. Carr-Stated that c.T. Male has already done the engineering and specifications for the sewer hookup and the plans have been submitted to the Town for approval. Councilman Caimano-Noted that he would be willing to give them to November 15th to hookup. Councilman Goetz-Noted that she thinks it should stand that as of November 15th they have to hookup. Councilman Monahan-Stated that it's not the intent of the board to let the plaza go without being sewered whether or not there are tenants in there. It was the decision of the Town Board to pass the following resolution. RESOLUTION AMENDING RESOLUTION NO. 567, 92 DISAPPROVING VARIANCE FROM REQUIRED SEWER CONNECTION FOR MR. HOWARD CARR, ET AL., (PROPERTY OF QUEENSBURY FACTORY OUTLET PLAZA) RESOLUTION NO. 580, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the previous resolution adopted by the Town Board denying the variance request by Mr. Carr on behalf of the Queensbury Factory Outlet Plaza is hereby modified to indicate that the request is approved to the extent of granting an additional time period until November 16th, 1992 and thereafter the denial of the variance will be effective from that date forth. Duly adopted this 26th day of October, 1992, by the following vote: Ayes: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt Noes: None Absent:None John Schriener-Questioned the Town Attorney regarding the status of the Dunham's Bay Road. Attorney Dusek-Noted that he has met with officials of DOT and the Attorney General Office OGS all who have involvement of some kind in that area. Has had some very productive meetings in continuing to resolve the issues involving this road. Noted certain information is going to be sent regarding the road. Stated he feels optimistic at this point and if he receives information probably he can have an answer soon. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 581, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss the following personnel collective bargaining matter. Duly adopted this 26th day of October, 1992 by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury