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1992-11-02 TOWN BOARD MEETING NOVEMBER 2, 1992 7:00 P.M. MTG #105 RES NO. 584-597 BH 28-29 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS DAVE HATIN, MIKE SHAW, JIM MARTIN PRESS: G.F. Post Star, Moreau Sun PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GOETZ Supervisor Brandt called meeting to order ... first item on our agenda is a public hearing. PUBLIC HEARING - VARIANCE TO SEWER CONNECTION - IRENE HOWE NOTICE SHOWN 7:01 P.M. SUPERVISOR BRANDT-Mike would you like to lead us through this? MIKE SHAW, Wastewater Superintendent-This public hearing is on a variance request for sewer connection in the Quaker Road Sewer District. The request was filled out by Charlie Howe for 92 Glenwood Avenue for a building that is currently not connected. In this request he is stating that the building is currently not occupied, hasn't been for some time and is in the process of being tom down. Charlie originally came to me and asked me what he should do here and I told him the process is, to go to the Town Board asking for a variance. Now, what I would recommend in this case because of Charlie not quite sure knowing if he's either going to tear it down or sell the parcel, I would suggest that maybe the Town Board might want to grant an extension of time. In that time, if Charlie would tear the house down, then the parcel would be classified as vacant residential and he would not be required to connect at that time. If he does sell the parcel, the Town Board may want to put a stipulation as far as if the sale of property is done, then the sewer would be connected at that time upon sale. COUNCILMAN GOETZ-How do you give an extension? Is it by resolution? ATTORNEY DUSEK-You have a form resolution that was made so that you can either approve or disapprove with it and you simply state your reasons at the end. MR. SHAW-The reason I'm recommending this type of action, if you just went ahead and just said, well, they're going to tear the building down or whatever and you grant a variance, the variance goes with the piece of property. Meanwhile, somebody else decides to build on that parcel or if the house was sold, they would have a variance exempting them from sewer connection. COUNCILMAN GOETZ-I would be in favor of giving them the extension but the stipulations should be there, if the house is used or the parcel is sold, they should be required to hookup. MR. SHAW-That's right, sold or occupied by rental. I'm not sure that Charlie is entertaining that idea, he's generally entertaining tearing the house down. That's what he's trying to do now but I think the Town should be protected. SUPERVISOR BRANDT-Before we go into that, we need to have the public hearing, so I'll declare that open. Is there anyone here that wishes to speak on this matter? Okay, keep right on going. How long of an extension do you think is reasonable? MR. SHAW-Well under our law, I believe, Paul correct me, I think it's two years but I don't think, you know possibly a year's extension would be enough time, that would give them until next fall to either sell or demolish the building. COUNCILMAN CAIMANO-If we're going to put stipulations on it regarding the sale and/or rental, give them the full 2 years. What difference does it make? With the housing market the way it is today, the chances of him selling it are slim and none to begin with and secondly since we have the stipulations on it, what difference does it make? SUPERVISOR BRANDT -It makes sense. COUNCILMAN MONAHAN-I have no problem with that. SUPERVISOR BRANDT -Okay, anyone to speak on this matter? Okay, then I'll declare the public hearing closed. PUBLIC HEARING CLOSED RESOLUTION APPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MRS. IRENE HOWE RESOLUTION NO.: 584, 92 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S 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, Mrs. Irene Howe previously 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 previously indicated that: there are not any services connected to the house and have not been for five years; and 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 November 2, 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 grants a temporary variance of two years commencing the day of this meeting, so long as: the property is not sold or rented or otherwise occupied in any way and if the premise is sold or occupied, there shall be a time period of 30 days in which to hook up to the sewer system, and BE IT FURTHER, RESOLVED, that the reasons the variance is granted are as follows: An unoccupied residence that is in the process of being sold or tom down. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 585, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter as the Queensbury Board of Health. Duly adopted this 2nd day of November, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEPTIC VARIANCE - RICHARD MACHOLD NOTICE SHOWN 7:10 P.M. SUPERVISOR BRANDT-We have a public hearing on a septic variance. Dave, do you want to lead us through it? DAVE HATIN, Director of Building & Codes-Basically what this is, a resolution to create a smaller system then allowed by the sanitary code. The reason being we have two septic systems on this property. The Macholds did not have enough room to put a conforming septic system because of the size of their parcel. At that time, it was pointed out to me that they had a second system that takes care of the, I believe Mr. Machold is here, I believe it takes care of the sink in the kitchen and I think the washer, is it, also? RICHARD MACHOLD-It's the gray water going into the sink and the washer. MR. HATIN-That are handled by a separate system. So right now, the system is adequately sized for the use it's going to get. Should he have to replace the system in the back, he could just come back in for a variance and upgrade the system that's there now but for money reasons, they want to go with the variance. SUPERVISOR BRANDT-For the record this is the public hearing, so I want your comments in on that. Okay, is there anyone here to speak on that matter? Come on up and for the record, tell us your name, sit down and tell us what you've got to tell us. MR. MACHOLD-I'm Dick Machold from up at 18 Hillcrest Avenue and we had a, recently had a new well dropped in, a 10 by 8 well. In the front, we have the well connected to the toilet system. In the back we have a smaller well connected to the kitchen sink and the washing machine. With your new ordinance, you would be asking me to put in three dry wells in and there's no room in the front to put a third dry well in. It would be too close to the property line on the left side of the house. Mr. Condon who put the system in, the new system in, when he dropped it in, the 10 by 8 and he buried it real deep, he told me that it's going to last probably 65 years if we keep it cleaned out every two to three years and hopefully we have a sewage system in by then. But I just can't see putting in an third dry well at this time. It would cost me another $1,000.00 to do that. So that's why I applied for the variance. We just don't need it, we've been there for 20 years now and then only reason why that dry well came out is because we had roots growing in there from a tree and the tree has been cut down. We lost a very nice norwegian maple and I spent alot of money in trying to groom that. So right now you've defaced the value by taking one tree down and by taking another blue spruce down we would have nothing in the front of our house which wouldn't beautify the property or the neighborhood at all. COUNCILMAN CAIMANO-Do you have any problem with it Dave? MR. HATIN-No, we have no problem. SUPERVISOR BRANDT-Thank you. Anyone else here to speak on this matter? Okay, if there's no one else here to speak on it, I declare the public hearing closed. PUBLIC HEARING CLOSED RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR RICHARD MACHOLD RESOLUTION NO. 28, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Mr. Richard Machold previously filed a request 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, 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 November 2, 1992, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. Richard Machold, allowing him 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, Queensbury, New York, and bearing Tax Map #: Section 91, Block 3, Lot 20. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 29, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Queensbury Board of Health hereby adjourns and enter Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 2nd day of November, 1992, by the following vote: ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None QUEENSBURY TOWN BOARD RESOLUTIONS 7:20 P.M. RESOLUTION APPROVING MINUTES RESOLUTION NO. 586, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board Minutes of October 5th, 19th, 22nd and 27th, 1992. Duly adopted this 2nd day of November, 1992, by the following vote ALL THOSE IN FAVOR: Ayes ALL THOSE OPPOSED: None ABSENT: None RESOLUTION TO ACCEPT BID FOR THE FURNISHING OF ALL MATERIALS AND DOING ALL WORK NECESSARY TO CONSTRUCT A SIDEWALK ON STATE ROUTE 254, RIVER STREET RESOLUTION NO. 587,92 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 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, as more specifically identified in the contract and bid documents, specifications, previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, Morse Engineering 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 furnishing of all materials and doing all work necessary to construct a sidewalk on State Route 254, River Street, in the Town of Queensbury to Kubricky Construction, and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate contingency account, A1990. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None (Bids on file in the Town Clerk's Office) DISCUSSION BEFORE VOTE: Councilman Goetz-This is in my ward, in South Queensbury a sidewalk that would run from the trash plant up to Ciba Geigy. It was installed there before and removed by the State of New York when they made road improvements. We've already spent the money on the engineering and we informally had thought about a figure of $26,000.00. The bids came in starting at $31,950.00 and there were five bids ranging to $71,705.00. I'd like to ask the Town Board to allot the additional amount to take that bid of $31,950.00. Town Board held discussion and agreed to accept the lowest bid of Kubricky Construction. RESOLUTION TO INSTALL STREET LIGHT AT THE CORNER OF DIXON ROAD AND HIDDEN HILLS DRIVE RESOLUTION NO.: 588, 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 desirous of arranging for the placement of a street light at the comer of Dixon Road and Hidden Hills Drive in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the following street light be installed: One (1) 150 watt sodium street light at Pole #NM 32, at the comer of Dixon Road and Hidden Hills Drive, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury shall make all arrangements through Niagara Mohawk Power Corporation, and BE IT FURTHER, RESOLVED, that payment for said light shall be paid from the Highway Safety Account. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None Town Board held discussion regarding the landfill agreement between the Town and the City of Glens Falls and agreed to research further before taking any action at this time. RESOLUTION FOR CONTRACTING BULK MAIL SERVICE RESOLUTION NO. 589,92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has reviewed proposals by the two bulk mailing services in the area, and WHEREAS, Mailings Made Easy has presented the lowest cost for large mailings, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to enter into an agreement with Mailings Made Easy to provide pre-sort rates and pick-up for the Town's large mailings, with the form of the agreement to be approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the rates for the pre-sort and mailing service shall not exceed: $2.00 per pick-up $ .021 per piece to sort $ .042 discount per piece $ .042 per piece for residual postage (those that do not qualify for presort rates), and the same shall be paid for from the Appropriate Postage Accounts. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None Councilman Caimano adjourned from the meeting and was absent during any discussion, proposal and vote of the following resolution. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR RONALD L. NEWELL AND GARFIELD P. RAYMOND TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 590, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning should first go to the Planning Department and when appropriate to the Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Department and when appropriate to the Planning Board for the Town of Queensbury for report and recommendation: Ronald L. Newell and Garfield P. Raymond - Tax Map No.'s 61-1-41.1,61-1-44, and 61-1-17, Bay Road and Country Club Road, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it desires to be Lead Agent for the SEQRA review of this project and directs the Executive Director, when appropriate to notify any other involved agencies of this. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mrs. Goetz, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mr. Caimano DISCUSSION BEFORE VOTE: Mr. Martin-Noted that he has not seen this application. Attorney Dusek-The process has been that it goes to the Town Clerk first and then to the Town Board. This Board at this point is saying, yes send it on to the Planning Department and the Planning Board. The Town Board is not committing one way or another at this time. Councilman Monahan-They want a Highway Commercial and I would like the Planning Department to start working on this Highway Commercial Zone, because it allows so many different things to go in it. Mr. Martin-If you read it carefully it actually allows also anything in Plaza Commercial. Councilman Monahan-It's a zone that anything can go there no matter where it is in Town. I would ask that the Highway Commercial zones be looked at allover this Town. This particular piece of land, I have walked it with Ron Newell and it has an awful lot of water and swampy area. So I would like to see Jim and his staff first look at Highway Commercial, what's appropriate for which areas of Town, particular Bay Road and come back with their recommendations before we start something we can't stop. Supervisor Brandt-Isn't that essentially doing a moratorium? Councilman Monahan-That's why you have a master plan Mike, your not supposed to rezone every piece of property in Town without doing a complete relook at the Town but at least we ought to be looking at Highway Commercial. For one thing, this is not made out completely and should be returned. Supervisor Brandt-Why wouldn't we just send this to the Planning Department for their comments. The man has a piece of land that he wants to rezone, like any other citizen, has a right to ask for rezoning. It would seem the appropriate thing, send this to the Planning Department and get it started, give us what they see as the weaknesses, the strengths and address them. I think it's wrong to tell people we won't deal with you because we don't like our own ordinance. Councilman Monahan-Well then I would suggest that this resolution should be changed, instead of going to the Planning Department and Planning Board, that we just have it go to the Planning Department first and then come back to us for a conference. Supervisor Brandt-How about we say, to the Planning Department and when appropriate to the Planning Board. That gives us some input from our Planning Department and we can move the process in an orderly fashion. Town Attorney-If you agree to that, I would recommend also, at the last resolve clause regarding the lead agency, you would say, when appropriate notify the other agencies, so you delay that part of it as well. Town Board agreed to the changes and the resolution passed reflects those changes. RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO. 591, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: CEMETERY AND CREMATORIUM: FROM: TO: AMOUNT: 02-8810-4300-11 (Telephone) 02-8810-4400-11 (Contractual) $ 175.00 COURT: FROM: TO: AMOUNT: 001-1110-1870 (Assistant Coordinator) 001-1110-1062 (Justice Court Clerk) $ 5,484.86 and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT: None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 592, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker 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: General Fund #01 TO: Landfill Fund #910 $ 100,000.00 $ AMOUNT 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 2nd day of November, 1992, by the following vote: AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: None RESOLUTION AMENDING 1992 BUDGET RESOLUTION NO. 593, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1992 Budget be amended as follows: 1) Increase appropriations in Fund #32, "Quaker Road Sewer Operation Fund", Appropriated Fund Balance Account #32-32-0599, by $25,000.00; and 2) Increase appropriations in "Transfer to Capital Project, Quaker Road Capital Construction", Account #32-9901-9076 by $25,000.00. Duly adopted this 2nd day of November, 1992, by the following vote: AYES Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: None Councilman Tucker submitted letter from Highway Superintendent, Paul Naylor to the Deputy Town Clerk to be read into the record. (letter on file) Deputy Town Clerk Mitchell-Dear Mike, I had a call from Dick Goedert, Transportation Advisor at Queensbury School. His old truck that we sold him a few years ago has finally bought the farm and they are in the processing of budgeting for a new snow plow truck. I told him that I had an old '78 here with the rearend gone out of it and possibly the town would feel free to sell it to him for a buck, that way he could buy a rearend for a couple of grand and put it on the road. It is not worth for us to spend that kind of money on it to getting it back to full strength. We still have two other ones here so I would suggest that you people let me sell it to him for a dollar or whatever is legal and we could keep our school taxes down as well. Please let me know. Paul H. Naylor, Highway Superintendent. Town Board held discussion and the following resolution was proposed: RESOLUTION AUTHORIZING SALE OF TRUCK RESOLUTION NO. 594, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the sale of a 1978 Truck without a rearend, as is, where is, to the Union Free Queensbury School District for the amount of One Dollar. Duly adopted this 2nd day of November, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None Councilman Monahan-Noted that a street light is needed at the comer of Quaker and Country Club Roads and requested Councilman Tucker to begin the process. Councilman Tucker-Agreed to have a resolution prepared for next week. OPEN FORUM 7:45 P.M. Steve Sutton-Referred to the Planning Board Meeting and the discussion involving Red Lobster. I know you were there too but I would like to say that I found it very upsetting, Mrs. Rowe's attitude. A newly appointed member, sat through 3 or 4 other things on the agenda, hopped out of her chair when the Red Lobster project came up, asked the chairman if she should take her place on the Board and he said, sure come on up. Then proceeded well documented and proved later to be a member of the neighborhood. With that kind of judgement, when she was approached by a couple of people to at least not vote, on something that she had clearly done her homework on is not showing very good judgement I don't think and doesn't vote well for the Town of Queensbury. Whether you are for that project or against it, I think that's immaterial. But I've seen a couple of appointees put on there, I look at it like the Supreme Court. The Planning Board holds alot of power in this Town and the way it sways is going to be the way it is for a long time and I have alot of concern about it. I would like to know what your feelings are on it. You were there, I think you saw the attitude, the smile, the attack and then proceeded to vote. I know it wasn't an important vote, but with that kind of judgement I'm wondering what happens on the next project, I mean it's a fundamental thing, to excuse yourself if your involved in something. Supervisor Brandt-I frankly was happy that she asked the questions she asked because I felt that she could articulate a view point in asking questions that we didn't have that view point. I thought it was good to get it on the floor. But I also was offended that she voted. I read a piece that Paul Dusek had given us, an Attorney General's opinion on this kind of a matter. I read it closely looking at it in hindsight to what took place and I think clearly it was a violation of what the Attorney General was writing about in his letter. In that letter he said, this is also a matter for code of ethics. I talked to Paul Dusek about it and I would like to see us write specific language in our code of ethics addressing this specific thing, clearly stating that this is not acceptable. I'm proposing to do that and Paul is undertaking that on my behalf which I'll bring to the Board. But I believe that was wrong for several reasons. One, she was a member of the association and she had taken a previously a personal strong position and I think therefore, it's hard to be objective. Mr. Sutton-I agree with you that her input was important to that discussion but I think her input should have been in the audience not on the Board. Not just that she voted but I don't think she should have taken part in that. I hope your agreeing with me on this because I have a major problem with it. Councilman Caimano-We were not consistent. Not a month before, we had another Planning Board Member was involved in another situation before the Board and he excused himself, after some discussion but he excused himself. Mr. Sutton-Yes and I noticed you excused yourself tonight. Councilman Goetz-I feel she should not have voted, I was on the Zoning Board for 10 years and there's no way she should have voted on that. Supervisor Brandt-I think if it's in our code of ethics, then someone coming on a Board can read that and see that it's pure law. Councilman Goetz-You addressed how she'll act in the future and I have good hopes that she will act properly in the future. Mr. Sutton-When you see the influence people can have, I'm looking down the road, I want to protect my interest and I want to protect the Town and I didn't see what was happening as being in the best interest of the Town. Thank you. Mike O'Connor-1 wasn't part of that discussion but I know when the ethic's code was passed, we had that very discussion. I thought we had language already within the ethic's code that would cover that. Attorney Dusek-I had quickly scanned the situation, it rose quickly that night and I didn't find a particular section in the ethic's law that was clearly applicable. I would encourage the Board to adopt the stronger language as part of the ethic's law to clear it up and avoid this all together. Brian Granger-Referred to the subject of Red Lobster. Noted, as a prior resident of Old Aviation Road, living opposite of McDonald's, I know the traffic is a major problem and concern with the proposed project. Is there anything the Town can do to close the rear entrance either permanently or even on a temporary basis, to see if that would relieve the neighborhood of their concerns, the noise and the traffic? Supervisor Brandt-We've been discussing this. I went and personally observed this and there is an enormous traffic flow through McDonald's, through that neighborhood. I was shocked at the number of cars. Mr. Martin-I have made preliminary contact with the representatives of McDonald's, the real estate division and they're going to review Red Lobster's traffic study to see if they could consider shutting that down, coordinating with the Town. I'm waiting for them to get back to me. Mike O'Connor, Law Firm of Little & O'Connor-I'm here to speak on behalf of Hudson Pointe. Referred to a resolution the Board adopted approximately a month ago, naming itself as lead agency. I think October 28th was the date for notices to come in from other parties who have an interest in being lead agency. That date has come and passed. As I understand it, no one has taken objection to the Town Board acting as lead agency. I would like to go forward and one of the things to go forward, is a referral by this Board pursuant to the Planned Unit Development Regulations to the County Planning Board. If we did this, this evening the County Planning Board could consider the application at it's November meeting, which I believe is November 18th. Attorney Dusek-There is a section of the General Municipal Law which triggers the requirement. The Board will issue, in essence, an advisory opinion which has some clout. If they approve, there's no problem, you go ahead and do business as usual. If they don't approve, it would require a super majority vote of the Board, meaning four members. Although, it's advisory, it is an important consideration. Town Board held discussion and the following resolution was proposed: RESOLUTION REGARDING LEAD AGENCY RESOLUTION NO. 595, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby formally declares itself as lead agency for the Hudson Pointe PUD for the purpose of SEQRA review and authorizes submission of the project to the Warren County Planning Board for review. Duly adopted this 2nd day of November, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None Mr. Martin-Noted for the Town Board, there is a scheduled meeting for this Thursday at 2:00 in the afternoon with the Planning staff and the Development Team to go over their submission to the Town. You have the material to review and are welcome to the meeting to discuss any questions that you may have. Dave Kenny, Queensbury-Referred to the Factory Outlet stores on Route 9, noted that it's in a lighting district and yet there are no street lights. Noted further, there's a desperate need for lights, it's very black and it's one of the busiest sections in Town. Spoke to the Board regarding the possibility of decorative lighting for that area. Would like authorization from the Town to have lights installed for that area. Town Board held discussion, agreed there's a need for lighting and will research further. John Salvador-Spoke to the Town Board regarding the ballot for the proposed Crandall Library Budget. Noted that's its very confusing and misleading. Questioned what's being approved? Concerned that this approval leads to the future, the number that's approved today becomes a measuring stick for all future budgets. Attorney Dusek-That's where I disagree. I've said it's the appropriation, because that's what the law says. It says, the appropriation is the measuring stick. If the appropriation, which is the amount appropriated by taxes changes, then it must go back to the voters. Councilman Caimano-Noted that we've had some communications from Harron Cable regarding a franchise fee being charged to the Town of Queensbury. I would like to have this clarified. Town Board held discussion and agreed that this issue needs to be addressed and researched further. OPEN FORUM CLOSED RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 596, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Audit of Bills appearing on Abstract November 2nd, 1992, numbering from 92-4615 through 92-4815 and totalling $248,714.44 be and hereby is approved, and BE IT FURTHER RESOLVED, that Voucher #92-4707 is hereby pulled from the Audit of Bills, that being Vendor #1111, Rist-Frost Associates, P.C. and the total reflects this change. Duly adopted this 2nd day of November, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None ABSTAIN: Mr. Caimano, Vendor #0127, GF Post Star RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 597,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter Executive Session to discuss 2 matters of Personnel and 1 matter of Potential Litigation! Attorney-Client Privileged Information. Duly adopted this 2nd day of November, 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