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1992-12-28 TOWN BOARD MEETING DECEMBER 28, 1992 7:00 P.M. MTG # 120 RES. 678-701 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN BOARD MEMBER ABSENT SUSEN GOETZ-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, MIKE SHAW, RALPH VANDUSEN, TIM BREWER PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Brandt called meeting to order ... first item on the agenda, a public hearing for a sewer connection variance for Robert Blake. PUBLIC HEARING - SEWER CONNECTION VARIANCE - ROBERT BLAKE NOTICE SHOWN 7:05 P.M. ATTORNEY DUSEK-I spoke with Mike today and I think there was a little confusion here surrounding this but I think I got it straightened out today. I guess I'm going to look to the Board to tell me if you think I'm wrong on what my analysis is. We had a couple of conversations but in my second conversation with Mike, I believe that what is happening here is that originally the Board said, we'll give this gentleman 60 days to get the sewer pipe put in and what we want to do is table our motion while he gets this done as opposed to acting on it or addressing it in some fashion. Then I think it came back up at the end of 60 days and at that point it looked like nothing had been done and the Board said, well how do we get this thing moving again. At that point I indicated I believe to the Board that you had to go through another former notice which is what was done for tonight. In the mean time however, what Mike tells me is the gentleman has secured an easement for his sewer pipe and he plans to install it in the Spring time, or he would like to I guess, that's the whole point and now it's back in your court. MIKE SHAW, W ASTEW A TER SUPERINTENDENT-The reason he said he would like to install in the Spring time he told me today is that additional costs .... COUNCILMAN TUCKER-Did he give us a definite date? MR. SHAW-Excuse me? COUNCILMAN TUCKER-Can he give us a definite date? Spring time is a lot of days. MR. SHAW -No he did not give a definite date. COUNCILMAN MONAHAN-He ought to be able to do it by May 1, wouldn't you say Pliney, the ground would be ready, he could get in there and have it done by May 1 ? COUNCILMAN TUCKER-Yes. MR. SHAW-It sounds reasonable to me. COUNCILMAN TUCKER-Yes as long as we can get a definite date, May 1st, yes. COUNCILMAN CAIMANO-Completion by May 1st? COUNCILMAN MONAHAN-Yes. COUNCILMAN TUCKER-That gives him the whole month of April. SUPERVISOR BRANDT-The frost is usually out in early April. COUNCILMAN TUCKER-Yea, we hope. COUNCILMAN CAIMANO- W ell if it's not, he can come and ask for an extension. COUNCILMAN TUCKER-I'll make a motion that we give him an extension until May 1st. COUNCILMAN MONAHAN-Yes, a temporary extension. COUNCILMAN CAIMANO-Paul you need to add this to the end of this, right? The end of this resolution says approves a variance to Mr. Blake so long as and can't we add in there, if work is completed by May 1, 1993? ATTORNEY DUSEK-Sure. COUNCILMAN MONAHAN-Shouldn't we say a temporary variance in front of variance? ATTORNEY DUSEK-I think maybe say, hereby approves a variance to Mr. Blake for purposes of granting a temporary extension of time to May 1st, 1993 which to install a sewer line after which date the Town will expect that sewer line connection will have been made, period. Then under the reasons, put down because of the weather. The reason for the extension of time is due to weather conditions. COUNCILMAN CAIMANO-I'll second it. COUNCILMAN MONAHAN-Just to make sure, we should put May 1, 1993. COUNCILMAN CAIMANO-Yes, 1993. SUPERVISOR BRANDT -Any other discussion? PUBLIC HEARING CLOSED RESOLUTION APPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR ROBERT BLAKE RESOLUTION NO.: 678, 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 ~ 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. Robert Blake 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: his house lies directly behind the house at 330 Ridge Street, and does not have road frontage; and WHEREAS, the public hearing was left open for 60 days, to be reconsidered in 60 days as Mr. Blake was given time to arrange to hook into the sewer system, 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 September 28, 1992, and again on December 28, 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 of the Town of Queensbury, after this second public hearing, hereby approves a variance to Mr. Robert Blake, for purposes of granting a temporary extension of time to May 1st, 1993 in which to install the sewer line after which date the Town will expect that the sewer line connection will have been made. BE IT FURTHER, RESOLVED, that the reasons for the extension of time is due to weather conditions. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mrs. Goetz Attorney Dusek-Just briefly, the next three hearings for the proposed local laws deal with sewer rent laws being put into place for the operation and maintenance of the various sewer districts. Mike Shaw-The first one is Quaker Road Sewer District, the rates for 1993 0 & M, the residential rate will stay the same as it is now. The first 250,000 gallons of water usage is $50.00, over the 250,000 gallons will be $2.75 per thousand. Commercial rate will go up to $4.70 per 1,000 gallons. It will be billed quarterly based on quarterly water meter readings. The next district is Technical Park, 0 & M, operation and maintenance, only commercial users in that district so we only set a commercial rate. The commercial rate will be $2.20 per 1,000 gallons of water usage, it will be based on last year's water usage from November 92 to November of 91 and billed January 1. The only real difference is as far as this over Quaker Road is this is being billed January 1 based on last year's water usage. Quaker Road sewer district is billed quarterly based on quarterly water readings. The other district is Hiland Park, operation and maintenance, residential rate will be $100.00 for the first 50,000 gallons of water usage. Over 50,000 gallons, it will be $6.00 per 1,000 gallons. We have a cap of 225,000 gallons on the residential water usage. Commercial will be $17.55 per 1,000 gallons of water usage. This is based on prior year water usage readings, November 92 to November 91, billed January 1. Town Board held discussion regarding the yearly one billing policy for two of the districts rather than the quarterly billing policy for the other district. Town Board agreed that it should be one policy for all districts and that they should all be billed quarterly. Attorney Dusek-Because I'll have to redraft a section of this, I want to make sure I understand the Board. Is the only change the Board is asking for is in the Technical Park and Hiland, instead of saying that they are billed annually, they are billed quarterly? Town Board agreed to that policy and agreed further that it's not a major change that would need to go through another public hearing. Attorney Dusek -You still won't be able to pass this tonight because by changing the law you have to do one of two things. We either have to, one, give it back to you changed and let it sit before you for seven days or we can give it back to you changed with a message from Mike, the Supervisor, tomorrow saying that it's a necessity that it be passed right away. Town Board agreed that it is a necessity to be passed right away and would be presented at tomorrow's meeting. PUBLIC HEARING - AMENDING SEWER ORDINANCE CHAPTER 136, SECTIONS 135, 136, 137 & 145 NOTICE SHOWN 7:20 P.M. SUPERVISOR BRANDT-I declare the public hearing open. Is there anyone who would like to speak on this? BARBARA BENNETT-Just a quick comment. Before I left, on television they say New York State is the highest taxed State in the Nation. COUNCILMAN CAIMANO-I saw that. Right, Money Magazine got us Number one. COUNCILMAN MONAHAN-Yes, well it's nice we can be number one in something. COUNCILMAN TUCKER-Are they telling us something we haven't known for years? COUNCILMAN CAIMANO-No. SUPERVISOR BRANDT-Okay, then I'll close the public hearing on that district. PUBLIC HEARING CLOSED PUBLIC HEARING - AMENDING SEWER ORDINANCE CHAPTER 136, SECTION 137(B) NOTICE SHOWN 7:21 P.M. SUPERVISOR BRANDT -Is there anyone here that would like to speak on that? I'll close the public hearing on Technical Park. PUBLIC HEARING CLOSED PUBLIC HEARING - AMENDING SEWER ORDINANCE CHAPTER 136, SECTION 137(C) NOTICE SHOWN 7:22 P.M. SUPERVISOR BRANDT -Is there anyone here that would like to speak on that one? I'll close the public hearing on that. PUBLIC HEARING CLOSED RESOLUTION TO ENACT LOCAL LAW NUMBER 12, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL" TO AMEND SECTIONS 136-135, 136-136, 136-137 & 136-145 RESOLUTION NO. 679, 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 desirous of enacting a Local Law to amend the Code of the Town of Queensbury Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to amend Section 135, "Statement of Policy," and Section 136, "Definitions," to make the sections generic, instead of referring just to the Central Queensbury Quaker Road Sewer District, and to amend, modify, and repeal, as indicated therein, certain provisions concerning fees and in certain instances, raise fees, assessed in the Central Queensbury Quaker Road Sewer District, set forth in Sections 136-137 and 136-145, with the remaining provisions of said Code remaining unchanged, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the proposed Local Law entitled "A Local Law Amending the Code of the Town of Queensbury, Chapter 136 thereof, entitled 'Sewers and Sewage Disposal, "' is on file with the Town Clerk and present at this meeting, a copy of said Local Law also having been previously given to each member of the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on December 28, 1992, a public hearing with regard to this Local Law was duly conducted, and WHEREAS, the legislation is proposed in connection with the continued operation and management of the sewer district and is therefore determined to be a Type II Action under SEQRA, not requiring any further SEQRA review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal," to be known as Local Law Number 12, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mrs. Goetz LOCAL LAW NUMBER 12, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 136, THEREOF, ENTITLED "SEWERS AND SEWAGE DISPOSAL", TO AMEND AND REVISE CERTAIN PROVISIONS THEREOF: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 136 of the Code of the Town of Queensbury, Article XXIII, Section 136-135, is hereby amended to read as follows: ~ 136-135. Statement of policy. There is hereby established a Sewer Rent Law, pursuant to Article 14-F of the General Municipal Law and the Municipal Home Rule Law of the State of New York in order to pay costs for the respective Sewer Districts identified herein, including: All costs for the operation, maintenance, repair of the sewer system hereinafter defined, and all other costs, including sums, if any, to be paid to the City of Glens Falls or others for sewage treatment. SECTION 2. Chapter 136 of the Code of the Town of Queensbury, Article XXIII, Section 136-136, is hereby amended to read as follows: ~ 136-136. Definitions. As used in this Part 5, the following terms shall mean and include: NONRESIDENTIAL PROPERTY - Includes a building, structure or land use designed and occupied for any commercial activity or business use. PART - Includes all lateral sewers or all branch sewers or all interceptor sewers or all trunk sewers and sewage treatment and disposal works and each part with necessary appurtenance, including sewage pumping stations. RESIDENTIAL PROPERTY - Includes a building, structure or land use designed and occupied exclusively as a human dwelling and upon and in which no commercial activity or business use is maintained, unless such activity or use is in compliance with Chapter 179, Zoning, as a home occupation. SEWAGE - Includes the water-carried human waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture with sewage, as above defined, of "industrial waste" or "other waste," as hereafter defined, also shall be considered "sewage" within the meaning of this Part 5. A. INDUSTRIAL WASTE - Includes any liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources. B. OTHER WASTE - Includes garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals and other discarded matter not sewage or industrial waste. C. Provided, however, that none of the foregoing uses of the sewer system for the items as defined may be made unless in conformity with Part 3 of this chapter and all other applicable rules and regulations of the Town of Queensbury, County of Warren and State of New York. SEWER RENTS - As established by the Town Board of the Town of Queensbury for the respective Sewer District identified herein. SEWER SYSTEM - The sewer system owned and operated by each respective Sewer District, and includes all sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment and/or disposal of sewage, industrial wastes and other wastes, and which are owned, operated or maintained by the Sewer District, including pumping stations and sewage treatment and disposal works and all extensions, additions and improvements, which may be made to such system. Whenever the term sewer system is used herein, it shall refer to a particular Sewer District or all Sewer Districts as may be required by the context of the paragraph or section where the word appears. SECTION 3. Chapter 136 of the Code of the Town of Queensbury, Article XXIV, Section 136-137, is hereby amended to modify certain fees, delete certain provisions, and delete Section 136-137B and to read as follows: ~ 136-137. Annual charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following Sewer Districts as set forth below: A. Annual charges pursuant to ~ 136-135 [A] hereof for the Central Queensbury\Quaker Road Sewer District: (1) For residential properties: fifty dollars ($50.) annually for each residential unit, plus two dollars and seventy-five cents ($2.75) per thousand gallons of water consumption in excess of fifty thousand (50,000) gallons per year as indicated by the current water meter readings billed on a quarterly basis. (2) For nonresidential properties: four dollars and seventy cents ($4.70) per thousand gallons of water consumption as indicated by the current water meter readings billed on a quarterly basis. (3) For nonresidential properties that are not equipped with functioning meters, the following schedule of charges shall apply: (a) All properties except restaurants, taverns, bars or similar uses with one (1) rest room; two hundred thirty-five dollars ($235.00), annually. (b) All properties except restaurants, taverns, bars or similar uses with two (2) or more rest rooms: four hundred seventy dollars ($470.00) annually. (c) Properties with restaurants, taverns, bars or similar uses: seven hundred five dollars ($705.00) annually. SECTION 4. Chapter 136 of the Code of the Town of Queensbury, Article XXV, Section 136-145, is hereby amended to read as follows: ~ 136-145. Penalty for nonpayment. Ifbills are not paid by the last business day of the calendar month when rendered, a penalty often percent (10%) shall be added to each billing not paid, except that there shall not be assessed a penalty on a penalty, until October 31 when said bills shall be turned over to Warren County for payment and assessed on taxes due the next year. SECTION 5. This Local Law shall take effect January 1, 1993. Sections, fees, words or paragraphs repealed hereby are intended to be repealed only to the extent that the same shall not apply for sewer rents assessed against properties in the effected Districts after January 1, 1993. Nothing herein shall be construed to waive fees, bills, or charges incurred by virtue of the repealed fees or charges prior to January 1, 1993. Attorney Dusek-Under the law, when you pass a local law it has to be in it's final form seven days prior to the time you adopt it. The only way around that is if the Supervisor signs a certificate of necessity indicating that it should have immediate passage. So we have two choices. Tomorrow I can have these revised so I can hand them to you, then you have a choice of either waiting seven days to pass it or if Mike feels that there's a sufficient basis to issue a certificate of necessity to get things moving, he can do that and I can help draft that tomorrow. Town Board agreed to have the Town Attorney prepare the certificate of necessity. PUBLIC HEARING - AMEND CONTRACT/NORTH QSBY VOL FIRE CO NOTICE SHOWN 7:25 P.M. SUPERVISOR BRANDT-We have a public hearing scheduled with the North Queensbury Volunteer Fire Company Contract. Is there anyone here to speak on that? UNKNOWN-We're here to listen. COUNCILMAN MONAHAN-We took all your money away. COUNCILMAN TUCKER-No we didn't guys, no we didn't. SUPERVISOR BRANDT-We had a big spending week this week and we spent it all, it's gone. No. Anyone to speak on that contract? Then I'm going to close the public hearing on it. PUBLIC HEARING CLOSED PUBLIC HEARING - AMEND CONTRACT/WEST GLENS FALLS VOL FIRE CO NOTICE SHOWN 7:26 P.M. SUPERVISOR BRANDT-The next public hearing is a public hearing for the West Glens Falls Fire Company contract. Is there anyone here to speak on that? For the public information, West Glens Falls contract, they've helped in trying to help North Queensbury. What they've done is they've given back $10,000.00 off their next year's contract or at least they'll have $10,000.00 less and that will be passed over to North Queensbury in effect and North Queensbury will, it's an attempt to help them in their agenda to move along with their new building, with a new building. In my estimation West Glens Falls is helping the Town and that has to be reflected in the following contract that has to be brought back and we certainly appreciate their help. They submitted a letter for the record and would you read that into the record please? DEPUTY CLERK MITCHELL-To the Queensbury Town Board. On 11-92, the West Glens Falls Board of Directors voted to give the Town of Queensbury back $10,000 . We took the $10,000 out of the Building fund because in 1993 we will have a balance of $40,000 and we budget $50,000 for our Building fund. We would like the Town Board to know that we took only five years to pay for that building. Our loan from the bank was for 15 years. We also would like the Town Board to know that we payed $123,000 out of our Bingo Fund. Sincerely, Board of Directors, President John Skellie. COUNCILMAN CAIMANO-Because nobody won any bingo games the entire time. COUNCILMAN MONAHAN-I personally would like to thank the West Glens Falls Fire Company for their cooperation in this matter. COUNCILMAN CAIMANO-I would too. I think it continues a spirit of cooperation that I think is terrific. UNKNOWN-North Queensbury would like to go on the record as thanking them also. We appreciate any help that we can get. COUNCILMAN MONAHAN-And I think other companies have indicated that as their building payments go down, that they will be willing to give back some on their contracts, in the future. COUNCILMAN CAIMANO-Can we move both of these? COUNCILMAN MONAHAN-I just think the amounts ought to be in here. North Queensbury, the amount of the contract isn't in here Paul, I'd like to see that put in here. ATTORNEY DUSEK-There should be a contract with the amount stated in the contract. COUNCILMAN MONAHAN-I know but the people are going to see the resolution and I think a lot of people are interested in what we're giving the fire companies and I'd just like to see it put in there someplace. Whereas the new proposed contract, can't we just put it in parenthesis there, the dollar amount? Whereas from the bottom? ATTORNEY DUSEK-Okay, on page 2, the whereas where it says, whereas it appears the proposed contract is fair and reasonable? COUNCILMAN MONAHAN-Yes. ATTORNEY DUSEK-What if you put it right in there, said whereas the proposed contract in the amount of whatever it is per year is fair and reasonable? In the case of North Queensbury, I believe it's $260,000. This would be for the year 1993. COUNCILMAN CAIMANO-Okay. ATTORNEY DUSEK-In the case of the West Glens Falls Fire Company, $285,000 for the year 1993 agaIn. SUPERVISOR BRANDT-Okay, we're still in public hearing, is there anyone that wants to speak on this? Okay, then I'm going to close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING CONTRACT WITH THE NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 680, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by individual contracts with the five (5) Volunteer Fire Companies in the Town of Queensbury, including the North Queensbury Volunteer Fire Company, Inc., and WHEREAS, the present contract between the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc., expires on December 31, 1992, and WHEREAS, negotiations have been held between the Town Board of the Town of Queensbury and the appropriate representatives of the North Queensbury Volunteer Fire Company, Inc., relative to a new, proposed contract for the 1993 year, and WHEREAS, said new, proposed contract has been reduced to writing in the form presented at this meeting, and WHEREAS, the form of the said new, proposed contract has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, Town Law ~ 184 mandates that a public hearing be held prior to entering into a contract for fire protection in a Fire Protection District, and WHEREAS, there was duly posted and published notice that such a public hearing would be held before the Town Board of the Town of Queensbury at 7:00 p.rn. on December 28, 1992, relative to the new, proposed contract presented at this meeting, and WHEREAS, said public hearing was duly held and all persons interested in the subject thereof were heard, and WHEREAS, it appears that said proposed contract in the amount of $260,000.00 for the year 1993 is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the fire protection district, hereby enters into said contract with the North Queensbury Volunteer Fire Company, Inc., in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said contract on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:Mrs. Goetz RESOLUTION APPROVING CONTRACT WITH THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 681,92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District embracing all of the geographical territory of said Town, and WHEREAS, the Town has provided for fire protection therein by individual contracts with the five (5) Volunteer Fire Companies in the Town of Queensbury, including the West Glens Falls Volunteer Fire Company, Inc., and WHEREAS, the present contract between the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc., expires on December 31, 1993, and WHEREAS, the parties have mutually agreed to reduce the consideration to be paid under the Contract for 1993 by $10,000.00, and WHEREAS, a proposed contract for the 1993 year between the Town and said Fire Company has been presented at this meeting, and WHEREAS, the form of the said proposed contract has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, Town Law ~ 184 mandates that a public hearing be held prior to entering into a contract for fire protection in a Fire Protection District, and WHEREAS, there was duly posted and published notice that such a public hearing would be held before the Town Board of the Town of Queensbury at 7:00 p.rn. on December 28, 1992, relative to the proposed contract presented at this meeting, and WHEREAS, said public hearing was duly held and all persons interested in the subject thereof were heard, and WHEREAS, it appears that said proposed contract in the amount of $285,000.00 for the year 1993 is fair and reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the fire protection district, hereby enters into said contract with the West Glens Falls Volunteer Fire Company, Inc., in the form presented at this meeting, for fire protection for the Fire Protection District, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be and he is hereby authorized and directed to execute said contract on behalf of the Town Board of the Town of Queensbury and the Fire Protection District. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MR. NICHOLAS CLEMENS, JR. RESOLUTION NO. 682, 92 INTRODUCED BY: Mr. Nick Caimano 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, 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, Mr. Nicholas Clemens, Jr., 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 cost of the connection will be $2,000.00. Also, the building is not in operation, but the potential buyers will agree to connect to the sewer district; and WHEREAS, the applicant has indicated that: the present septic system is three years old, with grease traps; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on January 11, 1993, 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 Mr. Nicholas Clemens, Jr., on property situated at 71 Quaker Road, Queensbury, New York, and bearing Tax Map No. 107-1-55.1, 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 28th day of December, 1992, by the following vote: AYES Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mrs. Goetz RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MS. LORETTA LANDRY RESOLUTION NO. 683, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt 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, Ms. Loretta Landry 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, among other things, that: 1) It is a land-locked parcel ofland with access by a right of way over a blacktopped driveway owned by adjacent neighbor; 2) Hooking up to the sewer district would require excavating about 150' of the driveway and replacing it with blacktop; 3) Since property is downgrade from the sewer line, it would be necessary to install a grinder pump; and WHEREAS, the applicant has indicated that: the present septic system is a gravity fed system, with a 1,000 gallon septic tank running into a raised mound leach field, which has always functioned very well; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on January 11, 1993, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Ms. Loretta Landry, on property situated at 10 1/2 Patton Drive, Queensbury, New York, and bearing Tax Map No. 108-1-21.7, 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 28th day of December, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT: Mrs. Goetz RESOLUTION TO ACCEPT BIDS FOR 1993 OFFICE SUPPLIES RESOLUTION NO. 684, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for specified office supplies, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, G. F. Blackmer & Son, Inc., has submitted the lowest bid for the aforementioned office supplies in the total amount of $ 4,797.72, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bid be awarded to the aforesaid lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids for the aforementioned office supplies to G. F. Blackmer & Son, Inc., and BE IT FURTHER, RESOLVED, that said supplies are to be paid for from the General Office Supplies Account. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION TO ACCEPT BIDS FOR CHEMICALS FOR USE AT THE QUEENSBURY WATER TREATMENT PLANT RESOLUTION NO. 685, 92 INTRODUCED BY: Mr. Nick Caimano 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 bids for soda ash, liquid alum, liquid chlorine, and caustic soda, pursuant to bid specifications previously submitted and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, certain bidders have submitted the lowest bids for the aforementioned chemicals as follows: BID/CHEMICAL NAME BIDDER AMOUNT A) Soda Ash - VanWaters & Rogers, Inc. $228.00 per ton B) Liquid Alum - Holland Co., Inc. $198.67 per ton C) Liquid Chlorine - KA. Steel Chemicals $218.00 per ton D) Liquid Caustic Soda - Jones Chemicals, Inc. $315.40 per ton and WHEREAS, Thomas K Flaherty, Water Superintendent has recommended that the bids be awarded to the aforesaid lowest bidders, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bids as follows: BID/CHEMICAL NAME BIDDER AMOUNT A) Soda Ash - VanWaters & Rogers, Inc. $228.00 per ton B) Liquid Alum - Holland Co., Inc. $198.67 per ton C) Liquid Chlorine - KA. Steel Chemicals $218.00 per ton D) Liquid Caustic Soda - Jones Chemicals, Inc. $315.40 per ton and BE IT FURTHER, RESOLVED, that said items are to be paid for from the appropriate Water Department Account(s). Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 686, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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 General Fund - 01 Fire Protection Fund - 05 1,000.00 General Fund - 01 W. Queensbury Lighting - 24 2,000.00 General Fund - 01 Cemetery Fund - 02 1,500.00 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1992 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with Section 9-A of the General Municipal Law. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mrs. Goetz RESOLUTION AMENDING AND RESCINDING A PORTION OF RESOLUTION NO. 448 OF 1992 RESOLUTION NO. 687, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, on or about the 17th day of August, 1992, the Town Board of the Town of Queensbury adopted a resolution implementing certain reorganization and staffing of the Departments of Planning, Zoning and Building & Codes Enforcement, and WHEREAS, the Executive Director for the Planning, Zoning and Building & Codes Enforcement Departments has recommended that the aforesaid Resolution be revised, such that the plans for the position of Director of Building & Codes Enforcement be rescinded, WHEREAS, the Town Board of the Town of Queensbury is desirous of amending and rescinding that portion of said Resolution dealing with the position of the Director of Building & Codes and Enforcement, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 448 of 1992, such that portion of the Resolution resolving to amend, revise or reclassify the position of Director of Building & Codes Enforcement, to be consistent with the documents presented at the meeting, and amending the title to Building Inspector is hereby rescinded, with, however, the understanding that the position of Director of Building & Codes Enforcement is to report to, and be under the general supervision of, the Executive Director of the Planning, Zoning and Building & Codes Enforcement Departments, and that the Town Board shall, if it should be determined at some future date to be necessary, undertake any amendments to Local Laws, etc. that may be necessary to implement this policy. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT : Mrs. Goetz RESOLUTION AUTHORIZING RENEWAL OF INSURANCE COVERAGE RESOLUTION NO. 688, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has, reviewed insurance coverage, options and premiums offered by certain companies for insurance coverage for the Town of Queensbury, which coverage would include: Property, CrimeIBond, General Liability, Automobile Liability, Boiler & Machinery, Equipment and Computer Coverages, and Umbrella Coverages, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines, afterreview of the various coverages and companies, that the Town shall renew its coverage with the Hartford Insurance Company and Kemper Insurance Company in accordance with the proposal and SUllUllary on file with the Town Clerk, and the Town Supervisor is hereby authorized and directed to execute any documents that may be necessary to continue coverage with the Hartford and Kemper Insurance Companies, with the understanding that the renewal premiums for insurance will not exceed the sum of $246,228.00 without further authorization from the Town Board, and BE IT FURTHER RESOLVED, that the cost for insurance shall be paid for from the budgeted account. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT : Mrs. Goetz RESOLUTION CONCERNING ABANDONMENT OF DELAWARE & HUDSON RAILROAD SPUR TRACK RESOLUTION NO. 689, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury was previously advised that the Delaware & Hudson Co., was attempting to abandon a portion of the Lake George Branch Line of the Delaware & Hudson Railway, and WHEREAS, the said Town Board previously adopted resolution no. 140, 1992 which generally indicated that the Town Board had no objection to the abandonment of the aforedescribed Delaware & Hudson Railroad Spur Track, provided that certain issues could be addressed, and WHEREAS, the New York State Department of Transportation has issued an Order providing that the Delaware & Hudson Railway Co., may abandon the aforesaid Spur Track, conditioned upon the said Company being responsible for the removal of grade crossings and restoring the land according to the New York State Railway Law, as well as removing crossing signals, a copy of said Order being present at this meeting, and WHEREAS, the New York State Department of Transportation has also advised the Supervisor by way of letter dated December 2, 1992 that the Order has been adopted and that should the Company decide to sell the property, a departmental review will be required to address the State's preferential acquisition right to the property and that further communications will occur with the Town at that time, and WHEREAS, the Town Board, by this resolution, wishes to state and set forth its directive of policy, as well as objectives it desires the Town Supervisor and Town Attorney to accomplish on behalf of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby: 1) acknowledges receipt of the Order of abandonment of the aforedescribed Delaware & Hudson Railroad Spur Track and indicates it has no objection thereto, 2) that the Town Supervisor and Town Attorney be authorized to continue to communicate and seek from the Delaware & Hudson Co., or if appropriate, successors in interest, an agreement or some other arrangement by which sewer pipes may be continued to be maintained in the area of the abandoned Railroad Track, and 3) indicates that it is in favor of the County of Warren acquiring the property upon which the aforesaid Railroad Spur existed for the purpose of extending the existing County Bike Trail and seeking any available Federal or State funding, and 4) that the Town Board respects the jurisdictional boundary between the Town of Queensbury and City of Glens Falls, and nothing in this resolution should be construed as an attempt by the Town of Queensbury to, in any event, suggest, recommend, or otherwise concern themselves with what may happen to the property upon which the abandoned railroad is situated in the City of Glens Falls. The Town Board, however, request that the City of Glens Falls consider the intermunicipal benefits of extending the Bike Trail. Such an extension would benefit the Feeder Canal Project area, as well as encourage the joining together of the communities affected by the Bike Trail for mutually beneficial recreational purposes. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mrs. Monahan, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mrs. Goetz ABSTAIN: Mr. Caimano Supervisor Brandt requested that a copy of the resolution be sent to the City's administration and to the County. RESOLUTION AUTHORIZING DEFENSE OF COMBINED ARTICLE 78 AND DECLARATORY JUDGEMENT ACTION RESOLUTION NO. 690, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury has been advised that an action has been commenced against the Town of Queensbury, together with other defendants, by John Salvador and Kathleen Salvador, and WHEREAS, the Town Board of the Town of Queensbury desires to arrange for the defense of said lawsuit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to defend the above captioned action and the Town Supervisor for the Town of Queensbury is authorized to execute, on behalf of the Town Board and the Town of Queensbury, any Answers or other pleadings that may be necessary in said action. Duly adopted this 28th day of December, 1992, by the following vote: AYES : Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES : None ABSENT: Mrs. Goetz DISCUSSION BEFORE VOTE: Councilman Caimano-I would like an explanation from Paul why he set this up this way. I'm concerned and think the whole Town Board should be involved. Attorney Dusek-This resolution as I understand it, would give me the backing of the Town Board to defend it vigorously, which means to take all possible action to obtain a dismissal from the court. The only thing that I would have to have signed if it was necessary at some point, would either be perhaps an affidavit or an answer, that we sometimes have to submit a verified answer. The only reason I picked the Town Supervisor was because sometimes you get these things out and you don't have enough time to wait for a Board meeting to get that affidavit or get that answer out, we could be under deadlines at some point. It's going to be just a response to the pleadings that have been submitted with appropriate defenses. Councilman Caimano-Under ordinary circumstances, that would be just fine. On the circumstances of this, I think you ought to keep everybody informed of everything that's going on or somebody is going to be in trouble. Attorney Dusek-I think for the record, I think the Board knows that any law suit that this Town is involved in, I always keep you appraised of every move of the law suit in terms of, when decisions have to be made as to strategies taken or whatever and you would do the same in this case. You may be reading more into this than what it is. It's just a catch-all to have somebody be able to sign a pleading. Councilman Caimano-I don't mind this then as long as your saying it's just for expediency sake and that everything will be reported through the Board. Attorney Dusek-I understand your concern and please take my assurances that I'll also keep the Board appraised. I would never go off on a whole new direction without consulting you. The intent of this resolution in my mind at this point, the action that I'm about to undertake on your behalf is simply to move to dismiss this case because whatever you may feel about Mr. Salvador's suit, it's my opinion that I don't see a legal basis for the Town, you know has any part of this suit. That's the action I'll be seeking to undertake but rest assured that I will always communicate with you, first of all, anything that develops in the law suit but also certainly before we undertake any strategy or any new course of action. Councilman Caimano-I'll move it. Supervisor Brandt-Also for the record, I will not sign something to set a policy separate from the Board. The Board is the policy making body in this Town, I'm not. Councilman Caimano-Okay, I'll move it. Supervisor Brandt-Okay, I'll second it. RESOLUTION AMENDING FINANCING PLAN FOR QUEENSBURY CONSOLIDATED WATER DISTRICT ADMINISTRATION BUILDING CAPITAL PROJECT RESOLUTION NO. 691, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, authorized the construction of a new administration building and other appurtenances necessary for a completely operational administration building and arranged for financing, which consisted, initially, of the issuance of $830,000.00 in serial bonds, and WHEREAS, by Resolution No. 706 of 1991, the Town Board of the Town of Queensbury authorized the appropriation of $600,000.00 from the Unappropriated Fund Balance of the Queensbury Consolidated Water District and provided that the project would be paid for by the said $600,000.00 appropriation and the issuance of $230,000.00 in serial bonds, and WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the aforesaid plan for financing of the construction project and accordingly amending the Capital Project Budget, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends said plan for financing by appropriating the sum of $150,000.00 from the Unappropriated Fund Balance of the Queensbury Consolidated Water District and by determining to issue no serial bonds to pay for the project and, therefore, revoking the Town Supervisor's authority to issue Bond Anticipation Notes, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations in the Town of Queensbury Consolidated Water District Interfund Transfer Account by $150,000.00 and hereby authorizes the transfer of the same to the Queensbury Consolidated Water District Administration Building Capital Project Fund and the 1992 Town Budget and/or District Budget is hereby amended accordingly, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to transfer funds and take all actions that may be necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES None ABSENT : Mrs. Goetz RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO. 692, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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: WATER DEPARTMENT: FROM: TO: AMOUNT: 40-8340-2899 (Cap. Improvements) 40-8320-4300 (Utilities) $22,000.00 40-8310-13 20 (Conf. Admin. Sec.) 40-8310-1180 (Prin. Acct. Clerk) 3,100.00 40-8340-1560 (Water Maint. Man 1) 40-8340-1570 (Water Main. Man 2) 3,400.00 40-8340-2899 40-1930-4400 (Cap. Improvements) (Misc. Cont., Judgment & Claims) 13,381.76 WASTEWATER: FROM: TO: AMOUNT: 33-8120-4400 (Misc. Contractual) (Qsby. Tech. Park) 33-8130-4400 (Cont. Sewage Treat.) (Qsby. Tech. Park) $ 1,100.00 Fund #33 33-8130-4400 Appropriated Fund Bal. (Misc. Contractual (Qsby. Tech. Park) Sewage Treatment) (Qsby. Tech. Park) 4,013.00 and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 28th day of December, 1992, by the following vote: AYES : Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES : None ABSENT: Mrs. Goetz RESOLUTION RETAINING SERVICES OF COLE-LAYER-TRUMBLE COMPANY TO PROVIDE APPRAISED VALUES FOR FOUR COMMERCIAL PROPERTIES RESOLUTION NO.: 693,92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, by previous resolution no. 262, 92, retained the services of Cole-Layer- Trumble Company to perform the revaluation for the Town of Queensbury, and entered into a contract for the same dated June 3, 1992, and WHEREAS, the said contract specifically excluded four (4) properties from the contract entered into on June 3, 1992, said properties being: (1) The Great Escape; (2) Dunham's Bay Marina; (3) The Glens Falls Country Club; and (4) Glens Falls Cement Company; and WHEREAS, the Town Assessor has recommended and Cole-Layer- Trumble Company has offered to perform a fair market fee simple appraisal of the four properties referenced above, and WHEREAS, a proposed letter-form agreement dated December 18, 1992, has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services of Cole-Layer-Trumble Company to perform appraisals of four commercial properties specifically excluded from the contract entered into between the Town and Cole-Layer-Trumble Company on June 3, 1992, said properties being: (1) The Great Escape; (2) Dunham's Bay Marina; (3) The Glens Falls Country Club; and (4) Glens Falls Cement Company, at an additional amount of $8,000.00, and in accordance with the terms and provisions of the agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute the letter-form agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for said appraisals shall be paid for from the Revaluation Account. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 694, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically considering a request for change of zone by Mr. Charles R. Wood, whereby a parcel of land, known as Tax Map No. 98-2-1, 98-3-1 and 98-3-5, and located generally adjacent to the intersections of Aviation Road and Greenway North and Old Aviation Road in the Town of Queensbury would be changed from SFR-1O (Single Family Residential- 10,000 square feet) to HC-IA (Highway Commercial - 1 Acre), thus modifying the existing Zoning Ordinance and map, and WHEREAS, on or about August 31, 1992, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and indicated its desire to be lead agent for SEQRA purposes and authorized notification of all other involved agencies, and WHEREAS, on or about the 27th day of October, 1992, the Planning Board for the Town of Queensbury adopted a resolution stating as follows: Motion to recommend to the Town Board approval of the Petition for a Change of Zone of Mr. Charles R. Wood, for commercial to allow a restaurant, and WHEREAS, the Warren County Planning Board has reviewed the project and has consented to the Town Board of the Town of Queensbury being the lead agent for SEQRA review purposes, and has disapproved the project for reasons more specifically set forth in the Board's decision and minutes, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law ~265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Part I Long Environmental Assessment Form and a number of exhibits, and that as a result of previous notification of agencies ascertained to be involved in the project, there is no objection to the Town Board of the Town of Queensbury being lead agent for purposes of SEQRA review, and BE IT FURTHER, RESOLVED, as lead agent for the SEQRA review process, the Town Board of the Town of Queensbury hereby determines that it would be appropriate to wait until after the public hearing in this matter, prior to making any determination as to whether the project is appropriately granted a positive or negative declaration, as the Town Board feels that further information may come forth at the time of the public hearing, which would assist the Town Board in making a determination with regard to SEQRA, and the Town Board also notes that no action can be undertaken or commenced with regard to the project, until such time as the Town Board shall legislate a change of zone and that this cannot happen until after a public hearing, and therefore, setting and holding the public hearing prior to making the aforedescribed SEQRA determination would not seem to commit the Town to granting a permit or allowing the project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on January 18th, 1993, at 7:30 p.rn., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 28th day of December, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO REGULATIONS CONCERNING THE SUBDIVISION OF LAND IN THE TOWN OF QUEENSBURY (CHAPTER Al83 OF THE CODE OF THE TOWN OF QUEENSBURY) RESOLUTION NO. 695, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, there has been prepared and published a codification of laws, ordinances and regulations of the Town of Queensbury, and WHEREAS, the Subdivision Regulations of the Town of Queensbury are included in such codification as Chapter A813, and WHEREAS, the Planning Board for the Town of Queensbury, in accordance with Section 272 of the Town Law, has proposed an amendment to said regulations and has held a public hearing concerning the same, approved and adopted the amendments, subject to Town Board approval, and WHEREAS, the Town Board is desirous of approving the proposed amendment to the Subdivision Regulations and adopting the same as part of the Code of the Town of Queensbury, and WHEREAS, a Local Law Amending the Code to include the amendments to the Subdivision Regulations is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that it is hereby determined that the action about to be undertaken constitutes a Type II Action under the regulations promulgated by the New York State Department of Environmental Conservation under the State Environmental Quality Review Act in that the same relate to routine or continuing agency administration and it is hereby further determined that no further SEQRA review is necessary, and BE IT FURTHER, RESOLVED, that a public hearing shall be held on the proposed Local Law Amending the Code of the Town of Queensbury on January 11th, 1993, at 7:00 p.m., in the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, whereat all persons or parties interested shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk shall cause to be published in the official newspaper for the Town of Queensbury, a copy of the Notice of Public Hearing presented at this meeting. Duly adopted this 28th day of December, 1992, by the following vote: AYES Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES None ABSENT: Mrs. Goetz RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE QUEENSBURY CONSOLIDATED WATER DISTRICT AND THE PEGGY ANN WATER DISTRICT RESOLUTION NO.: 696, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has heretofore been created and established a water district known as the Peggy Ann Water District, and WHEREAS, the aforesaid water district did not and does not have an independent water supply, but rather, receives its water supply from the Queensbury Consolidated Water District, and WHEREAS, the Town Board of the Town of Queensbury is desirous of making sure that the Queensbury Consolidated Water District is properly compensated for use of the District Treatment Plant and Transmission Facilities, and WHEREAS, an agreement has been presented at this meeting, which agreement is designed to accomplish the foregoing desires and purposes of the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, as the Governing Board of both the Queensbury Consolidated Water District and Peggy Ann Water District, hereby approves and authorizes the agreement between the two districts and further provides that the cost of the agreement shall be paid for in the first instance, from quarterly water rents assessed against the residents of the District, together with an additional payment from the appropriate budgeted account within the Peggy Ann Water District. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 697, 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: ASSESSOR: FROM: TO: AMOUNT: 01-1355-1712 (Commercial Data Collector) Assistant) 01-1355-1080 (Tax Service $ 5,000.00 COMMUNITY DEVELOPMENT: FROM: TO: AMOUNT: 01-3410-1630 01-3410-1480 $ 4,179.97 (Fire Code Enforce- ment Office) (Deputy Fire Marshal) 01-8010-1920 (Zoning Administrator) 01-1810-1605 (Exec. Dir., Plan., B. & c., Zoning) $ 900.00 01-8010-1920 (Zoning Administrator) 01-1810-1605 (Exec. Dir., Plan., B. & c., Zoning) $ 950.00 01-8020-1620 (Sr. Planner) 01-8020-1610 (Planning Assistant) 1,110.00 01-8020-1620 (Sr. Planner) 01-8020-1910 (Sr. Typist, FT) 1,200.00 and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 698, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: General Fund - 01 TO: Cemetery Fund - 02 $ AMOUNT 3,500.00 and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1992 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with Section 9-A of the General Municipal Law. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 699, 92 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: ASSESSOR'S OFFICE: FROM: TO: AMOUNT: 01-1355-2010 (Office Equip.) 01-1355-4100 (Telephone Use) $50.00 TAX RECEIVER: FROM: TO: AMOUNT: 01-1330-4120 (Printing) 01-1330-4100 (Telephone Use) $ 191.00 and BE IT FURTHER, RESOLVED, that the 1992 Town Budget is hereby amended accordingly. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: Mrs. Goetz RESOLUTION AUTHORIZING SALARIES FOR ZONING BOARD OF APPEALS AND PLANNING BOARD MEMBERS RESOLUTION NO.: 700, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there has, heretofore, been created and established in the Town of Queensbury, a Zoning Board of Appeals and a Planning Board, and WHEREAS, each of the aforedescribed Boards has seven members, all of whom devote considerable time and effort to the benefit of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury hereby determines that it would be appropriate to partially compensate the aforesaid Board Members for the time and effort that they put into serving as Board Members, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that all Zoning Board of Appeals and Planning Board Members shall receive compensation in the amount of $25.00 per meeting attended, with such compensation not to exceed a total of $900.00 for any member during the year 1993, and BE IT FURTHER, RESOLVED, that payments to the Zoning Board of Appeals and Planning Board Members shall be paid for from the appropriate accounts and that the said Board Members shall be considered employees of the Town of Queensbury for payroll purposes, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to take such steps as may be necessary to appropriately indicate the intent and purposes of this resolution in the payroll records of the Town, and also to contact the Town's insurance carriers and workman's compensation carriers to advise of this resolution. Duly adopted this 28th day of December, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mrs. Goetz DISCUSSION - PYRAMID CONTRACT Attorney Dusek-Referred to the contract to sell property to Pyramid that the Town Board reviewed and approved May 18th, 1992 whereby the closing date was set for January 20th, 1993. Pyramid has written you a letter asking for an extension of time on the closing date. They would like to change the closing date for a period of one year, putting it off until 1994. Town Board held discussion, agreed not to extend contract and the following resolution was proposed: RESOLUTION REGARDING PYRAMID CONTRACT RESOLUTION NO. 701, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury and Pyramid Company of Glens Falls are under contract for the purchase and sale of a certain piece of property located off of Aviation Road in the Town of Queensbury, and WHEREAS, Aviation Mall has requested that the Town set an extension of time in which to close on the property to January 20th, 1994, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that they wish to close on the date that has been set in the contract and not extend that deadline date to the requested date. Duly adopted this 28th, day of December, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mr. Caimano, Mr. Brandt Noes: None Absent: Mrs. Goetz DISCUSSION - OVERTIME Councilman Monahan-I do want to state for the record that I have asked the Attorney since October to review our overtime practices to make sure that they are in compliance. Attorney Dusek-You have only ask me to review two. Councilman Monahan-Those are the ones that I'm doubting, yeah. Attorney Dusek-One of which was the director. That one, I have no questions especially in light of the fact that you've adopted the resolution and his position is consistent now with what it's always been. Councilman Monahan-But, I still wonder about his supervisory duties with Jim over him. Attorney Dusek-He still has supervisory duties. My opinion is on his is that he is not entitled to overtime. I base that opinion on the previous research that was done by Mr. Paltrowitz's firm especially now in light of the fact that the board has revised it's resolution rescinded that previous resolution on that position. The other position is still open in my mind as to which way that should go. OPEN FORUM Barbara Bennett -Questioned the Board on the subject matter of resolution number "f' that was passed. It was noted that this resolution has to do with Mr. David Hatin's position. Noted this resolution corrects his title to what it originally was and the pay scale to what it originally was. Mrs. Bennett-Questioned the Board about the coverage for renewal on Town insurance. Supervisor Brandt noted that they have renewed with Cool Insurance and Hartford Insurance with essentially the same coverage. Mrs. Bennett-Questioned the Board if the salaries for the Zoning Board and Planning Board is the salary structure in 1992 continued in 1993 or is there an increase. Supervisor Brandt-Noted the Board is opting to make it a payroll and that they will be earning the same amount. OPEN FORUM CLOSED RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 702, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S 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 three matters of personnel. Duly adopted this 28th day of December, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: Noes Absent: None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury