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1993-01-11 TOWN BOARD MEETING JANUARY 11, 1993 7:02 P.M. Mtg #3 Res No. 53-73 BOARD MEMBERS PRESENT MICHEL BRANDT -SUPERVISOR BETTY MONAHAN-COUNCILMAN SUSAN GOETZ-COUNCILMAN NICK CAIMANO-COUNCILMAN PLINEY TUCKER-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Jim Martin, Mike Shaw, Tim Brewer, Corrine Tarana PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN Supervisor Brandt called meeting to order ... first item on our agenda is a public hearing on a sewer variance connection. MIKE SHAW, Wastewater Superintendent-The first variance for sewer connection is for Nicholas Clemens Jr., owner of Taco Tom's now vacant, 71 Quaker Road. He has a letter attached which I believe all the Board members have a copy of. I guess he's looking for a variance, an extension of time because the building is now vacant and he is trying to do, in the process of selling it to another business. PUBLIC HEARING - SEWER VARIANCE CONNECTION/NICHOLAS CLEMENS, JR. NOTICE SHOWN 7:03 P.M. SUPERVISOR BRANDT-Is there anyone here to speak on that? Come on right up, we have a formal record so we need you on that record. NICHOLAS CLEMENS-The main thing I wanted on that was a just a little extra time. We're in the process of seeing about selling it, the property and right at the moment I don't know what the owner is going to do with it. So I'd prefer to have things ironed out closer and than know what to do because we're glad to get the sewer ... COUNCILMAN GOETZ-Have you talked to the potential purchaser about hooking up? MR. CLEMENS-Oh yes, because as I said, I will be paying for it but I want to get to know exactly the way he want's it before I do anything. I don't want to do it wrong. COUNCILMAN MONAHAN-Is the building empty now, Nick? MR. CLEMENS-Yes, it's the one on Quaker Road. SUPERVISOR BRANDT -Okay, any other questions? Is there anyone else here to speak on this matter? COUNCILMAN MONAHAN-Have you any idea when this sale might be finalized? MR. CLEMENS-No I haven't, to be honest with you, they're dragging their feet. But as soon as we get, as soon as I know what type of business will go in there definitely, then I can ask them point blank, how do you want it because I'm going to pay for it. SUPERVISOR BRANDT-Okay, if there's no other questions then I'm going to close the public hearing. PUBLIC HEARING CLOSED 7:05 P.M. Town Board held further discussion and the following resolution was proposed: RESOLUTION APPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MR. NICHOLAS CLEMENS, JR. RESOLUTION NO. 53, 93 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, 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., 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 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 previously indicated that: the present septic system is three years old, with grease traps; 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 January 11, 1993, 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, so long as it is completed by July 10th, 1993 or sooner if the property is sold or occupied, and BE IT FURTHER, RESOLVED, that the reasons the variance is granted are as follows: A hardship exists because the owner is in the process of selling and he needs to know who the tenants will be in order to know the needs of the tenants. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mrs. Goetz, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None PUBLIC HEARING - SEWER VARIANCE CONNECTION/LORETT A LANDRY NOTICE SHOWN 7:08 P.M. SUPERVISOR BRANDT-Is there anyone here to speak on that? Mike, you showed me a map of this property. Well first, I'm opening the public hearing so if anybody wants to speak on it, please come forward and talk to us about it. Assuming nobody is coming, then lets go through the map. MR. SHAW-Briefly I'll just explain this. This is 10 1/2 Patton Drive, Loretta Landry, asking for a variance from connection because of the cost of connection. Her parcel she has is landlocked. The piece of parcel, as this map indicates, I'll bring it up to you. SUPERVISOR BRANDT-Show the rest because I've seen the map and I've also seen the property. COUNCILMAN GOETZ-I've seen it. MR. SHAW -(Refers to map) This green parcel is her piece of parcel. As you can see this is Patton Drive, this is Everts and this was a proposed street at one time where the sewer line goes down through there, that's a swamp now. This is Sargaent, the connection point was here and the lateral is here. This piece here is owned by someone else okay, and this piece here is owned by Mr. DeLong. For them to connect this way, they would have to pump up to this main. Okay, this main is higher than her house. COUNCILMAN MONAHAN-How does she get in and out of there? COUNCILMAN GOETZ-It's a house behind a house. MR. SHAW-There is a driveway here now okay but this is owned by Mr. DeLong. Mr. Landry had contacted the owner of this parcel here and she wouldn't give them an easement but she wanted to sell the parcel to them for connection of the sewer. I don't know how much she wants for the parcel but it's very expensive, the connection here and she would have to pump up here, a grinder pump and a sewer tax. It's probably going to be $8,000.00 to connect that way. The system currently is operational. COUNCILMAN CAIMANO-It is? MR. SHAW-Yes. SUPERVISOR BRANDT-Yes, it's a mound system and it seems to be a good system, right? MR. SHAW-Yes. SUPERVISOR BRANDT-Okay, is there anyone else that wants to give us anymore input on this matter? Then I'm going to declare the public hearing closed. PUBLIC HEARING CLOSED 7:10 P.M. Town Board held further discussion and the following resolution was proposed: RESOLUTION APPROVING VARIANCE FROM REQUIRED SEWER CONNECTIONS FOR MS. LORETTA LANDRY RESOLUTION NO. 54, 93 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 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: 1) It is a land-locked parcel ofland with blacktopped driveway owned by adjacent neighbor; access by a right of way over a 2) Hooking up to the sewer district would require the driveway and replacing it with blacktop; excavating about 150' of 3) Since property is downgrade from the sewer line, it would be necessary to install a grinder pump; and WHEREAS, the applicant previously 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; 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 January 11, 1993, 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 permanent variance, so long as the existing system does not fail and in the event of failure, they have sixty days to hook up, and BE IT FURTHER, RESOLVED, that the reasons the variance is granted are as follows: The unusual circumstances of having a landlocked piece of property creates an unusual expense and currently in operation is a usable and workable system. secondly, that the system Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION AFTER VOTE: Councilman Goetz-Questioned Mr. Shaw whether he'll know if the system fails? Mr. Shaw-Stated that he'll notify Mr. Hatin, Director of Building and Codes, he'll be the first one to get the call and he can let me know. PUBLIC HEARING - PROPOSED LOCAL LAW, AMENDING THE CODE, SUBDIVISION REGULATIONS NOTICE SHOWN 7:14 P.M. SUPERVISOR BRANDT-I'm going to open the public comment on the proposed change in the law. Paul, do you want to go real quick through it? ATTORNEY DUSEK-Sure, actually it's a very minor change. It's kind of interesting now because we were codified why we were doing a couple of the steps that we are doing here. One is that the Planning Board has already approved this. Under law they have to hold a public hearing on a subdivision regulation change and they did and they adopted a resolution approving it. But anything they do is subject to Town Board approval and because it's part of the codification, I put it into the format of a local law so that you held another public hearing. So this is the second go around on this but a different Board. All the change here is just to change the number of copies of sketch plans that have to be submitted to the Planning Board at any given meeting. SUPERVISOR BRANDT-Okay, is there anyone that would like to comment on this proposed change? COUNCILMAN MONAHAN-I think you might mention, Mike, it's a reduction on the number of copies. SUPERVISOR BRANDT -Right. It's ten copies instead offourteen copies. Not all that big of deal but it's less paperwork we've got to handle too. Then I'll close the public hearing. PUBLIC HEARING CLOSED 7:15 P.M. RESOLUTION TO AMEND PLANNING BOARD SUBDIVISION REGULATIONS (CHAPTER A813 OF THE CODE OF THE TOWN OF QUEENSBURY) RESOLUTION NO. 55, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the Subdivision Regulations of the Code of the Town of Queensbury, copies of the proposed amendments to the Subdivision Regulations having been previously presented to the Town Board, and are presented at this meeting, and WHEREAS, the Planning Board of the Town of Queensbury held a public hearing concerning said proposed amendments, on December 22, 1992, whereat all parties in interest and citizens were heard and thereafter the Planning Board adopted said amendments, WHEREAS, ~272 of the Town Law of the State of New York provides that the adoption of amendments to the Subdivision Regulations of the Town of Queensbury is subject to the approval of the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the amendments to the Subdivision Regulations of the Code of the Town of Queensbury, and also approves the actions of the Planning Board of the Town of Queensbury in adopting said amendments to the Subdivision Regulations of the Code of the Town of Queensbury, and BE IT FURTHER, 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 A183, thereof, "Subdivision of Land," to be known as Local Law Number 3, 1993, 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 and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None LOCAL LAW NO. 3, 1993 A Local Law to amend the Code of the Town of Queensbury, Chapter A183, thereof, entitled "Subdivision of Land": BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter Al83 of the Code of the Town of Queensbury, Section AI83-6, Paragraph A, is hereby amended to read as follows: ~ AI83-6. Plan details and requirements. A. The applicant shall submit ten (10) copies of a sketch plan for a parcel of land which has not been clear-cut within five (5) years. Such subdivision sketch plan shall be prepared by a licensed professional engineer, a licensed professional land surveyor with properly executed New York State Education Department Exemption N3 or a licensed landscape architect. SECTION 2. Chapter Al83 of the Code of the Town of Queensbury, Section AI83-7, Paragraph A, is hereby amended to read as follows: ~ AI83-7. Submission and review procedures. A. Submission of sketch plan. Prior to any subdivision of land, the subdivider shall submit to the Planning Board, at least twenty-one (21) days prior to a meeting of the Board, ten (10) copies of a sketch plan and related elements and information in accordance with this Article. SECTION 3. Chapter Al83 of the Code of the Town of Queensbury, Section AI83-1O, Paragraph A(2), is hereby amended as follows: ~ AI83-1O. Submission and review procedures. A. Application. (2) The subdivider must submit to the Planning Board, at least twenty-one (21) days before the regularly scheduled Planning Board meeting, ten (10) copies of the preliminary plat application, including all drawings and reports. SECTION 4. Chapter Al83 of the Code of the Town of Queensbury, Section AI83-12, is hereby amended to read as follows: ~ AI83-12. Plat details and requirements. The Applicant is required to submit ten (10) copies of the final plat application. Such application shall include the following documents and/or information: SECTION 5. This Local Law shall take effect immediately. DISCUSSION/REVIEW OF PURCHASING PROCEDURES Attorney Dusek-Last year when you drafted your purchasing procedures one of the things I noted was that the General Municipal Law requires that you review your policy at least once a year. The law does not require that you do anything. You can simply say it's okay by resolution, vote and move on or you can make any revisions to it or you can say it's okay now and come back some other time and revise it. Your not bound for the year because you say okay now but at least it's on the record that you did in fact comply with that section of the law. There is one item that I would like to bring to the Board's attention which should be clarified and it's regarding professional services. The purchasing procedure is not clear on how professional services be handled and I'd like to recommend that whenever the Town goes for professional services that a request for proposals be used, that format. Town Board held discussion, agreed to Attorney Dusek's recommendation and the following sentence was proposed: The Town Board approval shall be based upon a review of Request for Proposals. Town Board agreed to add sentence at the end of section GENERAL RULES APPLICABLE TO PURCHASES. Councilman Tucker asked Town Clerk/Director of Purchasing Dougher if the system is working? Town Clerk Dougher-The system is working fine, I'm not aware of any problems. Councilman Goetz-Reviewed the diagram. RESOLUTION REGARDING TOWN PURCHASING PROCEDURES RESOLUTION NO. 56, 93 Mr. Nick Caimano MADE MOTION TO MOVE AS AMENDED THE TOWN PURCHASING PROCEDURES. SECONDED BY: Mr. Pliney Tucker Duly adopted this 11th day of January, 1993 by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None DISCUSSION/QUEENSBURY SR. AP ARTMENTS/EXTENSION OF F ARR LANE Attorney Dusek (Read letter addressed to Supervisor Brandt from Kurzon Architects) ... Dear Supervisor Brandt, as I am sure you are aware, we now anticipate that Queensbury Apartments will begin construction in the spring of 1993. You may also be aware that access to the project will be from an extension ofFarr Lane which will be constructed by the seller of the land, 1. Buckly Bryan. Technical plans for this road extension conforming to the Town standards have been approved, I believe, by the Town in conjunction with subdivision approval. As a condition to final approval of the project, U.S. Department ofHUD requires correspondence from the Town of Queensbury indicating that the Town will accept dedication of the Farr Lane extension. This is necessary since HUD regulations require that the project have street frontage on a public right of way. I would appreciate your preparing a brief letter to this effect addressed to Mr. Robert Rifenberick, HUD, 465 Main Street, Layfeyeete Court, Buffalo New York 14203, with a copy to me. Should you have any questions or comments, feel free to give me a call and thank you in advance for your earliest attention to this rather important matter. (letter on file) ... Attorney Dusek- When this first came to me, it was my opinion that this is something that should be adopted by Town Board resolution before the Supervisor can send out the letter but I was unclear as to exactly how to draft the resolution because I believe there was a question at one point as to who is going to do what up there. Part of Farr Lane it goes over a New York State parcel ofland that the Town acquired and the other part of the roadway, once it hits Mr. Bryan's property on, is another part of that road that has to be built. Councilman Monahan-Noted that the Town is committed to do that part over the New York State land in which the easement is to the Town and that it's a small piece. Supervisor Brandt-Is Mr. Naylor prepared to do that? Councilman Monahan-Yes. Councilman Tucker-Questioned the cost? Councilman Monahan-I can't give you a figure but it's really not that much. When we got the grant, this is something we agreed, we had to get the easement from New York State to extend that through the Civil Defense property there to where Buck Bryan's road would come and that was part of getting the grant. Supervisor Brandt-Why don't we make it subject to a letter from Paul Naylor, agreeing to do the work. Councilman Monahan-Yes and part of that will be that we'll be accepting the road that Buckly Bryan is putting in. Town Board held discussion and the following resolution was proposed: RESOLUTION REGARDING EXTENSION OF F ARR LANE RESOLUTION NO. 57, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan A MOTION that we ask the attorney to draft a letter for the Supervisor to sign, subject to a letter from Paul Naylor agreeing to do the work and part of that will be accepting the road that 1. Buckly Bryan is putting in. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION/ELECTION DISTRICTS/BOB ALLEN Bob Allen, Warren County Commissioner, Board of Elections spoke to the Town Board regarding proposed changes for election districts in the Town of Queensbury. Town Board held discussion and the following resolution was proposed: RESOLUTION REGARDING ELECTION DISTRICTS RESOLUTION NO. 58, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Michel Brandt Defer the changing of the election district's boundaries and adjusting the numbers of voters in each district and perhaps creating new districts to the Board of Elections with the understanding that although the Town Board time to do it expires on January 15th, the Board of Elections indicated they will in fact come back and show you the plan and talk about it. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION/AUDITING AND ACCOUNTING SERVICES/DONNA FARRAR Donna Farrar from Edwards, Williams, Mc Manus, Ricciardelli & Coffey, PC-Noted as the Town's independent auditors, our firm is sometimes called upon to do some extra work in consulting services or attending certain meetings or conferences at the request of the Supervisor, Department Heads or you as a Board and I would like to get a clear understanding from you the perimeters that we can operate under. In the past, we had an agreement with the previous Board that if we were asked to perform these extra services and they didn't run over $500.00 dollars, we didn't need approval ahead of time from the Town Board in the manner of a signed engagement letter, a contract or anything. Supervisor Brandt-This Board hasn't dealt with that policy, has not made a policy and I think there is some hesitancy until it's understood what our policy is. I think it's smart to make one so we all understand the ground rules. Councilman Monahan-Usually, even though we may not have given an official approval, we usually knew as a Board when they were getting called in for extra work. So we had a feel of what was going on in this Town and what some of the problems were. So we really were aware in the past that you were going to be called in for certain things. Some things have been happening now that the Board hasn't even been aware of until we get the bill and that's been our problem. We figure there's a lack of communication with this Board. Town Board held discussion, agreed that there should be a policy made and agreed to the figure of $500.00 cap without written approval. Supervisor Brandt noted further that he will do his best to keep the Town Board informed. RESOLUTIONS A RESOLUTION IN SUPPORT OF THE FORMATION OF AN ADIRONDACK ASSOCIATION OF TOWNS AND VILLAGES RESOLUTION NO. 59, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, a conference of Adirondack elected officials was held on December 12, 1992 at Newcomb, New York for the purpose of the formation of an Adirondack Association of Towns and Villages; and WHEREAS, the creation of an Adirondack Association of Towns and Villages will give Adirondack residents a regional forum for dealing with the variety of issues affecting municipalities within the Park and will establish a process which truly allows grassroots comment and input in drafting constructive recommendations on the issues facing Adirondack governments and its residents; and WHEREAS, the Adirondack Association of Towns and Villages will represent the interests of Adirondack residents on issues of land use and development, economic development, state mandates, education, transportation, communication, health services and other matters of regional concern; and WHEREAS, the local governments in the Adirondacks must be significantly involved in the process of planning for private land use and in identifying, addressing and monitoring the broad social and economic needs of the people of the Adirondacks; and WHEREAS, there is a vital need for an organization that can adequately and correctly express to other government officials, concerned citizens and groups, the consensus of Adirondack local governments on issues affecting the Adirondack Park and the people of the Adirondacks; now, therefore, be it RESOLVED, that the Town of Queensbury does hereby declare its support for the formation of the Adirondack Association of Towns and Villages and its commitment to work with the Association for the benefit of Adirondack residents. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1993 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 96, THEREOF, ENTITLED "GARBAGE, RUBBISH AND REFUSE" RESOLUTION NO. 60, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1993, A Local Law to amend the Code of the Town of Queensbury, Chapter 96, thereof, entitled "Garbage, Rubbish and Refuse," to add a new section providing for an exception to the restriction that solid waste disposed of at the Landfill be from within the Town or City of Glens Falls or under certain circumstances from outside the Town or City, but within the County, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 1st day of February, 1993, to consider said proposed Local and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1993 in the manner provided by law. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek reviewed each section of the proposed local law with the Town Board. After some discussion, the Town Board agreed that construction and demolition debris, wherever it appears in the local law, was to be changed to read construction and demolition debris as allowed under DEC regulations. Councilman Monahan questioned a change for Rolite. Attorney Dusek noted the DEC letter that the Town Board recently authorized, Rolite was to be capitalized. RESOLUTION TO CONDUCT SHAMROCK SHUFFLE 5 MILE ROAD RACE RESOLUTION NO. 61, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Adirondack Runner Club has requested permission to conduct a SHAMROCK SHUFFLE 5-MILE ROAD RACE as follows: SPONSOR: The Adirondack Runners Club EVENT: SHAMROCK SHUFFLE 5-MILE ROAD RACE DATE: March 21, 1993 PLACE: Beginning and ending at Glens Falls High School (Letter on file regarding location of run) NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance, from the Adirondack Runners Club to hold the Shamrock Shuffle 5 Mile Road Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that this be subject to the approval of the Queensbury Highway Superintendent. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None RESOLUTION AMENDING RESOLUTION NO. 672,92 CONCERNING CLOSING OF CERTAIN CAPITAL PROJECT FUND RESOLUTION NO. 62, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury adopted resolution no. 672, 92, which provided that Fund #81 - Ridge Road Recreation Project was to be closed and the fund balance (approximately $17.294.00) was retumed to Fund #61 (Recreation Assessment Reserve Fund), and WHEREAS, the Town Supervisor has requested that records would indicate that the $17,294.00 in Fund #81, was part of funds originally transferred from the General Fund #01, and so the money should have been retumed to the General Fund #01, rather than to Fund #61, and WHEREAS, the Town Board of the Town of Queensbury acknowledges that the transfer has not yet occurred, and the Town Board desires to amend resolution no. 672, 92, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no. 672, 92, such that upon the closing of Fund #81 - Ridge Road Recreation Project - the fund balance in the approximate amount of $17,294.00 in said Fund #81 should be retumed to the General Fund #01, rather than to Fund #61. Duly adopted this 7th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR STANLEY A. JUCKETT TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 63, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano 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 must first go to the Planning Department and 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 Board for the Town of Queensbury for report and recommendation: STANLEY A. JUCKETT - Tax Map No.: 109-1-6, 369 Ridge 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 that the Zoning Administrator's Office notify any other involved agencies of this. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION/PROPOSED RESOLUTION-PETITION FOR CHANGE OF ZONE Town Board had before them a proposed resolution to submit Petition for Change of Zone for Robert and Carolyn Martindale to the Planning Board and the following discussion was held: Jim Martin, Executive Director-The applicant was in our office to see what might be done with the situation of their property on Route 149, the petition for a zone change was discussed and I indicated at the time and I also talked to Paul Dusek about it, there might be an issue of spot zoning. This situation which seems to be cropping up time and again, not just this particular applicant but all up and down the corridor, that the zoning does not seem to be fitting the needs of the people who live on that road. I feel personally the long range solution to Route 149, on a course of two or three months hopefully, a study of the road corridor by the Planning Department surveying the needs, what would work best to meet the needs of the people and then write a district that would fit their needs better. We see a number of situations and your going to have a petition before you next week. Supervisor Brandt-Mrs. Edwards? Mr. Martin-Yes. Supervisor Brandt-I'd like to bring that one up to the Board because she sent in a petition for the exact same type of thing and it hit us, I guess the day Mr. Parisi left us. I think I said in comments that I didn't want to handle that right now and then it got permanently lost which is really just an oversight. I certainly want to get it back in the process. In fact I don't have a problem with putting it right back in, referring it to you people and that would come under the same overlook of the corridor. Councilman Monahan-I'd like to see these go to the Planning Department rather than the Planning Board and let them work on this with the new zone that we're talking about because we're going to shoot that zone if we just take these parcel by parcel. Mr. Martin-The other issue that I'd like to take care of just to fully disclose my position, is go to the Advisory Council. I'm a property owner on the road and I want to fully disclose that to see whether there are any ethical violations that they may forsee. If there is, I will back out of the process and leave it to Scott and Arlene. If not, I can be involved. But I'll look to them for direction. Councilman Caimano-Are you saying we should put these aside? Mr. Martin-I'm not saying you should put them aside, I offer that as a solution. Councilman Monahan-I don't think these should go to the Planning Board yet because they only have the zones we have there now to work with and highway commercial is going to devastate that road. Councilman Tucker-How much time are we looking at to do what your talking about? Mr. Martin-I would say a couple of months, if we can get right into it and concentrate on it, we can have some results of a study of that area to you in terms of a report, along the lines of a comprehensive plan outline. Councilman Monahan-I'd like to see you contact the people there with some kind of a survey. Mr. Martin-Yes, I'd like to mail a survey to all those properties. Councilman Caimano-My only problem with that is by the time you finish doing all of that, we have to go to public hearing, change the zone, we're noW into what? Councilman Monahan-Maybe three months. Supervisor Brandt-At least. Councilman Goetz-But it's better than spot zoning. Councilman Caimano-I agree with that. I think that we should not be sending these things to the Planning Board when we're going to change everything but I think we should let them do this with the notification that it's got to be done quickly because there are people whose livelihood's depend on this. Councilman Monahan-Yes, I agree with you. I think we should tell Jim and his department that we want this to be a priority. Mr. Martin-My suggestion is, getting out of the box here on updating the Master Plan and this be the section of the Town we start with first. Councilman Caimano-Fine. Councilman Tucker-Some of these things have been bouncing around here a long time and we've got to get it straightened out for these people. Mr. Martin-It becomes a point in which the property owners aren't happy with the current situation and we're seeing it up and down the road. Supervisor Brandt-Then what the Board is saying, they want to send it to the Planning Department and then you'll come back to us? Mr. Martin-I would come back next with an actual outline of our approach, run it by and then get on with it. We can be back with that in a couple of weeks. Supervisor Brandt-I think we all want to move it, certainly the Martindales have been here for a year plus talking to us about it and there are probably many other folks. Mr. Martin-I can name half a dozen. Councilman Monahan-And more will come in. Carol Martindale-My son and I spoke to Jim in his office this year and Jim indicated to us that if he started making a corridor study, it could take up to two years and we don't want to wait two years. Councilman Monahan-That's why we're telling him to expedite it. Mrs. Martindale-It's not spot zoning. It's not just twenty acres. We've got five people, it's a large area of land and it's well over a hundred acres. It's not spot zoning. Councilman Caimano-Well it is in this sense, each of these are handled individually, instead of doing the job right and that is changing the whole area. Now, he may have said two years before but what we're saying here is, we're going to make it a high priority. I promise you this, if nothing is happening within two months and I mean nothing is happening, we can always go back to square one, that's an easy thing to do. It just seems silly for us to be talking about you and you and you and you when we really should be talking about changing the entire area. Mrs. Martindale-But that could hinder us from doing things that we want to do this year. Councilman Caimano- Y ou just heard what I said here, we don't want to do that. We don't want to hinder you or anybody else from making a living. But we do want to do this job right if we can. Councilman Monahan-What we need to do is look at the whole area, make sure everybody is getting treated fairly and do the job correctly and do it right for everybody at once. I think the resources Jim has in his department now with the fact that alot of other work has slacked off now, they can get going on this pretty fast. Mr. Martin-Yes. Supervisor Brandt-What we're saying is, we're making a commitment to move it but we do want to look at the corridor as a whole. So it's the consensus of the Board to send this to the Planning Department and to come back to us as soon as possible. Councilman Caimano-We need to have some time limits on this. Councilman Monahan-I think we told them, two months. Mr. Martin-I will have results to you within two months. Supervisor Brandt-Okay and can we include with this the Edwards application? Mr. Martin-Yes. RESOLUTION AUTHORIZING TOWN ATTORNEY TO RETAIN THE SERVICES OF HINMAN, STRAUB, PIGORS & MANNING, P.C. RESOLUTION NO. 64, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to retain the services of Hinman, Straub, Pigors & Manning, P.c., as special counsel to the Town Attorney regarding legal questions on arbitrage, and BE IT FURTHER, RESOLVED, that the cost of said services shall come from the Town Attorney Miscellaneous Contractual Account NO.001-1420-4400. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO. 65, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Browns Path, offered for dedication by Valente Builders Inc., and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which required environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek reviewed with the Board part II of the EAF and the following changes were made and agreed to by the Town Board: Page 7, question #5 Will proposed Action affect surface or groundwater quality or quantity? YES Proposed Action will adversely affect groundwater. I-SMALL TO MODERATE IMPACT & 3-YES IMP ACT CAN BE MITIGATED BY PROJECT CHANGE Proposed Action is incompatible with existing drainage patters. I-SMALL TO MODERATE IMPACT & 3-YES IMPACT CAN BE MITIGATED BY PROJECT CHANGE RESOLUTION ACCEPTING DEDICATION OF BROWN'S PATH IN THE MAPLE ROW FARMS SUBDIVISION RESOLUTION NO. 66, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, Valente Builder's Inc., has offered a deed to dedicate to the Town of Queensbury Browns Path, which is more particularly described in the survey map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has reviewed inspection reports concerning the construction of and specifications of the said road proposed to be dedicated to the Town of Queensbury and he finds the same, in their current condition, to meet the appropriate Town of Queensbury specifications, with the exception of application of the final black-top surface, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said road proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the road offered for dedication, as well as the affidavit promising to complete the road, and Letter of Credit, have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued a Negative Declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed for dedication of the said road be and the same is hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office, after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Letter of Credit in the amount of $32,000.00 and Affidavit wherein the developer promises to complete the road by December 1st, 1993 be accepted, and BE IT FURTHER, RESOLVED, that the Town Clerk retain and file said Letter of Credit and Affidavit, and that the road be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: #489 Description: Beginning at Country Club Road continuing easterly and ending at cui de sac Name: BROWNS PATH Feet: 1715' Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Councilman Tucker-Questioned Attorney Dusek whether there are different methods available to the Town rather than accepting letters of credit? Attorney Dusek-Noted there are other methods available but at the moment this is what is allowed under our regulations so we have to allow it until the regulations are changed. Town Board held discussion and agreed that they would like to discontinue letters of credit and reflect that change in the regulations. RESOLUTION AUTHORIZING PUBLIC EMPLOYEE BOND AT EXPENSE OF TOWN RESOLUTION NO. 67, 93 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, by previous resolution, the Town Board of the Town of Queensbury has determined to provide Public Employee Bonds, pursuant to ~25 of the Town Law of the State of New York, for employees of the Town, and more specifically, certain Public Employee Bonds with excess for certain employees of the Town, WHEREAS, the Town Board of the Town of Queensbury is desirous of amending said resolution to also include the Deputy Town Supervisor as an employee with an excess limit of indemnity of $100,000.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized to contact the insurance agent for the Town and make the arrangements necessary to add a Deputy Town Supervisor to the list of employees for which a Public Employee Bond is authorized, and execute any documents on behalf of the Town that may be necessary to effectuate the authorization granted in this resolution, and BE IT FURTHER, RESOLVED, that the expense of such bonds shall be paid for from the appropriate insurance account from the General Fund of the Town of Queensbury. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT: None RESOLUTION ACCEPTING REVISED DEED FOR DEDICATION OF ROADS AND DRAINAGE EASEMENT IN THE HERALD SQUARE PHASE II SUBDIVISION RESOLUTION NO. 68, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, on or about the 23rd day of November, 1992, the Town Board of the Town of Queensbury accepted, by Resolution No. 631, dedication of certain roads in the Herald Square Phase II Subdivision, and WHEREAS, since the time of the dedication, the Deed has been changed to include some additional language relative to the Easement, and the purpose of this Resolution is to acknowledge that the Deed has been changed, as it was originally presented to the Board, and, as changed, is still acceptable to the Town Board of the Town of Queensbury, and to indicate that the Town Supervisor is authorized to execute and sign all papers necessary in connection with the filing and recording of said road for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that, under the circumstances, the action about to be undertaken by this Resolution constitutes a Type II action under the State Environmental Quality Review Act, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Deed presented at this meeting and hereby authorizes the Town Supervisor and Town Attorney to arrange for the execution of any papers that may be necessary in connection with the filing of said Deed and further authorizes the Town Clerk to place the Town seal on any papers that may be necessary and to take all action to note any records accordingly that this new Deed has now been substituted for the previously offered Deed. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Attorney Dusek-The Board already accepted this deed but I noted that there was a problem I felt uncomfortable with on the easement. I wanted it clearly understood in the deed that Mr. Naylor had the right, if you look at the very last page, this is what was added, together with the right to travel thereon by foot or machinery or other vehicle in order to improve, maintain, construct or reconstruct. RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO. 69, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano Discussion was held, questioned whether it was 1992 or 1993 funds and it was agreed to hold for further documentation. MOTION WITHDRAWN: Mr. Michel Brandt SECONDED BY: Mr. Nick Caimano RESOLUTION RESOLVING KENNETH ERMIGER PROPERTY MATTER RESOLUTION NO. 69, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED IT'S ADOPTION SECONDED BY: Mrs. Susan Goetz Discussion was held, questioned whether payment for cost in securing the unsafe structure had been received and it was agreed to hold pending verification of payment. MOTION WITHDRAWN: Mr. Pliney Tucker SECONDED BY: Mrs. Susan Goetz RESOLUTION REGARDING OFFICE SPECIALIST POSITION RESOLUTION NO. 69, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury, by previous Resolution No. 448, of 1992, authorized a substantial reorganization of the Planning, Zoning and Building & Codes Department, and WHEREAS, as part of the Resolution, the Town Board authorized a single position of Office Specialist that would report directly to the Executive Director of Planning, Zoning and Building & Codes, and it was the Town Board's understanding as a result of discussions had with the then Executive Director that the duties and responsibilities of the position would include a much broader range of responsibilities for the position than are currently required by the present Executive Director, and WHEREAS, since the time of the reorganization, a new Executive Director has been appointed by the Town Board and the new Executive Director has had an opportunity to evaluate the Department as reorganized and has also had an opportunity to evaluate the duties and responsibilities of the Office Specialist, as well as one of the Senior Typists employed in that Department, and has advised the Town Board, by way of separate report presented at this meeting, that the duties and responsibilities originally contemplated of the Office Specialist are not going to be undertaken but, rather, something of a reduced nature, and likewise, one Senior Typist position has been reevaluated based upon duties and responsibilities of that position and it is felt that the position has become or is now more closely identified as the revised Office Specialist position, and WHEREAS, the Town Board of the Town of Queensbury is desirous of further reorganizing the Planning, Zoning, and Building & Codes Department in accordance with recommendations made by the Executive Director, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that it would be appropriate to adopt the new job description for Office Specialist at a salary level commencing 1993 at $22,050.00, to be paid for from the appropriate payroll account of the Planning Department as more fully set forth herein, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the previously contemplated Office Specialist position should hereby be abolished and that the person occupying said position, provisionally, is hereby appointed to one of the new Office Specialist positions, effective immediately, and the person occupying the one Senior Typist position referred to in the preambles hereof is hereby appointed, provisionally, to the new position of Office Specialist created by this Resolution, and the position of Senior Typist referred to herein is hereby abolished, and BE IT FURTHER, RESOLVED, that the creation and abolition of the positions as set forth in this Resolution shall be subject to approval by Warren County Civil Service and the Town Supervisor and Executive Director are hereby authorized to complete whatever forms may be necessary for Civil Service purposes to complete the reorganization authorized hereunder and also to begin the process to allow the persons provisionally appointed to the positions to acquire permanent status, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby amends the 1993 budget of the Planning & Zoning Offices to establish two payroll lines of Office Specialist and to fund the same from a transfer from the current Office Specialist line and current Senior Typist line and, further, to provide funding for the same by a transfer from the Town General Contingency Fund in the amount of $1,000.00. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Martin, Executive Director-This has to do with the Office Specialist Position that was created last August in the infamous resolution 448. That position has changed substantially since I think, what was envisioned for it, and I reviewed also, the minutes of the August 17th meeting a week prior to that resolution, where Mr. Parisi presented his organizational chart and talked to the Board about what he envisioned for that position. The position back then was essentially, it was like second in command and was to distribute the mandates of the Executive Director so to speak, that were to be enumerated in a memo every day. And that just plain isn't happening and I don't ever forsee that happening. I think there was a concern expressed by Nick that that could be viewed as insulating the Executive Director from the public and I agree, and that's just not the way I operate. The two positions in fact, are something beyond a Senior Typist, because the girls that we're talking about here do a great deal of work in terms of the planning, zoning, and processing the applications and they do go above and beyond just a Clerk or a Typist. And I think we talked about this a little bit at budget time. So, what we tried to do, or what I've tried to do, is develop a job description that actually reflects what they do and give them credit for it. And that's what the new positions are now, that you have before you, and it would be in line with the amount that was appropriated in the budget for these positions. Councilman Monahan-Now, Jim, I noticed in your memo of January 11th, you're recommending a salary that is different than the one that we have in the resolution. Attorney Dusek-Not really. What it is is that the salary Jim is referring to if you'll notice is what he feels it would have been in 1992, had it been in effect then. In 1993 it is $22,050, and if you take 5% which is the across the board raise. Councilman Monahan-Okay. Alright. Attorney Dusek-It's 5% that the Union people, as part of the Union contract, it fits right into the formula. The only thing I will say though is that when you see that one figure of $22,050, that is the bear figure, without any longevity added. Supervisor Brandt-And I think the rest of the picture is that when you bring in the increments, it means that you will have to transfer $1,000.00 into that Fund to cover it, and we can prepare that at a Board Meeting commg soon. Attorney Dusek-That resolution is added as part of this last "Resolved" clause. Councilman Monahan-See, I'm not sure if we've been giving those people increments or not. Some people, I'm not sure, Union people get it, but I'm not sure the other people have been getting it. When we set salaries this year, we didn't look at increments for anybody. Supervisor Brandt-This is studied. And Paul, you looked at that right, with Jim? Mr. Martin-This is viewed as a union position. Attorney Dusek-Yes, as far as I know, these two positions are Union and based on that, it's my opinion that they are entitled to their longevity. Councilman Monahan-Alright, so these are to be union positions. Attorney Dusek-Yes. Supervisor Brandt-Okay, any other discussion? Councilman Monahan-And also Civil Service? Attorney Dusek-Yes. Supervisor Brandt-Please vote. DISCUSSION/ICE Supervisor Brandt-Noted that he received a phone call in which the resident expressed concern regarding black ice on Glen Lake and would like us to make people aware of the possible danger. It was also suggested to me today to post no skating at Hovey Pond. Town Board held discussion and the following resolution was proposed: RESOLUTION AUTHORIZING POSTING AT HOVEY POND RESOLUTION NO. 70, 93 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 authorizes the Department of Parks and Recreation to post Hovey Pond with adequate signage indicating that there will be No Skating. Duly adopted this 11th day of January, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION/PROPOSED SEWER DISTRICTS Town Board held discussion regarding proposed sewer districts, North Queensbury and County Line. DISCUSSION/PROPOSED CONTRACT - CONSOLIDATED LANDFILL Attorney Dusek referred to proposed contract with other municipalities, a modification to the consolidated landfill contract which he submitted to the Town Board for their review at the last meeting. Attorney Dusek briefed the Town Board each section of the proposed contract. Supervisor Brandt recommended putting this off, continue with rest of meeting, then come back to it and resolve it with some sort of conclusion. DISCUSSION/SEWER CONNECTION VIOLATIONS Attorney Dusek referred to sewer regulations, Part III of the sewer regulations which deals with connection and it provides that you have two options to treat an offense. If they don't hook up it's considered an offense and you can either one, suit in civil court for a $500.00 penalty or you can bring them to Justice Court and suit them as a violation. The punishment there would be by a fine not more than $250.00 or by imprisonment for a term not exceeding fifteen days or both. It states for jurisdictional purposes, it's treated as a misdemeanor. Councilman Monahan questioned whether it was $250.00 per day or accumulative? Attorney Dusek noted, each and every day of such violation shall be deemed a separate and distinct violation so it's $250.00 per day. Town Board held discussion, agreed that it should be done through Justice Court and the following resolution was proposed: RESOLUTION AUTHORIZING WARNING LETTER RESOLUTION NO. 71, 93 INTRODUCED BY: Mrs. Susan Goetz WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Nick Caimano A Resolution which authorizes first of all a waming letter to be done by Mike Shaw indicating that the Town Board has authorized him to take anybody who has not connected up and who is not under a variance or waiver to Justice Court for purposes of requesting that they be found in violation of the ordinance and fined as the court may deem appropriate. The Town Board notes that if a reply in writing is not received from those who have not complied, stating definite plans for hookup, that in thirty days from the date of the warning letter Mr. Shaw is to start Court proceedings. Duly adopted this 11th day ofJanuary, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: None DISCUSSION/DEPUTY SUPERVISOR'S 1992 SALARY Councilman Tucker-I'd like to get this situation straightened out over the money that was given to the Library, that we had so much publicity in the paper about here this last week. Councilman Goetz-Nick, you had the concerns. Do you see a way of handling it? Councilman Caimano-Sure, introduce a resolution to change what we did. The thing was set up by a resolution, my only concern is the fact that the resolution changed the contract. It's all after the fact now, I don't know what to do about that. But the simple thing is just to make a resolution to suspend our resolution or change our resolution, it seems to me. Councilman Monahan-I don't think you should be changing the contract, I think we should go through with the contract and take Pliney's money from some place else. I mean, you know, that contract should be paid in full. Councilman Caimano-It's probably the easiest way to do it but Paul, you tell us. Supervisor Brandt-I have a problem with, I mean really what we did was to set up a mechanism so that your pay could go to the Library and I think we did that in good faith. I don't think we necessarily, this Board didn't design the mechanism, our staff designed the mechanism for us. Okay, under certain circumstances it didn't come out quite exactly as we all forsaw in the beginning but to me, I think we did properly what we set out to do. If the paperwork isn't correct, then let's correct the paperwork. Councilman Caimano-We changed, well it's up to you Paul but we changed the contract, that's what we did. Attorney Dusek-Well that's what I'm trying to, as I think back and that's what happens unfortunately, at the time you do the best that you can and obviously, when you refer to staff, I drafted it and I put it together for you but I certainly didn't envision that this event would enfold. I think, there is a contract, so it seems to me first of all, if you want to fulfill that contract and you probably should, that you would just authorize funding from some source to fulfill that contract. That's one step. The other step would be, I'm not sure. I guess I don't know how to take care of that because basically we had more money paid out for the Deputy Supervisor's position than anticipated. That's really what it boils down to. Supervisor Brandt-That's easy, actually the money has been transferred, it's there, you can pay it. If you go and try to change the contract, it costs you more in legal fees ten times over than what it will to pay the hundred and some dollars. Attorney Dusek-Well, that's what I'm saying, you can by resolution just authorize the funding for that contract. Councilman Caimano-Right. Councilman Monahan-Yes. Supervisor Brandt-That's a question of the Board, of what they want to do. I think the intention of the Board in the beginning was to accommodate Nick in making a donation but you know it changes it a little bit. What's the will, what do you want to do? Councilman Tucker-Well I know that we had conversations at the time that it happened and we talked about prorating and the danm thing got lost in staff, I guess. Councilman Monahan-We had made the commitment in a contract, I mean once you sign a contract, you don't start changing ... Councilman Caimano-Right, let's just make a resolution to pay the money from another fund, it's only $150.00 and call it done, just as long as we correct what we did. Supervisor Brandt-Okay, but also understand it's knitpicking. You know, we made the resolution to accommodate your desires. Now, you want to come and stuff it to us in the newspaper and say that, because we did it in a certain way, that we did it wrong. By God, we didn't do it wrong. If the staff did it wrong, too bad. But the intent of this Board was very clear, I think we handled it correctly and I think if your asking us to clean it up by adding additional monies to the contract or paying that from the public fund to the Library, fine, so be it. But this is the form to do it and I'm not opposed to that. I'm offended a little bit when I read about it in the paper, the way it was written. Councilman Caimano-Well we can all be offended by certain things. I'm offended that we did something incorrectly, that's all. I don't care how, what anybody else does with their money, all I care about is that we do it right and that's the end of it. Attorney Dusek - W ell let me, one thing I just, I guess I feel like I have to defend one thing. When you say it was done wrong, it wasn't done wrong in the beginning. There were options as to how we could structure it and it was structured in the contract form and then changing the pay scale or it could have been structured differently with a donation. That part I don't think was wrong. Councilman Caimano-No, no. Attorney Dusek-What I'm saying is that it could have been structured in different ways and maybe I didn't forsee all the possibilities but we structured it properly. Councilman Caimano- The only thing I'm saying was wrong was that we created something by a board resolution, then we should uncreate it by a Board resolution. That's the only thing I'm saying and I'd be glad to vote for that. Councilman Tucker-I'm going to speak for Pliney Tucker, Nick. If you had come to the Board and said this without going to the newspaper with this thing, it would have got done, over and done with. Councilman Caimano-Well there's another answer to that but the whole thing is said and done, it's done. Councilman Goetz-But I hope in the future that you will bring it to, anything that comes up instead of reading about in the newspaper because we didn't even have a chance to deal with it. Councilman Caimano-But it was dealt with, without even talking to me. Councilman Monahan-Yes. Councilman Goetz-What do you mean? Councilman Caimano-By a resolution created something and then it was undone without a resolution, without saying it was going to be done. Councilman Goetz-But why didn't you come to the Town Board and talk about it, instead of running to the newspaper? Councilman Caimano-I suppose for the same reason that you didn't come to me and tell me. So let's say it's over and done with. Councilman Monahan-Paul, I'm trying to think of all the resolutions we passed pertaining it. One was that we increase the contract of Crandall Library by that sum. Did we also by resolution reduce the Deputy Supervisor's pay to a dollar? Attorney Dusek - I think we did. Councilman Caimano- Yes. Councilman Monahan-So now we've got to do another resolution putting the Deputy Supervisor's pay back to whatever Pliney's share is. Supervisor Brandt-To what the original budget was, $1,000.00 a year. Councilman Monahan-Well no, you're not going to do that, that isn't going to make it right. Councilman Caimano-No, just the end of the year. He's already in there for that. Attorney Dusek-I think that the proper resolution would be just to resolve to pay the new position that amount of money. Councilman Monahan-The proportionate share which is a certain amount of money and that amount ought to go right in there now. Not a thousand but that amount that Pliney is going to get. Attorney Dusek-Right, if you do that as a resolution and then resolve to pay the contract out of whatever funds that you feel appropriate, I think that will clear it up. Councilman Monahan-Yes, because right now that budget has been changed for only a dollar being in there for Deputy Supervisor so that's got to be another change that has to be done correctly, it would have to be done on 92 funds. Supervisor Brandt-Do you want to move that? Councilman Caimano-Go ahead. Councilman Monahan-Should we give Paul between now and next Monday, the chance to look this over to make sure we're doing it correctly? Councilman Tucker-Yea, I'd like to see it in black and white, please. Councilman Monahan-It's going to be done effecting your 1992 budget so we want to make sure it's done correctly before we close off that budget year. Supervisor Brandt-Okay. DISCUSSION/COMPUTER HARDWARE Councilman Goetz-Referred to EJ Christensen's memo regarding the computer hardware resolution and questioned the status? Attorney Dusek-Noted that he's employing a professional service, a contract is needed and I'll have that prepared for next week's Board Meeting. OPEN FORUM 9: 15 P.M. Corrine Tarana-I'd like to make a statement. I feel like because of what happened with that contribution to Crandall Library, that if a Board member wants to make a contribution of their salary, that they should accept their salary and make the contribution with their own personal money. And not get the Town involved because what it looks like to me now is, the way I would interpret that, whatever Nick got paid should have gone to Crandall Library and the difference now is a contribution of the Town to Crandall Library. As a resident I object to that, to the Town making a contribution to Crandall Library. Councilman Caimano-I suppose in hindsight, that's probably the best way to do it. Supervisor Brandt-That's right, I agree. It's a small amount and I'd like to clean it up and get it behind us but it's adding public monies that weren't done through the budgeting process. OPEN FORUM CLOSED (five minute recess) Supervisor Brandt submitted to Town Clerk Dougher a letter addressed to the Queensbury Ethics Advisory Council to be made as part of the record. (letter on file) Thank you for issuing an opinion regarding a potential conflict of interest between myself and the Hudson Pointe Development Project. I believe your analysis is correct and so long as the project includes a piece of land which abuts our properties on West Mountain I will abstain from voting or further discussing any issues concerning the Hudson Pointe Development project. Sincerely, Michel R. Brandt, Supervisor CONTINUED DISCUSSION/PROPOSED CONTRACT - CONSOLIDATED LANDFILL Attorney Dusek read through proposed contract, section by section, discussion was held and the following changes were proposed and agreed to by the Town Board. Specify throughout Contract the following changes: 1. Construction & Demolition Material, AS ALLOWED UNDER DEC REGULATIONS 2. the word Rolite to be capitalized, ROLITE 3. Change Building Materials to read ALL CONSTRUCTION & DEMOLITION WASTE AS ALLOWED UNDER DEC REGULATIONS 4. Under C&D Waste, include stumps and brush if okayed by the Landfill Superintendent Jim Coughlin 5. Ash ONLY from Adirondack Resource Recovery Facility WHICH WILL BE SUBSEQUENTLY PROCESSED INTO ROLITE 6. Delete Clause 6 completely Supervisor Brandt requested that Jim Coughlin, Landfill Superintendent review proposed contract and give input. Councilman Monahan recommended that there be a surcharge added. I'm concerned that if we don't raise enough money to close that landfill, the taxpayers in this Town are going to have pay and the taxpayers of the other Town, just like Glens Falls is going to get off scott-free. Supervisor Brandt - I agree with you Betty but if you want to move stuff in there, than you've got to bring your charges down to get more quantity ... Town Board held discussion and Supervisor Brandt recommended not to have language in there that puts a surcharge on it, leave the cost the same as what we set for ourselves and then we can pick a cost or we can pick a charge rate that fits the broadest part of the market. Attorney Dusek-I'll redraft the contract with these changes and bring back for your review. DISCUSSION/PROPOSED LOCAL LAW Attorney Dusek -Noted, in light of some of the comments we made, I think I should check the proposed local law to make sure I didn't make some of the same errors. Town Board held discussion and the following resolution was proposed: RESOLUTION AUTHORIZING CHANGE TO PROPOSED LOCAL LAW RESOLUTION NO. 72, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board authorizes a change be made to a proposed local law set forth for public hearing earlier this evening concerning chapter 96, such that any references to Warren Washington Resource Recovery Facility are now Adirondack and such that the language in paragraph A, indicating the type of waste accepted from the Adirondack Resource Recovery Facility ash which will be subsequently processed into ROLITE. Duly adopted this 11th day ofJanuary, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 73, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enter Executive Session to discuss a labor matter and a matter of litigation. Duly adopted this 11th day of January, 1993, 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