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1982-05-11 9 TOWN BOARD MEETING MAY 11; 1982 TOWN BOARD MEMBERS: Mrs. Frances Walter-Supervisor Mr. Daniel OZson-CounciZman Dr. Charles Eisenhart-Councilman Mr. Daniel MorreZZ-CouneiZman Mrs. Betty Monahan-CouneiZman Mr. Joseph Brennan-Town Counsel PRESS: WWSC, G. F. Post Star GUESTS: Mr. Batchelder Mr. & Mrs . Jones Mr. Nolan Mr. Fischer Mr. Adamson 'OWN OFFICIALS: Mr. Bodenweiser, Mr. Lynn, Mr. Dean, Mr. VanDusen Mr. Missita Pledge of Allegiance Zed by Supervisor Walter Meeting Opened 7:35 P.M. PUBLIC HEARING-COLONIAL CABLEVISION-NOTICE SHOWN 7: 35 P. M. Supervisor WaZter-this is a request by Colonial Cablevision to increase their basic rate from $8. 25 to $8. 75, . 50¢ increase— introduced Mr. 'Nolan Mr. Nolan-President of Colonial Cablevision-spoke to the Town Board in regard to various changes being made since the Zast increase in 1981: Completed a portion of Glen Lake, extensive work on the West Mountain Road Area. . . three areas of concern a. Courthouse estates bad digging area will be in there this summer b . Bedford Close c. Southwest corner of Glen Lake one major item is Ridge Road to KattskiZZ Bay and PZot Knob Area (Ztr read) from Niagara Mohawk noted construction schedule will not permit work to start before December, this would be impossible for the Cable Co., noted that f he is working on this problem with Niagara Mohaaok. . . Zisted the increased costs that are faced by the Cable Co. Councilman Eisenhart- How have you made out in the other communities? Mr. Nolan- I have been to four communities, one immediately voted it in the others said they would take it under advisement.. . Councilman Eisenhart- At That point does the charge start to Zoseo you customers? Mr. Nolan-I do not know. . .not4d for the increased costs there will be some changes, we will rearrange the basic package of channels two to twelve. Move HBO to free channel two, make channel thirteen available and freeing up the OTB Channel. . . lobking at MTV, a music ehanneZ,soft rock and country western, also cable news network 24 hours news network, chiZdrens program for learning processes from 6a.m. to 8p. m. then turning to classical music. . . Counci,lman- Monahan- Mr. Nolan, you have a charge of $9. 00 is that in addition to the $8. 75 Mr. Nolan- that is Home Box Offieelthat is in addition— spoke to the Board about the new sports channels, this w?�.'ZZ be an additional charge. . . _ Mr. Joseph Daire- If Cable T. V. is not paying, Zets get rid of it. . . Mr. Larry Fischer- asked when cable would be placed in Pilot Knob? Mr. Nolan- reviewed the problems with Niagara Mohawk, hopes that this will be corrected soon;;to provide service. . Mr. Earl Ellsworth- in regard to the Sports package, who regulates those rates? Mr. Nolan- the market place. . . Councilman Morrell- I have heard that you have used the Niagara Mohawk poles before permission was granted. . . I 99 Mr. Nolan-we have an easerzent) bath power and teZephone� to use their poles whereever they go. . .we notify the utilities in advance ' of using their poles. . . Mr. Gregory- questioned if the cable was out for several days,, woutd there be a reimbursement. . . Mr. Nolan- yes if you notify the company. . . Mr. Bodenweiser- noted that he had fifteen units at his motel, very good service. . . recommended the increase. . . Supervisor Walter- asked for further comments hearing none the public hearing was closed. 8: 12 P. M. RESOLUTIONS 1 RESOLUTION TO APPROVE MINUTES R • QUITTON NO- 107,_ Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty MonandA: RESOLVED, that the Minutes of April 27, 1982 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan Noes: None Absent: None Abstain: Mrs. Walter --Mr. Chase presented the Town Board with the final approval from the State of the Broad Acres Water Dist. THE ESTABLISHMENT OF A WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TO BE KNOWN AS THE BROADACRES WATER DISTRICT IN SAID TOWN �z7F.5"nr,T1r ]Vn �nR� Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Dr. Charles Eisenhart WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has heretofore duty caused a general map, plan and report to be prepared by a competent engineer, duly licensed by the State of New York, which have been filed in the Office of the Town Clerk of said Town in relation to the establishment of a proposed water district in said Town to be known as The Broadacres Water District; and WHEREAS, an order was duly adopted by said Town Board on the 4th day of March, 1982, reciting a description of the boundaries of said proposed water district, the improvements proposed therefor, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk 's Office for public inspection, and specifying the 18th day of March, 1982, at 7:30 d,'dZock p. m. , prevailing time, at the ` Queensbury Town Office Building, Bay & Haviland Roads, in said Town, as `�✓ the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, such order was duly published and posted in the manner and within .. the time prescribed by Section 209-d of the Town Law and proof of such publication and posting has been duly presented to said Town Board,; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard; and WHEREAS, following said public hearing, and upon the evidence given thereat and upon the general map, plan, and report along with the Environmental Assessment Form which the Town Board had caused to be prepared in accordance with the requirements of the State Environmental Quality Review Act concerniq the establishment of the proposed Broadacres Water District and the construe- 711 MrIm"W, 100 G Lion of the improvements proposed therefor, the Town Board duty adopted a resolution making a determination of no significant environmental impact of the proposed establishment of the Broadacres Water District and the construction of the improvements proposed therefor; and y WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duty adopted a resolution determining in the affirmative all of the questions set forth in Subdivision 1 of Section 209-e of the Town Law; and WHEREAS, following said public hearing, said Town Board also duly adopted a resolution approving the establishment of said water district and the construction of the improvements proposed therefor, said resolution expressly providing that it was subject to a permissive referendum as provided by Section 209-e of the Town Law; and WHEREAS, after the expiration of the time for filing a petition requesting that the matter be submitted to a referendum of the eligible �✓ voters of the proposed district, the Town Clerk duty filed in the Office of the County Clerk and in the Office of the Department of Audit and Control at Albany, New York, a certificate stating that no petition requesting that the matter be submitted to a referendum had been filed with the Town Clerk; and WHEREAS, in response to an application duty made pursuant to Subdivision 3 of Section 209-f of the Town Law, the State Comptroller has duty made an order, in duplicate, dated April 28, 1982, granting permission for the establishment of said district, proof of which has been filed in the Office of the Town Clerk and which has been submitted to said Town Board, NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows : Section 1. A water district in the Town of Queensbury, Warren County, New York to be known as the Broadacres Water District is hereb y establish- ed in accordance with the aforesaid order of the State Comptroller and is bounded and described as set forth in Appendix "A" Attached hereto and made a part hereof. Section 2. The improvements proposed for said water district, consisting of the construction of a water system to serve said district, , incZuding original furnishings, equipment, machinery or apparatus required in connection therewith, and also including the acquisition of Lands and rights in lands required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and approved. The maximum amount to be expended for such improvements is estimated to be Four Hundred Ninety-Six Thousand Two Hundred Ten Dollars ($496, 210. 00) . The', $496. 210. 00 cost of said improvement shall be financed by the issuance of not more than $496, 210. 00 in Serial Bonds of said Town maturing in annual installments over a period not exceeding thirty (30) years, which cost shall be borne by local assessment upon the several Lots and parcels of Land in said district which the Town Board shall determine and specify to be especially benefited thereby; but, if not paid from such source, all the taxable real property in said Town shalt be subject to the Levy of ad valorem taxes, without Limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds as the same become 'due and payable. Section 3. The Town Clerk is herby authorized and directed to cause a certified copy of this order to be duty recorded in the Office of the Clerk of Warren County, New York, within ten (10) days after the adoption of this order by this Town Board and to file a certified copy there of within that time in',, the Office of the State Department of Audit and Control, in 'AZbany,, New York, both pursuant to Subdivision 1 of Section 209-e of the Town Law. When so recorded, such order shall be presumptive evidence of the regularity of the proceedings for the establishment of said Broadacres Water District, of the proceedings instituted for the construction of the improvements hereinbefore described and of all other action taken by said Town Board in relation thereto. Section 4. This order shall take effect immediateZy. The question of the adoption of the foregoing order was duty put to a vote on roll call, which resulted as follows: 1 101 1 l Daniel C. Olson Voting yes Charles R. Eisenhart Voting yes Daniel H. Morrell, Jr. Voting yes Betty Monahan Voting yes Frances J. Walter Voting yes The order was thereupon declared duly adopted. BEGINNING at a point on the westerly corporation tion line of the City of Glens Falls at the north- easterly corner of lands of Louis and Vivian McArthur, { said point being the southwesterly corner of the intersection of Jerome Avenue and the roadway commonly referred to as the "Fire Road ", running from thence southerly along the westei+Zy corporation line of the I City of Glens Falls, foZZ6wing the westerly bounds of Jerome Avenue to and across Dixon Road and continuing southerly crossing Pershing Road, Broadacres Road and Coolidge Avenue, to a point in Western Avenue at the intersection of the said westerly corporation line of the City of Glens Falls with the extension easterly of the southerly bounds of Lands of Marrs; thence running westerly to the southeasterly corner of the 1 said Lands of Marrs and continuing the same course westerly along the southerly bounds thereof to an angle point in the easterly bounds of lands of i DeRocker; thence running southerly, westerly and again southerly along three courses in the easterly bounds of the said Lands of DeRocker, to the south- easterly corner thereof; thence westerly along the southerly bounds of the said lands of DeRocker to the southeasterly corner of lands of Barber; thence westerly, northerly, again westerly and again north- erly along the four courses of the southerly and _ wester'Ly bounds of the said lands of Barber, to a point in the southerly bounds of Lands of Reichert; thence westerly along a portion of the southerly bounds of the said lands of Reichert and continuing westerly along the southerly bounds of Lands of Canavan, Lebowitz and Hopkins to the southeasterly corner of lands of McDonough- thence westerly, northerly and again westerly along three courses forming the south- erZy bounds of the said lands of McDonough, to a point in the easterly bounds of lands of King, thence southerly along a portion of the easterly bounds of the said lands of King to the eoutheasterZy corner thereof; thence westerly along the southerly bounds 1 of the said Lands of King and the southerly bounds of lands of Robert and Claire Dempsey. to the south- easterly corner of lands conveyed by Vicary Clark to Kenneth and Carol Hopper by deed dated January 33 1977, recorded in book number 602 of deeds at page 630 in the Warren County Clerk 's Office; thence running westerly along the southerly bounds of the said premises conveyed to Hopper, to the southwesterly corner thereof; thence running west- erZy along a portion of the southerly bounds of other lands of Kenneth and Carol Hopper and being also along the northerly bounds of a portion of the bounds of lands of Carol Kreiser, to the north- westerly corner of the said lands of Kreiser and I continuing the same course westerZy _for a total distance of 200 feet, more or Less, to a point; thence running northwesterly to •a point in the southerly bounds of Lands of Thomas and Elizabeth { Remsen; thence westerly along a portion of the southerly bounds of the said Lands of Remsen, 20 feet, more, or Less, to the southeasterly corner of Lands of Arthur Binley, III; thence westerly along the southerly bounds of the said lands of BinZey and the southerly bounds of Lands of Ellibt and Jane Fleet to the southwesterly corner thereof; thence northerly along the westerly bounds of the said Lands of Fleet to the southerly bounds of Griffing Place; thence westerly along the southerly bounds of Griffing Place to the southwesterly corner thereof 102 ' in the easterly bounds of the Adirondack No,rthway; thence northerly along the westerly end of Griffing Place 50 feet more or Less to the northwesterly corner thereof; thence easterly along the northerly bounds of Griffing Place to the southwesterly corner of Lands of L. Michael and Charlotte Daly; thence north- erZy along the westerly bounds of the said Lands of Daly and along the several courses of the west- erly bounds of Lands of Raymond and Marion 'Bates, to a point in the southerly bounds of Dixon Road; thence running northerly along a Zih'e which, is a continuation of the preceeding course across Dixon Road to a point in the northerly bounds thereof at the southwesterly corner of Minds of Ruth Hadley; thence running northerly along the westerly bounds of the said Lands of Hadley, being still along the easterly bounds of the Adirondack Northway,' to a point in the easterly bounds of Lands of Niagara Mohawk Power Corporation; thence northerly ',aZong the easterly bounds of the said Lands of Niagara Mohawk Power Corporation and the westerly bounds of the said Lands of Hadley, to the northwesterly corner of the said Lands of Hadley; thence easterly along the northerly bounds of the said lands of HadZey to the northeasterly corner thereof, being on or near the northerly bank of Halfway Brook; thence running northeasterly along the northerly bank of the said brook as the same winds and turns,', being also the northerly bounds of lands of Morgan and Ruth Boyd, to the northeasterly corner thereof in the westerly bounds of Zands _o f Dixon Court, Inc. ; thence running southerly along the westerly, bounds of Dixon Court, Inc. to the northwesterly corner of lands of Philip and Margaret Smith; thence run- ning easterly along the northerly bounds of the said Lands of Smith, the northerly bounds of lands of Harold and Elizabeth Katz, Harold and Dora Bradley, the northerly end of Northup Drive, the northerly bounds of lands of Robert and Susan Heide, Charles and Katherine Cote, the northerly end of Bullard Avenue, the northerly bounds of Lands of Charles R. Wood Enterprises, Inc. , the northerly bounds of Lands of Douglas and Judith Neely, to a point in the westerly bounde of Linden Avenue; thence north- erZy along the westerly bounds of Linden Avenue, 140. 29 feet to the northwesterly corner the'!reof; thence easterly along the northerly bounds !,of Park- view subdivision, being three courses which' total 800. 99 feet, to the westerly bounds of Jerome Avenue at the point and place of beginning. RESOLUTION INCREASING RATES gR,gn rITrnN Nn_ 1ng introduced by Mr. DanielZ Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the Town of Queensbury Cemetery Commission at its May 5th meeting passed a resolution recommending -that the Queensbury Town Board increase interment rates for Saturday, Funerals, NOW, THEREFORE BE IT E° RESOLVED, that the Town Board upon the recommendation df the Queensbury Cemetery Commission set the following rates, for Saturday Funerals as follows : PINE VIEW OPENING $200. 00 OUTSIDE CEMETERY OPENING$225. 00 STILLBORN $ 55. 00 INFANT $ 70. 00 CREMATIONS $ 50. 00 and be it further RESOLVED, that the old rates will still apply to regular work days. i Duly adopted by the following vote: 4 103 Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None I Absent: None 1 1 RESOLUTION TO TRANSFER FUNDS i PP.PQT77TrnN N Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Frances Walter: -` RESOLVED, to transfer $216. 28 from SW1 8310. 440 Queensbury Water Administra- tion Contractual to Equipment SW1 8310. 200 and $18. 37 from SW1 8320. 440 Queensbury Water Source of Power and Supply Contractual to Equipment SW1 8320. 200 Equipment. Duly adopted by the following vote : Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS F�T,nTrnN Nn Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, to transfer $10, 000. 00 from DR5110. 462 Highway Repairs, Paving Materials to H19-3310. 440 Capital CHIPS, Traffic Control for street signs, and $353281. 25 from DR5110. 462 Highway Repairs Paving Materials to H19-5112. 200 Capital CHIPS, Permanent Improvements in anticipation of allocated expenses per the NYS CHIPS Program. Duly adopted by the following vote: j Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs . Monahan, Mrs. Walter Noes : None Absent: None RESOLUTION AUTHORIZING BUS GRANT AGREEMENTS BETWEEN QUEENSBURY AND COUNTY OF WARREN Introduced b Mrs . Betty Monahan who moved or its y y � f adoption, seconded by Dr. Charles Eisenhart: , l WHEREAS, Warren County is participating in a New York State Divi.ren for Youth Special Delinquency program, by estabZshing an intracounty youth bus program, and WHEREAS, a financial reimbursement program has been proposed by the Warren County Youth Board, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to enter into an agreement between the County of Warren and the Town of Queensbury whereby the County of Warren shall provide the Town of Queensbury with an amount not to exceed $687. 18 dollars. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr.MorreZZ, Mrs. Monahan, Mrs . Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION N0. 1.1._3_ Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: i RESOLVED, to transfer $1, 327. 00 from A1990. 4 Contingent to A1420. 441 Attorney. 104 Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs . Monahan, Mrs. Walter r Noes: None Absent: None DISCUSSION held in regard to the changing of the name of Stevens St. to Stephanie Zane. . . Mr. Batchelder who prevented the petition requesting the change was present and spoke to the Board on the residents behalf requesting the name change. . . RESOLUTION CHANGING NAME OF TOWN HIGHWAY RESOLUTION Nn_ 974- Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, a petition was filed by the residents of Stevens Street (location beg. at Corinth road a distance of . 45 miles ending at Luzerne Road) to change the name of the Street to Stephanie Lane, and WHEM S, such residents noted the designated name caused confusibM -, £o::the residents of this street in "'regard Ito- postal delivery and Fire Protection, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby changes' that portion of Stevens Street described as Beginning at Corinth road a distanae � of . 45 miles ending at Luzernekto be called Stephanie Lane and that this highway be numbered 383 in the Town of Queensbury Road Directory, and be it further RESOLVED, that- the-Town Clerk be directed to notify the Queensbury Highway Dept. and Police Dept, Duty adopted by the following vote: Ayes : Mr. Olson, Dr.- Eisenhart, Mr. Morrell Mrs . Monahan, Mrs. WaZteT Noes: None Absent: None Supervisor Walter- the ZocaZ Fire Dept. and Postal Office wiZZ" be notified of the name change. . . noted that Mr. Na-'Zor recommended the name change on this highway. . . COMMUNICATIONS Bid Opening-Water Connection Materials The following bids were opened: Clow Corp. Hydrants $8, 439. 84 Waterford, N. Y. Valves $3.9836. 19 82-6 Spec. $73184. 35 non cot. attached. Atlantic States Pipe Phil. , New Jersey 82-11 $150, 376. 40 non col. attached VelZano Bros. 82-6 $83667. 58 Latham, N. Y. 82-7 $3, 512. 67 82-8 $9, 162. 00 82-9 $13 387. 00 82-10 .$81108. 00 non cot. attached LeVaZley McLeod 82-6 $93 826. 52 Schenectady, N. Y. 82-7 $3, 722. 94 82-8 $9, 438. 48 non. cot. attached Griffin Pipe Florence, New Jersey 82-11 $154, 930. 50 105 1 U. S. Pipe I Burlington, New Jersey 82-11 $155.) 448. 40 j non coZ. attached { Mr. Ralph VanDusen recommended that the following bids be accepted: Spec. 82-6 Clow Corp. Spec. 82-7 Vellano Bros. _, Inc. Spec. 82-8 Clow Corp. Spec. 82-9 Vellano Bros. , Inc. Spec. 82-10 Vellano Bros. , Inc. i Spec. 82-11 Atlantic States Cast Iron Pipe Co. RESOLUTION TO ACCEPT BID ON WATER MATERIALS BFSOrrTTON NO,1115 Introduced by Dr. Charles Eisenhart`: who moved for its ado tton, seconded by Mr. Daniel Olson: WHEREAS, Mr. Thomas Flaherty, Water Supt. for the Town of Queensbury did recommend that we advertise for bids for Water Connection Materials and WHEREAS, Six bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A. Chase and such bids were then turned over to Mr. Ralph VanDusen for his recommendation, and WHEREAS, Mr. VanDusen by letter has recommended that the bicb be awarded to the following: Spec. 82-6 Clow Corp. $ 7, 184. 35 Spec. 82-8 ' ' $ 8-9439. 84 Spec. 82-7 Vellano Bros. $ 33512. 67 Spec. 82-9 " $ 1, 387. 00 Spec. 82-10 " $ 8, 108. 00 Spec. 82--11 Atlantic States $1503376. 40 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bids--as listed above and be it further RESOLVED, that the financing for such materials is included in the 1982 Water Dept. budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Mobile Home-Thomas C. Jones Jr. of 581 Glen St. requesting temporary t three month mobile home on Laks !George Road' Mr. Jones was present �✓ Councilman Eisenhart- what i�F the hardship? Mr. Jones-the hardship was that I wanted to have control of my business and I have no other place to stay. . . Councilman Olson- is this a seasonal business? Mr. Jones-yes Councilman Olson- where is your_permdnent home? Mr. Jones- 581 Glen Street, Glens Falls, N. Y. Councilman Morrell- wiZZ"`you be bringing this back every year for the three month period? 10 Mrs. Jones- not necessarily, we have to wa�t �and see what happens. . . Discussion held, Councilman Olson and Eisenhart requested that the application be tabled until the next meeting so they might have the chance to visit the proposed site. . . Tabled Ltr. Town CZerk- requesting permission to attend the N. Y. State Assoc. of Municipal PurchasingtOfficials Conference. on file RESOLUTION AUTHORIZING ATTENDANCE AT CONFERENCE RF.Qnr.rrmrnN Nn 1 1 B Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Dr. Charles Eisenhart RESOLVED, that permission is hereby granted to Mr. Donald A. Chase ,,, Town Clerk to attend the N. Y. State Associ tion of Municipal Purchasing Officials 4th Annual Conference at the Holiday Inn, Saratoga Springs, N. Y. on May 19, 20 and 21st. 1982 and be it ', further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duty adopted by the following voter Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorrelZ, Mrs. Monahan, Mrs. Walter Noes : None Absent: None Ltr. Paul Naylor- requesting permission fo ' Mr. Richard A. Missita to attend the N. Y. State Association of Tows Training School . . . on file RESOLUTION AUTHORIZING ATTENDANCE AT TRAIN�NG SCHOOL DW.Cnr.nmrnN Nn 117 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that permission is hereby granted to Mr. Richard A. Missita Deputy Highway Supt. to attend the N. Y. St to Association of Towns Training School at Cornell University in Ihaca, N. Y, from June 7th through June 9th 1982 and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duty adopted by the following vote : Ayes : Mr. OZson, Dr. Eisenhart, Mr. Mor�eZZ, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Ltr. N. W. Bodenweiser- requesting permission to -attend the Fire Prevention Seminar at Montour Falls, N. Y, ion file RESOLUTION AUTHORIZING ATTENDANT AT SEMINAL _ RF. nr,�rTrnN Nn 11R , by Dr. Char es Eisenhart who moved To-r i ts adoption, seconded by Mrs. Betty M�nahan: I RESOLVED, that permission is hereby grantd to Mr. N. W. Bodenweiser Fire Marshal to attend a Fire Prevention S�minar at Montour Falls, N. Y. on June 5th and 6th 1982 and be it further ' RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses . Duly adopted by the following vote : Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes : None 107 Absent: None Mr. Bodenweiser noted that he would pay for his own gas and oil for the trip. . . Discussion held on the Governor 's malpractice fund biM . . Board opposes this bill. . . RESOLUTION OPPOSING GOVERNOR 'S MALPRACTICE FUND BILL RESOLUTI N NO. 119, Introduced by Dr. Charles Eisenhart who moved ! or its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Governor 's Malpractice Fund Bill would pay 90% of a i doctor 's malpractice liability over $250, 000 up to $1, 000, 000 for each claim to a maximum of $3, 000, 000 for all claims against a doctor in a year, and WHEREAS, the fund is financed by a surcharge of up to 4% on all health insurers, including private Medigap policies, and WHEREAS, Blue Cross and Blue Shield strongly opposes the fund bill and WHEREAS, the bill will transfer in excess of $100, 000, 000 in malpractice insurance costs from doctors who can afford it to people who can 't the elderly, the handicapped, the near-poor and the small businessman, and WHEREAS, the bill relieves the . individuaZ physician responsible for medical malpractice from liability for thdt negligence and transfers the liability to his patients, and WHEREAS, the bill wilL-in6redse hed-1th-::cdie..>7cdsts.by gadding malpractice cost to health insurance premiums without providing for any reduction in doctors ' fees and WHEREAS, the biZZ creates a fund from which it is easier to collect not harder, thus it will increase not slow down the incidence of malpractice litigation, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury strongly opposes the Governor's Malpractice Bill because of the added costs to taxpayers,and be it further RESOLVED, copies of this resolution will be sent to Assemblywoman Joan Hague, and State Senator Ronald Stafford. Duly adopted by the foZZ6wi6ng -vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None -The following reports are now placed on file : Town Clerk 's monthly report-April 1982 Building & Zoning monthly report-ApriZ 1982 Supervisor Walter- introduced Mr. Dave Whitman from Warren County Extension Service Mr. Dave Whitman- gave a presentation to the Town Board in regard to Gypsy Moths in Warren County OPEN FORUM Mr. Fischer- May 11, 1982 TO: Queensbury Town Board We the fire companies of the Town of Queensbury, have met with you in the past to discuss the adoption of the New York State Fire Code. We strongly feet there is a need for the code to protect us, the fire fighters and to protect the public. The following towns are smatter than the Town of Queensbury and they 108 have the fire code: Indian Lake Horicon Kingsbury City of Glens Falls With the continuous building development and growth in Queensbury, there is a need for an enforeeab16 fire code. ' Because of this, we would like you to arrive at a solution to this problem and take action in as short a time as possible, instead of waiting until 1984. i Signed by the fire companies of the Town of Queensbury Marvin Lemery Queensbury Central Charles Mellon Bay Ridge Lawrence R. Fischer North Queensbury David "Jones South Queensbury Robert Westcott West Glens Falls j CC: Fire Companies Fire Study Committee Fire Marshall Mr. Fischer- There has to be certain priority to this Fire Code, we have so many volunteer fire men, every opportunity that you have to help protect them would be appreciated. . . Supervisor Walter- asked for further comments, hearing none the opbn-I'forum: ;;... was closed. . . RESOLUTION TO APPROVE AUDIT OF BILLS RRROTTITTON NO Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as listed on Abstract No. 82-5A and numbered 736 through 894 and totaling $64,.427. 77 be and hereby is approved and be it further RESOLVED, that the following vouchers were pulled,Number 760, 784, 830,and 847. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Discussion held on Queensbury Sanitary Sewer Code including variance procedure. . . RESOLUTION APPROVING SANITARY SEWER ORDINANCE 'WITH VARIANCE PROCEDURE uFSnr.nTT`7 92.Z. Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs . Betty Monahan (Resolution forthcoming from Town Counsel, to be found on page 182 . J Urdianee found on page vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs . Walter Noes : None 111 Absent: None Discussion was held by the Town Board in regard to the following changes in the proposed Zoning Ordinance 1. Zoning Map - Area 3, RR-3A along West Mountain Road move back to 550 ' elevation line. Increase density west of West Mountain Road _ 109 from 20, 000 sq. ft. to 30, 000 sq. ft. 2. Section 7. 011 A-5 - eliminate second paragraph. a� change 10 to 4 lots b) change 10 additional feet to 25 ' i j3. Section 7. 051 a) should read "slopes caused by excavation shall j upon completion not exceed 30%. " 4. Eliminate Forestry Uses in zoning schuduZe Type II LC a 5. Zoning Map - end of peninsula At Big Boom Road and Big Bay Road to all SR-30 from RR-3A 6. Zoning Ordinance - definition of Marina change to say "for boats not registered to the property owner, his family, or renter of the dwelling unit on the same zone lot" 7. Zoning Map - change RR-3A along Luzerne Road and Tuthill to LC-10A further discussion were held with Town Counsel on the existance of Marinas in a residential area this will be worked on,y1'own counsel. . . Discussion held on rental docks. . . "Not withstanding any provision of this ordinance to the contrary no non-conforming use may arise or be antinued after the effective date of this ordinance from the prior rental, lease sale or use of berths, be it by dock or moorings, for boats i or any other type of water craft, not registered Rio the property owns his family or renter of the dwelling unit on the same Zot. " w RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING POSSIBLE ADOPTION OF PROPOSED NEW ZONING ORDINANCE AND REPEAL OF EXISTING ZONING ORDINANCE RF,RQTHTTON Nn_ 9.29 Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, a proposed new zoning ordinance of the Town,(,of Queensbury has j been prepared and presented to the Town Board for consideration, a copy of which is annexed hereto, and WHEREAS, the Town of Queensbury Planning Board has recommended the adoption of said proposed new zoning ordinance and the repeal of the existing ordinance of the Town of Queensbury and all amendments thereto, and WHEREAS, a public hearing concerning the adoption of the proposed new zoning ordinance and the repeal of the existing zoning ordinance and all amendments thereto is required by law, and WHEREAS, a proposed new zoning ordinance is worthy of consideration fpr legislative action, NOW, THEREFORE BE IT { RESOLVED, that a public hearing be held by the Town Board of the Town of I Queensbury concerning the adoption of the proposed new zoning ordinance for the entire Town of Queensbury and the repeal of the existing zoning j ordinance and all amendments thereto, Ordinance No. 21, and that said public hearing be held at 7: 30 P. M. in the meeting room of the Town of Queensbury Town Office Building, Bay and Haviland Roads, on may 25, °, 1982 at which time all persons interested in the subject thereof concerning the same will be heard, and be it further RESOLVED, that the Town Clerk be and he-hereby is directed to take all necessary action to cause the publication of notice of said public hearing and to provide all other notices required by the provisions of Town Law Section 264. Duly adopted by the following vote: ,tyes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. MoAdhan, Mrs. Walter Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION 110 RF,gnr.T7'PTh N Nn 223 Introduced by Dr. CharZes Eisenhart who moved for its adoption, seconded by Mr. DanieZ OZson: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss Zitigation. DuZy adopted by the foZZowing vote : Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Airs. Monahan, Mrs. Walter Noes: None Absent: None On motion the meeting was adjourned. Respectfully, �i Donald A. Chase Town CZerk 1 i I i i ;