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1990-04-16 291 TOWN BOARD REGULAR MEETING APRIL 16th, 1990 7:30 P.M. BOARD MEMBERS PRESENT SUPER VISOR STEPHEN BOR GOS COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN BOARD MEMBERS ABSENT COUNCILMAN GEORGE KUROSAKA TOWN ATTORNEY PAUL D USEK TOWN OFFICIALS Kathleen Kathe, Dave Hatin PRESS Channel 13, Channel 6, Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BETTY MONAHAN Supervisor Borgos-Called meeting to order. Presented Mrs. JoAnn Hicks with'Plague and Resolution of Recognition. Town Clerk-Read the following Resolution: RESOLUTION OF RECOGNITION RESOLUTION NO. 235,1990, INTRODUCED BY THE ENTIRE TOWN BOARD WHEREAS, JoAnn Hicks is a dedicated employee of the Town of Queensbury and has been employed by the Town since February 1988, and WHEREAS, on the afternoon of March 15, 1990, JoAnn Hicks, while driving to her home, observed a young child enter the opposite side of U.S. Route 9, then fall and crawl into the traffic lone, and WHEREAS, JoAnn Hicks displayed outstanding courage by risking her own safety by placing her automobile between the child and oncoming traffic, and WHEREAS, JoAnn Hicks then left her car and carried the l6-month old ASHLEY ROOT to her mother at their nearby home, and WHEREAS, JoAnn Hicks then returned to her car and drove home without even identifying herself to the family, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury does hereby express its recognition of the outstanding courage of JoAnn Hicks and further commends her for her concern for others. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monohon, Mr. Borgos NOES: None ABSENT:Mr. Kurosoka PUBLIC HEARING LOCAL LAW ENFORCEMENT ISSUANCE OF TICKETS HANDICAPPED PARKING 7.40 P.M. Supervisor Borgos-Asked the Town Clerk if this has been advertised properly? 292 Town Clerk-Yes. Supervisor Borgos-This low as most of you probably know is meant to empower our Town employee's and the Building and Code Enforcement Department with the authority to actually issue tickets that will stand up in court for people who are violating the handicapped parking regulations, prior to this time that has not been possible. The Sheriff and State Police apparently have always been able to do this, but they simply don't have the time to be where they like to be ol/ the time there are lots of other things to keep them busy and they do from time to time issue these tickets, however, our people are in many of these malls everyday and we want to be dorn sure that the handicap spaces ore left opened and token core of. Let me just check with the Town Attorney, the way this low is written this pertains to any handicap space all over Town, is that correct? Attorney Dusek-This refers to primarily to the handicap parking that is located within plaza parking areas. Supervisor Borgos-Does it say o particular plaza? Attorney Dusek-It's pursuant to Section 1203-C of the Low, which essentially provides for no parking in handicapped parking areas that ore within the plaza areas. It does not address the areas that ore outside of parking lots or any kind of other building, but generally I don't know if there really is any anywhere in the Town. Supervisor Borgos-That would take of Aviation Mall, Northwoy Plaza, all the other shopping plozo's. Attorney Dusek-Any kind of shopping center would be covered, any kind of business. Supervisor Borgos-Grocery stores, supermarkets? Attorney Dusek-Yes. Any business that has private parking for their customers. Councilman Montesi-There is actually very little on street parking in the Town of Queensbury where there would a handicapped zone. Supervisor Borgos-I think that's correct. Supervisor Borgos-You should know before we get started that the entire Town Board is in -- favor of this. The hearing I'm sure is just a formality we have to vote and make it official we strongly support this. We heard from several people who are here tonight at previous meetings they strongly support it. Councilman Montesi-How much of a fine is it for parking in an area and being given a citation? Attorney Dusek-I can't recall the exact figures now they're not provided here in the Local Low they're provided automatically by the Vehicle and Traffic Low under this Section 1203-C. 1 believe they're in the neighborhood of $30.00 to $50.00 for the first fine and they go up excessively. Councilman Montesi-It's significant enough that you wouldn't do it? Attorney Dusek=Yes. My guess would be at least $25.00 if not more for the first offense certainly $50.00 for the second offense they kind of graduate up this is set by the state pursuant to Vehicle and Traffic Low. Supervisor Borgos-So we ore serious about this it's not just for show. Harvey Raymond-Glens Falls Independent Living Center. I'm concerned about how you will keep record of people who receive summons so you can keep track of who will be receiving a excessive tickets? Councilman Montesi-Second offenders, third offenders? Mr. Raymond-Yes, that's it. Supervisor Borgos-Maybe our Attorney con answer. Attorney Dusek-This will be handled the some way as any other traffic ticket would be handled through the Justice Court system. Just like people who get excessive speeding tickets they're kept track of, people who get excessive parking tickets likewise will be kept track of through the court system itself. When on enforcement officer goes out he issues on appearance ticket it's returnable before a Judge and the Judge in the court system handles it from thereon in. The ac'tions of the Town here by this Local Law are primarily authorizing their officials to 1 i 293 get involved, but the court system itself will handle the rest of the proceedings and keep track of them. Councilman Montesi-This is not considered a moving violation so it's not a mark on your license? Attorney Dusek-Thot's correct. Councilman Monahan-Mr. Raymond, I know the Town Justice Court is looking at computerizing their records and when they do computerize their records it's going to be a lot easier to pull this stuff up and stay abreast at the number of offenses that people have done. Mr. Raymond-I know that's going to be a problem with keeping track. . . Councilman Monahan-I saw one of those machines work in New York City, at the Association of Towns it's o marvelous thing what you can pull up by those machines when people hove violated the traffic law. Supervisor Borgos-Our Judges tend to have pretty good memory for faces and names. Mr. Raymond-That's great. I knew as o Town that your going to be taking core of this, but 1 didn't know who was going to actually keep track of the record on the individual. Supervisor Borgos-Some Judge that takes care of all the people who break the lows. Mr. Raymond-That's the only questioned I hod. Lima Brown-Corinth Road, Queensbury. I think it's about time that we did do something about this. I was over to Joys Department Store about two months ago and this man and women could not find one place for his plegic wife so he came from way over on the other end of the parking lot and when he did I was almost side of him she hit a pebble and just as she went to go out of the wheelchair he grabbed her. Now if there had been o place for her it would of never happened in the world so I went into Joy Department Store and 1 insisted that they call a cop because there were three cars out there that did not have nothing and I walked and walked so l. . .cop and he sighted them for the three different cars that were there. This could of been a bad incident there and I've had more fights its no wonder I'm not in jail. Supervisor Borgos-We've had a few people in Town hove similar situations. Mrs. Brown-I hod a terrible fight yesterday down to Price Chopper. Supervisor Borgos-1 think the best thing and I've recommended this before is to call the Sheriff's Deportment, call the State Police, call the our Building and Code Enforcement Department. Mrs. Brown-They con not in the stores. Supervisor Borgos-Some of them con. The Northway Plaza and Aviation Moll have the authority under o previous enacting low. Mrs. Brown-They do. Supervisor Borgos-Those two facilities. Mrs. Brown-Price Chopper told me there was nothing they could do about it. Supervisor Borgos-Price Chopper, I don't believe ever come in for that part of it and the others did. I certainly want to thank you as a resident of the Town for doing what you did. Mrs. Brown-Well we need it bad. I've seen some sad cases believe me. Supervisor Borgos-Let me find out when this takes effect. Will this take effect tomorrow? Attorney Dusek-It has to be filed with the Secretary of State usually we get them filed within a week I think. We don't usually send them down in a week, Dorleen sends them right o way, but by the time they process them down to the Secretory of State it's roughly a week. Supervisor Borgos-So o week to ten days from now tickets will be final. Mrs. Brown-Are we getting a new cord? Supervisor Borgos-I understand new cords ore now in? Town Clerk-Yes. 294 Mrs. Brown-Oh, they are? Supervisor Borgos-Darleen has the new cards available. Town Clerk-They come in Friday. Mrs. Brown-Do you hove to hove them if you hove the plate? The only thing that I'm talking about is my daughter takes me shopping a lot of times and we can't find a place to pork and I cannot walk it believe me. Town Clerk-I recommend that any handicapped person please get the card. As you say, a plate you can't take with somebody else. If you want to go with your neighbor or friend you can take the card with you it's more portable. Mrs. Brown-Thonk you. Councilman Montesi-Darleen, your saying that if the car has a handicapped plate that's sufficient. If you being driven by o friend who doesn't hove the handicapped plate you just place the cord that you issue. . . Town Clerk-On the rear-view mirror it has o little hook on it now. Councilman Montesi-That will act as a plate? Town Clerk-Please lock your cars because their a nice little item and you can't believe the number that are stolen. Councilman Monahan-I also heard if their not supported some way very well that they hove blown out of cars and then people hove madly dashed to get them. Town Clerk-These are brand new they hooked on the inside this is something brand new that the State has come out with. David Iverson-25 Helen Drive, Queensbury. I have been using the some bus and on several occasions at Aviation Mall I've waited within the moll at the entrance for the bus to appear. Meanwhile I hove seen five cars pull up adjacent to the entrance park people get out walk in the moll and be gone one half hour or twenty minutes two or three one behind the other. Also I've hod o problem with UPS service pulling out right in front of the entrance blocking --- the ramp for wheelchairs and other vehicles making deliveries blocking the entrance of it, it makes it hard for anybody that's handicapped or the bus to pull in to pick people up. Also about eight months ago I was in Glens Falls at the Post Office and low and behold there was a Queensbury Town truck pulling up along side of me right into a handicapped parking area. Supervisor Borgos-Your sure it was Queensbury and not another vehicle? Mr. Iverson-This was Queensbury it had the "Q" on it. Supervisor Borgos-This was at Northwoy Plaza? Mr. Iverson-No. Down at the main Post Office in Glens Falls, unfortunately I couldn't get out of the car at the time to get the plate number. Supervisor Borgos-There won't be too many that would of hod the authority to go down to Glens Falls Post Office. Mr. Iverson-All I know is I thought it was in poor taste. Also, I think it's crucial anybody that appears in court and is fined for violation of the handicapped parking that it put in the newspaper, I think public awareness is really important. I have seen vehicles from Vermont, vehicles from Connecticut, in Aviation Mall parking lot parking in a handicapped parking space and there wasn't anything designating that they be there. I also realize that the big problem with this is going to be enforcement and I'm just wondering and I'd like to get o legal opinion on this if I find somebody parking illegally and I carry a small spy camera with me sometimes if I --' take o picture of the car in the location get the plate number and. . .where the cars were. Supervisor Borgos-However, based on my experience I don't think it will get you to for in court because in the past when 1 called the Sheriffs Department for other things and 1 had the color of the car, make of the car, license plate, couldn't do anything unless I had absolute identification of the driver. i I 295 Mr. Iverson-Somebody has to be responsible for driving that vehicle. r Supervisor Borgos-I agree with you. It's interesting that you've talked about the situation with the delivery trucks blocking the romps and with the other parking in the fire lanes, I'm just going to check with our Attorney. We've been working on the fire lone enforcement also is that all set in your mind or do we have to do more with that? Attorney Dusek-We have a, it's part of I think it's roughly a 35 page Local Low that the Board will be receiving shortly. There is a provision in that Local Low for fire lane and enforcement by the Fire Marshal of parking violations in that case so that will cover that instance and provide additional enforcement mechanism in the Town for that type of violation. Supervisor Borgos-The Fire Marshal and the Deputy Fire Marshal who are all over the Town so your going to see some changes it's just taken a long long time to crunch all these through the legal mechanism. Councilman Montesi-Mr. Iverson, just a question. The romp that your referring to where the Glens Falls Transit stops is that the romp specifically by the McDonald's or is it. . . Mr. Iverson-It's the one by Ground Round. I've been told I haven't checked it again I'm going to, but I understand there are provisions there are signs on the building that prohibit trucks discharges merchandise except in specified areas. Councilman Montesi-Right. Mr. Iverson-Now, I'm not trying to be hard horded about this. Councilman Montesi-But, that romp is there for a reason. Mr. Iverson-They should be kept away from that immediate area because the romp and the fact of public transportation. Thank you. Supervisor Borgos-Thank you. I'm making notes of all of these. These notes never get tossed until I take action this top sheet stays with me. Councilman Monahan-Steve, I regret to soy that people have reported to me that our own romps out here have been blocked at times. My answer is, don't tell me after the fact the minute you see it go inside the building and report it to the Town Clerk Office. Here it is a government building they're getting blocked also. Councilman Potenzo-Mr. Dusek, can the Fire Marshal and the Deputy Fire Marshal also cite for the handicapped parking or not? Attorney Dusek-No. There is a legal basis for why I did not put them in there under the Municipal Home Rule Low. Supervisor Borgos-Nor can the building and code people do the fire lanes. Low is difficult we want to do it right so when we go there it's all set and lined up and we don't miss. Councilman Monohon-I would just hope that with all the fancy gadgets we've got in all these vehicles they put a call into the proper one and get them over there real quick. Supervisor Borgos-Well I think there on the some frequency is that right, fire morshol and building and code people? Daniel Dawson-16 Sweetbrier Lone, Queensbury. I looked at this handout and it says whose going to do it. Are we talking seven days a week normal business hours for this? Supervisor Borgos-We're talking whenever the people are out there. Now, typically their going to be out there Monday thru Friday. Mr. Dawson-So the handicap can't shop on weekends? Supervisor Borgos-Didn't say that did I? Mr. Dawson-No. Supervisor Borgos-Typically I said there out there Monday thru Friday. I've already discussed this with Mr. Hotin, in the back of the room the fact that we would like very much to have his people from time to time work Saturday mornings, afternoons, nobody knows when their coming. We will also be discussing very carefully once this law is setup everything is working together with the Sheriff's Department, State Police, they do work seven days o week twenty-four 296 hours a day you will see enforcement and you will see it on weekends. I Mr. Dawson-Does this cover all off-street parking with the handicap spots? Supervisor Borgos-This is just what we just talked about and we believe all public places, correct with handicapped? Attorney Dusek-This would cover any off-street parking for any kind of shopping facility or any place where they are requiring the law to have handicap parking. Supervisor Borgos-All the new places would have to have handicap spaces for several years doctor offices for instance. Mr. Dowson-I went round and round with Stewart Shop's and I was told that they did this as a courtesy they did not have to have that. Councilman Monahan-That's baloney that's under New York State Building Code. Supervisor Borgos-Mr. Hatin in the back room, Stewart Shop's would have to have them correct? He is nodding his head affirmatively so if the sign is up it will be enforced. Mr. Dawson-Okoy. I called the Warren County Sheriff for the Shop -n- Save on Quaker Road one of Warren County's finest got there waltzed into the store ten minutes later waltzed back out and left, what do I have to do, take him by the hand? Do they need permission for writing the paper or does he hove to go and get permission from the store? Supervisor Borgos-As I understand it under the Vehicle and Traffic Law he already has permission to do that. Perhaps the call got miscommunicoted, perhaps he was told to see the manager of the store, I don't know the specific circumstance. When was this that you made the call? Mr. Dawson-1 don't know, but. . . Supervisor Borgos-Within the last couple days? Mr. Dawson-Within the last meeting. Supervisor Borgos-Do you know what time of day? Mr. Dawson-Monday afternoon. Supervisor Borgos-Will check it out and see what happened. Mr. Dowson-So they don't need to go in and ask for permission? Supervisor Borgos-Correct. Mr. Dowson-Okay. He walked in and was in for what seemed like an eternity and came out and left. Supervisor Borgos-Will find out what happened and let you know, it may take a couple of days to go back through the tapes, will work on it. Mr. Dawson-Because the good sheriff told me to call 911 and quite wasting my quarters last time I called, so he would have it on tap so when he wanted more money he could soy he did this, and this, and this. It just strikes me as odd that you hove to ploy this silly game. Supervisor Borgos-Hopefully there is no game being played it will be taken care of now. Mr. Dawson-Thank you. Supervisor Borgos-Your welcome. Councilman Monahan-Paul, clarification. Our building inspectors work from 8:00 a.m. to 4:30 p.m., I'm assuming if they ore over there shopping on their own personnel time they still have the authority to issue a summons if they see somebody in a non-parking area? Attorney Dusek-That is a tough question, I don't know if I want to give you an answer to that question. I can see both sides of the issue unless I really check the case law in it to see on how they've ruled on that. They are not sheriff's or police officers who are in theory on duty 24 hours a day. Building inspectors do have defined working hours they are not cops they are not even peace officers they have a distinct administrative function. My inclination is, is probably not, but 1 wont to check that first to make sure. 297 Councilman Mbnohon-We would have to give that authority to the Town Board members since we're on duty 24 hours a day 7 days a week. Nancy Colono-from Queensbury, I also work at the Independent Living Center. On behalf of myself and my co-workers and for all the people with disabilities that have coiled in regarding this problem, 1 would like to thank you for addressing this issue and for making it o law and it will make Queensbury and our shopping areas a better place to shop, a better community to live in, and we do thank you. Supervisor Borgos-Thonk you very much. This young lady has learned our slogan and uses it very well. We try to keep working towards that goal. Mrs. Brown-Whot I wanted to ask you Price Chopper up on Broad Street they had two signs for wheelchairs they ore gone. My girlfriend osked where they were and he said they took them out. Supervisor Borgos-That's in the City of Glens Falls. Mrs. Brown-That's Queensbury isn't it? Supervisor Borgos-Price Chopper on Brood Street is Glens Falls so you just hove to call City Hall. Sorry I cant help you with that. Mrs. Brown-Okay. Lou Gogliono-General Manager, Aviation Mall. I just want to make a couple of comments and ask a couple of questions. You made a statement Steve, at the lost meeting and I think it bears repeating we need to make people aware of it and develop the culture and the awareness it goes without saying that we support this low. You made a comment that the previous low still gave us the right, 1 just want to verify that the previous law is still in affect? Supervisor Borgos-That was the information that come to me at the meeting the last time. Councilman Monahan-We should check and to make sure if they are specified by name or by position. Supervisor Borgos-By position. Mr. Gogliono-I think we were specified by name. Attorney Dusek-That was a low that when you mentioned it I thought that it might be a good idea just to review that. I have not had an opportunity to do that, but I think in light of all the research I did in this lost low I'd like to take a look at the previous one to see if it is consistent with my understanding. Mr. Gogliono-We're still very interested in having that right. It's very tough for anyone to be at the. . .we're there and we can address the concerns like Mr. Iverson mentioned. It is a problem in the fire lanes Mr. Iverson, I'm very aware of that we also hove the right once we verify this we did have the right to also write tickets in the fire lanes. I would also suggest that we get the various information out to the various businesses a number of which have been mentioned this evening. . .(taped turned) Supervisor Borgos-We all second that. PUBLIC HEARING CLOSED 8:00 P.M. (Resolution approving Local Low-Appearance Tickets-Off-Street Handicapped Parking end of minutes) PUBLIC HEARING MODIFICATION OF RESCUE SQUAD CONTRACTS 8:03 P.M. Supervisor Borgos-Asked the clerk if this has been advertised? Town Clerk-Yes. Supervisor Borgos-Is there anyone here to speak for or against this change in the rescue squad Contracts, which simply would empower the Town Board to pick up some extra charges that were not anticipated when the rescue squad contracts were entered into several years ago. These ore charges, fees for individuals to take courses in the advanced life support program. They amount to somewhere around $2,000.00 or $3,000.00 for this year it's certainly a budgeted item under miscellaneous contractual and the fire fund so the funds are available this was simply not on anticipated ability at that time and we do now have one fully certified squad, West Glens Falls is fully certified as advanced life support we have worked with Lake George also certified and Minerva is the only other one near here. Minerva even though it's outside 298 the county really works as part of this county. Councilman Monohon-1 don't think we every anticipated Steve, we need the type of equipment that we're seeing inside this rescue vehicles. Supervisor Borgos-We're in magnificent condition right now we're the envy of a lot of county's twice this size a lot of towns twice this size. Councilman Montesi-Steve, in line with this just general discussion, I saw that, was it Mary Lemery, that propose 6 vehicles or somebody proposed 6 ,vehicles that the county buy what was that? Supervisor Borgos-A initial presentation has been made primarily through the efforts of Jim Canavan whose the EMS Coordinator for the County. He now has a report prepared that report will be presented to members of the Warren County Fire EMS Committee within the next several days that will be a subject of the meeting planned for, I don't know the day of the week, but the date is May Ist, at the Warren County Municipal Center. That is a system to not hove ambulances, but rather what they call fly cars and the fly cars will be available in different places all around the county at the homes of various members who are on duty at that time so when a call comes in they don't have to try to get to on ambulance they take right off with enough gear on board to be able to stabilize a patient they will not be transporting people, but they'll get there very quickly. This will benefit tremendously particularly the more remote parts of the county. Councilman Monahan-I think it's very sophisticated equipment Steve. If it's similar to what I sow on T.V. one night that a doctor's using this in Los Angelos the type of what he's able to do at a sight would be the type of thing being done in on emergency room actually. Supervisor Borgos-Oh yes. Councilman Monahan-A lot of test being taken. Supervisor Borgos-There won't be a doctor. Will be doing on I.V., defibulator. Councilman Monohan-The kind of test that they could do also and get these with the machines that they hove the hospital is prepared to start to really move on this patient when they come in. Supervisor Borgos-West Glens Folis con already do the 1.V., I don't believe that have the defibulator yet. Councilman Monahan-Yes they do. Supervisor Borgos-Do they have the defibulator. Councilman Monahan-Yes they do because I went to the open house. Supervisor Borgos-So they got all the training they can do that. Councilman Montesi-The ideal situation is that if your going to have the defibulator and the I.V. . . .and hopefully have it monitored into the hospital. . Supervisor Borgos-We're already doing that. We're in very good shape locally hopefully we won't need it. I was carried a couple months back and it was very nice to be able to hear the doctor talking to the guy working on me and it was a very comforting pleasure. Councilman Monohan-Reolly if you hove not been through one of our ambulances in detail it's an eye-opener to see the type of equipment that's in there and the level of training their at right now. No public comment made. PUBLIC HEARING CLOSED 8:10 P.M. RESOLUTION AUTHORIZING MODIFICATION OF RESCUE SQUAD CONTRACT RESOLUTION NO. 237, I990,lntroduced by THE ENTIRE TOWN BOARD: WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., West Glens Falls Emergency Squad, Inc., and the North Queensbury Rescue Squad, Inc., have entered into separate contracts for ambulance service for the years 1989 - 1991, and I 299 WHEREAS, the Town Board of the Town of Queensbury is desirous of modifying said rescue squad contracts to provide for payment of certain expenses for Advanced Life Support training (ALS), which payment has not been provided for in the contracts, and WHEREAS, proposed amendments to said contracts have been presented at this meeting, and WHEREAS, said amendments have been drafted and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and ` WHEREAS, a public hearing regarding said amendments was duly held on April 16, 1990, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury has determined that said amendments are beneficial to the public interest, and BE IT FURTHER RESOL VED, that the Town Supervisor is hereby authorized to execute said contract amendments to the oforementioned rescue squad contracts. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako PUBLIC HEARING FIRE PROTECTION CONTRACTS 8:10 P.M. Supervisor Borgos-This is a public hearing dealing with the new contract with North Queensbury Fire Company for this current year. This is something we're already involved in we had passed over this formality at one point. No public comment made. PUBLIC HEARING CLOSED 8:11 P.M. RESOLUTION APPROVING NEW CONTRACT WITH NORTH QUEENSBUR Y VOLUNTEER FIRE CO., INC. TO PROVIDE FIRE PROTECTION FOR THE FIRE PROTECTION DISTRICT RESOLUTION NO. 238, 1990,Introduced by THE ENTIRE TOWN BOARD WHEREAS, the existing contract between the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc. expired December 31, 1989, and WHEREAS, a new proposed agreement between the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc., for fire protection for the fire protection district has been presented at this meeting, and WHEREAS, the form of said agreement has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS. it appears that said proposed agreement is fair and reasonable, and WHEREAS, a public hearing on this matter was duly conducted on this matter on April 16, 1990, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the fire protection district, enter into said new contract with the North Queensbury Volunteer Fire Co., Inc., in the form presented at this meeting and to be made a part of the minutes hereof, for fire protection for the fire protection district, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury be and he is hereby authorized to execute said contract, on the form provided on behalf of the Town of Queensbury and the fire protection district. 300 Duly adopted this 16th day of April, 1990, by the following vote: AYES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka OPEN FORUM 8:06 P.M. Eleanor Backon-331 Ridge Street, Queensbury. Present for follow-up on request for variance on the sewer hookup at 337 Ridge Street. Has consulted on Attorney, and he has requested that Mrs. Pollozzi allow the sewer to be on her land. Mrs. Pollozzi responded with following letter: (Mrs. Backon presented letter to Board) Mrs. Backon read the following letter: Elan V. Cherney, Esquire 37 Maple Street Hudson Falls, NY 12839 Dear Mr. Cherney: This requests to your March 30 letter concerning the Backon properties at 337-339 Ridge Road. It is my understanding that applicable New York State law and codes mandate that o septic system and/or o sewer line be located at least ten feet from any property line. Accordingly, I cannot consent to anything that is unlawful. Very truly yours, Barbaro J. Pollozzi Supervisor Borgos-Asked Attorney Dusek, if the Board was in an area that consists between neighbors or an area that the Town Board can get involved in? Attorney Dusek-Explained that he has research this and there is in the Local Low a provision that the Town Board may consider special circumstances in line of obstructions for installing a pipe. The answer on 10 feet from the property, I don't know what the low is in that area I would have to check and get bock to you. Supervisor Borgos-Asked Councilman Montesi and Mr. Hatin to look into this situation and report to the Board at the next meeting. OPEN FORUM CLOSED 8:I5 P.M. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 239, 1990 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenzo: RESOL VED, that the Town Board of the Town of Queensbury hereby approves the minutes of March 5th, 1990. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mrs. Monahan, Mr. Borgos NOES: None ABSTAIN:Mr. Montesi ABSENT:Mr. Kurosako RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 240, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Clerk's Office in the Town of Queensbury wishes to transfer funds, and 301 WHEREAS, the Town Supervisor of the Town of Queensbury has reviewed the Deportment's request for transfer of certain funds and has approved the same, NOW, THEREFORE, BE IT RESOL VED, that the following funds be transferred in the following manner: Town Clerk Faom: A1051410.440 To: A/051410.404 $45.00 (Miscellaneous (Dues & Registration) Contractual) Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 241, 1990,lntroduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Rodney Mosher, of Pineview Cemetery, wishes to transfer funds because of a lack of funds in a certain account, and WHEREAS, the Town Supervisor of the Town of Queensbury has reviewed this request for transfer of funds and has approved the some, NOW, THEREFORE, BE IT RESOL VED, that the following funds be transferred in the following manner: From: C2458810407 To:C2459040800 Amount:$80.00 Off. Equip. Employee's & Repair Main. Benefit Worker's Comp. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION APPOINTING MEMBERS TO QUEENSBURY ECONOMIC DEVELOPMENT CORPORA TIO RESOLUTION NO. 242, I990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has caused to be created the Queensbury Economic Development Corporation, and WHEREAS, the Town Board of the Town of Queensbury has the authority to appoint directors of the not-for-profit corporation, and WHEREAS, two (2) vacancies presently exist on the Queensbury Economic Development Corporation, NOW, THEREFORE, BE IT RESOL VED, that Mr. Thomas E. Lindstrand and Mr. Louis C. Gogliono be appointed to serve on the Queensbury Economic Development Corporation for terms expiring on December 31, 1990. Duly adopted this 16th day of April, 1990, by the following vote: 302 AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO DESIGNATE POLLING PLACES IN THE TOWN OF QUEENSBURY RESOLUTION NO. 243, 1990,Introduced by Mr. Ronald Montesi who moved for its adoptior. seconded by Mrs. Marilyn Potenzo: WHEREAS, pursuant to Article 4-104 of the New York State Election Law, the Town Board of the Town of Queensbury must submit to the Warren County Board of Elections a listing of the polling places in the Town of Queensbury in each Election District in which elections and registrations may be held, NOW, THEREFORE, BE IT RESOLVED, that the following locations be and hereby are designated as the respective polling places in the districts as enumerated. WARD/ED. LOCATION 1/1 North Qsby. Rescue Bldg. 112 Bay Ridge Firehouse 113 Bay Ridge Firehouse 1/4 Warren County Center 211 South Osby. Firehouse 212 Qsby. Activity Center 213 Qsby. Central Firehouse 214 Qsby. Activity Center 215 Robert Gardens Rec Room (Not Accessible) 311 Qsby. Central Firehouse 312 Qsby. Senior High 313 John Burke Apts. (Not Accessible) _ 314 Kensington Rd. School 4/1 W.G.F. Firehouse (VonDusen/Luzerne) 412 W.G.F. Firehouse (VonDusen/Luzerne) 413 W.G.F. Firehouse (Luzerne Road) 4/4 W.G.F. Firehouse (Luzerne Road) 4/5 W.G.F. Firehouse (Luzerne Road) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4-104-1-o of the Election Law unless otherwise noted, and BE IT FURTHER, RESOL VED, that a copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 16th day of April, 1990, by the following vote: . A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITIONS FOR CHANGE OF ZONE TO PLANNING BOARD OF THE TOWN OF QUEENSBURY RESOLUTION NO. 244, 1990,lntroduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board has previously approved a form entitled "Petition For a Change of Zone" for rezoning matters, and has directed that the some be used for re-zoning requests, and 303 WHEREAS, the Town Attorney has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the some, and WHEREAS, following such recommendations, the Town Board of the Town of then review the Zoning Applications and take such other action as it shall deem necessaryw,ll and proper, NOW, THEREFORE, BE IT RESOL VED, 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 recommendations: David E. Williams, Sr., Boy Road, Lake George, New York Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako COMMUNICATIONS Application for Transient Merchant Markets for Robert Tyrer, Glenwood Manor, Queensbury. Presented to Town Board for review. RESOLUTION TRANSIENT MERCHANT MARKET RESOLUTION NO. 24S, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Mr. Bob Tyrer, of Glenwood Manor, has made application to the Town Board of the Town of Queensbury for a Transient Merchants Solictors Market License, and WHEREAS, the Town Board of the Town of Queensbury is desirous of holding a public hearing on said application as is required by Local Law No. 3 of 1985, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby states that a public hearing shall be held on May 7th, 1990 at 7:30 p.m., in the Queensbury Activities Center, Boy at Haviland Roads, Town of Queensbury, Warren County, New York, and BE IT FURTHER RESOL VED, that at such public hearing all persons interested in the subject matter of the license shall be heard, and BE IT FURTHER RESOLVED, that notice of said public hearing shall be given to the applicant and owners of property within 500 feet of the applicant's property by regular moil and that a notice of said public hearing shall likewise be published in the official newspaper of the Town o minimum of seven (7) days prior to the time of the hearing, and BE IT FURTHER RESOL VED, that the said notice of hearing shall contain the name of the applicant, the tax map number, a general description of the property, the date and place of the hearing, the fact that all persons interested in the subject of a license will be heard, the nature of the action by the Board i.e., transient merchant license, and the length of time the license will be in effect, and the said notice shall be otherwise in a form to be approved by the Town Attorney. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None 304 ABSENT:Mr. Kurosoko REPORTS A. Building and Codes-February and March (on file) B. Town Clerk-March (on file) RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 246, 1990 Introduced by Mrs. Marilyn Potenzo who moved for its adoption, seconded by Mrs. Marilyn Potenzo: RESOLVED, that the Abstract appearing on April 16th, 1990, numbering 90 - 1655 thru 90 1911 _ and totaling $129,548.75, be and hereby is approved. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko EXECUTIVE SESSION RESOLUTION NO. 247, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenzo: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following: real property acquisition, personnel and pending litigation. Duly adopted this 16th day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoka .� No further action was taken. On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY 304A. RESOLUTION TO ENACT LOCAL LAW NUMBER . _3 , 1989 PROVIDING FOR THE ENFORCEMENT OF AND THE ISSUANCE OF APPEARANCE TICKETS IN CONNECTION WITH A VIOLATION `..•} OF VEHICLE & TRAFFIC LAWS RELATING TO OFF-STREET HANDICAPPED PARKING RESOLUTION NO. 236 1990 INTRODUCED BY: The Entire Town Board WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law providing for the enforcement of and the issuance of appearance tickets in connection with a violation of vehicle and traffic laws relating to off-street handicapped parking, and WHEREAS, a copy of the proposed local law entitled "A Local Law Providing for the Enforcement of and the Issuance of Appearance Tickets in Connection with a Violation of Vehicle & Traffic Laws Relating to Off-Street Handicapped Parking" has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on April 16, 1990, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law Providing for the Enforcement of and the Issuance of Appearance Tickets in Connection with a Violation of Vehicle & Traffic Laws Relating to Off-Street Handicapped Parking, to be known as Local Law Number 3 , 1990, 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 3048 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 16th day of April, 1990, by the following vote: AYES Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES None ABSENT Mr. KUrosako 304C A LOCAL LAW PROVIDING FOR THE ENFORCEMENT OF AND THE ISSUANCE OF APPEARANCE TICKETS IN CONNECTION WITH A VIOLATION OF VEHICLE & TRAFFIC LAWS RELATING TO OFF-STREET HANDICAPPED PARKING BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1: Title. This Local Law shall be entitled: "A Local Law Providing for the Enforcement of and the Issuance of Appearance Tickets in Connection With a Violation of Vehicle & Traffic Laws Relating to Off-Street Handicapped Parking." SECTION 2: Authority. The authority for this Local Law is Municipal Home Rule Law §10 4. (a) . SECTION 3: Legislative History and Purpose. This Local Law grants authorization to the Director of Building & Codes, and his assistants, to issue appearance tickets to persons in connection with the commission of a violation of New York State Vehicle and Traffic Law §1203-C, which law (summarized) provides for and regulates, parking and off-street parking spaces for the handicapped. The authorization granted herein is a natural extension of said employees' current authority and duty to enforce the New York State Uniform Fire Prevention and Building Code, which provides, in 9 NYCRR 1102.4, for a certain number of accessible parking spaces to be provided in parking areas or parking garages, by owners developing property. SECTION 4: Definitions. All terms used herein for which definitions are established 304D or provided for in the Vehicle & Traffic Law, Criminal Procedure Law, and Criminal Law of the State of New York shall be so defined. SECTION 5: Enforcement of Vehicle 6 Traffic Laws Relating to Off-Street Handicapped Parking. The Director of Building & Codes of the Town of Queensbury, and Assistant Building Inspectors and Code Enforcement Officers employed by the Town of Queensbury, shall have the authority and are hereby authorized and empowered, within the Town of Queensbury and pursuant to the Criminal Procedure Law of the State of New York, to enforce Vehicle & Traffic Law §1203-C, and to issue appearance tickets directing a designated person to appear in court at a desig- nated time in connection with the commission of a violation of New York State Vehicle & Traffic Law 51203-C, said section, summarized, providing for and regulating the parking in off-street parking spaces for the handicapped. SECTION 6: Effective Date. This Local Law shall take effect immediately upon the filing of this Local Law in accordance with the provisions of the Municipal Home Rule Law of the State of New York.