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1992-06-15 REGULAR TOWN BOARD MEETING JUNE 15, 1992 7:00 P.M. MTG#62 RES#326-340 BOARD MEMBERS PRESENT Michel Brandt, Supervisor Pliney Tucker, Councilman Nick Caimano, Councilman Susan Goetz, Councilman Betty Monahan, Councilman TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Kathleen Kathe PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BRANDT PUBLIC HEARING PROPOSED LOCAL LAW ZONING BOARD MEMBERS NOTICE SHOWN OPENED 7:02 P.M. Supervisor Brandt-This is a Local Law proposing to keep the Zoning Board to three, is it? To keep it at seven people. Councilman Tucker-Is there a possibility it can go to three? Supervisor Brandt -Yes. Councilman Monahan-If you want to do a real disservice to your people out there that come in front of the Zoning Board, never have a quorum. Supervisor Brandt-The wisdom of the board to date, has been to keep the Zoning Board at seven even though the State Law says, you should go to five. But, it also says you may go to seven, I think as I saw a copy of the law that just came today to me. Attorney Dusek-If! could just make a comment on that briefly. The law the way its currently written contemplates a three or five members Zoning Board of Appeals. There is a section of the law, however, that provides that a seven member board may be continued as such. The problem, I tried to explain this briefly in your purpose clause is that's what it says there, but in another section it says, that the Town Board shall have the power to appoint three or five members. In otherwords, I think its very possible somebody could make an argument that although you can continue it pass this July 1st, date as a seven member board that's only until their terms expire, once then expire you'll be limited to a five member board. Therefore, what this local law does is basically, it's your own ability under the Municipal Home Rule Law to modify a Town Law so that you can be sure that it will be kept at a seven member board. Councilman Caimano- The sense of the board was, we kind of jest about it was that by having, the sense of this board, by having a seven member board there was less likelihood that the people out there, the applicants would be disenfranchised or put off by the fact that they wouldn't have a quorum it seems to work very well. But, let me ask you a question. What was the purpose behind the three or five member board? What was the rational behind the change of the law, do you know? Attorney Dusek-My understanding, this is just based on a recollection, I'm not sure if I heard this because I was in a seminar someplace or where. But, my understanding was that they reduced it because they were having difficulties maintaining a seven member board in many towns. They felt it would be easier to maintain a three or five member board. Supervisor Brandt-With all that said, it's a public hearing and your comments are welcomed. If you would like to make a comment on the record come on up, state your name and tell us what you think. Councilman Goetz-Do we vote on it tonight? Attorney Dusek-You can if you would like. Councilman Goetz-I'd like. Councilman Monahan- I would just say this if the public doesn't. Sue and I, date back to when the Zoning Board was five members. As League of W omen Voters we were monitoring the Zoning Board very closely, found that many times there was not a quorum. People were coming from South Carolina they had Attorney's here, you know what their paying them an hour and they couldn't get any decisions because we didn't have a quorum. Even at that time we had here at a meeting somebody from and this was back when Dave Little was Town Attorney, it's that far back, was here from the State Department of New York who thought five members were all the members you could have. The league did some research at that time and found out that seven was permissible. That's when it got changed to seven and since then as far as I know, I don't think they ever had to call a meeting because they didn't have a quorum. Sue can speak to that better because she's been on the Zoning Board for how many years before you came here? Councilman Goetz-Ten. I don't think we ever had that problem. The other important feature is that it gives you a better cross section of people on a larger board and that's very important. Councilman Caimano- Well, not to be adversarial, not to be argumentive, but to just put the arguments on the table. The opposite of the argument also is the more people you have the less likelihood you are to receive a consensus the more arguments your going to have. Now, if you consider that good because its a cross section or you can consider it bad because you can't get anything done. Councilman Monahan-I think that's not true Nick, I think just the opposite is true. The smaller members that you have your more apt to have to have a negative opinion because you don't have enough there for a lot of good round discussion. Councilman Caimano- There is nobody out there to bring up these arguments so I thought we bring them all up. Supervisor Brandt-Anyone out in the public that wants to comment? Then, I will declare the public hearing closed. PUBLIC HEARING CLOSED 7:05 P.M. RESOLUTION TO ENACT LOCAL LAW NUMBER 5, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER 181 TO BE ENTITLED, "ZONING BOARD OF APPEALS APPOINTMENT OF MEMBERS," WHICH CHAPTER PROVIDES FOR THE AMENDMENT, SUPPLEMENT, OR SUPERSESSION, AS MAY BE NECESSARY, OF TOWN LAW SECTION 267 CONCERNING THE NUMBER OF MEMBERS THAT MAY BE APPOINTED TO THE ZONING BOARD OF APPEALS AND THE TERMS THEREOF. RESOLUTION NO. 326, 1992 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by adding a new Chapter 181 to be entitled "Zoning Board of Appeals Appointment of Members," which chapter provides for the amendment, supplement, or supersession, as may be necessary, of Town Law Section 267 concerning the number of members that may be appointed to the Zoning Board of Appeals and the terms thereof, as more specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, a copy of the proposed Local Law entitled "Zoning Board of Appeals Appointment of Members", 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 June 15, 1992, 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 to amend the Code of the Town of Queensbury, by adding a new Chapter 181, entitled "Zoning Board of Appeals Appointment of Members," to be known as Local Law Number 5, 1992, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 327,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of June 2nd, June 4th, June 9th, 1992. Duly adopted this 15th day of June, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None AbsentNone Abstain: (Councilman Monahan, June 2nd and 4th, Councilman Caimano June 9th) RESOLUTION HIRING VAN DUSEN & STEVES RESOLUTION NO.: 328, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury desires to employ a surveying firm to survey the parcel of land located at the Landfill, previously purchased by the Town from Finch Pruyn and Company, and mark lines and corners where possible, and WHEREAS, VanDusen & Steves has offered to render said professional services at an amount not to exceed $1,500.00 with the understanding that the services will be performed at an hourly rate and that the $1,500.00 figure cannot be exceeded without further Town Board authority, NOW, THEREFORE, BE IT RESOLVED, that VanDusen & Steves is hereby employed to provide the aforesaid professional services, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to forward for processing any and all bills for services rendered, upon the receipt of properly completed vouchers, and BE IT FURTHER, RESOLVED, that the expenditures shall be paid for from the Engineering/Surveying Account #001-1440-4403. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM REQUIRED SEWER CONNECTIONS RESOLUTION NO. 329, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury is authorized, pursuant to ~ 136-44.1 of the Code of the Town of Queensbury, to, upon request, waive the sewer connection requirement of ~ 136- 44 thereof or vary the time in which such connection must be made, provided that certain standards and criteria or conditions are met or demonstrated and provided that a certain procedure is followed, and WHEREAS, 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, Dorothy C. Chartier has applied to the Town Board of the Town of Queensbury for a variance and relief from that part of the law requiring sewer connections upon the grounds that: In excess of 250 feet - house is on northern side of property - septic system is on north side of property , and WHEREAS, the applicant has indicated that: The septic system - 1,000 gallon plus leach has no problems - use has always been by one person - owner, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on the applicant on July 6,1992, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Dorothy C. Chartier on property situated at 373 Ridge Road, Queensbury, New York, and bearing Tax Map No. 109-1-2, and BE IT FURTHER RESOLVED, that the hearing shall be on written notice to the applicant and said applicant shall be entitled to ten (10) days written notice, with the provision, however, that this notice may be waived by the applicant by affirmative action or by appearance at the time and place of the hearing, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish a Notice of Hearing in the official newspaper for the Town not less than ten (10) days prior to the date of the hearing, which Notice of Hearing shall be in a form substantially consistent with the Notice presented at this meeting. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None RESOLUTION APPROVING LANDFILL USER AGREEMENT REGARDING SEWER SLUDGE, BETWEEN THE TOWN OF QUEENSBURY AND THE VILLAGE OF LAKE GEORGE RESOLUTION NO.: 330, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, there is presented at this meeting an agreement between the Town of Queensbury and the Village of Lake George for the disposal of up to ten truckloads of sewer sludge at the Town of Queensbury Landfill on Ridge Road, and WHEREAS, the Village of Lake George has agreed to the terms and provisions of the agreement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the agreement and ratifies the execution of the Town Supervisor of the same, with the understanding that the same was inadvertently executed upon the advice of counsel, who thought a resolution had already been approved by the Town Board, and BE IT FURTHER, RESOLVED, that any funds paid by the Village of Lake George, in accordance with the terms and provisions of the agreement, shall be deposited in the appropriate Town of Queensbury Landfill Revenue Account. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None Discussion Held Before Vote Councilman Monahan-Noted in the resolution that there should be no bearing on the accounting with Glens Falls and Queensbury, that this is just income to Queensbury itself. Attorney Dusek-Noted that this could be checked with the Director of the Accounting Department. Mr. Salvadore-Questioned if the Towns involvement in this is because Queensbury is the Warren County Consolidated Landfill? Supervisor Brandt -Yes. RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO TITLE 5 OF ARTICLE 54 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW RESOLUTION NO. 331,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury, herein called the "Municipality" has hereby determined that certain work, as described in the state assistance application and any amendments thereof, herein called the "Project", is desirable and in the public interest; and WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law authorized state assistance payments to municipalities for closure of municipal landfills by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith, with the understanding that the application, if approved, will not result in any binding obligations until a contract is agreed to, NOW, THEREFORE, BE IT RESOLVED, by the Town of Queensbury: 1. That Michael R. Brandt, Supervisor, Town of Queensbury, is directed and authorized as the official representative to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required; 2. That one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid Waste, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-4010, together with the application; and 3. That this Resolution take effect immediately. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mr. Brandt NOES: None ABSENT:None RESOLUTION CONCERNING SETTLEMENT OF AMOUNTS DUE UNDER AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND BGH ENTERPRISES AND THOMAS 1. FARONE AND SON, INC. RESOLUTION NO.: 332, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, during February of 1987 an agreement was entered into between the Town of Queensbury and BGH Enterprises and Thomas 1. Farone and Son, Inc., a copy of the same as amended being presented at this meeting, whereby certain amounts were agreed to be paid by BGH Enterprises and Thomas 1. Farone and Son, Inc., in connection with the establishment of the Peggy Ann Water District, and WHEREAS, BGH Enterprises and Thomas 1. Farone and Son, Inc. paid certain amounts due thereunder, including an investment fee for 1987, as due under the agreement, but thereafter, bills were not rendered and payments were not made on further sums owed by BGH Enterprises and Thomas 1. Farone and Son, Inc., for investment fees owed under the agreement, due to difficulties with interpretation of the agreement as to amounts owed, and WHEREAS, the Town Attorney for the Town of Queensbury, working with outside counsel, has reviewed the agreement and has presented the Town Board with calculations and amounts that can be determined as being owed under the terms and provisions of the agreement, and WHEREAS, the Town Board of the Town of Queensbury has reviewed this matter with the Town Attorney and has determined that the appropriate sum to be paid by the developer to settle claims against the developer as a result of the agreement, would be $37,386.10, and WHEREAS, the developer has agreed to make this payment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes settlement of the claims against the developers in the amount of $37,386.10, and further authorizes the Town Supervisor to execute any other documents that may be necessary to indicate that the Town's claims under the agreement have been satisfied insofar as they relate to BGH Enterprises and Thomas 1. Farone and Son, Inc., and BE IT FURTHER, RESOLVED, that moneys collected pursuant to the agreement shall be paid into the appropriate Queensbury Consolidated Water District Accounts. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT Resolution No. 333, 92, Introduced by Mr. Michel Brandt Who moved its adoption Seconded by: Mrs. Susan Goetz WHEREAS, in connection with the operation of the summer Parks and Recreation program by the Town of Queensbury, Harold Hansen, Director of Parks and Recreation, has recommended to the Town Board that recreation activities be provided in various areas of the Town and WHEREAS, the Town of Queensbury is presently not the owner oflands in these various areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Parks and Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands in North Queensbury, West Glens Falls, and Glen Lake respectively to lease said lands for use in connection with the Town's sununer Parks and Recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 29, to August 21, 1992, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these three parcels of land and has found each to be suitable and appropriate for recreational purposes, and WHEREAS, it would serve a legitimate Town purpose to provide summer Parks and Recreational programs in North Queensbury, West Glens Falls and Glen Lake, and WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid three parcels of land for a period from June 29, 1992 to August 31, 1992 under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Michel Brandt, Supervisor, be authorized and empowered to execute said leases on behalf of the Town of Queensbury. Duly adopted this 15th, day of June, 1992 by the following vote: AYES Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES None ABSENT: None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO.: 334,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Thomas A. Wages, President of the Great Escape Fun Park, on behalf of the Great Escape, has requested permission to conduct a fireworks display as follows: SPONSOR: The Great Escape Fun Park PLACE: The Great Escape Fun Park DATE: July 4, 1992 TIME: 9:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provides: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None RESOLUTION AUTHORIZING PERMIT FOR FIREWORKS DISPLAY RESOLUTION NO.: 335, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, Galaxy Fireworks, Inc., on behalf of Karamatt Broadcasting - WKBE Radio Station, has requested permission to conduct a fireworks display as follows: SPONSOR: Karamatt Broadcasting - WKBE Radio Station PLACE: West Mountain Ski Center DATE: July 3, 1992 TIME: 9:30 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk, in accordance with the Penal Law of the State of New York, Section 405, is hereby authorized to issue a permit subject to the following conditions: A. An application for permit be filed which sets forth: 1. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. 2. The date and time of day at which the display is to be held. 3. The exact location planned for the display. 4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 5. The number and kind of fireworks to be discharged. 6. The manner and place of storage of such fireworks prior to the display. 7. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. B. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; C. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of West Glens Falls Volunteer Fire Co., Inc., D. Cleanup of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk of the Town of Queensbury shall, pursuant to the Penal Law of the State of New York, Section 405, provides: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker NOES: None ABSENT:None ABSTAIN:Mr. Brandt RESOLUTION TO AMEND 1992 BUDGET RESOLUTION NO.: 336, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1992 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1992 budget: PLANNING: FROM: TO: AMOUNT: 001-8020-4090 001-8020-4050 $ 500.00 (Conference Expense) (Books, Pubs. & Subscriptions) Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _, 1992 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY DELETING AND REPEALING CHAPTER 14 THEREOF, ETHICS, CODE OF, AND REPLACING IT WITH A NEW CHAPTER 14, TO BE ENTITLED, ETHICS AND DISCLOSURE LAW, WHICH CHAPTER PROVIDES FOR A REVISED CODE OF ETHICS, DISCLOSURE STATEMENTS, ETHICS ADVISORY COUNCIL, ETHICS BOARD, AND PENALTIES FOR NON-COMPLIANCE RESOLUTION NO. 337,92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury held a public hearing on April 6, 1992, on a proposed Local Law to Amend the Code of the Town of Queensbury by deleting and repealing Chapter 14 thereof, Ethics, Code of, and replacing it with a new Chapter 14 to be entitled Ethics and Disclosure Law, and WHEREAS, following the aforesaid public hearing, the Town Board of the Town of Queensbury directed that the Local Law be substantially revised, and WHEREAS, following the aforesaid revision to the said Local Law, the Town Board adopted a resolution setting a public hearing on the said revised proposed Local Law, entitled, "Ethics and Disclosure Law," and WHEREAS, on June 1, 1992, the aforesaid public hearing was duly conducted with regard to said proposed Local Law, and WHEREAS, following said public hearing, it was determined by the Town Board that some further revisions should be made to the Local Law before adoption, and WHEREAS, the aforesaid Local Law has been so revised, and the Town Board has determined that it would be appropriate to hold a further public hearing on the aforesaid Local Law as now revised, and WHEREAS, a copy of the proposed Local Law entitled, "A Local Law to Amend the Code of the Town of Queensbury by Deleting and Repealing Chapter 14 thereof, Ethics, Code of, and Replacing it with a New Chapter 14, to be Entitled, 'Ethics and Disclosure Law,' Which Chapter Provides for a Revised Code of Ethics, Disclosure Statements, Ethics Advisory Council, Ethics Board, and Penalties for Non- Compliance," as amended, has been presented to the Town Board on this date, 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 20th day of July, 1992, to consider said Local Law No. _, 1992 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, that the Town Board hereby determines that the action proposed to be taken herein is not an action as defined under the State Environmental Quality Review Act or is it a Type II action thereunder and no further SEQRA review is therefore necessary, and 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. _, 1992 in the manner provided by law. Duly adopted this 15th day of June, 1992, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES: None ABSENT:None DISCUSSION HELD 7:40 P.M. Anthony Meresko-Spoke to the Board regarding a small road located off of Sweetbriar Lane...Attorney Dusek noted that there is a paveed portion of the road which is approximately eighty feet and another eighty feet which is not paved, but considered Town property because of a deed to the Town back in 1975...The question is what the Town can do to this in terms of it's legal options...Also noted he has researched all avenues of this problem...Noted that there are three options the Board could consider...One, is to pave it, two to obtain releases, or three is to leave it the way it is...Has a call into an Attorney who knows the background on this kind of situation, will try one more effort...It was the consensus of the Board the best solution to this problem is to leave this matter the way it is. Discussion held on the roads along Dunhams Bay...Attorney Dusek noted he has done more research on this...Noted the issue is Dunham's Bay Road, which is a small road that cuts down from Route 9L pass the Dunham's Bay Boat Company and then back up to Route 9L...That's one of the issues, that Route 9L was installed in the 1930's by New York State and modified in the 1960's, and several portions of the old road were not used by DOT....Found that the old part of the State road if they were parts of State roads they remain under State ownership unless or until the State issues an order of abandonment. If they do this the roads then revert down to the next lower form of government. If it's a County road it goes to the County, if it's a Town road it goes to the Town...It is not unusual for them to have not issued orders of abandonment...Noted this only works if it was a State road to start with....Attorney Dusek has spoken with Leon Steves, it's a possibility that this could be a Town road...Ifthis is the case then the Town still has control over it...he hasn't gotten to the final step as to whether it's a Town road or a State road...This is a very involved matter he will be talking to someone from New York State regarding this matter. Mr. John Schreiner-Questioned the Board regarding the surveying of the Dunham's Bay. Attorney Dusek-Noted that there was money allocated for the surveying of the road. The surveyor did part of the work then it came to the point of the question of the State's right over the Town's rights. Would like the chance to talk to the Attorney to see what he can add to this. Mr. Schreiner-Representing Mr. Shortsleeves. Spoke to the Board about the existing problem of parking along Dunahms Bay, he has been trying to get handicapped parking for Mr. Shortsleeves and that Mr. Shortsleeves access to his property is still being blocked and that he has no place to park on his property...Attorney Dusek noted that there was a verbal agreement that the neighbors would work this out, noted it did work for a while...Councilman Caimano noted that he will try taking care of this matter. OPEN FORUM 8:00 P.M. Mr. John Salvadore-Dunhams Bay, Queensbury. Owner of Dunahms Bay Lodge. Spoke to the Board regarding the ownership of the Town Road at Dunhams Bay, requested the abandonment of this portion of the road... Spoke to the Board regarding the library district. Questioned if it takes a majority of votes in each of the municipalities to pass this... Supervisor Brandt, yes...Mr. Salvadore spoke to the Board regarding the Lake George Park Commission Stormwater and Wastewater Regulations. Questioned the status and the intent of the Board regarding this... Supervisor Brandt noted a discussion was held with Lake George Park Commission. The Town asked for a period of time to hire the new planner and then address this issue...Noted that they haven't taken a stand as a Board regarding this matter... Councilman Monahan noted that the approach would be to get the best deal that they can for the residents of Queensbury. Mr. Karl Schroeder-Old Forge Road, Queensbury. Spoke to the Board regarding a problem that he had brought to the Board's attention two months ago regarding traffic on Peggy Ann Road and Old Forge Road...Noted that it is posted and the speed limit goes from 45 m.p.h. to 35 m.p.h., but the people aren't complying with this. Recommended making the signs larger or to relocate them...Requested the Board to put in a three way stop sign at this intersection...It was the decision of the Board to contact Paul Naylor, Highway Superintendent to receive input regarding this matter. Mr. David Kenny-Resident Town of Queensbury. Spoke to the Board regarding a possible sewage handling facility on Pickle Hill Road that could happen in the Town. Concerned that the government may not be doing an EIS before this happens, asked the Town Board to take action regarding this... Supervisor Brandt, noted that he doesn't have alot of information regarding this as of yet, but will gladly address this...Attorney Dusek noted that it's not a question that the government did not follow the SEQRA process, they did follow the SEQRA process, the issue is whether or not when they followed the process they correctly issued a negative declaration or whether they should have done an environmental impact statement... Stated the first thing to do is to understand what they've done, where their at in the process, and where they anticipate going in this sewage handling facility. Dorothy Burnham-Boulderwood Drive. Spoke to the Board about a zoning problem on a piece of property that has been going on since 1983-1984 in her area. Asked the Board when can they expect to have a meeting and something done about this problem... Supervisor Brandt stated that the Town has limited resources and he would like to put an effort towards a town plan that can work with landowners, that keeps landowners happy, that gets them involved and to take part in it. Attorney Dusek-Spoke to the Board regarding the D & H Railroad. Noted that they should respond to DOT by July 1st. It was the decision of the Board to enter into Executive Session to discuss one matter and then to adjourn and come back and hold a workshop on the D & H Railroad. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 338, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss attorney/client privilege, and potential litigation. Duly adopted this 15th day of June, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent:None RESOLUTION TO ADJOURN EXECUTIVE SESSION RESOLUTION NO. 339,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 15th day of June, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 340, 92 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Audit of Bills appearing on Abstract June 15th, 1992 and numbering 92239700 through 92267400 and totaling $319,156.41 is hereby approved, and BE IT FURTHER RESOLVED, that voucher #2030, Employee Assistance Program to be held for further review to be released by authorization from the Supervisor. Duly adopted this 15th day of June, 1992, by the following vote: Ayes: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt Noes: None Absent:None Abstain:(Councilman Goetz voucher 00275, Ray Supply, Councilman Caimano, voucher #00127, G.F. Newspaper) ATTORNEY MATTERS 1O:IOP.M. Attorney Dusek-Spoke to the Board regarding a copy of a letter that went to the Planning Board from Attorney Michael O'Connor on behalf on Herald Square, the Passarelli development. Noted that Mr. Passarelli has offered certain property to the Town for dedication...Attorney Dusek questioned the Board if the Planning Board has contacted them regarding this matter...Board members noted no official recommendation has been made as of yet. Attorney Dusek to contact Harry Hansen...Attorney Dusek spoke to board regarding the Health Insurance Waiver Form...Noted that the contract that was agreed to in December has a provision that says, the Town will pay $95.00 a month for employees who waive insurance benefits. Questioned the Town Board as to what insurance's they want included under this wavier agreement. It was the decision of the Town Board to have Kathleen Kathe look into this matter to see how many employees would be interested in signing the waiver agreement. Workshop Held on the D & H Railroad. Councilman Caimano excused himself from the meeting. No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury