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1990-09-17 142 X 54 JA TOWN BOARD MEETING SEPTEMBER 17, 1990 7:30 p.m. BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR GEORGE KUROSAKA-COUNCILMA;_ MARILYN POTENZA-COUNCILMAN', BETTY MO N B AHAN-COUNCILMAN BE TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Paul TJaylor, Dave Hatin, Kathleen Kathe PRESS: Channel 8, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA hers from Spain with presentation of Supervisor Borgos Welcomed Exchange Students, Teac Proclamation and gifts. PUBLIC HEARING -PROPOSED LOCAL LA W --SHERMAN ISLAND ROAD - NO PARKING NOTICE SHOWN 7:47 P.M. GOS-We declare this Public Hearing open. Is there anyone who wo�ong SUPERVISOR BOR uesubl is about, the concern for the no parking to speak to us for or regulation? ask Plequestions se identify yourself, name and address and then say Sherman Island Rood whatever you would like. Candleberry Drive, off of Sherman Island Rood. I Qietedthat s adequate ROBIN BREWER-Hi, for now which have already been placed, oweof roods have already any cars that do pork nand at this particular enough at this particular point. time, I feel as though we should go with the markings. public hearing tonight, but SUPERVISOR BOR GOS-Okay and that is t the this of you on't think that there is its appropriate that you talk about it need now for the no parking signs• just eel as though, there's 2 clear MRS. BREWER-Definitely not, at this particular point. I j f either side of the rood, there's a double yellow center tocsayswhi�h side because white lines on ei down th what was necessary. Really, all we need is o strip going to pass there and it's a double yellow resldential,'just homes. I feel as thong which nobody ►s g 9 it's sufficient, in the sense, the no parking signs .•• ► s COUNCILMAN MONTESI-Would the no parking help in the event of visually from the corner Rood in, b not all anyone to park there, would it not be better or does anybody of Corinth R Y park there? nd down many times during the day and I've never found it even MRS. BREWER-I drive up a being parked a problem. I've never come across cars d on Sherman Island Rood. Highway guy was r. Naylor, the COUNCILMAN MONTESI-I think one of that visibility wosMmain ained t that intersection. thinking about, was probably to make sure something unnecessarily, you know BREWER- I think that's clearly done with the i oad. Mr. Naylor has clearly outline MRS. BREW 9 articular time, there's slot of no parking the road in that respect. I just feel as though the sign issue, it I'm riding down Corinth Road and 1 find, right of this p a different situation than ours. from exit 18 all the way down to city limits and to me its like a bombarding signs f just becomes o little bit too much in that sense g ark there for their chi yen COUNCILMAN POTENZA-Robin, do cars pork there, parents p to get on and off the bus? MRS. BREWER -Parents, its hard for me to soy because I'm also a school teacher and I comf back later on. COUNCILMAN POTENZA-Okoy, Wright. COUNCILMAN KUROSAKA-That's not technically parking, that's loading and unloading. 143 MRS. BREWER'-I've seen cars on the ... property off the road. the COUNCILMAN POTENZA-My concern is and several o t heeeintersections pick up the where I live children when residential areas that 1 live, porrnts park there for they get off the bus or when they put them on the bus and I think Island Road and I was just particular intersection is the visibility coming on and off Sherman concerned as to perhaps that may be a problem at a particular time of day. MRS. BREWER-That would be hard for me to answer, again because I'm not in at that particular time. COUNCILMAN POTENZA-Obviously the signs wouldn't prevent that anyway. MRS. BREWER-No, really if somebody is parking, what you would need to do is just ticket somebody. on a bus, COUNCILMAN KUROSAKA-If a woman is dischon9rbecausecshe's still in the car or available. its not called parking. That's loading and unloadr g parking is to prevent So that's not parking, it doesn't effect that. The main idea of the no p ens to stop end anybody from parking that doesnsale live somebody realize and just tha�pmoves in. We're park their car there for an hour, looking at the future rather than right now. is MRS. BREWER-1 understand. I think what you're thinkkingtOffs know 1 feel as right ont thing nth Road up, you the issue of the whole Sherman Island Rood n the 1 as though maybe you're jump he g gun too much in that respect. I feel as though it would become more like visual p ollution. COUNCILMAN KUROSAKA-You have o very dangerous intersection, 1 don't think we would be jumping the gun on you, I think we're a little behind in MRS. BREW ER-Yea, but going in the wrong direction. Not the wrong direction, that's a port of the petition but ... myself. Because COUNCILMAN KUROSAKA-1 think the no parking is a good thing for that too, my f• COON ark and put their. wheel on the pavement and you're going to narrow some people unthinkingly p your pavement. ' just stating my opinion, basically. MRS. BREWER-As a resident who lives there, I m j that come COUNCILMAN K UROSAKA-People do that, not the people who live there, people in, soles people, other people. it is a would just hate to see driving onto Sherman island Roodvisually W�tht° MRS. BREWER-But 1 he I street, 1 like to see the houses, the greenery, I don't want it to polluted lot of signs. parking which is ens every time we get a request for no p 9 SUPERVISOR BOR GOS-This happ parking and really the only have to be every thirteen an attempt to improve safety• People come in and ask for no prohibit arking under the law is to erect signs and they way we can proh p hundred feet. Is that right Mr. Naylor? PAUL H. NA YLOR, Highway Superintendent-Fifty feet, the no parking. are fifty feet. There are lots of no parking signs now along Aviation SUPERVISOR as can be but that's the only way we con enforce no parking. That's Road and they ore ugly the low. just don't feel as though there was any parking that I'm aware of and I do MRS. BREWER-I lu parking live there, I mean 1 travel that road many times o day and I don't seep on Sherman Island Rood. COUNCILMAN KUROSAKA-There's people who live there o now thOSe hoeusesnand not'sggoenga on, but you have to understand lease.somebody That's wh t we're worried about. hoot and park where they damn p MRS. BREWER-But can't we encounter that situation later down the nd we may say, you turned COUNCILMAN KUROSAKA ttyou come in later and ask for it that down lost time you asked for 144 MRS. BREWER-Well that would be, 1 mean I'm just stating what I'm feeling ►iow. SUPERVISOR BORGOS-Thank you. Is there anyone else who wishes to speak for or against or ask questions about? Mr. Naylor would you identify yourself please? For those of you who are here from Spain, pay particular attention. This is o very colorful member of our community. PAUL H. NAYLOR, Highway Superintendent, Town of Queensbury-I'm for it, the no parking. SUPERVISOR BORGOS-Would you tell us why please? MR. NAYLOR-Well for liability reasons. Right, Paul? (Dusek) We went out there as you know, some of the folks have been in here, we looked at the situation and we looked at all ways, upside down and backwards. No parking is the way to go. In case somebody gets foolish, y we'll stop them from being foolish. Even if they do it just to pick up o kid on a school bus or whatever. I don't think they'll get a ticket for it but at least the signs ore there. COUNCILMAN KUROSAKA-They won't get a ticket for loading and unloading, you'll get a warning ... MR. NAYLOR-Well for the record, I'm for it. COUNCILMAN KUROSAKA-Thank you. SUPERVISOR BORGOS-Thank you. Anyone else who wishes to speak? Do any of the Board members have any comments. COUNCILMAN KUROSAKA-I'm for it too. SUPERVISOR BORGOS-You are in favor? COUNCILMAN KUROSAKA-i'll support Mr. Naylor. PUBLIC HEARING CLOSED PUBLIC HEARING - PROPOSED LOCAL LAW - SHERMAN ISLAND ROAD - TRAFFIC MARKINGS NOTICE SHOWN 7:55 p.m. — SUPERVISOR BORGOS-At this time I'd like to open the public hearing on the proposed local law dealing with Sherman Island Road, markings. Anyone wish to speak for or against or ask questions about the proposed markings on Sherman Island Road which I just heard has already been accomplished? We could always use block point and wipe it out. Anyone wish to speak about this at all? MR. NAYLOR-To make a long story short troops, we had the point truck in Town and legally it gets a little shaky. You don't need, really, your okoy to do it but for future and ever and ever and ever, you kind of need a low to put it in the books forever. In case I drop dead, somebody else is in here and they don't want to point it, they'll be able to look back on tonight and see where you guys passed a resolution, a local law that said for ever and ever and ever, you've got to point that road. COUNCILMAN KUROSAKA-It's already painted now? MR.' NAYLOR-Yes. Well we had to do it because the paint truck was in Town. I called my attorney and he said, well there will be snow on the ground maybe before we get this done but we'll get it done. You know how lows ore and attorneys. COUNCILMAN MONTESI-Okay, that makes sense. SUPERVISOR BORGOS-Anyone else wish to speak for or against or ask questions about? No one spoke ... PUBLIC HEARING CLOSED 7:59 p.m. RESOLUTION TO ENACT LOCAL LAW NUMBER 12, 1990 REGULATING PARKING ON A PORTION OF SHERMAN ISLAND ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO. 523, 1990, Introduced by George Kurosako who moved for its adoption, 14 -0 seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Low to regulate parking on a portion of Sherman Island Rood in the Town of Queensbury, and WHEREAS, a copy of the proposed Local Low entitled "A Local Law Regulating Parking on a Portion of Sherman Island Road in the Town of Queensbury," has been presented at this meeting, a copy of said Local Low also having been previously given to the Town Board, and WHEREAS, on September 17th, 1990, a public hearing with regard to this Local Low was duly conducted, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Low to regulate parking on a portion of Sherman Island Road in the Town of Queensbury, to be known as Local Low Number 12, 1990, the some to be titled and contain such provisions as ore set forth in a copy of the proposed Local Low 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 Low with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Low and that said Local Low will take effect immediately and as soon as allowable under law. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None , LOCAL LAW NUMBER 12, 1990 A LOCAL LAW REGULATING PARKING ON A PORTION OF SHERMAN ISLAND ROAD IN THE TOWN OF QUEENSBUR Y BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on a portion of Sherman Island Road in the Town of Queensbury. 2. Definitions: For the purpose of this Local Low, the words "Motor Vehicle," "Vehicle," "Person," and "Park" shall have the some meaning as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. 3. No Parking on Sherman Island Rood in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no persons shall park a motor vehicle or other vehicle for any period of time on or on.either side or in the right-of-way: A. All that piece or portion of Sherman Island Road in the Town of Queensbury, County of Warren, State of New York, lying or existing between the intersection of said Rood and County Route 28 also known as Corinth Road and the intersection of Sherman Island Road and Cond/eberry Drive, said area being more specifically described as all that piece or portion of Sherman Island Road, both sides thereof, and right-of-ways thereof, beginning at the intersection of County Route 28, also known as Corinth Rood, and then proceeding from said intersection in a southerly direction, to a point where said Sherman Island Road intersects the northerly most edge of pavement of Condleberry Drive and projected line thereof which proceeding in a westerly direction would cross Sherman Island Road at that point. 4. Penol ty: 146 Any person violating any provision or paragraph of Section 3 of this Local Low, shall, upon conviction, be punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit, or proceeding, to prevent, restrain, correct, or abate any violation of this Local Low. 5. This Local Low shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION TO ENACT LOCAL LAW NUMBER 13, 1990 PROVIDING FOR THE ESTABLISHMENT OF TRAFFIC MARKINGS AND REGULATING OF TRAFFIC ON SHERMAN ISLAND ROAD IN THE TOWN OF QUEENSBUR Y RESOLUTION NO. 524, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi. -- WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Low providing for the establishment of traffic markings and regulation of traffic on a portion of Sherman island Rood in the Town of Queensbury, and WHEREAS, o copy of the proposed Local Low entitled "A Local Low Providing for Establishment of Markings and Regulating of Traffic on a Portion of Sherman Island Road," has been presented at this meeting, a copy of said Local Low also having been previously given to the Town Board, and WHEREAS, on September 17th, 1990, a public hearing with regard to this Local Low was duly conducted, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Low to establish traffic markings and regulate traffic on a portion of Sherman Island Road in the Town of Queensbury, to be known as Local Low Number 13, 1990, the some to be titled and contain such provisions as are set forth in a copy of the proposed Local Low 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 Low with the New York State Secretary of State in accordance with the provisions _ of the Municipal Home Rule Low and that said Local Low will take effect immediately and as soon as allowable under low. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NUMBER 13, 1990 A LOCAL LAW PROVIDING FOR ESTABLISHMENT OF MARKINGS AND , REGULATING OF TRAFFIC ON A PORTION OF SHERMAN ISLAND ROAD BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. 1. Purpose: The purpose of this Local Law is to provide for the establishment of markings and regulation of traffic on a portion of Sherman Island Rood. 2. Definitions: For the purpose of this Local Low, the words "Motor Vehicle," "Vehicle," "Person", and "Pork" shall have the some meaning as set forth for the definitions of such words in the Vehicle and Traffic Low of the State of New York. 3. Establishment of o Double Yellow Line on a Portion of Shermon Islond Road. There shall be, as a result of this legislation, o marking, a double yellow line if appropriate, placed on that portion of Sherman Island Rood in the Town of Queensbury, County 14 "7 of Warren, State of New York, lying or existing between the intersection of said road and County Route 28 also known as Corinth Road and the intersection of Sherman Island Road and Candleberry Rood.' The said marking shall be of the nature and placed in the manner provided for by the laws of the State of New York and the rules, regulations, or laws of Warren County or the Department of Transportation of the State of New York, and shall be the appropriate marking which indicates that overtaking, passing, or driving to the left of or crossing such marking would be especially hazardous. 4. No Crossing of Marking Placed on Sherman Island Rood. No person operating motor vehicles of any kind of shall allow said vehicle to cross over the markings established by this Local Low and shall otherwise operate their said vehicle in accordance with the lows, rules, and regulations of the State of New York, County of Warren, Town of Queensbury, and Department of Transportation of the State of New York. 5. Penalty. Any person violating any provision or paragraph of this Local Low, shall, upon conviction, be punishable as provided by the Vehicle and Traffic Low of the State of New York. 6. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 525, 1990, Introduced by Marilyn Potenzo who moved for its adoption, seconded by George Kurosako. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Regular Session of the Town Board and enter as the Queensbury Board of Health. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosako, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING -SEWER VARIANCE - MARTHA L. AND MICHAEL HOGAN NOTICE SHOWN 8:03 p.m. SUPERVISOR BORGOS-Is there anyone here who wishes to speak for or against this situation. MICHAEL O'CONNOR-Mr. Supervisor, ladies and gentleman, I'm Michael O'Connor from the Low firm of Little and O'Connor, I'm here to speak on behalf of the applicants Michael and Martha Hogan, with me is Raymond Irish who is the consulting engineer on this particular project. What we have before you is on application for o variance for a portion of the sewer ordinance as to the separation for a holding tank from the foundation of the residence on the lot that we're speaking of. First before we get to the actual separation, let me speak of why we're talking about o holding tank. This is a piece of property on Glen Lake. It is a small lot. On it exists now a 3 bedroom summer residence that the people wish to convert that to a year round residence. In order to do that as part of the site plan review, we must have a certification from an engineer that the septic system will support that type use on that particular lot. The lot is of such a size that you can not under our present ordinance put a full septic system within the lot confines. One boundary that we're talking of is 95 feet in length in total from the lakeshore, the other one is 106 feet, so if you maintain your i 100 foot setback, you just wouldn't be able to put a septic system on that lot. COUNCILMAN KUROSAKA-You'd be into the next lot. MR. O'CONNOR-Well, I think you've even got to go beyond that a little bit. So you've got to go to a holding tank. The separation distance that we're talking about is the separation distance from the foundation of the residence. The ordinance says that there will be a 10 foot separation. We are saying that the location that we propose is the only site or only portion of the site where you can put the holding tank, we're saying that what we are suggesting is not a substantial variation because this residence is going to be built on a slab so we're talking about not a foundation in the normal sense that the ordinance speaks. it's not going to be 148 21 feet from a basement, it's going to be 21 feet from the frost wall of the slob. That basically is what it is. Mr. Irish is here and I'm sure can answer better than I can, any of the technical questions with"regard to the septic system. COUNCILMAN MONTESI-My only question is a holding tank is a fine way of handling, especially this close to the lake. Is there going to be on alarm system on this holding tank so that in the event that its full ... MR. O'CONNOR-i do know enough about that but I'll have Roy address it probably. There is on alarm system. It first goes off and then secondary to the alarm system is it shuts off the water supply to the house long before you even reach your full capacity. COUNCILMAN KUROSAKA-Ron, we hove on ordinance for that and Dave is going to enforce it. MR. O'CONNOR-As I understand how it operates, is it about half capacity when the first alarm? Why don't you speak directly about it. RAYMOND IRISH, Consulting Engineer-Yes as Councilman Kurosoka pointed out, the ordinance requires a complex system which includes one light going on when you're fifty percent full and when the tank gets up to a higher level, it actually shuts everything off, you can't actually get water so you won't hove more water going to the system. COUNCILMAN MONTESI-Okay. COUNCILMAN KUROSAKA-I'm quite certain Mr. Hotin wouldn't let them put in on illegal system. SUPERVISOR BORGOS-Thank you. Anyone else who wishes to speak about this? COUNCILMAN MONAHAN-Michael, do I understand you to say a new house is being built there? MR. O'CONNOR-Yes, a house on the existing foundation. COUNCILMAN MONAHAN-Okay but it's no up yet. A new bathroom is going in so we can require water saving devices in the bothroom.li without causing them any problems? MR. O'CONNOR-1 don't know if you honestly can require but it is port of the plan. It is submitted on the plans that have been submitted here which are port of the site plan review. SUPERVISOR BORGOS-We typically for this type of situation like the one lost year or so, we typically have inserted that as o condition near the lakes. COUNCILMAN MONAHAN-Yes, around the lokes. MR. O'CONNOR-1 think its a very good idea. I think its a particular good idea here for these particular applicants because they're going to be paying by the gallon a rather hefty fee for removal of the water so its in their better interest to make it as minimum as they can. COUNCILMAN KUROSAKA-Three and a half is legal in the State. COUNCILMAN MONAHAN-1 know but we require on the lake to go to 1.5 ... COUNCILMAN KUROSAKA-1 know, what I'm saying is better for them to pump 11 than 31. COUNCILMAN MONAHAN-And water saving showerheods. MR. O'CONNOR-We have no objection to that. It's our understanding that that's how we designed the system. SUPERVISOR BORGOS-Any further comments or questions? Seeing no hands ... i PUBLIC HEARING CLOSED 8:08 p.m. —� RESOLUTION APPROVING VARIANCE REQUEST OF MARTHA L. AND MICHAEL HOGAN RESOLUTION NO. 12, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, Martha L. and Michael Hogan previously filed a request for o variance from certain 149 provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, those requiring that there be a 10 foot separation between the septic tank and the dwelling, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on September 17, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Martha L. and Michael Hogan, allowing a 2.5 foot separation between the septic tank and the dwelling, and a. that there ore special circumstances or conditions which justify allowing the 2.5' separation between the septic tank and the dwelling in that the lot size is too small to accommodate the 10' distance required, and b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, C. that the Local Board of Health finds that the granting of the variance is necessary for the_reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant, and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, that a 1.5 or 1.6 water saving closet and shower head be installed. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 13, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Low, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Frank W. and Kathleen V. England hove applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: "Horizontal separation distance from wastewater sources, as provided for in Appendix A, Table 1, must be met. The separation distance required for holding tanks shall be the some as required for septic tanks", APPENDIX A TABLE I HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE(o) COURSE(c) DWELLING LINE AND TRIBS. 150 Absorption Field It 20' It It It r It It n If It and WHEREAS, Frank W. and Kathleen V. England hove indicated a desire to place the absorption field 14' from a dwelling (goroge) rather than placing it at the mandated 20' distance, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 1st, 1990, at 7:30 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 Frank W. and Kathleen V. England to place an absorption field 14' from the dwelling (goroge) on property situated on Hillman Road, Queensbury, New York, and beoring tax mop no.: Section 12, Block 3, Lot 34. 7, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by low, and authorized to moil copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 77th day of September, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 14, 1990, Introduced by Marilyn Potenzo who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Craig and Barbara Meade have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: "Horizontal separation distances from wastewater sources, as provided for in Appendix A, Table 1, must be set. The separation distance required for holding tanks shall be the some as required for septic tanks", APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL OR LAKE OR WASTEWATER SUCTION WATER PROPERTY LAKE GEORGE SOURCES LINE(a) COURSE(c) DWELLING LINE AND TRIBS. u it Seepage Pit 150' It It It It "_J rr It It It It it and WHEREAS, Craig and Barbara Meode hove indicated a desire to place the seepage pit 95' from the well and 90' from a neighboring well, rather than placing it at the mandated 150' 151 distance, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 1st, 1990, at 7:30 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 Craig and Barbara Meade to place the seepage pit 95' from the well and 90' from a neighboring well on property situated on Rockwell Road, Queensbury, New York, and bearing tax map no.: Section 54, Block 6, Lot 10, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to moil copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenzo, Mr. Montesi Mr. Borgos Noes: None Absent: None Abstain: Mrs. Monahan RESOLUTION TO ADJOURN FROM THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 15, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Queensbury Board of Health adjourn to Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None QUEENSBURY TOWN BOARD OLD B USI NESS- TOOME Y PR OPER T Y CONTINUED HEARING LEFT OPEN SUPERVISOR BORGOS-When lost we met we gave the Toomeys a period of time in which to take some action or to notify us if they didn't. They were supposed to, I believe file for a variance request some time during last week. DAVE HA TIN, Director of Building & Codes-1 received a phone call from Kevin Toomey related to it, some information about a variance and what would be needed, to my knowledge and I didn't confirm with Pat today, but they haven't filed for anything. COUNCILMAN MONAHAN-1 thought we gave him a little more than a week. SUPERVISOR BORGOS-1 think he said he would file certainly within lost week and if for some reason he wasn't going to then he would comply with the shorter time frame that we gave him, which was 30 or 60 days but I don't recall exactly. Questioned whether the Attorney or Clerk could recall. ATTORNEY DUSEK-Darleen (Town Clerk)seems to think your statement is accurate. I thought it had been on for consideration tonight and the hearing was carried over and left opened. COUNCILMAN KUROSAKA-He was supposed to come back and tell us what he did or do something. SUPERVISOR BORGOS-Questioned whether Mr. Hotin could double check with his office 152 to make sure nothing has been submitted today. MR. HATIN-''Agreed to make phone call to Pat Collard. COUNCILMAN KUROSAKA-He's been told to do things and for 2 years he's been stolling. COUNCILMAN MONTESI-We still held the hearing open so we con take action tonight and start the clock on the 30 day ... COUNCILMAN POTENZA-The clock is still ticking on the 30 days, is it not? ATTORNEY DUSEK-It starts from the time you serve them with the notice except my advice to the Board would be to consider the fact that there has been some dialogue going back and forth and perhaps it would be a good idea to adopt a firm resolution indicating when the work should be started and completed by just so there's no misunderstanding or claimed _ misunderstanding at a later date. COUNCILMAN MONTESI-We really need to do that if we're going to do that with some degree of expediency so we don't we have to deal with the fact that the snow storm stop any work. SUPERVISOR BORGOS-1111 recommend that we go to Open Forum now and wait for Mr. Hatin to return from his attempt to contact Pat with the needed information. OPEN FORUM 8:15 p.m. MICHAEL O'CONNOR-At your lost meeting I spoke regarding no parking on Glen Lake Road. I would again ask the Board to consider that. After the meeting lost time we were here, we did meet with Paul Naylor. I understand that Mr. Naylor did look at that and was going to report to the Board. SUPERVISOR BORGOS-Read letter from Mr. Naylor stating that he has made an inspection of the Glen Lake Road near the Docksider regarding the no parking proposal and feels that the no parking is the best solution. COUNCILMAN MONAHAN-No parking from where to where? MR. NAYLOR-From St. Mary's Bay to the bike trail on both sides of the road. TOWN BOARD agreed and made request for resolution setting public hearing for proposal of Local Low regulating no parking on Glen Lake Road for next Town Board meeting. RETURN TO TOOMEY HEARING MR. .HATIN-Noted he had spoken to Pot Collard and she knows nothing about it. There's a possibility that he's has submitted something to the Planning Department. COUNCILMAN POTENZA-At the previous Board meeting you were not here but i understand that you and Mr. Montesi met with Mr. Toomey and that it was your recommendation that the steel girders be removed, the cement slab remain and the rest of the property graded and seeded. It would be my suggestion that we follow through with those recommendations. Mr. Toomey was aware of what the Department Head and the Board recommended. MR. HA TIN-The variance seemed to be the least of his options that he was considering that day. COUNCILMAN MONTESI-We tried to. let him know realistically what he was in for with a variance procedure and a site plan review and I think at that time, he said maybe I will try it. We said okay, if you're going to do it, you're going to hove to take action within pretty quick, within a week because we're not going to sit on this any longer. I feel we have played around this for a long time and if we're going to take action tonight and give him a time frame, I think we have to put some teeth into this thing and say, if it isn't done by this date, the one threat that we used before that seemed to work very well is, we will do it and put it as a lean on the property. We need to automatically at the end of 30 or 60 days, if it isn't done than we should do it. SUPERVISOR BOR GOS-1 want to be very careful that we don't go against what we said the last time. TOWN CLERK DOUGHER-Steve, I've just found the resolution on it, Resolved that the Town Board of the Town of Queensbury hereby wishes to continue the hearing on the Toomey Property at the meeting of September 17th. 153 TOWN BOARD agreed to the following resolution: RESOLUTION+REGARDING CLEANUP OF TOOMEY PROPERTY RESOLUTION NO. 526, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenzo: WHEREAS, the Town Board of the Town of Queensbury by previous resolution of this Board has determined that certain property should be repaired or otherwise cleaned up to remove certain debris, burnt trees and other items on said property and WHEREAS, in accordance with that resolution a notice was served upon Mr. Toomey, the purported owner of said property with the property bearing the Tax Map No. 54-3-20 and WHEREAS, the Town Board of the Town of Queensbury has previously held over and continued its hearings on this matter to tonight, NOW, THEREFORE BE iT RESOLVED, the Town Board of the Town of Queensbury hereby orders that its previous order of the Board shall remain in full force and effect as to the directions contained therein concerning clean up of the property except to be modified as follows: 1. The property shall be repaired and or cleaned up in accordance with the letter or memorandum of Dave Ho tin, dated September 7th 1990. 2. The time schedule shall be such that within 30 days from September 17, 1990 work shall commence on the clean up and repair of the property as sighted above and shall be completed within 60 days from this date September 17, 1990, and BE IT FURTHER RESOLVED, that the Board notes that this is a matter that has continued for sometime and has been discussed with the Toomey's on a number of occasions of a period of years and that the Board desires that this matter now be resolved, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby puts Mr. Toomey and or other owners of the property on notice that should the repairs or clean up of the property not be completed within 60 days that the Board will undertake to arrange for the clean up itself. Duly adopted this 17th day of September, 1990 by the following vote: Ayes: Mr. Kurosako, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent:None Abstain: Mrs. Monahan ATTORNEY DUSEK-My office will arrange to serve them personally a certified copy of this resolution including a letter transmitting to them the original notice, the original resolution so that they have the whole package so that there will be no misunderstanding. OPEN"FORUM CONTINUED 8:35 p.m. PLINEY TUCKER, Word 4-Questioned the contract between the Town of Queensbury and the Warren County Sheriff's Department. SUPERVISOR BORGOS-Noted that he had read through the contracts and would like to review with our Town Attorney for legal advice. MR. TUCKER-Noted that he had attended the Zoning Board of Appeals Meeting that was held recently and the Town Board and the Residents of the Town should be proud of them. Referred to the affordable housing project that was before the Zoning Board, that they got the answers that they were looking for and I was happy with the end result. Noted that the affordable housing figures, payments on the house including taxes, insurance, mortgage are going to amount to 700 dollars a month, 4500 dollars down, whether they get the 25,000 or 154 not. Noted to Mr. Kurosoko the nice letter in the paper, answering olot of questions. Referred to the position that Mrs. Pulver has on the Board and the situation she is in, noting o conflict of interest. My personol feeling is that should she be asked to resign from the Board or removed from the Board. SUPERVISOR BORGOS-Have you discussed this with Mrs. Pulver? MR. TUCKER-No I have not. SUPERVISOR BORGOS-1 recommend that you might wont to do that, in the respect that as you may or may not know, the Town Board appoints the members of these Boards. It is my understanding that none of the members can be easily removed and perhaps inappropriate for us to request the resignation. However you as o member of the public wish to make a statement of any sort to the individuals involved, that perhaps would be appropriate. COUNCILMAN MONTESI-Noted that the law makes it very difficult to remove someone from a Board. We can recommend that on individual not vote on a particular issue or disqualify yourself from that particular hearing and not participate in the discussion. COUNCILMAN MONA HA N-Questioned who would sit as the Board of Ethics. ATTORNEY DUSEK-1 believe and I would have to go back and check the low but I believe the Town Board that would sit as the Board of Ethics. COUNCILMAN MONAHAN-So o formal complaint can be brought that somebody has done an action that does not comply with our code of ethics? ATTORNEY DUSEK-Would like to note that there was some kind of consultation the night that some decision was made with the Deputy Town Attorney at that meeting or before that meeting or some time around that time period where by which Mrs. Pulver reached a decision that she felt she could vote. So I think Mrs. Pulver in the first instance did attempt to take the right steps and I think what has happened here is there has been a reconsideration. I think its important to note that in my opinion I have recommended that she not participate in any further matters related to this although I don't know that I've really said there is o particular conflict. i issued the type of legal opinion, that it is my recommendation after considering all facts, considering lows, recommendations, that she not sit and listen to this particular matter. I believe at this time the Deputy Town Attorney agrees with my opinion I rendered and I have not heard from Mrs. Pulver to indicate that she disagrees. MR. TUCKER-If I were to go before a Board, any Board and I felt that some member on the Board was going to be detrimental to what I was looking for, con I challenge them? SUPERVISOR BORGOS-Yes you would hove the right to challenge. ATTORNEY DUSEK-The law is very narrow in exactly what type of actions is said a Board member should not do and its got to fall in one of those classifications. The law is very, very precise. Its says this is what you can't do, it doesn't tell you how to act. PAUL H. NAYLOR, Highway Superintendent-Referred to Colonial Court, would like to report that I'm not sure whether we'll be able to finish the blocktopping, we've just finished 15 miles of paving and we're 2 weeks behind schedule. COUNCILMAN POTENZA-Concerned with the safety of allowing this to go, has been going in the works for o long time. DAVE HA TIN, Director of Building & Codes-Referred to the discussion of the McDonald property at the last Town Board meeting. Questioned whether there was a decision to the three bids that were submitted. SUPERVISOR BORGOS-Noted that the time frame was still in effect and therefore we were unable to really consider the bids. Noted that the Board was concerned that the bids were high. Once the time frame ends, the Board will hove to make a decision. OPEN FORUM CLOSED 9.10 P.M. SUPERVISOR BORGOS noted the Balloon Festival Week is upon us and hopes to have a proclamation officially declaring this Adirondack Hot Air Balloon Festival week in the Town of Queensbury. Encourage everyone to continue to support the Balloon Festival, being here since October, 1973. RESOLUTIONS r 155 RESOLUTION AUTHORIZING VISA CARD USE AND CREDIT APPLICATION RESOLUTION NO. 527, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that any one of the following officers of the Town of Queensbury is hereby authorized, on behalf of the Municipal Corporation, to execute and deliver the Retail Installment Credit Agreement, substantially in the form presented to the Governing Board of this Municipal Corporation and ordered filed with the minutes of this Municipal Corporation, and to designate or revoke the designation of authorized users of the VISA card. Stephen Borgos, Town Supervisor, and provided that the credit card company is able to comply with the certification of claim requirements of Town Low Section 118, and -- BE IT FURTHER RESOLVED, the execution and delivery of such Agreement, designation, or revocation shall be conclusive evidence of the due authorization and approval thereof by this Municipal Corporation, and BE IT FURTHER RESOLVED, that each of the following officers, employees, or agents of the Municipal Corporation is an authorized, user of the VISA cords issued to the Municipal Corporation: Stephen Borgos, Town Supervisor Betty C. Monahan, Town Councilperson Marilyn Potenza, Town Councilperson, and BE IT FURTHER RESOLVED, that a// use of the VISA cards by the authorized users shall be deemed to be in furtherance of proper corporate purposes, and BE IT FURTHER RESOLVED, that Chose Lincoln First Bank, N.A. may rely and act upon the foregoing resolutions, which shall continue in full force and effect until receipt by Chose Lincoln First Bonk, N.A. of written notice to the contrary. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosako, Mrs. Potenza, Mr. Montesi, Mrs. Monohon, Mr. Borgos Noes: None Absent: None RESOLUTION TO UNTABLE AND DISCUSS RESOLUTION NO. 512, 1990 RESOLUTION NO. 528, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby untables Resolution No. 512, 1990. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosako, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING REFUNDS REGARDING RECREATION FEE LOCAL LAW RESOLUTION NO. 512, 1990, Introduced by George Kurosako who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, on or about May 21, 1990, the Town Board of the Town of Queensbury adopted Local Low No. 4, 1990, entitled, "A Local Low Providing for the Dedication of Parks and Recreation Areas of o Payment of a Sum in Lieu Thereof as a Condition Precedent to Site Plan, Subdivision, or Planned Unit Development Approval", and WHEREAS, the said Local Low established a formula by which recreation fees would be assessed against developers and/or property owners requesting and obtaining site pion, subdivision, or planned unit development approval, and WHEREAS, the said Local Law provided that the some would be given retroactive effect 156 to October 1, 1988, and WHEREAS, some individuals and/or entities previously paid recreation fees in accordance with a previously adopted Local Low and Rules and Regulations of the Town of Queensbury, and as a result of the aforementioned retroactive provision in said Local Low adopted on or about the 21st day of May, 1990, the said individuals and/or entities are entitled to partial or whole refunds, and WHEREAS, the Town Board of the Town of Queensbury desires to pay said refunds from the Capitol Reserve Fund known as R 11 (Recreation Assessment Fund), as that is the fund which the fees collected in excess were deposited, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the expenditure of funds in the amount of $5,000.00 from the Reserve Fund referred to in the preambles of this resolution, for payment to individuals and/or entities who have overpaid recreation fees in accordance with the formula odopted by the oforedescribed Local Law, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to calculate the amounts due any individuals and/or entities who overpaid recreation fees in accordance with the Local Low adopted on or about May 21, 1990, and to make payment of the refunds due said individuals upon submission of o fully-executed voucher by the individuals and/or entities after the Town Board of the Town of Queensbury has audited said voucher in accordance with its usual practices, and BE IT FURTHER RESOLVED, that this resolution shall be subject to o permissive referendum in accordance with the provisions of Article 7 of the Town Low, and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post o copy of this resolution and take such other further actions as may be required by law to publish the same, and BE IT FURTHER RESOLVED, that the authorization of payment set forth in this resolution shall not be exercised until such time as the time period for permissive referendum has expired or until such time, if a referendum is requested, that the some is approved. -- Duly adopted this 17th day of September, 1990, by the following vote: .Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION SETTING NEW FEES FOR ELECTION INSPECTORS RESOLUTION NO. 529, 1990, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Election Inspectors are now appointed by the County Board of Elections, but it is still the responsibility of the Town of Queensbury for payment of these inspectors, NOW, THEREFORE BE IT RESOLVED, that the following new fees be set for 1990 inspectors: $ 50.00 Primary Day $ 50.00 Registration Day $ 75.00 Election Day $ 5.00 Chairman Each Time $900.00 First Custodian $675.00 Second Custodian Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos 157 Noes: None Absent: None RESOLUTION AUTHORIZING PURCHASE OF LAND AND WITHDRAWAL FROM RECREATION CAPITAL RESERVE FUND RESOLUTION NO. 530, 1990, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments known as R 11 - Recreation Fee Capitol Reserve Fund, and WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and s expend moneys Y from the said reserve account in the amount of $20,000.00 for the purchase of certain real property located adjacent to Halfway Brook and identified as having tax map no.: 59-1-6 and to pay for expenses relating to a survey of said property and various closing costs, and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the General Municipal Low of the State of New York and the resolution which established the reserve to withdraw and expend funds from the aforesaid capitol reserve fund, in accordance with the terms and conditions set forth therein, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the purchase of the said land_ and related costs as oforedescribed in the total amount of $20,000.00, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to withdraw funds that may be necessary to purchase the said property up to the maximum set forth in this resolution directly from said reserve fund, and BE IT FURTHER RESOLVED, that the Town Board of the the Town of Queensbury hereby further directs that in the event there ore funds remaining after the completion at the purchase or in the event that said purchase is not undertaken, the moneys remaining which are authorized for use by this resolution shall be returned to the capitol reserve fund or not withdraw therefrom, as the case may be, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal and expenditure for the previously identified purchase is on expenditure for which the reserve account was established, and that the land being purchased is suitable for o new pork land or open space and is located and has access such that it will serve the Town's residential neighborhood, and BE IT FURTHER RESOLVED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Low and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by low. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 531, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Marilyn Potenzo. 158 WHEREAS, certain departments have requested transfers of funds, 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 listed below: WASTEWATER DEPARTMENT FROM TO AMOUNT S43858130442 S43858130440 $10,000.00 (Quaker Road (Quaker Road Sewer Charges) Contractual) HIGHWAY DEPARTMENT FROM TO AMOUNT D 1655130.420 D 1655130.205 $ 3,800.00 (insurance) (R adios) Duly adopted this 17th day of September, 1990, by following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None A bsen t: None RESOLUTION CONCERNING LANDFILL RESOLUTION NO. 532, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Mon tesi. WHEREAS, the Town of Queensbury maintains a Landfill off Ridge Road in the Town of Queensbury, and WHEREAS, trash and various other items are sent to said Landfill for disposal including, in some cases, bicycles and bicycle parts and automobile, truck and tractor tires and such other items as the Landfill Superintendent or Town Supervisor shall determine appropriate, and WHEREAS, the Town Board of the Town of Queensbury desires, whenever possible, to limit the amount of materials and other articles being deposited at said Landfill, in an effort to extend the time in which the Landfill will be available for use, and in on effort to reduce costs in connection with the handling thereof, and WHEREAS, the Town Board of the Town of Queensbury hereby recognizes that the aforesaid bicycle, bicycle parts and automobile, truck and tractor tires and other items by virtue of being disposed of in the Landfill, have limited or no value to the Town, and WHEREAS, the Town Board of the Town of Queensbury is desirous of implementing a program whereby the aforesaid articles could be disposed of other than at the Landfill and, at the some time, benefit the community at large, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor for the Town of Queensbury to set up and administer a program whereby the Town Supervisor shall hove the authority and power to direct employees of the Town of Queensbury working at the Landfill to separate bicycles, bicycle parts and automobile, truck, or tractor tires and such other items as the Landfill Superintendent and or Town Supervisor shall determine appropriate from those items or articles or materials being disposed of at the Landfill, and place them in separate piles and identify them so that the public may examine them and, if members of the public so desire, remove them at no cost for their own use, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby directs that the Supervisor, in administering such a program, also post the areas where these materials are made available 159 to the public to indicate that the Town of Queensbury assumes no liability for use of the materials and that ol1 materials taken by members of the public are "as is", and that whether or not to use° the items or whether they hove any value sholl be the choice of the members of the public and not the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to take such other and further steps as may be necessary to implement and administer the oforedescribed program. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosako, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 533, 1990, Introduced by George Kurosoko who moved for its odoption, seconded by Ronald Montesi. WHEREAS, the Water Department has requested transfers of funds, and WHEREAS, said requests hove 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 listed below: WATER DEPARTMENT FROM TO AMOUNT W12758310421 W12758310412 $1,000.00 (Computer Billing) (Printing) W12758370421 W 127583 10170 $ 855.77 (Computer Billing) (Sr. Acct. Clerk) W 12 758 3 104 2 1 W 12 7583 1040 1 $ 644.23 (Computer Billing) (Office Supplies) W12758310482 W12758310403 $ 795.83 (Uniforms) (Postage) W12758310482 W12758310401 $ 329.32 (Uniforms) (Office Supplies) Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. K urosako, Mrs. Po ten za, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPOINT MEMBER TO PLANNING BOARD RESOLUTION NO. 534, 1990, Introduced by the Entire Town Board. WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Planning Board, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Edward LoPoint to serve as o member of the Planning Board, said term to begin October 1, 1990 and to expire on September 30, 1997. l 100 Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. .535, 1990, Introduced by Betty Monahan who moved for its adoption, seconded Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss Consent Order on Landfill. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Mo:nohon, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR REGULAR SESSION RESOLUTION NO. 536, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters into Regular Session of the Town Board'. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Morahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN ORDER ON CONSENT CONCERNING TOWN OF QUEENSBUR Y LANDFILL RESOLUTION NO. 537, 1990, Introduced by the Entire Town Board. WHEREAS, the Town of Queensbury operates the Landfill, the some being located off Ridge Rood, in the Town of Queensbury, and WHEREAS, the Department of Environmental Conservation has alleged that the Town of Queensbury has violated 6NYCRR3601.7(o)(1)(ii) in that the Town of Queensbury does not possess a permit to operate the facility, and WHEREAS, attorneys for the parties hove met concerning the allegations by the Deportment of Environmental Conservation and o proposed Order on Consent has been drafted and the Deportment of Environmental Conservation has requested that the Town of Queensbury execute the some, and WHEREAS, o copy of said Order on Consent has been presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby agrees that the Town should become party to the Order on Consent and authorizes the Town Supervisor of the Town of Queensbury to execute the some on behalf of the Town of Queensbury, provided that the dote by which to submit o closure plan is changed from October 1, 1990 to November 1, 1990, and provided further that the Town Supervisor of the Town of Queensbury shall sign the aforesaid Order on Consent only if all other Towns in Warren County also authorize the execution thereof, and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury, by this Resolution and its actions 161 in authorizing the Town Supervisor of the Town of Queensbury to execute the Order on Consent, makes no odm,fissions or representations by virtue hereof, other than to authorize the Supervisor to sign said Order on Consent and hereby further reserves all other rights, claims and actions the Town may have, if any, in connection with the Department of Environmental Conservation's allegations, the Landfill and any rules, lows or regulations, and any other related matters. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None -- RESOLUTION TO APPROVE CHANGE ORDER - CONTRACT NO. 7 QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 538, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosako. WHEREAS, the Town of Queensbury previously let Contract #7 for the Quaker Rood Sewer District, and WHEREAS, the contractor, Belden Company, Inc., and the Engineer for the Town on the project, Kestner Engineers, P.C., hove recommended a change order for the following purpose: Relocate the Grinder Pump Electrical Control Panel on North Road, and WHEREAS, Thomas K. Flaherty, Water Superintendent, has indicated he feels the proposed change is appropriate, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves, as may be necessary, the change order presented at this meeting, and hereby states that the cost of such change order sholl be changed on a time and materials basis, not to exceed $7,000.00, and will be paid from the account established for the Quaker Road Sewer District (H40-38-5-8150-440), and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury be and hereby is authorized to sign and execute the above-mentioned change order. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COMMUNICATION Ltrs from Highway Superin tenden t Regarding - No parking on Glen Lake Road Near Docksider - Northern Distributor Subdivision Corinth Road RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 539, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. RESOLVED, that the Audit of Bills appearing on Abstract September 17th, 1990, numbering from 90-4337 thru 90-4576 and totalling $247, 141.41 be and hereby is approved. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 162 Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 540, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss Litigation, Real Property Acquisition, Real Property Sales and Personnel. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR REGULAR SESSION RESOLUTION NO. 541, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by George Kurosoko. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters into Regular Session of the Town Board. Duly adopted this 17th day of September, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None No further action was token. On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK .a