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1982-10-12 G. � 224 E TOWN BOARD MEETING OCTOBER 123 1982 f: TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. Daniel Orison-CouneiZman Dr. Charles Eisenhart-Councilman € Mr. Daniel MorreZZ-Councilman Mrs. Betty Manahan-Councilman i Mr. Joseph Brennan-Town Counsel F PRESS: G.F. Post Star, WBZA i GUESTS: Mrs. Huzar, Mr. Brian Harrison, Mr. Ligon, League of Women Voters j TOWN OFFICIALS: Mr. Paul NayZor, Mr. Rick Missita, Mr. Ralph VanDusen, Mr. Mack Dean 1 Meeting Opened 7:38 P.M. Pledge of Allegiance Zed by Supervisor Walter i PUBLIC HEARINGS Mobile Home Application of James Ligon of Corinth Rd. to locate a mobile home on Warren Eane. .approved by BuiVding and Zoning R-?partment Notice Shown Mr. Ligon was present 7:39 P.M. i Supervisor Walter- asked for input from the publie. . .none was heard. . . Councilman Olson- noted that he had visited the site and noted that the people were cleaning up the Zot. . . Supervisor Walter- Mr. Ligon, you are in the process of buying the-:lot? Mr. Ligon- if this goes through. . . Supervisor Walter- asked for further comments, hearing none the public hearing was closed. Local Law-The Administration and enforcement of the StdEte Fire Prevention Code. 7:43 P.M. Notice Shown. . . Supervisor Walter- This is the second public hearing on this local law. . .after the first hearingjwe took into account the comments and suggestions from the public and we have made revisions to that local 4aw. . . Mr. Fischer- noted that he had received the changes today.-. .these are the changes that were agreed upon. . . Councilman Eisenhart- noted that this local law in not written in stone� it can be modified in nears ahead. . .Thanked Joseph Brennan for his help during the recent meeting with the Fire Study Committee. . . Councilman MorreZZ-The combined meetings of the members of the Town Board and the Fire Study Committee was most beneficial in getting input to ironing out problems, I think { we have about as good a document asljyou could come up with. Councilman Olson- Thanked the Fire-men for coming out tonight, and the efforts of the committee that met with us. . . Supervisor Walter- asked for further comments, hearing none the public hearing was closed 7:46 P.M. t RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION Nt)- .342 Introduced by Dr. Charles Eisenhart, who moved for its adoption,. seconded.by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of September 28, 1982 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None { 225 I RESOLUTION TO TRANSFER FUNDS RESOLUTIONa Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, to transfer $5904.24 from DR5110.462 Highway Repairs and Improvements, Paving Materials to H2O-3310.440 CHIPS, Capital Traffic Signal for bid for signals at Bay and Quaker and signal at Quaker and Dix. Duly adopted by the following vote l Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter _ Noes: None Absent: None t RESOLUTION TO TRANSFER FUNDS RESOLUTION Introduced by Mr. Daniel Olson who moved for its adoption, seconded j by Dr. Charles Eisenhart: I RESOLVED, to transfer $6,910.00 from the Boychuck Fund to C8810.200 Cemetery Equipment to pay for the purchase of a new vehicle which will be ;reimbursed to the Boychuck Fund per appropriation in 1983 budget. Duly adopted by the following vote: I Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None' - Absent: None Supervisor Walter- the Cemetery Comittee had decided that any kind of further re aim p to their vehicle was just throwing money away. here was no money in this 1982 budget for a new automobile. However, there is a fund that is used exclusively for acquisition of land, capital, although it does not alrbow the purchase of automobiles. I felt �-- that we could borrow the money so that we could accept the bid on the automobile and purchase its we could then appropriate the funds in the 1983 budget and pay back the fund. there is no question that, that automobile was needed. Councilman Monahan- Ie this Ooing to be payed -back with or without interest? Supervisor Walter- It will be paid back over a three year period, I do not think in my budget I have any interest. Councilman Eisenhart- I do not think we ought to be paying interest. k Councilman Morrell- If it was still sitting in the Boychuck Fund it would be. Councilman Monahan-I just wonder about taking something out of an interest bearing fund it would be accumulating interest for that fund. . . Supervisor Walter- If the Board wishes to transfer fundsjthen what you are talking about would be taken up during the budget discussions as to how much money you wanted to be repaid' to the Boychuck Fund, and whether you wanted to do if tin or three year period of time.or you want to pay it all back next year. I looked at it being handled as a BAN would but I did not consider interest because I felt that even though it was a special fund it was still town money. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME i '-- RESOrUTr N No_ 45_ Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: WHEREAS, James Ligon has made application sn accordance with paragraph 2 (c) Section 431 of an ordinance of the Town of Queensbury entitled; ORDINANCE FOR THE REGULATION ! OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at Warren Lane, and f 1&'REAS, this Town Board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said application I 226 NOW, THEREFORE BE IT RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to James Ligon to Locate a mobile home at property situated at Warren Zane and that the Building Inspector is hereby authorized and directed M issue such permit in accordance with the terms and conditions of said ordinance. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO ADOPT A LOCAL LAW FOR ADMINISTRATION AND ENFORCEMENT OF THE STATE II! FIRE PREVENTION CODE RESOLUTION NO. 346. Introduced by Dr. Charles Eisenhart who moved for its adoption, ! seconded by Mrs. Betty Monahan: WHEREAS, Article 18-A of the Executive Law authorizes the adoption by the Town of Queensbury of a Local Law providing for the administration and enforcement of the State Fire Prevention code, and WHEREAS, the Fire Study Committee of the Town of Queensbury has recommended the adoption of such a local Law for the administration and enforcerrnt of the State Fire Prevention Code in the Town of Queensbury and the necessary repeal in its entirety of the present Ordinance No. 40 of the Town of Queensbury entitled, "Ordinance Adopting a Fire Prevention Code, Establishing the position of Fire Marshal and Defining His Powers and Duties", and WHEREAS, such a proposed Local law, a copy of which is annexed hereto, has been prepared and presented for consideration by the Town Board of the Town of Queensbury, and WHEREAS, a public hearing has been held concerning the desirability of the adoption of said proposed Local Law at which all persons interested in the subject matter thereof were duty heard, and WHEREAS, it appears that the proposed local taw in its present form is in compliance with all Legal requirements and that there has been compliance with all provisions of Law necessary for the adoption of said Local Law and the repeal of Ordinance No. 40 of the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury adopt the proposed local law for the administration and enforcement of the State Fire Prevention Code, in the form annexed hereto, and that Ordinance No. 40 of the Town of Queensbury entitled "Ordinance Adopting a Fire Prevention Code,Establishing the position of Fire Marshal and Defining His Powers and Duties" be repeated and, be it further RESOLVED, that the Town Clerk be authorized and directed to take all necessary action ,3 required by Law relative to the filing and publication of said Local Law as required by the Municipal Home Rule Law and the Executive Law and any other Lair or statute of the State of New York and, be it further i RESOLVED, that the Town Clerk be authorized and directed to take all action required by law relative to the filing and publication of any notices required to render effective the repeal of Ordinance No. 40 of the Town of Queensbury and, be it further RESOLVED, that said Local Law become effective at the earliest possible date provided by law upon the filing or publication thereof as may be required by Lazo and that the repeal of Ordinance No. 40 of the Town of Queensbury become effective immediately at such time that said local Law becomes effective as a matter of Law. j Duly adopted by the following vote: 1, Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan., Mrs. Walter Noes: None Absent: None LOCAL LAW #1 1982 A LOCAL LAW FOR ADMINISTRATION AND ENFORCEMENT OF THE STATE FIRE PREVENTION CODE 1 1 j 227 Section 1 - Applicabilitz, Thii Local law shall provide the basic method for administration and enforcement of the State Fire Prevention Code in the Town of Queensbury and shall establish powers, duties and responsibilities in connection therewith. Section 2.- Effective Date. I 2hvs local Law shall take effect immediately upon the filing thereof in the k Office of the Secretary of State of the State of New York as required by j MLmicipaZ Home Rule Law IV 27. f Section 3.—Administration. 3.1 The Town Board of the Town of Queensbury shall administer the State t Fire Prevention Code within the Town of Queensbury. 3.2 There is hereby designated the Fire Code Enforcement Officer of the I Town of Queensbury to enforce the State Fire Prevention Code within the Town of Queensbury, which authority of the Fire Code Enforcement Officer shall be subordinate to the final authority of the Town Board of the Town of Queensbury relative to enforcement matters. The appointment of a ;dire Code Enforcement Officer shall be made by the Town Board of the Town of Queensbury. The Town Board shalt determine I the required qualifications for the position of Fire Code Enforcement Officer, all terms and conditions of the Fire Code Enforcement Officer's employment and the Fire Code Enforcement Officer- shaZZ serve at the Leave and will of the Town Board of the Town of Queensbury. The Fire Code EnforcementrOffieer shall at all times be subject and subordinate to the authority of the Torun Board. The Fire Study Committee of the Town of Queensbury shall act as an advisory body to the Town Board with respect to the determination of the required qualifications for the position of Fire Code Enforcement Officer and with respect to the appointment of the Fire Code Enforcement Officer by the Town Board. The recommendations of th6 Fire Study Committee shalt be considered by- the Town Board but said recommendations are to be advisory only and shall not be binding on the Town Board. The Fire Study Committee of the Town of Queensbury shall consist of not more than three (3) members in good standing of each fire company in the Town of Queensbury. Each fire company shall select its representatives to the Fire Study Committee in accordance with its own procedures. Section 4.- Partial Invalidity. 1 If any section of this local law shall be held unconstitutional, invalid, or in effective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder thereof. Section 5.- Rules and Regulations. 5. 1 The Town Board of the Town of Queensbury may adopt rules and I regulations for the administration and enforcement of the State ,Fire Prevention Code. The Fire Study Committee shalt serve as an advisory body to the Town Board concerning the adoption of such ruUs; and regulations, which :r:-.iZes and regulations shall not conflict with the State Fire Prevention Code, this local law or any other provisions of Law. 5.2 The Town Board of the Town of Queensbury shall publish all rules?and regulations at least ten (10) days prior to the effective date thereof in a newspaper of general circulation within the Town of i Queensbury. Section 6.-Permits. 6. 1 Upon payment of a fee as prescribed in the Schedule of fees adopted by the Town Board of the Town of Queensbury, if any permits, shall be issued by and bear the name and signature of the Fire Code Enforcement Officer and shall specify: Activity or operation for which permit is issued. Address or Location where activity or operation is to be conducted. {{ I Name and address of permittee. F. 228 Permit number and date of issuance. Period of permit validity. E 6.2 Permits sh&1 Z not be transferable and any change in activity, opera- tion ownership, or use shaZZ require a new permit. 6. 3 Permits shaZl continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time period may be granted provided a satisfactory reason can be shown for failure to start or complete the work or aetivity authorized within r the required time period. 6.4 Permits shaZZ be obtained for the following: Acetylene Generators: To operate an acetylene generator having a calcium carbide capacity exceeding five pounds. Automobile Tire Rebuilding Plants: To operate an automobile tire rebuilding plant. j Automobile Wrecking Yards: To operate an automobile wrecking yard. ! Bow Zing Establishments: For BowZing pin refinishing and bowling Zane resurfacing operations involving the use and application of flammable or combustible liquids or materials. 1 1 Cellulose Nitrate Motion Picture Film: To store, keep or have on hand more than 25 pounds of cellulose nitrate motion picture film. Cellulose Nitrate Plastics (pyroxylin) : (a) To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin). (b) To manufacture articles of cellulose nitrate plastics (pyroxyZin) which shaZZ include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles. Combustible Fibers: To store, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm. Compressed Gases: (a) To store, handle, or sue at normal temperatures and pressures more than 1)2,000 cubic feet of fZammable compressed gas, or 2) 6,,000 cubic feet of nonfZammable compressed gas. (b) To store, handle, or use any quantity of ',Ziquefied natural or hydrogen gas. j Cyrogenics: To store, handle, or use crrogenic fluids, except cryognics used as a motor fuel and stored in motor vehicle tanks, as follows: (a) Production, sale, or storage of cryogenic fluids, t (b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or Ziquefied oxygen in excess of 10 gallons. DrycZeaning Plants: To use in excess of 4 gallons of solvents or cleaning agents classified as flammable or combustible. 3 Dust Producing Plants: To operate any grain elevator, flour, starch, j or feed mi Z, woo orking plant, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, suZfur, or other materials producing expZosive-potentiaZ dust. ExpZosive Ammunition and BZasting Agents: 229 (a) To manufacture, possess, store, sell, or otherwise dispose of explosives and blasting agents. (b) To use expZosives or blasting agents. i (e) To operate a terminal for handling explosives or blasting agents. FZammable and Combustible Liquids: I (a) To store, handle, or sue flammable liquids in excess of 6, gallons inside dwellings; or in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside of any building. This provision shaZZ not apply to: (1) Liquids in the fuel tank of a motor vehicZe, aircraft, portable or stationary engine, boat, or portable heating plant; (2) Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting, or similar purposes. (b) To store, ahndZe, or use combustible liquids in excess of 25 gallons inside a building, or in excess of 60 gallons outside of a building. This provision shaZZ not apply to fuel oil used in connection with oil burning equipment. (e) A permit shall be obtained for the initial installation of j an oil burner and a fuel oil tank used in connection therewith. A permit shaZZ be required for the replacement of a fuel oil tank connected to an oil burner. (d) For processing, blending, or refining of flammable or combustible Ziquids. f Flammable Finishing: For spraying, coating, or dipping operations utilizing flammable combustible liquids. Fruit ripening Process: To conduct a fruit ripening process using ethylene gas. Fumigation and Thermal Insecticidal Fogging: To conduct fumigation or thermal insecticidal fogging operations. Hazardous Chemicals: (a) To store, handle, or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60 percent or more ammonium or any amount of toxic material or poisonous gas. r (b) To store, handle, .or use any quantity of air-reactive, water-reactive, or unstable materials. i Junk Yards: To operate a junk yard. i Liquefied Petroleum Gas For each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congragate for civic. political, educational, re igious, social or recreational purposes. Installers:; shall maintain a record of all installations:; and replacement of portable cylinders, and have it available for inspection. f Lumber Yards: To operate a lumber yard. f Magnesium For melting casting, heart treating, machining„'or grinding of more than 10 pounds of magnesium per working day. Matches: fa) To manufacture matches. f 230 (b) To store matches in excess of 25 cases. (Note: One case equals one matchman's gross of 14,400 matches.) Organic Coatings: To perform organic coating operations utilizing more than one gallon of organic coating on any working day. j Ovens and Furnaces: To operate industrial processing ovens and furnaces operatvng at approximately atmospheric pressures and temperatures not exceeding 1400 F which are heated with oil or gas E fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system. Places of Assembly: To maintain, operate, or use a place of I assembly. f ! Service Stations and Repari Garages: To operate a service station or repair garage. Welding and Cutting; To operate a welding and cutting business. A record of all Locations where welding or cutting operations are performed shaZZ be maintained and kept available ofr inspection by the permit holder. 6. 5 Consolidated Permits. When more than one permit is required for the same property or premises, a single permit may be issued Listing all materaals or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder. 6.6 Location of Permits. Permits ahZt be kept on property or premises covered by the permit or carried by the permit holder. 6. 7 Revocation of Permits. Permits may be suspended or revoked when it is determined there is a violation of a condition under which the permit was issued, or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit. Section 7.-Inspections. 7.1 The Fire Code Enforcement Officer shall conduct periodic inspections for compliance with the provisions of the State Fire Prevention Code. Such inspections may be made at any reasonable time. 7.2 If entrance to make an inspection is refused or cannot be obtained, the Fire Code Enforcement Officer, if authorized by the Town Board of the Town of Queensbury, may apply for a warrent to make an inspection to any court of competent jurisdiction. Section 8.-Violations. 8.1 A p ers6n ownin g, operating, occu py in g or maintaining property or premises within the scope of the State Fire Prevention Code or this Local Law shaZZ comply with all the provisions of the State Fire Prevention Code, this Local Law, and all orders, notices, rules, regulations or determinations issued in connection therewith. 1 8.2 Whenever the Fire Code Enforcement Officer finds that there has been j a violation of the State Fire Prevention Code, this Local, law, or any rule or regulation adopted pursuant to this local Zarb, a violation order shall be issued to the person or person responsible. 8. 3 Violation orders shall be in writing; shall identify the property or 1 premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time Limit for compliance; and shall state the time within which an appeal may be taken. 8.4 Violation orders may be served: by personal service, by mailing by registered or certified mail; or by posting a copy thereof in a A conspicuous place on the premises, and by mailing a copy thereof to the premises on the same day as posted, encZosed in a postpaid wrapper addressed to the person responsible. 7 8.5 in case the owner, Zessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take 231 appropriate Legal action, shaZZ be made to the.Town Board of the Town of Queensbury. Section 9.-PenaZties. 9. 1 Failure to compy with any provisons of the State Fire Prevention j Code, this Local Zara, rules ar regulations adopted pursuant to this I Local Zara, or a violation order shaZZ be deemed a violation and the j violator shall be liable for a fine of not Less than TWENTY-FIVE ($25.00) DOLLARS nor more than ONE HUNDRED ($100.00) DOLLARS, or imprisonment not to exceed ninety (90) days, or both, and each day such violation continues shaZZ constitute a separate violation. 9.2 An action or proceeding in the .name of the Town of Queensbury may be commenced in any court of competent jurisdiction to conpeZ compliance with or restrain by injunction the violation of any provision of the State Fire Prevention Code, this Local Law, rule or regulation adopted pursuant to this Local Law, or a violation order, or to vacate the occupancy or building in the case of imminent danger to Life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. I SECTION 10- Records. i The Fire Code Enforcement Officer shall keep official records of all permits, ` inspection reports, recommendations, complaints and violation orders. ? SECTION 11 - Removal of Dangerous Buildings or Structures. 11. 1 A building or structure or part thereof, which is an imminent danger to Life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. i 11. 2 Whenever the Fire Code Enforcement Officer or the Fire Chief of the fire compnay within whose territory the building or structure is Located, finds a building or structure, or part thereof, to be an t' imminent danger to Life and safety of the public as a result of a fire or explosion, the Fire Code Enforcement Officer or said Fire Chief, upon being granted prior approval thereof by the Town Board of d the Town of Queensbury, may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. Whenever the Town Board of the Town of Queensbury finds a building or structure, or part thereof, to be an imminent danger to Life and safety of the public as a result of a fire or explosion, the Town Board of the Town of Queensbury, may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. 11.3 The Fire Code Enforcement Officer, upon prior approval thereof by the Town Board of the Town of Queensbury, may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith, No person shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or f to demolish and remove such building or structure, or part thereof. ! 11.4 ALL costs and expenses incurred by the Town of Queensbury in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such buiZding or 1 structure is Located, and a bill for such expenses shaZZ be presented to the owner of the property, or if the owner cannot be ascertained, r then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be, and constitute a Lien upon such Land. if the owner shall fail to pay for such expenses within then days after the bill is presented or posed, a Legal action may be brought to collect such assessment or to forclose such Lien. As an alternative to the maintenance of any such action, the Fire Code Enforcement Officer, upon the prior approval of the Town Board of the Town of Queensbury, may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the assessor, who shall in the preparation of the X32 ;next assessment roll assess such amount upon such property. Such amount shall be included in the Levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same f penalties, as is provided by Law for the collection and enforcement ' of real property taxes in the Town of Queensbury. { Section 12.-Review Board. 12.1 The Town Board of the Town of Queensbury shaZZ act as a board of review for the purpose of granting variances where enforcement of any provisions or requirements of the State Fire Prevention Coee results in practical difficulties or unnecessary hardships. Any such variance shall be consistent with the spirit of the Code and shall not be inconsistent with subdivision two of section three hundred ninety one of ' the Executive law. 1 Upon the scheduling of a public hearip to consider any application for such a variance or variances, the Fire Code Enforcement Officer and the Fire Chief of the fire company within whose territory the premises are Located shall be notified of such application for a variance or variances and the scheduling of the p-AbZic hearing relative thereto. 12.2 The Town Board of the Town of Queensbury may adopt regulations governing its procedures as a board of review and appropriate forms for efficient administration. 12.3 The Fire Code Enforcement Officer and the Fire Chief of the fire company within whose territory the premises are Located shall obtain a copy of the decision of the Town Board acting as a board of review for the records of the Fire Code Enforcement Officer and said Fire Chief and/or fire company. Supervisor Walter- announced that we have not as of yet received final approval from State Dept. of Audit and Control on Big Bay Big Boom Water Dist. . . Noted that proper paper work had been sent to Audit and Control and was Lost in their office, another set has been prepared and sent to Audit and Control now awaiting the final order. . . Discussion held in regard to accepting the following roads into the Town Highway { System Fox Hollow and Dartmore Drive. Supervisor Walter this is something that was Laid over since Last year under our former Highway Supt, who indicated that Dartmore Drive and Pox Hollow Lane was acceptable but no action was taken, it was never brought before the Board. we have a Letter from Mr. Naylor, he will accept the roads if the Board does . . . Councilman OZson- noted he remembered a problem between the map and the description of the road ways. . . Mr. KeZZy- noted that the proper paper work was submitted Last year by his attorney to Mr. Brennan, noted also that he had spoken to Mr. GeaZt and Mr. FZaherty and had their verbal ok. . . assumed that the Road was accepted—noted in the summer a Lot was sold and a house was built on a corner of an already accept highway, the driveway faced the new streetyat this time we found out it was not an accepted town road. . . I did my part according to the old ruZes,,now due to somethingp that I had no control over . . .since I had my part done�and somewhere along the Town endjit faiZedjwhy should I be penalized. . Mr. Jospeh Brennan- What Mr. Kelly said is fact . . Mr. Kelly 's attorney prepared the necessary papers, I did not receive a Letter of acceptance from the Highway Supt. to my knowledge, Mr. Flaherty did send me a letter. . Mr. Kelly is correct this was through no fault of his. . .noted that in the o deed the whole road was included, this was noted and a new deed was prepared with just the sections described that were to be accepted. . . Councilman Olson- discussed possible drainage problems on Fox Hollow in one area. . . Councilman Eisenhart- questioned if there was going to be a drainage problem? Mr. Paul Naylor- I doubt that there will be a problem with the lay of the Land. . . Supervisor Walter- You have met with W. Kelly and talked about the problems, did you suggest any measures? Mr. Naylor- yes and he took care of them. . . i 1 233 { Supervisor Walter- I think that the Town has got to take some responsibility for having Zed a person to believe that things were going aZZ right,when in fact nothing was being done at aZZ. This Board was never aware that these roads were up for acceptance or received anything from our former Highway Supt. This is an accepted Subdivision. . . Air. KeZZy-I know you are concerned about water, I can to, Paul has basically described to you where we are routing the water-aZZ I, ean say to you.4 to make you more comfortable,#of all the other hundreds of Zots that we have in that area I think as developers I think we have tried to cooperate with the Town. It is my feeling that I do not want to have Zots that are unsaZeable. . .noted that if a problem comes up in the next few years it can be corrected at the time of the acceptance of the ' j roads extensions,. . , There is Zand Zower than anything that we are talking about, 25 to 301 Zower. . . Councilman OZson- I would think pipe should be put in now. . .If we accept a few thousand feetjis that going to set an example that someone will come in a year of two from now and say they want it accepted under the old requirements? j Mr. Joseph Brennan- I think this is a unique situation. . . Councilman Olson- I just want the Board to realize that I think you are going to find r some more of these down the Zine, there is an ordinance that this Board adopted, as Zong as we are only taking p art of it I will su pp ort the res Z ution. . . Supervisor Walter- The other roads must be paved and I think that Mr. KeZZy understands. . . RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAYS �RESOIIITION NO. 342, Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, the Executors. of the Last WiZZ and Testament of MabeZ C. Ellsworth, have executed and offered a deed for two town roadways, each of which is not less than 50 feet in width, which roadways are described in Schedule "All attached hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he recommends that this Board accept these Zands for highway purposes into the Town highway system, and WHEREAS, Thomas K. Flaherty, Water Superintendent of the Town of Queensbury, has approved the water Zine installations on said Zands as having been made in accordance with the requirements of the Town of Queensbury Water Department, said lands being included within the geographical boundaries of the Queensbury Water District, and WHEREAS, the form of the deed has been approved by Joseph R. Brennan, Esquire, counsel to the Board, NOW, THEREFORE BE IT RESOLVED, thatthe aforementioned deed be and that the same is hereby accepted and approved and that. the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shaZZ be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that these new roads be hereby added to the official inventory of Town Highways to be described therein, respectively, as follows: Road No. 387 Description : beginning at Sunset Drive northerly a distance of 525 feet Name Fox Hollow Lane Road No. 388 Description beginning at Fox Hollow Lane n/w a distance of 358 and 25 hundredths of a mile ending at Fox Hollows Zane Name: Dartmore Drive mileage: 358 and 25 hundredths. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- re: Top of the World Project. . .Planned Unit Development Project noted that the information such as survey maps, soil analydi;s etc. have been submitted f g s C f 9 Mr. Boyes and Mr. Harrison are present this evening.. .,gupervieor Walt6b,, requested that the Town Board set the PiUic Hearing tonight. . . this is a proposed planned unit development, in the present location of Top of the World it is a project that will consist of 250 units of time share condominiums, golf course, indoor and outdoor cburtisports-;',swimming pools and restaurant, meeting areas, nature trails on about fourteen hundred acres. RESOLUTION TO SET PUBLIC HEARING ON PUD ZWjWL1.ON NO, 348 Introduced by Dr. Ghar+Zesl!Eisenharh whovwdved fmt,�its adoption, by Mrs. Daniel Morrel:l.• Resolution forth coming from Town Counsel to be found on page Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- requested a five minute recess. . . Recess over. . . Discussion held on Resolution No. 349 a resolution to set a public hearing on a proposed local Zara regulating parking during the winter months. . . CounciZman Eisenhart- we have agreed to change the restricted hours from 11 to 7 to 12 midnight to 6 a.m. Supervisor Walter- question section 6 o the proposed local law, asked if a Police Agency would have a better chance of ascertaining the owner of a vehicle. . .Town Counsel, yes but you cannot mandate a police agency to do such work. . . it was suggested that the Highway Supt. ascertain the names of the owners of vehicles through the police agencies. . . RESOLUTION TO SET PUBLIC HEARING REGARDING LOCAL LAW ON REGULATING PARKING DURING THE WINTER MONTHS - RF�nr.nTrnN NO_ 349_. Introduced by Dr. Daniel Olson who moved) for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS a significant problem has existed in the T`cwn orf. Queensbury for many years concerning the overnight parking of vehicles on public highways within the Town of Queenabur�y,:dubing .the Winter months, which parking interferes with the efficient and prompt removal of snow from said public highways, and WHEREAS, the Superintendent of Highways of the Town of Queensbury has recommended the option of a Zaw to regulate parking on public highways in the Town of Queensbury during the winter months and A proposed Local Law, a copy of which is hereto annexed, has, been prepared and presented for consideration by the Town Board of the Town of Queensbury, which will regulate parking on public highways in the Town of Queensbury for the period from November 15 through March 31 in each and every year hereafter, and WHEREAS, a public hearing is mandated by law prior to consideration of the proposed Local Law for adoption by the Town Board of the Town of Queensbury, and )) WHEREAS, the proposed Local Lana is worthy of consideration for ZegisZative action, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of a Local Law regulating overnight winter parking on public highways in the Town of Queensbury, in the form annexed hereto, and that said public hearing be held at 7:30 p-.-M. in the Meeting Room of the Town of Queensbury Office Building, Bay and Haviland Roads, in the Town of Queensbury, Warren County, New York on October 26, 1982 at which all persons interested in the subject matter thereof will be heard, and be it further RESOLVED, that the Town Clerk be hereby directed and authoirzed to public and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayds: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter 1 235 Noes: None I Absent; None k COMMUNICATIONS I r FF Ltr. D.O.T. on file will investigate the lowering of the speed limit on Sweet Road. . . r Ltr. Dick Roberts on file approval of the proposed rezoning on West Mountain area near Tuthill Road and Luzerne Mt. Rd. . . .Planning Board Bid Opening-Traffic Signals Russell Brown Elec. Contractors P. O. Box 647 Glens Falls N.Y. Dix and Quaker $12.9300.00 Bay & Quaker $ 8,200.00 non coZ. attached -- Itr.- Paul Naylor-accept the bid of Brown Bros Elec. on file. . . RESOLUTION TO ACCEPT BID ON TRAFFIC SIGNALS RTi'QnT.TTmTnnT TTn 2Sn Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Mr. Paul Naylor, Highway Superintendent for the Town of Queensbury did recommend that we advertise for bids for installation of traffic signal equipment, and WHEREAS; one bid was submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Donald A. Chase, and such bids were then turned over to Mr. Naylor for his recommendation, and WHEREAS, Mr. Naylor by letter has recommended that the bid be awarded to Russell Brown Electrical Contractor, now, therefore be it RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Russell Brown Electrical Contractor in the amount of $20,500.00, and be it further RESOLVED, that the financing for such materials is included in the 1982 budget. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Ltr.- AWWA expressing their appreciation for the hosting of the 1982 AWWA Fail Conference Ltr.-Ralph VanDusen - requesting permission to attend the AWWA Fall meeting in Saratoga Springs Water Superintendent, Deputy Superintendent and Assistant Foreman RESOLUTION TO ATTEND CONFERENCE RESOLUTI0 NO, 351— Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Olson: RESOLVED,' that permission is hereby granted to the Queensbury Water Superintendent, Deputy Superintendent and Assistant Foreman to attend the Fall meeting of the AWWA to be held in Saratoga Springs on October 28, 1982 and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary Lill expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION SETTING PUBLIC HEARING REGARDING ZONING CHANGE F1F.RnT.T1TTON Nn_ 352-_ Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: 236 Resolution for.bhcoming from Town Counsel, to be found on page_. 1 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None The following reports were placed on fiZe: Town CZerk-month', of September Building & Zoning-month of September t i j OPEN FORUM 9:12 P.M. Mrs. Huzar- Rainbow TrZ. Queensbury-we were invited here this evening to hear the report, prepared by Mr. Scudder, is it ready? 1 Supervisor Walter- I do not have the report from Mr. Scudder, noted that Mr. Olson jwas looking for a preliminary report but Mr. Scudder's work is almost finished and I have told him that because his work was almost completed there was no need for the preliminary report, in the next few days we will have the final report. Mrs. Huzar- Wit type of engineer is Mr. Scudder? Supervisor Walter-Sanitary Engineer Mrs. Huzar- How much has he been paid to work on the survey?' Supervisor Walter- he works on an hourly basis, he has not submitted a voucher. . . . Mrs. Huzar- will that be public knowledge 1 Supervisor Walter- yes . . .I will call you when we get the report. . .we will invite the Landfill committee and the Town Board for a meeting RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 3.i Introduced by Dr. Charles Eisenhart who moved for its adoption seconded by Mr. Danze2 Olson: RESOLVED, that Audit of Bills as Listed on Abstract No. 82-1,OA and numbered 1728 through 1876 and totaling $90870. 33 be acid hereby is approved. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Discussion held in regard to a road that runs between Sperry Road off Big Bay Road and Egan Road which runs west from Big Bay Road to Dave Richardson's House, the residents of the area by petition stated that the road has been maintained by the Town for over seven years Mr. Joseph Brennan- will prepare , a resolution stating this is a road by use- ayked that Mr. Naylor get a proper description for the road.. . Supervisor Walter- noted that she had received a letter from a Dr. regarding the health of a resident of Queensbury, noted the health of the individual is zfffeeted by a large pine tree which hangs over the house. . .part of the tree belongs to Mr.' Naylor. . .Mr. Naylor noted that the area is surrounded by Pine Trees. . .Supervisor Walter it is the eonsens ue of the Town Board not to move in any direction in regard to this problem. . . Discussion Knox Road. . .Attorney Joseph Brennan-received a letter from Mr. Knox he wishes to convey to the Town 201, Mr. Knox was notified that the Town would only accept 50 ' and the road would have to be brouOht up to 'specification. . .As far as I am concerned, you have it listed in the Town inventory of Highway, you have had the Town caring for and maintaining that road for at Least 30 years, I do not think that there is any question, the Town's position is that it isj and has been a Town road by use. Discussion held in regard to a tree on Greenway Dr. that is ''blocking a steet light --- - -------- —-- ----