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1987-03-10 6s TOWN BOARD MEETING MARCH 10, 1987 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. George Kurosaka,Councilman Mr. Stephen Borgos, Councilman Mr. Ronald Montesi, Councilman Mr. Betty Monahan, Councilman TOWN COUNSEL-Wilson Mathias 7:30 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA PRESS: Glens Falls Post Star TOWN OFFICIALS: Stuart Mesinger, Paul Naylor GUESTS: Gary Bowen, Ted Bigelow, SUPERVISOR WALTER- The first order of business is relative to an amendment to the Zoning Ordinance, Article 9...Notice shown. COUNCILMAN MONAHAN-Asked what gross floor area meant? TOWN COUNSEL-Floor area or gross floor area as defined in the ordinance for residential is the square feet within the exterior walls not including garages, porches, steps and for commercial and industrial it is the total area within the exterior walls of the building or structure. Intensity means the level of the particular use. SUPERVISOR WALTER-Asked for further input from the public regarding the Zoning Ordinance—hearing none left the Public Hearing open ... l t !� SECOND PUBLIC HEARING-NOTICE SHOWN-Local Law regarding parking summonses in the Aviation Mall, giving authority to the Manager, Assistant Manager, Chief of Security or any duly authorized officer employee of the Town of Queensbury...allowing these individuals to place a summons on the windshield of a car with the first fine up to $25.00 and not to exceed $100.00 for any subsequent violation. Noted it did not apply to any commercial vehicles such as those loading or unloading at docks or serving a particular business. COUNCILMAN BORGOS-Clarified that the ticket itself will not indicate that there is a $25.00 fine but rather when this goes to court, the fine shall not exceed $25.00 the first time...if the judge wants to make it five he can...we have set limits of $25.00 and $100.00 to let people know it is a relatively serious matter. SUPERVISOR WALTER-I received a letter from William Swanson, an agent for the NPSA Corporation, owners of the Northway Plaza, asking to include the Northway Plaza in this program. Noted that this law does not suitably address the Northway Plaza, however we may want to include it or amend the law before its total adoption. Referred to Town Counsel if it should go to public hearing. TOWN COUNSEL-Noted it would have to have a public hearing. SUPERVISOR WALTER-Asked for public input, on this public hearing and also on first public hearing on Article 9...hearing none both public hearings were closed. 7:57 P.M. i i !, OPEN FORUM 7:58 P.M. DEBBIE DAVIDSON-Pickle Hill Road, I recently found out Mr. Harris was issued a building permit for another building, determined a barn...I am concerned that he was issued a second permit...The permit on the garage is under legation not only by the community, private citizens, but also also Mr. Mathias has a legal act against this permit as well. Asked why he was issued a second permit...Mr. Harris came over a few weeks ago and told us his intentions to put in the barn as a reaction to our lawsuit over the garage. Asked for Town Board comments? SUPERVISOR WALTER-We are aware that a building permit was issued but because the matter is in legations, the Board does not wish to comment on that at this time. Regarding the suit referred to Town Counsel. TOWN COUNSEL-The matter is in legation by a variety of parties who instituted various legal procedures and it is premature to comment on it at this point. COUNCILMAN BORGOS-Stated that he did not know about the second permit and will check into it. COUNCILMAN MONTESI-Noted that there has been a lot of press on septic tank businesses 4 and the fact that the town reluctantly does not want to sign a consent order, stated that the public should know that with regards to the consent order, we have been advised not to sign that order because of some things lacking in that consent order. In any event what the State of New York has done to the Town of Queensbury is effectively reducing ., the income of many septic tank haulers because of their inability to be competitive to Saratoga County and elsewhere. The residents, Town Board and those that govern bear the full burden of this, it is an unfair situation for the lack of three or four weeks when the DEC says we will be into the sewage plant in Glens Falls, they have opted to close the landfill to any septic tank haulers. SUPERVISOR WALTER-I attended a State wide meeting on solid waste and they indicated that they are taking a hard line across the state. Noted that some of the horror stories told by some of the other governments, such as $250.00 per ton to move garbage from here to Ohio, from Dutchess County and Long Island and it falls on deaf hears of the officials who have indicated that we do have a problem with solid waste and getting rid of it to another state isn't really such a bad answer for New York. Noted that their attitude was quite incredible. COUNCILMAN MONTESI-Noted that two or three years ago when the DEC had some concerns about solid waste, and where it might be going, decided that perhaps the answer was trash burning or recycling via a trash burning plant...recycling into some form of energy...now we have a new DEC man, saying that maybe trash burning isn't the thing and maybe we ought to be recycling, but because the State of New York made the requirements for a landfill so expensive and difficult to build a new landfill, we went to trash burning. SUPERVISOR WALTER-Recycling is part of the permit for the burning plant...but a market is needed for that product and it was determined by the N.Y. State Association of Counties when they passed a resolution indicating that the State be responsible for creating the markets if in fact they are looking at recycling. I have been 2 1/2 days at solid waste seminars and the State is not moving away from the plan that they have developed. COUNCILMAN BORGOS-Noted that Queensbury was noted as one of the offending areas regarding dogs chasing deer and reminded the Queensbury residents that Queensbury has a lease law. Noted that fireworks was a 4th of July thing and stated that there is a New York State law saying that residents cannot possess or use fireworks. Asked what the Town was doing regarding the Lake George milf oil problem? SUPERVISOR WALTER-We were represented at the hearing yesterday by Mr. Olson, who delivered my comments to the hearing which basically said that the State of New York should be making a decision on whether they are going to allow sonar chemical. I further indicated in my remarks that I felt the decision makers were perhaps not the right people to be making the decisions objectively in as much as they were members of certain environmental organizations and that we stood with the rest of the committees around the lake in indicating that at least sonar should be given an approval by the State of New York and perhaps some test areas be done. I also received a letter from Mr. Blais indicating that he had some ideas that we could help him out with a temporary service of water. I indicated that we would be very happy to sit and talk with him. Also the Lake George Affairs Committee is going to be meeting in Albany with their representative �J the latter part of this week and this will be a topic of discussion also. Asked for public comment, hearing none OPEN FORUM CLOSED RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 76, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board Minutes of February 24, 1987 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-Noted that Resolution 63, a Local Law regulating the use of temporary tolite facilities was tabled at the last meeting, asked Town Board if they wish to bring it back. RESOLUTION TO UNTABLE RESOLTUION NO. 77,Introduced by Mr. Stephen Borgos, who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board brings back onto the floor Resolution No. 63, RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW TO REGULATE THE USE OF TEMPORARY TOILET FACILITIES. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Absent RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW TO REGULATE THE USE OF TEMPORARY TOILET FACILITIES RESOLUTION NO. 63, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury has determined the need to implement regulations concerning the use of temporary toilet facilities, and WHEREAS, regulations controlling the use of temporary toilet facilities, limiting the areas for such use, and regulating the maintenance of such facilities are in the public health interest, and WHEREAS, the proposed local law regulating the use of temporary toilet facilities has been prepared and is annexed, and WHEREAS, the proposed local law is worthy of consideration for legislative action, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and that said public hearing be held at 7:30 p.m. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the 24th day of March 1987, at which time all persons interested in the subject thereof will be heard, and be it further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None LOCAL LAW NO. 1, 1987 A LOCAL LAW REGULATING THE USE OF TEMPORARY TOILET FACILITIES SECTION 1. Legislative Intent. It is the purpose of this Local Law to promote the health, safety and general welfare of the residents of the Town of Queensbury by regulating the use of temporary toilet facilities to provide for the maintenance of such facilities and to control the areas in which such facilities may be located in order to protect the community from health hazards, disease, any adverse environmental affects, or impair the enjoyment, use or value of property. SECTION 2, Authority. This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. Definitions. "Temporary Toilet Facility" means any self-contained, moveable and/or non-permanently affixed to permanent plumbing facility for human waste disposal including but not limited to chemical toilets, urinals and water closets. SECTION 4, Prohibitions. No person shall cause the placement and/or establishment of or allow the continued placement and/or establishment of one or more temporary toilet facilities on lands within the Town of Queensbury SECTION 5. Exception. This local law shall not apply to temporary toilet facilities: 1. Provided for employees engaged in construction 2. Temporary festivals and or celebrations that last less than five days. SECTION 6, Regulations. All temporary toilet facilities within the Town of Queensbury shall be maintained in a sanitary and serviceable condition. Upon completion of the use of such facilities, temporary toilet facilities and the sewage remaining there from shall be removed and the area shall be cleaned and disinfected. SECTION 7, Penalty. A failure to comply with the provisions of this local law shall be deemed a violation and the violator shall be subject to a fine not to exceed $200.00 per day and each day such violation continues shall be deemed a separate and distinct violation. SECTION 8, Invalidity. If any court.of,competent jurisdiction shall adjudge and determine that a portion of this local law is invalid, such judgment shall not affect the validity of the remaining portions of this local law. SECTION 9• Effective Date. This local law shall take effect immediately. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY TO BE KNOWN AS HIDDEN HILLS DRIVE (NEW TOWN ROAD) RESOLUTION NO.78, Introduced by Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, Michael G. Woodbury and Ralph B. Woodbury, have executed and offered a deed for town roadways not less than fifty (50) feet in width for a new town road extending south/southwest from Dixon Road and an easement agreement for drainage purposes which are more particularly described in Schedule "A" and "B" annexed hereto and made a part hereof, and i WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System upon receipt of $24,000.00 to cover the cost of surface treatment and related construction pursuant to article 3 of the Town of Queensbury subdivision regulations, and A 69 WHEREAS, 'Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned subject to the following conditions: A reinspection of valves and valve boxes at the time of paving; maintenance of such mains shall be responsibility of the developer for a period of one year, and these conditions shall survive delivery of the deed, and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further, RESOLVED, that the aforementioned deed be and 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 shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that this road be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 427, Description: South/Southwest Name: Hidden Hills Drive Feet:2819' The following vote was taken: Abstain:Mr.Kurosaka Ayes: Mr. Borgos, Mr. Ronald Montesi Noes: Mrs. Betty Monahan, Mrs. Walter Absent: None MOTION DEFEATED DISCUSSION SUPERVISOR WALTER-Asked if the deeds and easements were on file (Town Clerk noted they were) Said this was of concern to the Town because these roads go back and forth over Niagara property. TOWN COUNSEL-Agreed and stated that he had a letter in his file from Niagara approving the conveyance to the Town of a portion of their right of way together with an agreement signed by the Woodbury's holding the Town harmless for any liability or damages that might occur pending the recording of that instrument. SUPERVISOR WALTER-Stated that the Town Board could not take a look at the road because of the snow on the ground. Asked why roads were being brought in for approval in the winter time? PAUL NAYLOR-This road was brought in and I saw it before the snow. Stated that he had gone through the specs etc. COUNCILMAN MONTESI-Asked Highway Superintendent if upon acceptance of this road tonight will the town have to plow this road tomorrow because it is legally a town road? PAUL NAYLOR-Yes, it is now plowed and will have to be maintained in a timely manner after they pave it. COUNCILMAN BORGOS-Stated that the $24,000.00 should cover the cost of surface treatment and related construction. TED BIGELOW-Stated that they were ready to begin construction and noted that the road had been plowed since the last meeting by Woodbury's so that the Town Board could go out and look at it. Noted that the agreement that had been worked out with the town was that Woodbury would put the money into escrow by way of certified check and as soon as we were able to pave it that would be done. P40 SUPERVISOR WALTER-Noted that, that was not discussed with the Town Board. TOWN COUNSEL-Stated that your subdivision regulations authorize the placement of funds in escrow for this. SUPERVISOR WALTER-At the Town Board's discretion. COUNCILMAN MONAHAN-Noted that we have set rules and regulations when the Town Board would accept these roads. TOWN COUNSEL-Pointed out that in his letter of February 24, when the problem with Niagara had been resolved in terms of the town obtaining something in writing...deposited with the town certain sums approved by Mr. Naylor, pursuant to the appropriate section of the subdivision regulations was set forth. COUNCILMAN BORGOS-Asked Mr. Bigelow if they had any objection to adding the phrase...to cover surfacing and construction of road. MR. BIGELOW-No, because if it is not enough we would cover the rest also. RESOLUTION TO SET PUBLIC HEARING AMENDING ZONING ORDINANCE TO CHANGE CERTAIN RESIDENTIAL ZONES RESULTING IN DECREASED DENSITY RESOLUTION NO. 79, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos WHEREAS, the Town Board of the Town of Queensbury has determined the need for the review and update of land use classifications for residential districts within the Town based upon soil classification, capacity for septic systems, current development trends, and arterial access, and WHEREAS, the Town Board has determined that there is a need for public input and comment on revising and updating the Zoning Ordinance to increase the area zoned RR-3A and to change the current zoning of land adjoining Potter Road, Dixon Road, West Mountain Road and Peggy Ann Road, and as more particularly described in the i annexed schedule, and 1 WHEREAS, the area for re-zoning has been mapped, a copy of which map may be examined in the Office of the Senior Planner, and Town Clerk's Office, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said amendments to the zoning ordinance and that said public hearing be held at 7:30 p.m. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the 24th day of March, 1987 at which time all persons interested in the subject thereof will be heard, and be it further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provided notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None (Description to follow discussion) DISCUSSION I SUPERVISOR WALTER-In discussing it with the Mayor, it was indicated that the city was looking to sell about a hundred acres of land, we did look at the zoning and in the end, although it is not the land they particularly wanted to sell, because we have zoned it smaller, they have...Mr. Mesinger indicated 76 acres. The city indicated that they would get back to us with their comments Asked the Town Board for comments? COUNCILMAN BORGOS-Is it possible for us to increase the size of the lots to one acre. 71 STUART MESINGER-All that would do is exclude certain areas. DESCRIPTION OF THE LANDS TO BE ZONED RR-3A BOUND BY POTTER ROAD, WEST MT. ROAD, PEGGY ANN ROAD, AND DIXON ROAD. All that certain piece or parcel of land situate, lying and being in n the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of Potter Road and West Mountain Road; running thence southerly along the center of said West Mountain Road approximately 1,580 feet, more or less, to the northwesterly bounds of the lands of Adolph and Erna Arzberger; thence running northeasterly along the northern bounds of said lands and continuing along a line that is a prolongation of the northerly bounds of said lands of Adolph and Erna Arzberger to the northeasterly corner of the lands of Carl and Joyce Garb; thence southerly along the eastern bounds of said lands of Carl and Joyce Garb and continuing along a line that is a prolongation of the eastern bounds of a said lands approximately 850 feet, more or less, to the intersection of Braydon Avenue; thence easterly along the northern bounds of Braydon Avenue and the northern bounds of the lands of Edwin an Linda Robitaille to the northeast corner of said lands of Edwin and Linda Robitaille; thence southerly along the eastern bounds of said lands of Edwin and Linda Robitaille and continuing along a line that is a prolongation of said easterly bounds approximately 260 feet, more or less, to the centerline of Peggy Ann road; thence running easterly along the centerline of Peggy Ann Road to the intersection with Dixon Road; thence running northwesterly along the centerline of Dixon Road approximately 2,930 feet, more or less, to the intersection with the northeasterly corner of tax lot 92-2-7.1; thence running southerly along the easterly bounds of said tax lot 92-2-7.1 and continuing along a line that is a prolongation of the easterly bounds of said tax lot 92-2-7.1, approximately 232 feet, more or less, to the southeasterly corner of the lands of Joseph and Cathy Dufour; thence running westerly along the southerly bounds of said lands of Joseph and Cathy Dufour and continuing along a line that is a prolongation of the southerly bounds of said lands of Joseph and Cathy Dufour, approximately 1,500 feet, more or less, to the southernmost bounds of the lands of James Ludwig and Edmond Dawson; thence running northerly along the westerly bounds of said lands of James Ludwig and Edmond Dawson and continuing along a line that is a prolongation of the westerly bounds of said lands of James Ludwig and Edmond Dawson approximately 475 feet, more or less to the intersection with the northern line of the property of the Niagara Mohawk Power Corporation; thence running westerly 1,540 feet, more or less, along the northerly bounds of said lands of the Niagara -- Mohawk Power Corporation to the southwest corner of tax lot 90-4-54; thence running northerly along the western bounds of said tax lot 90-4-54 and continuing along a line that is a prolongation of said westerly bounds approximately, 1,575 feet, more or less, to a point that is 50 feet south of the northwestern corner of the lands of Woong Man & Young Sook Lee; thence running westerly 1,880 feet, more or less, to a point; thence running northerly 435 feet, more or less, to the intersection with the centerline of Potter Road at a point that is the intersection of Potter Road and Buena Vista Avenue; thence running westerly along the centerline of Potter Road to the point of beginning. RESOLUTION ADOPTING ADDITION TO ZONING ORDINANCE, SUBDIVISION REGUALTIONS RESOLUTION NO. 80, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, the Queensbury Town Board set a public hearing on March 10, 1987 at 7:30 P.M on the proposed amendment to the Queensbury Zoning Ordinance and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed amendment to the Queensbury Zoning Ordinance, NOW, THEREFORE BE IT L RESOLVED, that the Town Board of the Town of Queensbury approved the addition to the Zoning Ordinance as follows: SUBDIVISION REGULATIONS AMENDMENTS TO ARTICLE 9 OF ZONING ORDINANCE SECTION 9.011-A single family dwelling or mobile home may be enlarged or rebuilt as follows: a) All set back provisions of this ordinance shall be met; and 72 B) No enlargement or rebuilding shall exceed an aggregate of fifty percent (50%) of the gross floor area of such single family dwelling or mobile home immediately prior to the commencement of the first enlargement or rebuilding. SECTION 9.062 - Use Nonconformity. Any structure which is a non-conforming use according to the provisions of this ordinance which is destroyed by fire, flood, wind, hurricane, tornado or other act beyond the control of man to the extent of 50% of the gross floor area of the structure or more, must be replaced to not more than its original dimensions and intensity (new) within eighteen (18) months of the destructive incident. If, within the eighteen(18) month period, the structure containing the nonconforming use is not rebuilt, the nonconforming use shall not be reestablished and the property shall only be used for a conforming use. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE LOCAL LAW TO AUTHORIZE PERSONNEL OF AVIATION MALL TO SERVE PARKING VIOLATIONS SUMMONSES. RESOLUTION 81, Introduced by Mr. George Kurosaka, who moved for adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Aviation Mall has requested the Town Board to be allowed to serve parking violation summonses, and WHEREAS, the Town Board proposed a Local Law to Authorize Personnel of Aviation Mall to serve Parking Violations Summonses in non-parking areas in said shopping center, and the proposed Local Law is worthy of consideration for legislative action, and WHEREAS, the Town Board set a public hearing on March 10, 1987 at 7:30 P.M. on such If proposal, and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed local law, NOW, THEREFORE BE IT RESOLVED, that the Local Law entitled a LOCAL LAW TO AUTHORIZE PERSONNEL OF AVIATION MALL TO SERVE PARKING VIOLATIONS SUMMONSES IN NON-PARKING AREAS OF SAID SHOPPING CENTER is hereby approved and said Local becomes effective upon filing with the Secretary of State. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None A LOCAL LAW TO AUTHORIZE PERSONNEL OF AVIATION MALL TO SERVE PARKING VIOLATIONS SUMMONSES IN NON PARKING AREAS OF SAID SHOPPING CENTER SECTION 1. For the purpose of this Local Law, the words, "vehicle", "owner", "parked", "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State f of New York SECTION Z. The parking or standing of a motor vehicle upon the lands and premises of the shopping center, known as Aviation Mall located on Aviation Road (Route 254) Town of Queensbury, including the roadways, fire lanes, pedestrian walks, handicapped spaces (unless vehicle so design and all other areas of said premises and the lands and premises contiguous and appurtenant thereto, excepting within those areas marked and defined by road markings as parking areas and except as herein otherwise provided, is prohibited. SECTION 3. The foregoing prohibition shall not apply to commercial vehicles parking at loading docks or rear service entrances to stores or business establishments in said shopping center while actively engaged in the delivery of merchandise, supplies or other material or in the rendering of services to such store or business establishment. SECTION 4. Any violation of the provisions of this Local Law shall, upon conviction, be punishable by a fine not to exceed Twenty Five Dollars ($25.00) for a first violation and not to exceed One Hundred Dollars ($100.00) for each subsequent violation and shall further subject such violator to such further penalties as may be provided by the Vehicle and Traffic Law of the State of New York. A notice of violation hereunder may be served upon such violator by placing such notice on the windshield of the motor vehicle in violation and may be so served by the Mall Manager, Assistant Manager, Chief of Security of the Shopping Center or by any duly authorized Officer or employee of the Town of Queensbury. SECTION 5. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. DISCUSSION: SUPERVISOR WALTER-Noted that the Town Clerk would be sending this out tomorrow and in about a month, the procedures would be set up. COMMUNICATIONS Ltr-from Highway Superintendent, Paul Naylor, accepting bid on Tandem on file. RESOLUTION TO ACCEPT BID RESOLUTION NO.82, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Mr. Paul Naylor, Highway Supt. for the Town of Queensbury did recommend that we advertise for bids for a Diesel Powered Dump Truck Tandem with Snow Plow Wing and Hopper Spreader and, j WHEREAS, four bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk, Darleen M. Dougher, and such bids were then turned over to Mr. Naylor for his recommendation, and WHEREAS, Mr. Naylor reviewed the bids submitted for the above referenced item. In particular, and the apparent low bidder H. L. Gage has not met the specifications and WHEREAS, Town Counsel by letter has stated that the specifications requested a caterpillar 3406 engine, or equivalent with 893 cubic inch displacement and capable of 280 gross horse power at 2100 rpms and 1015 gross torque at 1200 rpms. The clutch was specified at 15 1/2 inches and a 7 speed transmission was called for. The apparent low bidder offered a smaller engine of 611 cubic inch displacement with a 14 inch clutch and a 10 speed transmission. It appears that there that there is a material variation between the specifications requested and the bid submitted by H.L.Gage. It is my understanding the Highway Department set the specifications requiring a large block engine based on their experience that such engines last longer and require fewer repairs. Further, the power requirements were designed to insure that the vehicle could negotiate the mountain terrain and plow snow at 35 mph. Finally, the transmission speed was set based on local driving conditions and not on the need for long distance hauling and WHEREAS, Mr. Naylor recommends to accept the second low bid of Orange Ford, Albany, New York, of $84,484.00 per the advise and legal in-put of the Town Attorney. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury approved the Bid of Orange Ford, Albany, New York in the amount of $84,484.00 and be it further RESOLVED, that the financing for such vehicle is in the 1987 Town Highway Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter '74 Noes: None Absent: None LTR-Earltown Corp.,, asking Town Board to submit their application to Queensbury Planning Board for review and Queensbury Town Board to officially state their intent of declaring Queensbury as lead agency...on file. SUPERVISOR WALTER-Asked if we had the Earltown applications? STUART MESINGER-Presented the Town Board with the applications. RESOLUTION ESTABLISHING LEAD AGENCY FOR REVIEW OF EARLTOWN CORPORATION APPLICATION FOR PLANNED UNIT DEVELOPMENT RESOLUTION NO 83, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, Article 8 of the Environmental Conservation Law established the State Environmental Quality Review Act, and WHEREAS, such act requires environmental review of certain actions requiring approval by local governments, and WHEREAS, Earltown Corporation has applied for approval of a proposed planned unit development off Quaker, Ridge and County Line Roads in the Town of Queensbury which consists of an 882 acre development with plans for 548 single family dwellings, 400 multi-family dwellings, restaurant-inn complex, a maximum of 20 additional smaller inns, 36 hole golf course, commercial strip, light manufacturing district, and several open space/park areas. WHEREAS, the Town Board of the Town of Queensbury is authorized to grant approval for such planned unit development in accordance with Article 15 of Town of Queensbury Zoning Ordinance, and WHEREAS, the Town Board of the Town of Queensbury and the developer have agreed that the proposal constitutes a Type I action under SEAR, and WHEREAS, the Town Board of the Town of Queensbury has determined that the anticipated impacts of the action are primarily of local significance including local land use classification, sewer and water usage, open space usage and temporary and permanent local employment opportunities, and WHEREAS, the Town Board of the Town of Queensbury is best qualified as lead agency to review the aforesaid local impacts, and WHEREAS, the Town Board intends to avail itself of the use of technical experts in the review of the proposed project and any Environmental Impact Statements, and NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury shall notify all involved state or local agencies of its determination to act as lead agency unless written objection to such designation shall be received within 30 days, hereof, and be it FURTHER RESOLVED, that copies of this resolution, the annexed notice and EAF be forwarded to those agencies listed in the distribution list annexed hereto. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None (Distribution list on file) RESOLUTION REQUESTING QUEENSBURY PLANNING BOARD REVIEW RESOLUTION NO. 84, Introduced by Mr. Stephen Borgos who moved for its adoption, 75 seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby turns over to the Queensbury Planning Board the PUD application of Earltown Corporation for their review, comments and recommendations. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None j Absent: None BID OPENING "BID" WATER MATERIALS L&C Municipal Sales, Inc. Non-collusive attached $17333.79 85 1/2 E. Main Street P.O. Box 446 Johnstown, N.Y. 12095 RESOLUTION TO ACCEPT BID RESOLUTION NO. 85, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Mr. Thomas Flaherty, Water Superintendent for the Town of Queensbury did recommend that we advertise for bids for water materials and WHEREAS, one bid was submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher and WHEREAS, Mr. Thomas Flaherty, Water Superintendent has recommended the bid be awarded to L&C Municipal Sales, Inc., Johnstown, New York 12095 NOW, THEREFORE BE IT ~— RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of L&C Municipal Sales, Inc. in the amount of $17333.79 and be it further RESOLVED, that the financing for such materials is included in the 1987 Water Department Budget. Duly adopted by the following vote: Ayes:Mr. Kurosaka, Mr. Borgos,Mrs. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None LTR.- Queensbury Central Volunteer Fire Co., Inc. Membership Roster of the Queensbury Central Volunteer Fire Company Incorporated...on file. LTR- Thomas K. Flaherty regarding the Adirondack Waterworks Conference...on file. �- RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 86, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, That permission is hereby granted to Mr. Thomas Flaherty, Water Superintendent, Ralph VanDusen, Deputy Superintendent and Maintenance Supervisor Tim Burch, to attend the Annual Spring Meeting of the Adirondack Waterworks Conference on Thursday, March 26, 1987 at the Bonaventure's in Troy, New York, AND BE IT FURTHER RESOLVED, that the Town Board authorize payment of all necessary and reasonable 76 expenses involved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None LTR.- Stuart F. Mesinger, regarding Conference...on file RESOLUTION TO ATTEND CONFERENCE RESOLUTION NO.87, Introduced by Mr. George Kurosaka, who moved for its adoption seconded by Mr. Stephen Borgos. RESOLVED, that permission is hereby granted to Mr. Stuart Mesinger, Town Planner, to attend the American Planning Association, National Planning Conference in New York City from April 26 through 28, AND BE IT FURTHER RESOLVED, that The Town Board authorize payment of all necessary and reasonable expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None LTR.- Gary Bowen - Hiland Park regarding the E.I.S and P.U.D...on file SUPERVISOR WALTER-Noted that there is a slight hitch in the time frame and we need to request Mr. Bowen to give the Town Board an extension for review. LTR. - Gary Bowen - Hiland Park, The letter was proposed so we could file some action this evening following a number of conversations with the Town Counsel, as you indicated it is a large project, and what we are interested in finding out is if in fact the Town Engineer could be put in contact with our engineer and the course of action we carefully laid out, if that would be acceptable and also to identify if Queensbury would like to be the water source for our project. Those are the three things we would like addressed. SUPERVISOR WALTER-We do not have a Town Engineer so we will have to get one, and find out who has worked on it and who hasn't worked on it and I don't know what action we can take this evening. GARY BOWEN-We first brought this proposal up ten days ago, not the first proposal for water but we talked about the details of how it is done, about being included in a water district for some months now. SUPERVISOR WALTER-Asked what action the Town Board was supposed to be taking this evening? GARY BOWEN-Stated that his understanding was that when their concept plan has been submitted and they asked to be included in a water district for some months now, I think you discussed that it was a large project and an engineer like Mr. Kestner might be the one. SUPERVISOR WALTER-No, I said that he had done a great deal of our water work but for our water work lately, we have been using Mr. Scudder. Asked again what the Town Board action was to be taken by March 10? GARY BOWEN-Perhaps put your engineer in contact with our engineer because we have carefully laid it out according to rules and regulations set out by the Town Attorney in other projects. SUPERVISOR WALTER-We have to look what the cost is going to be for the Town Engineer to prepare paper work for the district. In order for the Town to create a water district we have to put in Darleen's office a map plan and report of the district and that has been prepared by a Town retained Engineer. What you are saying is that our engineer only has to check over the work your engineer has done? GARY BOWEN-That's correct, that's our proposal. SUPERVISOR WALTER-I have your project upper most in my mind but I want to see how we are going to interface with the sizing of the pipe which is great for your particular PUD but we may be looking to extend our water further out either to the north or to the west and we may need a transmission line that's a little bit bigger than what we are looking at for your project. j GARY BOWEN-We understand that...we recommended that initially. We have had a number of meetings with Bay Ridge Fire Company to that end...we have showed them our proposal which has 70 fire hydrants in it. We have asked them to help select locations of the fire hydrants in conjunction with the mandated 800 foot range. We understand also that there is water on the west side of us and the south side, therefore the north and east sides would be in contention for just such transmission lines which we have suggested to our engineer. We have been told we should engineer our project and then at the time the drawings are checked and approved by the Town Engineer the line sizes would be changed on the main route to indicate that 12 inch lines would go off the east end of the project and the north end of the project,whether the Town creates the district or we create the district... SUPERVISOR WALTER-You can't create the district. GARY BOWEN-Asked Town Counsel for clarification? TOWN COUNSEL-There are basically three methods under which Town law that a special improvement district can be created and it sounds to me, based on what we have talked about also what your letter says, the Town Board creates the district, because ultimately it is going to become part of the special districts that the town has. In terms of complying with the provisions of the Town Law the Town Law says you have got to have a map plan and report prepared by a competent professional engineer. It does not specify that it has to be a Town Engineer and what ever happens in the course of creating this district from the legal standpoint, we want to make sure it does comply with the provisions of the Town Law. SUPERVISOR WALTER-We will use a Town Engineer...we will not use a developers engineer to create a district that will interface with the town. We have to look at the broad spectrum of how we are going to be extending our water districts. COUNCILMAN KUROSAKA-Stated that Mr. Bowen wants our engineer or who we employ as an engineer to set down with his engineer and come up with a joint plan that we can accept. COUNCILMAN BORGOS-When we talked about the subdivision other kinds of subdivisions, we said to the subdivider you do the road and we will hire people up to a certain amount to quickly review what has been done...this might be where the confusion is... water districts are entirely separate. GARY BOWEN-We have 713 acres...and we have asked the town initially to run the pipes up our road and we would pick them up in our development because there are town and county roads in our development already. That approach was refused...it was deemed that that was in side our development and therefore the town will not run water lines inside our development regardless whether they are town roads or county roads. We accepted that so we were told that we had to provide our own water at our cost. We know what items are going in there and our engineer has gone and designed the project with the water usage for the dwelling places and the activities that will go on there. `~ The engineer has not done this in isolation...the biggest item is he has to go with is the fire code and the fire underwriter has to approve all the fire codes in the whole district which the fire underwriter has gone through all the calculations as well as your engineer would go through all the calculations. COUNCILMAN BORGOS-Asked if the economic side of it and the taxable valuation has been determined for the whole property, who would pay and how much per thousand etc. GARY BOWEN-Yes, it is in the report...we pay for everything. Our attorney talked with Wilson about the incorporation of the district just like a road, we engineer it, it is approved, we don't want to do it in isolation, if in fact transmission lines want to go off our property, fine just tell us that. We were told that since the district is set up 7S we have to pay for it anyway so we are saying that we are should pay for all the paper work, we were told by our attorney and Wilson that by us doing it, it will save us a couple of steps. SUPERVISOR WALTER-Noted that the Town Board makes the determinations as to how they want things done and Mr. Mathias is their legal counsel. COUNCILMAN MONTESI-When we said to Mr. Bowen, we are not going to pay for water in that road, we in essence said you are going to have to bear the burden of this and he went out and hired an engineer and did it...and for economic reasons it seems foolish that we are going to go out and hire an engineer and make him do all of this work over again. SUPERVISOR WALTER-He doesn't do all the work over again and you can't have an engineer just review it. His engineer has been hired like any other subdividers engineer is hired ' and any developer that comes before the Planning Board with a subdivision has had an engineer create the pipe lines in his district. What we are looking at is pipe lines in the roads that will act as transmission mains for other parts of town. Mr. Bowen is concerned with his PUD as Town Board Members noted that they should take a good look, because this district is going up north and east, as to where our next extension is going to be, that is the reason to have a Town Engineer who is acquainted with what we are trying to do, perhaps resize the mains in the areas we want to extend our district. That is why I am saying you can't just take his plan and have a guy put a stamp on it and review it and say it is OK. We have to take a little bit of time to look at this. COUNCILMAN MONTESI-Noted that perhaps we could use Mr. Bowens map for reference rather than have our engineer go out and start fresh. SUPERVISOR WALTER-Stated that the Town Board would have to make a recommendation to retain a Town Engineer and if a consensus is made before the next meeting and the engineer wants to start work before the resolution, that can happen but as far as passing a resolution, we are not able to do that. MR. BOWEN-Ref erred to his letter asking if the Town was willing to supply his development with water? SUPERVISOR WALTER-Yes. MR. BOWEN-The next thing was could our engineer be in contact with the Town Engineer SUPERVISOR WALTER-Stated that was not a problem and that as soon as we come up with a consensus of the Town Board on who the engineer will be then we can ask him if he wants to start work before we actually get to that resolution. MR. BOWEN-We are requesting since we were told that the Town would not run water lines to the now existing county and town roads in our development therefore we then took our responsibility and did the conceptual engineering after the land plan was done and so on. Then as we are investigating this, we find that in doing the engineering and all the other aspects it looks like the most economical way for us to approach a large water system in plan is for us to do it ourselves... that is our main request. SUPERVISOR WALTER-We have contracts with other developers who are doing it themselves and we require some upfront money and I don't think that is a problem. MR. BOWEN-When our attorneys were talking with Wilson Mathias they were discussing the big picture and I think there is perhaps some misunderstandings here that I want clarified. We were told as a land owner, we can create the extension to a water district through the auspices of this body, do the work and as a matter of fact I have notes back in the office, saying there were a couple of procedures that we both save in our doing it and funding it putting the letters of credit on it and then donating it to the town once the system is approved, just like a town road. SUPERVISOR WALTER-Asked where the conversation about letters of credit came from? MR. BOWEN-We understand that letters of credit under the way we are proposing to do are the same as a bond. SUPERVISOR WALTER-We need to talk about these things because those are Town Board matters and I would appreciate a conversation with you so we can go over these kinds of things. No one else can make these decisions but the Town Board. 79 REPORTS Town Clerk, Building & Code Enforcement reports for February 1987 on file. COUNCILMAN MONAHAN-Read communication from the Recreation Commission regarding title change for Department Director...and asked the Town Board to consider the proposal. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 88, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. Stephen Borgos. RESOLVED, that Audit of Bills as appears on Abstract and numbered 571-1275, March 10, 1987 and totaling $339,738.91 and be it further RESOLVED, that abstract 1135 totaling $284.74 be pulled from March 10, 1987 audit. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 89, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None On Motion the meeting was adjourned. RESPECTFULLY SUBMITTED. DARLEEN DOUGHER, TOWN CLERK