1988-07-12 TOWN BOARD MEETING
JULY 12, 1988
4:07 P.M.
MEMBERS PRESENT
Stephen Borgos-Supervisor
Marilyn Potenza-Councilman
Ronald Montesi-Councilman
Betty Monahan-Councilman
Mr. Paul Dusek-Town Attorney
MEMBERS ABSENT
George Kurosaka-Councilman
PRESS: G.F. Post Star, WBZA, WENU
GUESTS: Mr. Alfred Greeno
TOWN OFFICIALS PRESENT: Mr. Rick Missita, Mr. Dave Hatin
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI
PUBLIC HEARING-Proposed Local Law-Stay filing
NOTICE SHOWN 4:10 P.M.
SUPERVISOR BORGOS-The first item of business is a public hearing regarding the
stay filing for major residential subdivisions, otherwise known as increasing our
stay for the moratorium. Asked for public input...this proposal would extend the
moratorium from its current deadline of July 30th to a new deadline of September
30th. It is interesting that the last two extensions no was here to speak either
for or against. Asked if any member of the Town Board wished to speak?
COUNCILMAN MONAHAN-I think it is necessary to do the job that we are trying to
do on the Master Plan, to get all the flaws out of it...
SUPERVISOR BORGOS-Does anyone else wish to speak.
COUNCILMAN POTENZA-I think is has all been said before.
SUPERVISOR BORGOS-We all sincerely regret the extension, we see no other alternative.
If there is no public comment at this public hearing we will close the hearing.
4:12 P.M.
OPEN FORUM
BARBARA BENNETT-Dixon Road-You had a long executive session last night on Round
Pond do you care to make any comment?
SUPERVISOR BORGOS-We had about a three hour executive session last night, a small
portion was devoted to Round Pond, the majority of it was devoted to other matters
of litigation. Nothing has come out of that at this moment we are not in the position
to take any action or make any announcement at the moment. I think that within
the next week or so we should have some further announcement. We only had received
the Judges decision yesterday, we had just a very few minutes to go through that
decision and what it might mean and look at some alternatives, legal counsel is
to advise us more fully in the next few days. Really only a few minutes of that
three hours was devoted to that.
ALFRED GREENO-Corinth Road-Two years ago I came before the Town Board in regard
to Westside Junk Yard, we were promised faithfully that they would see to it that
they would live up to the rules and regulations and would not be given a permit
until such time as, you allowed them to operate however until they were issued
one in November in which time in no way would it meet the requirements. Why it
was done I do not know. George Kurosaka, was supposed to finalize, be sure it
was that way before the approval was made by the zoning dept. granting of the ...he
also promised that a couple of us could go with him and make sure things were that
way. However things just weren't, I talked to him once or twice and George had
said that Mr. Lebowitz was going to do this and Mr. Lebowitz was going to do that
64
I told him yes, he was very good at promises but rather slow on delivery. That
still seems to be the case, I did not say anything before because by the time you
did issue the permit it was November it would have been pretty hard to do some
of the things outside that should have been done. I figured last summer that those
things could have been caught up and done but as far as I can see little or nothing
was done. From that time on there has been a little dirt removed from some piles
that were out there but basically that is it. You can look right through one section
of the fence right up into the junk yard also they raised the level from the fill
that was dropped off from Luzerne Road, when they straighten out the turn and raised
the level of the junk yard so actually they got an eight foot fence but it amounts
to the same thing digging a ditch and putting it in.
SUPERVISOR BORGOS-I will ask our new Director of Building and Codes to check on
this tomorrow.
MR. ALFRED GREENO-I do not know if they have been granted a renewal or not...It
seems to be a problem for the Building Dept. to get these things inspected, you
got a man that is doing another job that it seems to be overlapping with this your
Fire Marshal, Mr. Bodenweiser, I would think he would have to inspect their building,
just the same as any business if such is the case could that, could his duties
be expanded, with enumeration to cover it?
SUPERVISOR BORGOS-I am sure it would not be the money in Bill 's case, those two
offices work closely together. We can check into technicalities I think that the
way it is structured right now there are two separate things although they work
closely together, certainly that is a good suggestion and we will discuss that
possibility.
MR. ALFRED GREENO-Presented the Board with some pictures regarding the Junk Yard...
SUPERVISOR BORGOS-The answer from the Town Clerk is no, the license has not been
renewed.
BERNARD RAHILL- 37 Wincrest Drive - I want to reopen the question of the extension
of the moratorium, on the meeting of the 27th you said that Warren Co. Bar Association
had questions about the plans that had been written and consequently you were going
to extend the moratorium to the 30th of September in order to clarify some issue.
Today you are deciding whether it is the 30th of July or the 30th of September
which is a surprise to me because you are saying one thing at one meeting and one
thing at another.
SUPERVISOR BORGOS-It is currently the 30th of July and based on the public hearing
in which there were no comments we were going to make a decision to extend it to
September 30th we will vote on that before this meeting is over.
BERNARD RAHILL-In view of the fact that Queensbury has more residential development
in dollar terms than any other town in New York State from Albany County to the
Canadian Border I think we have to take a look at the flood gates that may be open
by a rash move on the moratorium. With regards to Round Pond, the question that
I bring up as I stand here I have to trust you as human beings not being fellows
and gals with black hats and I know that there was a group of people who signed
signatures 706 and they formed a committee for Round Pond. I am sure there is
another Round Pond Committee that certainly would like to dialogue with you and
see exactly what your position is on Round Pond discuss the issues with you personally
and have a dialogue on this matter so that you can establish a relationship which
is cordial and understanding rather than one which will be totally a battle between
two groups because we would like to see things worked out for the benefit of the
community. I would like you thinking on that particular point.
COUNCILMAN MONTESI-One of the concerns it involved a cooperative venture it is
no secret we have charged our Attorney with talking with the Queensbury Assoc.
and talking about a date for a meeting for an election if there was going to be
one.The final report from the Judges didn't specify that it had to be in thirty
days, sixty days. What would be a good time to have an election, would it be mutually
beneficial to have it at a general election which is Presidential Election when
a lot of people would vote on it, you would get good turn out. Those are some
of the questions that we need to have some dialogue from this Town Board and that
group that filed the petition. We charged Paul Dusek to open up the dialogue...Now
that the decision is in, the Judge has not helped us much we have to sit down and
figure out they said fifty acres, we all assume it is fifty acres including the
pond but if we use the dialogue that was in the petition it did not have a value
so we have to put a value on that. It is extremely important to have a court appraisal,
65
an appraisal that will stand up to the test of time, we may need a couple of them.
We are looking at some dollars here, anywhere from three to five thousand dollars
for an appraisal on that property. Once we get those appraisals we will be able
to design a ballot.I for one as a Town Board Member feel we have done what we felt
philosophically strong about, we didn't think that we wanted to be involved in,
I did not want to be involved in a taking of someones land, we fought that and
we lost. I as a Board member am prepared to say lets hold an election and I for
one want to be totally objective about it I want you to the public to have the
figures they need to make a good decision on it. Something that does not appear
on the ballot, is that people should understand when you do take something by eminent
domain that the person you are taking from, you can put a value on it and give
him that dollar amount but he has a right to go to court, so that is, we think
by what ever appraisals we have that Round Pond is worth a million or million and
a half and Mr. Passarelli thinks it is worth five million maybe a Judge will give
him three I do not know that but I think it is important that people understand
the impact could be more than just the value that we set on it. Once we do own
it, there is another cost factor that we have to think about and that is the restoration
or renovation of it. There is some demolition that has to go on and then there
is big decision that has to be made jointly with the community and that is do we
want to see that as passive recreational or active, there are ramification there
in regard to costs. All in all I think we are heading in the right direction.
My feeling philosophically is that I want to see an election held if it can be
held with the general election I think that would be cost effective, we do not
have in the budget to have a special election.
MARILYN POTENZA-I have one comment, we have an open forum at every board meeting
and I think there may be some legalities to set down with an association and talk
about the Round Pond issue. Anyone can come to the open forum and air their views
and we are here representing the people of the Town and I do not see a need of
a meeting between an association and the Town Board. This is not a choice between
the association and the Town Board this is a choice between the members of the
community, the citizens of the Town of Queensbury, therefore I see no reason why
at an open forum anyone can speak for or against, I think the way to discuss a
problem is to discuss it openly and honestly at a Town Board Meeting.
COUNCILMAN MONTESI-I do want you to understand what I told you is totally my opinion,
the Board has not decided if they will have an election or not.
MR. RAHILL-The original decision was 60 to 75 days and that decision was approved
by the appellate division of the court, Judge Mucri, I am just making a statement
I really do not know, that is something that perhaps has not been ironed out between
you and the court. I really would like all the members of the Town Board to make
a clear position with regards to Round Pond. The last time I heard somebody speak
about Round Pond while I was at a Town Board Meeting was a gentleman who came up
and very humbly and meekly asked the former Supervisor if the Town Board could
do anything about establishing a park at Round Pond for the benefit of the community
and the Supervisor at the time said we cannot do anything at the present time because
it is in litigation. I would like to say to you that it is out of litigation and
decision has been made for a referendum. I would like you to meet either with
me a group of people that are interested in Round Pond or come out with your own
position on Round Pond so that everybody knows whether you clearly support or do
not support the establishment of a Park for swimming for ice skating for children
in Queensbury, Central Queensbury. That is all I am asking, once we know were
you stand we will know what you think of us as taxpayers, because the taxpayers
do want to receive Federal monies and State monies and Town monies and County monies
for the benefit of the youngsters and for the families of Queensbury. We would
like you to work with us, not against us. Thank you very much.
ALFRED GREENO-Regarding the 911 enhanced system has the Town considered numbering
any streets or roads?
SUPERVISOR BORGOS-The enhanced 911 came into effect yesterday, it is a very good
system but you are right in some areas where you live on a road that has no street
numbering it really doesn't help as much as we would like it. I have met with
the current Post Master and another representative of the Post Office we are all
ready in communication with the Fire Dept. and Rescue Squads and I have called
for a meeting with the leaders, one representative of each Fire Dept, and Rescue
to meet with me and with the Postal Authorities because the postal authorities
have offered their services in helping to number or renumber those roads where
it would be appropriate, I think everybody is going to agree with that. We do
not believe that mailing address will change, there is a system that is used in
other communities particularly when the enhanced 911 has come in so working with
66
the Post Office and the Emergencies Services we should be able to come up with
numbering of streets to help everybody.
RESOLUTIONS
RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT
RESOLUTION NO. 288, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, residents of Dream Lake Road have approached the Town Board over the existing
speed limit on Dream Lake Road to be lowered,
NOW, THEREFORE BE IT
RESOLVED, that the Town Clerk be authorized to send the proper form to the Department
of Transportation through the Warren County D.P.W. requesting that the speed limit
be lowered on Dream Lake Road.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO CORRECT RESOLUTION NO. 208
RESOLUTION NO. 289, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board for the Town of Queensbury previously passed Resolution
NO. 208 which provided for the retaining of an attorney, Mr. Patrick J. Tomaselli,
and
WHEREAS, that resolution is incorrectly stated in the minutes from this Board and
instead of indicating that Mr. Tomaselli's services do not exceed $95.00 per hour,
and not exceed $2,000.00, it should indicated that the fee for services will not
exceed $95.00 per hour and that a retainer in the sum of $2,000.00 shall be paid
from which Mr. Tomaselli will bill for his services until the same is depleted
at a rate of $95.00 per hour for services rendered.
NOW, THEREFORE, BE IT
RESOLVED, that Resolution No. 208 retaining Mr. Patrick J. Tomaselli as counsel
is hereby corrected to read as follows:
RESOLVED, that the Town Board of the Town of Queensbury hereby retains Mr. Patrick
Tomaselli of Troy, New York, a Counsel who specializes in construction law and
be it further
RESOLVED, that the fee charged for such services will not exceed Ninety-five Dollars
($95.00) per hour and the Town shall pay to Mr. Tomaselli a retainer of $2,000.00
from which Mr. Tomaselli will draw his fee until such time as the retainer has
been depleted, at which time Mr. Tomaselli will bill the Town directly for his
services.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO AMEND RESOLUTION NO. 208
RESOLUTION NO. 290, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, by Resolution no. 208, the Town Board of the Town of Queensbury retained
Mr. Patrick J. Tomaselli of Troy, New York to represent the Town of Queensbury
in certain matters relating to the construction of the Town Office Building and
WHEREAS, that resolution providing for the payment of a retainer in the amount
of $2,000.00 and
WHEREAS, such retainer has not been paid and Mr. Tomaselli will submit vouchers
for his fees as incurred,
NOW, THEREFORE BE IT
RESOLVED, that that part of Resolution No. 208 requiring the Town of Queensbury
to pay a retainer of $2,000.00 is hereby rescinded and declared null and void,
as Mr. Patrick J. Tomaselli will bill the Town for legal services rendered by the
commission of vouchers.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO ESTABLISH POSITION
RESOLUTION NO. 291, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, it is necessary to establish the position of Administrative Assistant
who shall report to the Town Supervisor for the purpose of providing full-time
confidential support for the Town Supervisor,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the
position of Administrative Assistant who shall report to the Town Supervisor, and
BE IT FURTHER
RESOLVED, that the annual salary for the Administrative Assistant for the Town
Supervisor shall be $22,000.00 for the 1988 year.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO APPOINT ADMINISTRATIVE ASSISTANT
RESOLUTION NO. 292, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the position of Administrative Assistant who shall report to the Supervisor
has been established, and
WHEREAS, a qualified candidate has been selected,
NOW, THEREFORE BE IT
RESOLVED, to appoint Ms. Kathleen Kathe to the position of Administrative Assistant
who shall report to the Town Supervisor at an annual salary of $22,000.00.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
68
Absent: Mr. Kurosaka
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO. 293, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, because of the computerized budget system, certain line items were estimated
at budget time, and these estimates needed to be reevaluated for expenditures,
NOW, THEREFORE BE IT
RESOLVED, to transfer funds per attached.
FROM TO
12,000. A1251440175 Town Engineer A0451220171 Supv. Admin. Ass't
107. A0451220401 Supv. Office Supply A0451220422 Supv. Training
7,500. A1151420179 Tn. Attorney A1151420132 Tn. Attor.Conf.Sec.
5,000. A1151420179 Tn. Attorney A1151420405 Tn. Attor.Books,Pub.
2,500. A1151420179 Tn. Attorney A1151420201 Tn. Attor.Off.Equip.
200. A1151420179 Tn. Attorney A1151420404 Tn. Attor.Dues,reg.
7,000. A3310599 Approp.Fund Bal. A1451620401 TOB Office Supply
10,000. A3310599 Approp.Fund Bal. A1451620124 TOB Maint.Man PT.
5,200. A3310599 Approp.Fund Bal. A1451620107 TOB Clerk PT.
4,800. A3310599 Approp.Fund Bal. A1451620176 TOB Main.Man FT.
200. A1251440175 Tn.Engineer A1451620408 TOB Adv.
2,000. A1451627466 Qsby.Cntr.Ele.Rep. A1451620450 TOB Fuel Oil
3,200. A1251440175 Tn. Engineer A1451622406 Serv. Contracts
4,000. A3310599 Approp.Fund Bal. A1031410121 Tn.Clerk PtDepClerk
4,030. A3310599 Approp.Fund Bal. A1451627186 Qsby.Cntr.Coord.
4,040. A3310599 Approp.Fund Bal. A1451627187 Qsby.Cntr.Ass'tCord.
500. A1451623466 Hwy.Bldg.Misc.Cont. A1451627203 Qsby.Cntr.Computer
1,500. A1451624410 Justice, Phone A1451627203 Qsby.Cntr.Computer
500. A1451624466 Justice,Elec.Repair A1451627203 Qsby.Cntr.Computer
1,000. A1451627402 Qsby.Cntr.Clean/Supply A1451627203 Qsby.Cntr.Computer
900. A1451622430 TOB Utilities A1451627201 Qsby.Cntr. Off.Equip.
500. A1251440175 Tn.Engineer A1451627412 Qsby.Cntr. Printing
500. A1451624444 Justice Bldg. A1451627408 Qsby.Cntr. Adv.
20,000. A3310599 Approp.Fund Bal. A2351910440 Unall. Ins.
1,000. A1451622430 TOB Utilities A2355630440 Bus. Operations
2,000. A1451627430 Qsby.Cntr.Utilties A2359055800 DBL Ins.
300. A1451623443 Hwy.Bldg.Misc.Cont. A2359055800 DBL Ins.
500. A0951355203 Assess.Computer A0951355108 Assess. Clerk PT.
5,250. A0951355203 Assess. Computer A0951355107 Assess. Data Coll.
2,750. A0951355203 Assess. Computer A0951355167 Assess. R.P.Inf.Clerk
100. A0951355201 Assess. Office.Equip. A0951355409 Assess. Conf. Exp.
100. A0951355401 Assess. Office.Supply A0951355409 Assess. Conf. Exp.
100. A0951355411 Assess. Vehicle Rep. A0951355409 Assess. Conf. Exp.
600. A1753410440 Fire Marsl.Misc.Cont. A1753410200 Fire Marsl.Equip.
350. A1753410411 Fire Marsl.Veh.Main. A1753410200 Fire Marsl.Equip.
250. A1753410407 Fire Marsl.Equip.Rep. A1753410200 Fire Marsl. Equip.
200. A2057310440 Parks/Rec. Misc. Cont. A2057310206 Parks/Rec. Tools
50. A2057310440 Parks/Rec. Misc. Cont. A2057310401 Parks/Rec. Off.Supply
100. A2057310440 Parks/Rec. Misc. Cont. A2057310403 Parks/Rec. Postage
500. A2057310440 Parks/Rec. Misc. Cont. A2057310411 Parks/Rec,Veh. Rep.
200. A2057310440 Parks/Rec. Misc. Cont. A2057310412 Parks/Rec.Printing
300. A2057310440 Parks/Rec. Misc. Cont. A2057310427 Parks/Rec. Chemicals
500. A2057310440 Parks/Rec. Misc. Cont. A2057310441 Parks/Rec. Gas
500. A2158010182 B1dg.Codes Director A2158010422 B1dg.Code Training
500. A2158010182 B1dg.Codes Director A2158010441 B1dg.Code Gas
1,000. A2158010413 B1dg.Codes LegalServ. A2158010401 B1dg.Code Office
100. A1251440175 Tn.Attorney A2258020201 Ping./Zoning Off.Suppl.
1,000. A0251010409 Tn.Bd. Conf.Exp. A2258020403 Ping./Zoning Postage
64. A2258020414 P1ng.Zong. Travel A2258020404 Ping./Zoning Dues
500. A2258020411 P1ng.Zong. vehic. rep. A2258020420 Ping./Zoning Ins.
200. A2258020414 P1ng.Zong. Travel A2258020440 Ping./Zoning Misc.
20,000. A3310599 Approp.Fund Bal. A2258020471 Ping./Zoning Eng.Serv.
25,000. A3310599 Approp.Fund Bal. A2258020473 Ping./Zoning MasterPln.
65. A2258020414 Ping.Zong. Travel A2258020422 Ping./Zoning Training
2,000. A1553120166 Police,Off.Pt. A2258020185 Ping./Zoning Intern
700. A1151420179 Tn. Attorney A2258020185 Ping./Zoning Intern
S)
170. A2258020414 P1ng.Zong. Travel A2258020412 Ping./Zoning Printing
1,000. A1251440200 Eng. Equip. A2258020412 Ping./Zoning Printing
5,000. A3053310416 Hwy.Signs A3053310417 Hwy. Traffic Repairs
387. A3255010203 Hwy. Computer A3255010201 Hwy. Office Equip.
1,613. A3255010203 Hwy. Computer A3255010205 Hwy. Radios
75. A3255010440 Hwy. Misc. Cont. A3255010403 Hwy. Postage
500. A3455182430 Hwy. Street Light A3255010409 Hwy. Conf.Exp.
300. A3455182430 Hwy. Street Light A3255010410 Hwy. Phone
950. C2458811430 Crematory Utilities C2458810138 Cemetery Supt.
800. C2458811430 Crematory Utilities C2458810420 Cemetery Ins.
100. C2458811430 Crematory Utilities C2458811410 Crematory Phone
500. C2459060800 Hospitalization C2459055800 DBL Ins.
800. C2458811201 Crematory, Equip. C2458811440 Crematory Misc. Cont.
35,000. D3310599 Approp. Fund Bal. D1655130420 Hwy. Mach. Inc.
10,000. D1655130447 Hwy. Mach. Blades D1655130440 Hwy. Mach. Misc.
5,500. J1268160478 Landfill Scrap removal J12658160184 Landfill L.E.O's
1,300. J1268160478 Landfill Scrap removal J12658160420 Landfill Ins.
1,300. J1268160478 Landfill Scrap removal J12658160430 Landfill Utilities
9,089. J12658160440 landfill, Misc. J12658160471 landfill Eng. Serv.
50. W12758310440 Qsby. Wtr. Admin. Misc. W12758310408 Qsby. Wtr. Admin.
100. W12758310440 Qsby.Wtr. Admin. Misc. W12758310404 Qsby. Wtr. dues/reg.
200. W12758310440 Qsby. Wtr. Admin. Misc. W12758310406 Qsby. Wtr. Serv.
100. W12758310440 Qsby. Wtr. Admin. Misc. W12758310405 Qsby. Wtr. Books/pub.
3,000. W12758340440 Qsby. Wtr. T&DMisc. W12758310412 Qsby.Wtr. Printing
282,000. H403320850 Cap.Res. Earn Inv. S43320909 Qkr.Sewer Fund Bal.
1,080. A2057310207 Parks/Rec. Equip. A2057310205 Parks/Rec. Radios
5,000. S43858130106 Qkr. Sewer Clerk S43858130183 Qkr. Sewer Supt.
2,700. S43310599 Approp.Fund Bal. S43858130410 Qkr. Sewer Phone
4,000. S43310599 Approp. Fund Bal. S43858130430 Qkr. Sewer Utilities
30,000. 543310599 Approp. Fund Bal. S43858130440 Qkr. Sewer Misc.
330,000. A3310599 Approp. Fund Bal. A2359950910 Intrfnd.trns.Cap.
Cap. Res. TOB/Act.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mr. Monahan, Mr. Borgos
Noes: Mrs. Monahan-I do not approve the 2,000 or 700 that is being switch to the
Planning and Zoning for intern
Absent: Mr. Kurosaka
Discussion held on various transfers, Councilman Monahan asked what Approp. Fund
BAL stood for...Supervisor Borgos-that is the same as surplus...Councilman Monahan
questioned whether we are increasing the total budget that was passed for this
year? Supervisor Borgos-I believe we would be, even including that amount for
the building...The total of our Surplus Account as of January 1, this year, originally
had been estimated to be about 300,000.00 dollars. It appears that that sum is
actually some where in excess of 12 million dollars. So that even after paying
these other adjustments today we should have still in excess of a million dollars
in surplus, which is a very nice surprise. We should have the in writing momentarily.
Councilman Monahan-questioned on the advertising account for the Queensbury Center..
Supervisor Borgos-noted that the Queensbury Center would have to be advertising
its hours and any type of notices.— Councilman Monahan-Assuming that the Assessor's
office would be obtaining their computer before the end of the year, why take out
money from that account? Supervisor Borgos-It was recommended by the bookkeeper
to take from this source at this moment for other expenses in the Assessment Department,
because of the large amount of money appropriated for the computer, over 20,000.00
dollars... Councilman Monahan-Does not agree with the 2,000 dollars for the intern
in the Planning and Zoning Department, does not believe that position was ever
created. Supervisor Borgos-This is a part time position filled by a College Student
who has been providing many services this summer. Councilman Monahan-Frankly I
have seen the reports that he has issued and I question whether the Town should
be doing this now, I think we have to look at the dollars we are spending. Supervisor
Borgos-I think he has saved us a very large amount of money particularly the Bloody
Pond Report. Councilman Montesi-I guess what comes as a surprise to me is that,
we are paying him, I was under the impression that he was doing an intern ship
as a college student to be allocating $2,000 of the taxpayers dollars without as
a Town Board Member being asked to create that position is somewhat concerting.
Councilman Monahan-I wish to go on record that I do not approve of positions being
added to this town, as I said I am a little concerned about the way the Town is
spending money now. Councilman Monahan-questioned the 950. from crematory utilities
to be placed in salary? Supervisor Borgos-That was left up to the bookkeeper,
it was not for an increase, I will get an answer to you tomorrow. Councilman Monahan-
questioned the 10,000 taken out of the highway mach. blades if we have snow this
early winter is the Highway Dept. going to need the money? Supervisor Borgos-This
was discussed with the Highway Supt. Councilman Monahan-What are the radio's in
Parks and Recreation...Supervisor Borgos-That was for a new portable radio so that
the Recreation Dir. can keep in tough with his men in the field.
RESOLUTION TO CORRECT RESOLUTION NO. 244
RESOLUTION NO. 294, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
WHEREAS, Resolution No. 244 of June 14, 1988 was incorrectly passed with an account
code of A2258020473, Planning & Zoning Master Plan, such resolution should read
from A2258020411 to A2258020201, Planning & Zoning Office Equipment, NOW, THEREFORE
BE IT
RESOLVED, to correct Resolution No. 244 to read as above.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO ESTABLISH CAPITAL RESERVE FUND FOR CONSTRUCTION OF PROPOSED NEW YORK
STATE POLICE SATELLITE OFFICE
RESOLUTION NO. 295, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
RESOLVED, that pursuant to Section 6.0 of the General Municipal Law, the Town Board
of the the Town of Queensbury does hereby establish a Capital Reserve Fund to finance
the cost of construction of proposed New York State Police Satellite Office as
follows:
1. Capital Reserve Fund for the purpose of construction of proposed N.Y. State
Police Satellite Office established.
2. There shall be paid into such a Capital Reserve Fund
a. Such amounts as may be provided therefore by budgetary appropriation;
b. Such revenues as are not otherwise appropriated or required by law to be
paid into any other fund or account;
3. No expenditures shall be made from such Fund except by Resolution of the Town
Board; and be it further
RESOLVED, that the Fiscal Officer is hereby authorized to establish this Capital
Reserve Fund, H45.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION AUTHORIZING AGREEMENT WITH NORTHERN HOMES, INC. FOR PLANS AND SPECIFICATIONS
RESOLUTION NO. 296, Introduced by Betty Monahan who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, the Town Board of the Town of Queensbury is desirous of planning for and
constructing a building to house a New York State Police Satellite Office and
WHEREAS, it will be necessary to request competitive bids in connection with the
construction of said building and
WHEREAS, it will be necessary to furnish prospective bidders with a set of plans
and specifications and
WHEREAS, Northern Homes, Inc. has offered to draft an original set of plans and
specifications and provide ten (10) complete copies for the said building for a
sum not to exceed $3,500.00,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the offer
of Northern Homes, Inc. to draft plans and specifications and provide ten (10)
complete copies for the proposed building to be constructed by the Town of Queensbury
and used to house a New York State Police Satellite Office and BE IT FURTHER
RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized
and directed to execute an agreement with Northern Homes, Inc., such agreement
to provide, among other things, that the amount to be paid Northern Homes, Inc.,
shall not exceed the sum of $3,500.00 and that Northern Homes, Inc., shall provide
an original set of plans and specifications and ten (10) complete copies.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION DIRECTING SUPERVISOR TO PAY APPRAISAL FEES
RESOLUTION NO. 297, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, the previous legal counsel for the Town of Queensbury, Wilson Mathias
was authorized to participate in various legal actions on behalf of the Town of
Queensbury and
WHEREAS, the said attorney has incurred expenses with North Eastern Appraisals
on behalf of the Town in connection with said litigation and
WHEREAS, said expenses for appraisals were approved,
NOW, THEREFORE BE IT
RESOLVED, that said expenses for the appraisals are approved and be it further
RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized
and directed to pay $31,250.00 to North Eastern Appraisals for said appraisals
including payment of appraisals used in connection with assessment litigation,
sewer easement matters and other litigation.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION ADOPTING NEGATIVE DECLARATION FOR PROPOSED LOCAL LAW PROVIDING FOR MORATORIUM
RESOLUTION NO. 298, Introduced by Betty Monahan who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, by Resolution No. 267 of 1988, the Town Board of the Town of Queensbury
declared itself lead agency in furtherance of SEQRA compliance in the enactment
of local law Number 5 of 1988, and
72
WHEREAS, the Town Board of the Town of Queensbury had previously declared itself
lead agency in furtherance of SEQRA compliance in the enactment of local law No.
2 of 1988, and in the enactment of local law No. 4 of 1988 and
WHEREAS, Lee York, Senior Planner, previously prepared a full Environmental Assessment
Form in connection with local law No. 2 of 1988, which law extended the moratorium
originally placed in effect for the Town of Queensbury by local law No. 3 of 1987,
and
WHEREAS, a negative declaration for the previous local law No. 2 had been prepared
after a review of the environmental consequences of the proposed local law No.
2 of 1988 and a determination was made that such local law did not authorize any
program or activity, nor did it commit the Town or its administrative body to follow
any course of future decisions, but merely preserved the status quo on new, major
residential development for a period of 126 days pending the enactment of a master
plan and revised zoning and subdivision regulations, and
WHEREAS, the proposed local law would likewise not authorize any program or activity,
nor does it commit the Town or its administrative bodies to follow any course of
future decisions, but merely preserves the status quo on new, residential development
for a period of 62 days, such 62 day period commencing on the date the moratorium
previously set by local law No. 4 is to expire, pending the enactment of a master
plan and revised zoning and subdivision regulations, and
WHEREAS, the proposed local law is an unlisted action, and
WHEREAS, there does not appear to be any environmental considerations that are
different for the establishment of the present local law as opposed to the adoption
of local law No. 2 of 1988, NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Supervisor
to sign a negative declaration in the form of and substantially similar to the
negative declaration made in connection with local law No. 2 of 1988, except noting
thereon that the proposed local law extends the moratorium for 62 days, and be
it further
RESOLVED, that copies of the negative declaration be filed with the Commission
of the Department of Environmental Conservation, the Region 5 Offices of the DEC,
Department of Transportation, Department of Health, Warren County Planning Department,
Lake George Park Commission, and the Adirondack Park Agency.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION ENACTING LOCAL LAW NUMBER 5 OF 1988
RESOLUTION NO. 299, Introduced by Ronald Montesi who moved for its adoption, seconded
by Betty Monahan.
WHEREAS, on June 28, 1988, the Town Board of the Town of Queensbury adopted a resolution
to set a public hearing on a proposed local law providing for a moratorium on the
filing of applications for major subdivisions and site plan reviews in excess of
four dwelling units, and
WHEREAS, such resolution has the practical effect of proposing to extend a moratorium
that had previously been extended and enacted by local law No. 4 of 1988, and
WHEREAS, on June 28, 1988, the Town Board declared itself lead agency with respect
to compliance with Article 8 of the Environmental Conservation Law, and
WHEREAS, the Town Board has heretofore designated as complete the Draft Environmental
Impact Statement concerning the proposed changes to zoning laws and mapping, had
held two public hearings on the DEIS and changes to the local laws and mapping,
and is presently reviewing and considering comments made by the general public
and interested parties and has had a meeting with the Queensbury Land Use Advisory
Committee, and
( 3
WHEREAS, it appears that additional time is required to complete revisions of the
zoning laws and mapping and comply with the procedural requirements for adoption
a master plan and revised zoning ordinance, implementing rules and regulations,
and
WHEREAS, Lee York, Senior Planner, had previously prepared a Full Environmental
Assessment Form for the enactment of local law No. 2 of 1988 and the Town Board
previously considered the same and determined that the proposed moratorium by local
law No. 2 would not have a significant effect on the environment, and
WHEREAS, the proposed local law is for an extension of the moratorium for an additional
period of 62 days, and
WHEREAS, the Town Board of the Town of Queensbury will rely upon the previously
m_ submitted Full Environmental Assessment Form drafted for purposes of passing local
law No. 2 in the present enacting of the proposed local law extending the moratorium
for 62 days since the environmental considerations made for passing local law No.
2 are the same for passing the proposed local law, and
WHEREAS, on July 12, 1988, a public hearing on the proposed local law was duly
conducted, NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby enacts local law
No. 5 of 1988, and be it further
RESOLVED, that the Town Clerk is directed to file the said local law with the NYS
Secretary of State in accordance with the provisions of the Municipal Home Rule
Law, and in a timely manner in order to avoid the possibility that the prior local
law and moratorium would lapse prior to the effective date of local law No. 5 of
1988.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
LOCAL LAW NO. 5 OF 1988
LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISIONS AND/OR
SITE PLAN REVIEW IN EXCESS OF FOUR DWELLING UNITS
Section 1. Legislative Intent. This law is adopted in order to stay the
application procedure for major subdivisions and site plan reviews in excess of
four units under the Zoning Ordinance of the Town of Queensbury, New York, enacted
May 25, 1982, as amended from time to time, the Subdivision Regulations of the
Town of Queensbury, enacted July 13, 1982, as amended from time to time, and Sections
274-a and 276 of the New York Town Law, as amended. The moratorium, which voids
all unlawfully filed applications and disables all persons from filing or causing
to be filed such applications, is of temporary duration. The legislation is enacted
in order to continue the stays of Local Law No. 3 of 1987, adopted April 29, 1987,
and Local Law No. 14 of 1987, adopted October 23, 1987, Local Law No. 2 of 1988
effective February 25, 1988, and Local Law No. 4 of 1988 effective June 30, 1988.
The additional moratorium period is needed in order to preserve and protect the
health, safety, and general welfare of the citizens of the Town of Queensbury,
by allowing the Town such additional time as is needed to prepare, complete, secure
approvals, hold public hearings on, and enact such land use master plan and zoning
and subdivision rules and regulations as needed to provide for orderly growth and
development of the Town.
Section 2. Authority. This local law is enacted pursuant to Section 10 of
the Municipal Home Rule Law of the State of New York.
Section 3. Prohibitions. No person shall file or cause to be filed, within
62 days after the effective date hereof, an application or applications for approval
for major subdivision or site plan review in excess of four dwelling units. Any
such application filed in violation of this section shall be void. No approval
by operation of law shall result by the filing of an application in violation of
this section. This provision shall not be waived.
4
Section 4. Exceptions. This local law shall not apply to or affect applications
for approval for Planned Unit Development, major subdivision, or site plan review
in excess of four dwelling units where such completed applications have been filed
with the appropriate Town Official prior to April 28, 1987.
Section 5. Effective Date. This local law shall take effect on July 30,
1988.
RESOLUTION TO APPROVE AUDIT
RESOLUTION NO. 300, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
RESOLVED, that the audit that appears on Abstract July of 1988, numbered from 1314-1730
and totaling 434,270.03 be and hereby is approved.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
On motion, the meeting was adjourned.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY
QUEENSBURY BOARD OF HEALTH
JULY 12, 1988
BOARD MEMBERS PRESENT
STEPHEN BORGOS-SUPERVISOR
MARILYN POTENZA-COUNCILMAN
RONALD MONTESI-COUNCILMAN
BETTY MONAHAN-COUNCILMAN
BOARD MEMBER ABSENT
GEORGE KUROSAKA-COUNCILMAN
PRESS: WENU, G.F. Post Star
DISCUSSION-
SUPERVISOR BORGOS - We need to convene a Special Meeting of the Queensbury Board
of Health. An application has been submitted to us for variance to the regulation
of the Sanitary Sewage Disposal Ordinance, applicants name is Stan Lewza, address
13A Courthouse Drive, Lake George, New York. The Agents name is McCormack of 7
Sarella Street, Glens Falls, New York. His property is located at 13A Courthouse
Drive. Mr. Hatin, Director of Building Code and Enforcement is here to discuss
this with us briefly.
COUNCILMAN MONTESI - This is for a variance to the septic ordinance, we have the
power to make a variance?
SUPERVISOR BORGOS - I understand that we do.
ATTORNEY PAUL DUSEK - The Town Health Board does have that power. In this case
though a wrinkle has developed in as much as in addition to regulating this matter
locally the state has also regulated this matter to some extent. My goal is to
try and call the State Health Department to find out if we can in fact hurry their
regulation by varying our own. We can not vary theirs. If we could amend it to
some effect, I just was not able to make the call, I would like to have that answer
for the Board before the Board makes a decision on this.
SUPERVISOR BORGOS - You do not want us to set a public hearing without knowing
first if we need a public hearing.
ATTORNEY PAUL DUSEK - That is what I would recommend.
SUPERVISOR BORGOS - Let it set until the next regular board meeting, we can call
a special meeting if we have to.
DAVE HATIN- I have the details in my office. Do you all understand the problem
here? Essentially we have a seepage pit that does not meet the setback requirements
from the dwelling.
SUPERVISOR BORGOS - I just wonder how much detail you want to go into if we are
not going to be involved. Will we do any harm to anyone by getting into something
that we may not want to get into.
ATTORNEY PAUL DUSEK - There will be no harm understanding what the situation is.
I would not recommend any kind of action on it.
DAVE HATIN-Basically, it is a violation of the ordinance, it states that the seepage
pits has to be 20' from the dwelling, according to my inspector it is only 10'
from the dwelling. What has happened here is the original design was on the opposite
side of the house the developer for some reason, moved it to the other side of
the house which created a narrower area to actually do this system in. In doing
so he placed the seepage pit in the wrong position. I found out about it after
it was covered and I required the person to go for the variance.
COUNCILMAN MONTESI-It is conceivable that the Board could say no, and he would
have to build it the way it was designed.
DAVE HATIN-Right This is new construction, just occupied within the last week.
COUNCILMAN MONTESI-As the Code Enforcement Officer is there a particular advantage
that can be gained by doing it the way it was done vs. the way it should have been
done?
DAVE HATIN-I think the way it should have been done is stated in the ordinance,
because of what could happen in ten to fifteen years down the road, when you may
get seepage into the foundation into the cellar of the residence.
COUNCILMAN MONTESI-Is there a logical reason why it was moved?
DAVE HATIN-I really do not know. I found out about the violation through one of
my officers, and made the person apply for the variance.
COUNCILMAN MONTESI-Do we have any legal grounds to stand on since the CO was issued?
DAVE HATIN-Yes. It is in violation of the ordinance. This was something that
happened after I signed the CO and was not aware of it, I found out and so I took
the appropriate action.
The Town Board agreed to wait upon the suggestion of the Attorney before any action
be taken.
On motion the meeting was adjourned.
RESPECTFULLY SUBMITTED,
Miss Darleen M. Dougher
Town Clerk
Town of Queensbury