1988-10-11 TOWN BOARD MEETING
OCTOBER 11, 1988
4:00 P.M.
BOARD MEMBERS PRESENT
STEPHEN BORGOS-SU PER VISOR
GEORGE KUROSAKA-COUNCILMAN
MARILYN POTENZA-COUNCILMAN
RONALD MONTESI-COUNCILMAN
13PT'TY MONAIIAN-COUNCILMAN
'POWN COUNSEL
LUL DUSEK
WN OFFICIALS
Paul Naylor, Rick Missita, Dave Hatin, Bert Martin
PRESS: G.F. Post. Star,
SUPERVISOR BORGOS-I would like to welcome back with us Councilman George
Kurosaka, who has been gone for a long time. He is just a shadow of his former
self, but we do recognize him. We're delighted to have you here. We would like
to follow you in the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA
RESOLUTION TO ADJOURN INTO QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 418, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
RESOLVED, that the Rueensbury Town Board hereby moves into the Rueensbury
Board of Health.
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Duly adopted by the following vote:
es: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Les. None
Absent: None
RUEENSBURY BOARD OF HEALTH
Application submitted for sewer variance, Shane Ross, RD#4 Box 547, Boss Road.
RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF
SANITARY SEWAGE DISPOSAL ORDINANCE
RESOLUTION NO. 1.6, Introduced by Marilyn 1'otenza who moved for its adoption,
seconded by Ronald Montesi.
WHEREAS, the Town Board of the Town of Rueensbury is, by operation of law, the
Local Board of Health for the Town of Rueensbury, and as such, is authorized under
Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Rueensbury,
to issue variances to such Ordinance, and
UVIIEREAS, Shane Ross has applied to the local Board of Health of the Town of Rueensbury
for a variance from certain standards of the sewage disposal ordinance set forth
in Section 3.030 (1)), such standard referring to Table I of Appendix A and providing
among other things as follows:
iSTEWATER WELL OR, TO STREAM DWELLING PROPERTY LAKE GEORGE
)URCES SUCTION LAKE OR LINE AND TRIBS.
LINE (a) WATER COURSE
IT it If it it rr
Septic Tank it 10' 10' "
it tt n n tr rr
T9
WHEREAS, Shane Ross has indicated a desire to place a septic tank which is 33f inches from
the foundation of the dwelling and 33+ inches from the lot line,
NOW, THEREFORE BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on October 25, 1988, at 7:30 P.M., at the Queensbury Town Office Building, Bay at
ilaviland Roads, Town of Queensbury, New York to consider the application for a variance
of Shane Ross to place a septic tank, a distance of 33+ inches to the house foundation and
33f inches to the property lhw, on property situated at RD#4, Box 547, Boss Road, and bearing
a Tax Map No. of Section 142, Rlock 1, Lot 21, and at that time all persons interested in the �-
subject thereof, will be heard and,
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and
authorized when in receipt of a list of neighbors within 500 feet of the subject property, to
publish and provide Notice of said Public Hearing as may be required by law, and authorized
to mail copies of said Public Hearing Notice to the adjoining neighbors.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO ADJOURN BOARD OF HEALTH
RESOLUTION NO. 17, Introduced by Marilyn Potenza who moved for its adoption, seconded
by George Kurosaka.
RESOLVED, that the Town Board of Health hereby adjourns, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board goes into regular session.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos _
Noes: None
Absent: None
QUEENSBURY TOWN BOARD
OPEN FORUM 4:15 P.M.
MR. NAYLOR-Thanked Supervisor Borgos and Town Clerk Dougher for their help on Saturday's
Town auction.
SUPERVISOR BORGOS-Publically thanked Town Employees and Elected Officials that participated.
BARBARA BENNETT, Dixon Road-Questioned the possibility of raising taxes to cover the .
work at Queensbury School.
SUPERVISOR BORGOS-Noted that school taxes would be involved, not Town taxes, if the
referendum goes through.
DAVE HATIN, Director of BuiZdino, Department-Addressed the issue of increasing holding
tanks on the Lake in lieu of septic tanks and leech fields because of the nonconforming size
of the properties. Requested permission from the Board to go to Quentin Kestner to design
set standards for holding tanks if they are going to be allowed by the Town. Noted that they
are allowed by the Sewage Ordinance and that there is no design criteria for them at present.
SUI11?RVISOR BONGOS-Questioned if they are permitted by the sewer?
MR. HATIN-They are permitted as an acceptable alternative.
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COUNCILMAN KUROSAKA-Questioned whether the Lake George Park Association has any
jurisdiction?
MR. HATIN-Noted that the Park Association or DEC has no jurisdiction, they recommend
but no jurisdiction right now in the Town of Queensbury.
COUNCILMAN MONAHAN-Agreed with Mr. Hatin that standards are needed.
SUPERVISOR BORGOS-Permission granted.
°R. HATIN-Noted that Jack Enzig is no longer with Board of New York State Fire.Underwriters,
was the man that was doing inspections in the Town. Noted at present on a temporary
4sis they have two gentleman splitting the Town. Would like to submit the qualifications
UT these two to the Board with the understanding that the Board needs to approve them.
COUNCILMAN MONAHAN-Questioned the Town Clerk whether it was the company or organization
that did the approval of each individual?
TOWN CLERK DOUGHER-Noted that it was each individual as well as the company.
SUPERVISOR BORGOS-Asked that Mr. Iiatin check with Town Attorney and Town Clerk
on the proper procedures.
MR. HATIN-Noted that the new fee schedule took effect today.
COUNCILMAN MONTESI-Noted that he, along with Paul Naylor, Nick Caimano, a Republican
Committeeman and Bob At ►ri who is the Faculty Advisor for the Key Club in Queensbury,
with Key Club members, went out on Sunday and delivered over 500 voter registrations to
some new subdivisions in the ]'own of Queensbury.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 419, Introduced by Marilyn Potenza who moved for its adoption, seconded
:y Ronald Montesi.
t ESOLVED, that the Town Board minutes of September 6, 1988 are hereby approved.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT
RESOLUTION NO. 420, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
WHEREAS, Russell A. Guard, Project Administrator of Hiland Park Corporation, has written
the Town Board of the Town of Queensbury and has requested that the existing speed limit
on Master's Common South, an adjacent cul de sac, Heritage Point, in the Hiland Park Subdivision
be lowered, and that the speed limit of Haviland Road, a road not a part of the subdivision,
running from the Bay Road to Ridge Road also be lowered, and
WHEREAS, the Town Board of the Town of Queensbury, on September 28, 1988, acted by
resolution and directed that the Town Clerk of the 'Town of Queensbury send the proper forms
to the Department of Transportation to the Warren County D.P.W., requesting that the speed
f ;limit be lowered on Master's Common South, and
WHEREAS, the Town Board of the Town of Queensbury is of the opinion that an area speed
limit should be established for the entire subdivision of Hiland Park as new roads will be created
and dedicated in the subdivision and that the speed limit of Haviland Road between Bay Road
and Ridge Road should also be lowered,
NOW, THEREFORE BE IT
RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State
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of New York, that the Town Clerk of the Town of Rueensbury is authorized and directed
to send the proper form to the Department of Transportation through the Warren County
D.P.W. requesting that the speed limit be lowered for both the entire area of the Hiland Park
Sixbdivision, including the road known as Heritage Point, and Haviland Road, a road not a
part of the subdivision, running from Bay Road to Ridge Road.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None `'
DISCUSSION BEFORE. VOTE:
COUNCILMAN MONAHAN-Not agree with lowering Haviland Road to 35 MPH. Agreed that
it could be lowered but that is should be looked at separately from the roads within the
development.
SUPERVISOR BORGOS-Noted that the resolution states, only to be lowered.
PAUL NAYLOR-Stated that the roads will be reviewed separately.
TOWN CLERK DOUGHER-Noted that there are separate forms for each individual road that
is sent on to the County.
COUNSEL DUSEK-Reviewed proposed resolution regarding letter of credit time frames.
RESOLUTION TO AMEND RESOLUTION NO. 328 RESOLUTION TO ACCEPT ROADS WHICH
HAVE NOT RECEIVED FINAL BLACK-TOP SURFACING
RESOLUTION NO. 421, Introduced by Marilyn Potenza who moved for its adoption, seconded
by George Kurosaka.
WHEREAS, the Town Board of the Town of Rueensbury, by Resolution No, 328 indicated that
it will consider for acceptance, roads offered for dedication which are offered with all construction
complete except for final black-top surfacing under certain conditions, and
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WHEREAS, said resolution was adopted at a time that certified checks were to be deposited
with the Town of Rueensbury le-) onver the cost of completion of the roads, and
WHEREAS, the Town of Rueensbury, pursuant to newly adopted subdivision regulations, may
now accept a certified check or a letter of credit, and
WHEREAS, due to the nature of letters of credit, there is a need for different notification
procedures to be followed if a road is not completed prior to the time the letter of credit
is to expire,
NOW, THEREFORE BE IT
RESOLVED, that Resolution No. 328 is amended to add the following provision:
7. In the event that a letter of credit is issued by a developer, the time in which
a road must be completed and the notification that the Town of Rueensbury must
give the developer to request completion shall not be governed by this resolution,
but rather, shall be governed by a separate agreement or affidavit to be signed
by the developer and agreed to by the Town Board of the Town of Rueensbury
at the time the road is offered for dedication.
Duty adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION REGARDING LETTER OF CREDIT FOR HILAND PARK ROADS MASTER'S
COMMON SOUTH AND HERITAGE POINT
RESOLUTION NO. 422, Introduced by Betty Monahan who moved for its adoption, seconded
by George Kurosaka.
WHEREAS, by Resolution No 379, dated September 13, 1.988, the Town of Rueensbury accepted
for dedication, roads known as Master's Common South and Heritage Point and drainage easements
in the Master's Common South Subdivision, and
WHEREAS, said roads offered for dedication were complete except for the application of
surfacing materials and Hiland Park promised to complete said roads at a date to be set by
the Town Highway Superintendent or Town Board of the Town of Rueensbury, but in no event
to complete the same not later than two (2) years following the date of the said resolution,
and offered cash in the amount of $23,150.00 to be held in escrow for the use to cover the
--')sts of completion of said roads which the Town of Rueensbury accepted, and
HEREAS, the Town Board of the Town of Rueensbury provided in the resolution accepting
Mid roads that if the Town of Rueensbury adopted a new zoning ordinance and new subdivision
rules and regulations that provide that letters of credit will be accepted under circumstances
where a road is offered for dedication that has not received final black-topping, that the
Town Board of the Town of Rueensbury, will, if the developer desires, review a letter of credit
offered by the developer and if the form is acceptable to the Town Attorney, accept the
same to insure that the roads are surfaced as required under the zoning laws and return the
sum of $23,150.00 deposited by the developer, and
WHEREAS, the developer has offered a letter of credit, the original of which is submitted
at this meeting, and
WHEREAS, the Town Attorney, Paul B. Dusek, has reviewed said letter of credit and has
indicated that the same meets with his approval,'
NOW, THEREFORE BE IT
RESOLVED, that the letter of credit offered by the developer for the purposes of assuring
the Town of Rueensbury that the roads of Master's Common South and Heritage Point-will
be surfaced within the time frames provided by the previous resolution and the zoning laws
and subdivision regulations of the Town of Rueensbury, be accepted and that the Town Clerk
or other appropriate officer, presently in the possession of the sum of $23,150.00 deposited
by the developer, return such sum to the developer upon receiving a receipt for the return
i- ' said monies, and
f? iT FURTHER
RESOLVED, that the letter of credit shall be maintained for safekeeping by the Town Clerk
of the Town of Rueensbury.
Dilly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION RELEASING BONDS OF ADIRONDACK CONSTRUCTION CORPORATION
ON DEPOSIT FOR RETENTION
RESOLUTION NO. 423, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
WIiERI:AS, Adirondack Construction Corporation, pursuant to contract, has performed construction
in and about the Activities Conte- and the Town Office Building Addition for the Town of
Rueensb+.iry, and
Ili?.I1EAS, Adirondack Construction Corporation has been previously issued certificates
si0stantial completion by !Ire Town of Rueensbury for the Town Office Addition and Activities
Enter, and
4'VIIEREAS, Adirondack Construction Corporation now requests that bonds on deposit with
the First National Bank of Glens Fails, help as retention pursuant to the terms of the contract
whereby Adirondack Construction Corporation agreed to construct the said Activities Center
and Town Hall Addition be released, and
WHEREAS, Rist-Frost Associates P.C. has advised that, in its opinion, the said bonds on deposit
for retention may be released,
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NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the release
to Adirondack Construction Corporation of all bonds on deposit for retention pursuant to
the construction contract between the Town of Queensbury and Adirondack Corporation,
thereby leaving a zero retainage in connection with the construction project involving the
Town Hall Addition and Activities Center, and
BE IT FURTHER
RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and
directed to sign all documents necessary to return the bonds on deposit for retention to Adirondack
Construction Corporation.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr, Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
DISCUSSION BEFORE VOTE:
COUNCILMAN POTENZA-Questioned whether Adirondack Construction was completed?
COUNSEL DUSEK-Noted that he spoke with Bill Levandowski from Rist-Frost, the firm supervising
the job, and he advised Paul that there was very little left on the job and that the bond could
be released. Stated that he felt comfortable with the release of the bond due to the minimal
amounts involved. Noted that if there are problems that the Town still has recourses.
RESOLUTION TO RETAIN SERVICES OF BARRY STROCK CONSULTING ASSOCIATES,
INC.
RESOLUTION NO. 424, Introduced by Betty Monahan who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, the Town Board of the Town of Queensbury has determined the need for assistance
in the nature of consulting services in connection with the establishment and procurement
and implementation of computerized data processing, and
WHEREAS, Barry Strock Consulting Associates, Inc., has offered to render professional advisory
services to the Town of Queensbury for a fee of $65.00 per hour plus travel and other costs
incurred for a term of two (2) years or less if the Town of Queensbury should desire to terminate
such services at an earlier time, and
WHEREAS, a proposed contract for the professional services to be rendered has been presented
to this meeting,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the offer of
Barry Strock Consulting Associates, Inc., to provide professional advisory services as more
fully set forth above and hereby agrees to the terms and conditions set forth in the contract
presented to this meeting such services are not to exceed, however, a total amount of $5,000.00,
find
BE IT FURTHER,
RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and
directed to execute the contract presented to this meeting.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE CONSENT TO CHANGE
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ATTORNEY IN ALL ACTIONS PENDING
RESOLUTION NO. 425, Introduced by Betty Monahan who moved for its adoption seconded
by George Kurosaka.
WHEREAS, there are presently a number of actions or lawsuits pending in which the Town
of Queensbury„is a party, and
WHEREAS, the Town Attorney advises that a formal consent to change attorney, which consent
would name the Town Attorney as representing the Town of Queensbury, should be executed
in each of the actions pending,
W, THEREFORE BE IT
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_ SOLVED, that the Town Supervisor is hereby authorized and directed to execute any and
all forms titled "Consent to Change Attorney" which will be presented to him by the Town
Attorney and which substitutes the Town Attorney as the attorney of record for the Town
of Queensbury in actions presently pending.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
COUNSEL DUSEK-Reviewed resolution with Town Board referring to the procedure of unsafe
property outlined by local law number 3 of the Town. Noted that the property was investigated
by the Building Department.
BERT MARTIN-Presented pictures to Town Board of property. Noted objects on property;
burnt timbers with nails, metal bike frames, barrels, four oil heaters, gas range, metal cabinets,
abandoned refrigerator with door In place, unlocked pickup campet, metal roofing and outhouse.
Also made mention of paper and plastic products strewn among property. Sections of building
are still standing. Present ton sre Bronco, pickup camper, and motor bike, they may be considered
in good condition. Noted th^': there are residents within the area with children.
iscussion held concerning disposal of certain objects on property.
COUNSEL DUSEK-Noted that this would most likely come before the Board at a later date.
This is a notice of requirements so the owner be on notice that the Board would be ordering
demolition and removal.
COUNCILMAN POTENZA-Questioned how long of a process to this notice?
COUNSEL DUSEK-Thirty days from when they receive notice. Noted public hearing scheduled
for October 25th at which time they may contest this.
COUNCILMAN POTENZA-Concerned with the danger of leaving it for that length of time.
COUNSEL DUSEK-Noted that the Town Board did have emergency powers available pursuant
to local law number 3, if there is a need to take certain measures right away.
RESOLUTION OF TOWN BOARD DETERMINING THAT DEMARS PROPERTY IS UNSAFE
TAX MAP NO. 142-1-6
RESOLUTION NO. 426, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, Mr. Bert Martin, Code Enforcement Officer for the Town of Queensbury has advised
tat he has investigated and inspected certain property identified and located at Iron Gate
rive, town of Queensbury, and bearing tax map no. 142-1-6 and has found an open building,
,__a outhouse, and a yard with half-burnt timbers and other materials such as old bicycle frames
thereon, and
WIiEREAS, Mr. Martin advises the Town Board of the Town of Queensbury that the building
and property is dangerous and unsafe to the general public and has asked the Town Board
of the Town of Queensbury to provide for the demolition and removal of said buildings and
clean-up of the yard, and
WHEREAS, photographs have been presented at this meeting, and
WHEREAS, pursuant to Local maw Number 3, 1983 the Town Board may, by resolution, determine
whether, in its opinion, that the building is unsafe and dangerous and thereafter order its
repair or demolition and removal, and
WHEREAS, said Local Law Number 3, 1983 provides that notice be served upon the owner
or other certain persons interested in said property,
NOW, THEREFORE BE IT
RESOLVED, that upon reviewing all of the evidence presented at this time, the Town Board
of the Town of Rueensbury is of the opinion that the building and property bearing tax map
number 142-1-6:
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1. has open doors and windows in the building,
2. is presently unsafe and dangerous,
3. is unfit for the purposes for which it may be lawfully used, and
BE IT FURTHER,
RESOLVED, that a notice be served upon the owner(s) of said property, said notice providing:
I. a description of the premises,
2. a statement of particulars in which said building is unsafe and dangerous,
3. that the buildings and all other structures and property should be demolished and
removed within 60 days of receipt of this notice, unless good cause is shown by the
the property owner or other interested persons whereupon the time shall be extended
by the Town,Board of the Town of Rueensbury,
4. that demolition and removal of said building and other property must be commenced
in 30 days of receipt of this notice, unless good cause is shown by the property owner
whereupon the time shall be extended by the Town Board of the Town of Queensbury,
5. that a public hearing before the Town Board of the Town of Rueensbury, in relation
to the dangerous or unsafe condition of the building and property shall be held on
October 25, 1988,. or not less than 5 days from the date of service bf this said notice,
whichever date is later,
6. in the event that there is neglect or refusal to comply with the order of this Board
to demolish and remove the building and other property located on said property,
the Town Board is authorized to provide for its demolition and removal and to assess
all expenses thereof against the real property on which it is located and to institute
special proceedings to collect the cost of demolition, including legal expenses, and
BE IT FURTHER
RESOLVED, that Mr. Martin, Code Enforcement Officer, shall provide a written statement
of particulars in which said building is unsafe and dangerous and said statement of particulars
sh,"ll be attached to the notice provided for herein, and
Bi;, IT FURTHER
RESOLVED, that service of the notice provided for herein shall be in accordance with the
provisions of Local Law No. 3 of 1983.
haly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan,Mr. Borgos
Noes: None
Absent: None
RESOLUTION DECLARING EMERGENCY POWERS
RESOLUTION NO. 427, Introduced by Marilyn Potenza who moved for its adoption, seconded
by George Kurosaka.
Resolution forthcoming from Town Attorney to be found on page C7A
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
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Absent. None
RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED AMENDMENTS
TO ORDINANCE NUMBER 30 AND ITS SUBSEQUENT AMENDMENTS
RESOLUTION NO. 428, Introduced by Ronald Montesi who moved for its adoption, seconded
by George Kurosaka.
W1IrRrnS, Ordinance No. 30 of the Town of Queensbury and its amendments dated April
22, 1980, April 24, 1987, and September 23, 1988, provides in Section 5 for fees to be charged
in connection with applications for the issuance of building permits, and
IEREAS, said Ordinance No. 30, Section 5 was recently amended and the Director of Building
d Codes Enforcement has recommended certain additional amendments to the Town Board
of the Town of Queensbury, and
WHEREAS, said Ordinance No. 30, Section 5 is proposed to be amended to read as set forth
in the annexed proposed Section 5; and
WHEREAS, a public hearing concerning said proposed amendments is required by law,
NOW, THEREFORE BE IT
RESOLVED, that pursuant to Section 130 of the Town Law of the State of New York, a public
hearing shall be held concerning the amendments of the ordinance as set forth above to amend
Section 5, and that said public hearing be held at 7:30 P.M. in the meeting room of the Town
of Queensbury Office Building, Bay at Haviland Roads, in the Town of Queensbury, Warren
County, New York, on October 25, 1988, at which time all persons interested in the subject
thereof shall be heard, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be authorized and directed to
publish and provide Notice of said Public Hearing in accordance with the law.
,,.ily adopted by the following vote:
Lies: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan Mr. Bor g os
Noes: None
Absent: None
20% OF FEE RETAINABLE FOR ANY WITHDRAWN PERMIT
NO FEE REFUNDABLE AFTER ONE YEAR
ALL CONSTRUCTION SHALL CONFORM TO THE NEW YORK STATE UNIFORM FIRE
PREVENTION AND BUILDING CODE, THE NEW YORK STATE ENERGY CODE AND THE
TOWN OF QUEENSBURY ZONING AND SANITARY SEWAGE ORDINANCES.
FEE SCHEDULE
(All Fees Figured to the nearest 100 Sq/Ft)
One/Two Family Dwellings(per 100 Sq/Ft) & Modular Homes $12.00 1st Floor
(Septic System Included) $10.00 per additional floor
Townhouses/Condominiums/Apartments/Multi Dwellings $14.00 1st Floor
Per Dwelling Unit, Per 100 Sq/Ft $12.00 per additional floor
optic System Included)
)mmercial/Mercantile/Industrial/Public Assembly/ $15.00 per 100 Sq/Ft
Day Care Centers ($3,000 Maximum Fee) per floor
Ginrages $25.00 One Car
$35.00 Two Car
$50.00 Three Car
$70.00 Four Car
Swimming Pools (Certificate of Compliance Included) $35.00 In-Ground
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$25.00 Above Ground
Sewage Permit Residential $25.00
Commercial
(other than Single Family $35.00
Docks (Certificate of Compliance Included - Dock only) $30.00
$50.00 Boathouse/Deck
Addition/Alterations Commercial $10.00 per 100 Sq/Ft
per floor Residential $8.00 per 100 Sq/Ft
Sign Permits $2.00 per Sq/Ft
$35.00 Minimum
Temporary Sign Permits $35.00 Fee
$50.00 Deposit
Decks/Porches $8.00 per 100 Sq/Ft
$15.00 Minimum Charge
Mobile Home Single or Doublewide $6.00 per 100 Sq/Ft
(Septic System Included)
House Moving Permit Before Move $30.00
After Move(If relocated in Town) $50.00
Site Clearing Permit $15.00
(Removal of any material involving I acre)
Tools & Storage Sheds, Permanent or Portable, $15.00 101-240 Sq/Ft
Wood or Metal (No Charge for Shed under 101 Sq/Ft
(Certificate of Compliance Luyluded)
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Certificate of Occupancy jesidential $25,;00
Commercial $50.00
Temporary Certificate of Occupancy $100.00 Deposit
(Expiration to be determined by circumstances) $10.00 Fee
Certificate of Compliance and Use $10.00
Expired Permit Renewal (If not Permit Extension) $25.00
Demolition $20.00
Variance Application for Sewage Ordinance $35.00
Flood Plain Permit $25.00
Final Inspection Due to damage caused by
fire or natural causes $10.00
Solid Fuel Burning Permit and Installation of
Chimneys $25.00
Special Projects Permit $100.00
(Fire Marshal Only)
RESOLUTION TO ALLOW TOWN ATTORNEY TO RETAIN OUTSIDE COUNSEL
RESOLUTION NO. 429, Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, the Town Attorney advises the Town Board of the Town of Rueensbury that there
is a need to retain special legal counsel with expertise in matters involving sewer and water
districts and the financing of said districts to assist the Town Attorney,
NOW, THEREFORE BE IT
RESOLVED, that the Town Supervisor of the Town of Rueensbury is hereby authorized to
contract with and hire special counsel to assist the Town Attorney on matters relating to
the sewer and water districts of the Town of Queensbury from time to time or on a regular
basis as may be needed, and be it further
RESOLVED, that a limit be set of $10,000 per any particular situation.
Duly adopted by the following vote:
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Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Nees: None
Absent: None
L___SOLUTION REFUNDING FEES TO BAY RIDGE VOLUNTEER FIRE CO., INC., WEST GLENS
LLS FIRE CO. NO. 1 AND QUEENSBURY CENTRAL VOLUNTEER FIRE CO., INC.
RESOLUTION NO. 430, Introduced by Betty Monahan who moved for its adoption, seconded
by George Kurosaka.
WHEREAS, the Bay Ridge Volunteer Fire Co., Inc., previously paid a building permit fee of
Four Hundred Five Dollars ($405.00) to the Town of Queensbury for the construction of their
new Firehouse Substation on Glen Lake Road in the Town of Queensbury,and
WHEREAS, the West Glens Falls Fire Co. No. 1 previously paid a building permit fee of Four
Hundred Forty-Five Dollars ($445.00) to the Town of Queensbury for the construction of their
new Fire Station on Luzerne Road in the Town of Queensbury, and
WHEREAS, the Queensbury Central Volunteer Fire Co., Inc., previously paid a building permit
fee of One Thousand Five Dollars ($1,005.00) to the Town of Queensbury for the construction
of their new Fire Station on Lafayette Street in the Town of Queensbury, and
WHEREAS, the Director of Building and Code Enforcement has recommended that the building
permit fees paid by the Bay Ridge Volunteer Fire Co., Inc., Want Glenn Falls Fire Co. No.
1, and the Queensbury Central Volunteer Fire Co., Inc., be refunded,
NOW, THEREFORE BE IT
,.SOLVED, that the Town Board of the Town of Queensbury refund the building permit fees
'Four Hundred Five Dollars ($405.00) paid by the Bay Ridge Volunteer Fire Co., Inc., Four
`t'tCindred Forty-Five Dollars ($445.00) paid by the West Glens Falls Fire Co., No. 1, and One
Thousand Five Dollars ($1,005.00) paid by the Queensbury Central Volunteer Fire Co., Inc.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO. 431, Introduced by George Kurosaka who moved for its adoption, seconded
by Marilyn Potenza.
WHEREAS, purchases must be made by various departments, and
WHEREAS, sufficient funds are not available in the proper accounts,
NOW, THEREFORE BE IT
'SOLVED, to transfer funds from one account to the other in order to make those purchases:
�OUNT TO FROM
$ 800 A0651330113 Deputy Receiver A0651330401 Receiver Officeof Supplies
4,000 W12758330428 Water, Soda W12758330425 Water, alum
500 A2057310427 Recreation, chemicals A2057310440 Recreation, contractual
100 A2057310404 Recreation, dues & reg A2057310440 Recreation, contractual
700 A2258020408 Planning, advertising A2258020203 Planning, computer hardware
700 A2258020412 Planning, printing A2258020203 Planning, computer hardware
164 A2058020420 Planning, insurance A2258020203 Planning, computer hardware
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Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION CLARIFYING AND AS NECESSARY ESTABLISHING DUTIES AND RESPONSIBILITIES
OF THE DIRECTOR OF BUILDING AND CODE ENFORCEMENT
RESOLUTION NO. 432, Introduced by George Kurosaka who moved for its adoption, seconded
by Betty Monahan.
WHEREAS, by Resolution No. 192, the Town Board of the Town of Queensbury heretofore
established the position of Director of Building and Code Enforcement and appointed Dave
Ha.tin to said position, and
WHEREAS, there is a need to clarify and as necessary, establish the duties and responsibilities
of the Director of Building and Code Enforcement,
NOW, THEREFORE BE IT
RESOLVED, that the position of Director of Building and Code Enforcement for the Town
of Queensbury shall be defined as including the positions of Building Inspector and Zoning
Administrator, and the Director of Building and Code Enforcement shall have all of the duties
and responsibilities of said positions provided for by all State and Local Laws, Ordinances,
and Rules and Regulations, and be it further
RESOLVED, that this shall be retroactive from the time that Mr. Hatin was retained as Director
of Building and Code Enforcement and the position was created.
Duly adopted by the following vote:
Ayr4: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION AMENDING RESOLUTION NO.'s 212 & 213 OF 1987
RESOLUTION NO. 433, Introduced by Betty Monahan who moved for its adoption, seconded
by George Kurosaka.
WIIEREAS, the Town Board of the Town of Queensbury by Resolution No.'s 212 and 213 of
1987, created the Department of Planning and Zoning and the position of Senior Planner,
and
WHEREAS, there is a need to clarify and as necessary revise the name of said department
acid accordingly amend said previous resolutions,
NOW, THEREFORE. BE IT
RESOLVED, that resolutions No. 212 and 213 of 1987 are amended such that the Department
of Planning and 'Zoning shall hereafter be referred to as the Planning Department, and that
the duties of the Planning Department and the Senior Town Planner will be to handle zoning
matters in an advisory capacity only, and not to assume the position or authority of Zoning
Administrator.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
/Absent: None
RESOLUTION TO CONSTRUCT BRICK FACADE ON MEADOWBROOK ROAD PUMP STATION
RESOLUTION NO. 434, Introduced George Kurosaka who moved for its adoption, seconded
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by Marilyn Potenza.
WHEREAS, the Town Board wishes to place a brick facade on the Sewer Pumping Station
on Quaker Road and
WHEREAS, this was not part of the initial bidding on the Pumping Station and
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WHEREAS, the work has been estimated to be under the amount necessary to go out to bid,
NOW, TTIEREFORF: BE IT
r'�;SOLVED, that a brick facade be placed on the Meadowbrook Pumping Station the cost
)e borne by the Sewer Dist. in an amount to be under $7,000.00.
Trrtly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
COMMUNICATIONS
1311) OPENING - WATER TREATMENT PLANT EMERGENCY GENERATOR
Southworth Machinery 79,450.00 #1
Albany, New York 129,500.00 #2
$22,000 buy back
Cummins North 83,900.00 #1
Albany, New York none
No decision made.
wn Clerk Monthly report-on file
;SOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 435, Introduced by George Kurosaka who moved for its adoption, seconded
by Marilyn Potenza.
Jt 11"S01,VE,D, that the Town Board of the Town of Queensbury hereby move into Executive
Session to discuss L,itigat.ion for Assessment.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO AUTHORIZE SETTLEMENT OF CERTAIN PENDING ARTICLE 7 TAX
ASSESSMENT REVIEW CASES
RESOLUTION NO. 436, Introduced by Marilyn Potenza who moved for its adoption, seconded
Oy Betty Monahan.
WIIEREAS, certain Article 7 Real Property Tax Assessment Review Cases have been commenced
rins,t the Toxin of Queensbury, and
11;ItEAS, the Town Board has reviewed these tax assessment review cases with the legal
counsel for the Town of Queensbury, such counsel having made recommendations to the Town
3oat•d,
NOW, THEREFOBEI 131: IT
RESOLVED, that the following cases be settled with respect to the 1987-1988 and 1988-1989
assessment roll as indicated and as follows:
1. 73-1-18, 73-1-19, and 73-1-20 - Queensbury Union Free School District
#2 - $22,000,000.00 (1987-1988 & 1.988-1989);
2. 4-1-24 - Reuben and Violet N. Merchant - $240,000.00 (1988-1989);
3. 4-1-26 - Richard W. Waldron - $284,000.00 (1987-1988)
4. 4-1-27 - William J. Calogero - $180,000.00 (1987-1988)
Duly adopted by the following vote:
Ayes: Mr. Kurosriica, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
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Noes: None
Absent: None
RESOLUTION TO APPROVE AUDIT
_RESOLUTION NO. 437, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza.
RESOLVED, that the audit that appears on Abstract September of 1988, numbered from 2371-2734
and totaling $956,133.68 be and hereby is approved.
1>uly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
On motion, the meeting was adjourned.
1t1:SPECTFULLY SUBMITTED,
I?ARLEEN M. DOUGHER
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TOWN CLERK
T01,YN OF RUEENSBURY
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