1987-10-13 i
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TOWN BOARD MEETING
OCTOBER 13, 1987 - 7:30 P.M.
TOWN BOARD !EMBERS
Fraotes:�Rtdr - Supervisor
GEORGE KUitOSAKA - Councilman
STEPHEN BORGOS - Councilman
RONALD MONTESI - Councilman
BETTY MONAHAN - Councilman
TOWN COUNSEL - Wilson Mathias
PRESS- Glens Falls Post Star, WWSC
GUESTS - Mr. Naylor, Mr. Hansen,Mr. Barber, Mr. Banta, Mr. Adamson, Mrs. Lynn,
Mr. Beale, Mrs. Fisher, Mr. Chadwick, Mr. Stewart
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA
PUBLIC HEARING - 7:35 P.M.
NOTICE SHOMI
SUPERVISOR WALTER-Stated that the Public Hearing tonight is regarding the amendment
of Ordinance #30, 52 and the Zoning Ordinance. The amendment relates to certification
of all engineering systems involvi/ig town projects...that is any developer will
be required to place on file with the Town of Queensbury as built drawings of the
projects. Asked the Town Clerk, to read the letter received from Rist Frost Associates
into the records.
LTR., Rist Frost Associates P.C. on file, read by Town Clerk, Darleen Dougher.
REF: Proposed Regulation Reguiring Professionals to Furnish Statements that Projects
..� Have Been Constructed in Accordance with Plans and Sepcifications.
Rist-Frost Associates, P.C. is very much in favor of the Town's proposed requirement
for continued involvement of the design professional during the construction phase
of projects. We are, however, extremely concerned about the proposed wording.
The language as proposed, particularly the use of the word "certification" implies
an absolute guarantee by the professionals that the work was done in accordance
with the plans and specifications. It also implies a transfer of the contract
liability from the construction contractor to the professional and could be a major
problem in the event of litigation between the owner and the contractor or with
third parties The use of the word "certify" or "certifications" creates a liability
that is excluded by all underwriters of professional liability insurance.
Even if no insurance problems existed the economic burden to construction projects
would be enormous since it would appear that a professional would have to be at
the site continuously during construction to be absolutely sure that the contractor's
work was done in accordance with the plans and specifications. Perhaps several
representatives would be required on a large project to adequately cover all areas
of the work and to make sure experienced expertise was available for the various
disciplines that might be involved such as architectural, structural, mechanical
and electrical.
We have attached a proposed revision of the wording of the regulation for your
consideration.
We would be pleased to provide additional background information to the Board regarding
our position.
PROPOSED AMENDMENT: Where a provision of the Queensbury Sanitary Sewage Disposal
Ordinance, the Queensbury Subdivision Regulations, the Queensbury Ordinance Number
30, or any other federal or state law, rule or regulation requires that plans and
specifications be designed by a licensed architect, landscape architect or professional
engineer, a statement to the Town of Queensbury shall be furnished in writing by
the professional designing such plans or specifications that to the best of his/her
knowledge, information and belief based on periodic site visits during construction
that the construction, installation , and/or work was performed substantially in
accordance with the plans or specifications on file with the Town of Queensbury.
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Where the professional designing such plan does not issue such a statement, the
owner, contractor or permittee shall provide to the Town of Queensbury satisfactory
explanation for the change in professionals providing statements to the Town.
The Building Inspector may waive the requirements for filing statements for minor
alterations or standard construction in areas of non-critical environmental sensitivity.
Such waiver shall be in writing filed with the Town Clerk.
SUPERVISOR WALTER-Asked for public comment regarding the provisions requiring plans
and specifications be certified to the town after construction? Noted that Rist
Frost is lightening up what the Town has proposed and also indicating that other
people may have authority for making minor alterations...Adjourned Public Hearing
till later in the evening to give late comers a chance to comment.
PUBLIC HEARING: Regarding a Local Law relative to No Parking within the Gurney
Lane Recreation Area.
NOTICE SHOWN
SUPERVISOR WALTER-Asked the Recreation Director if he would comment as to why the
Town Board should pass such a Local Law.
HARRY HANSEN-Recreation Director-Stated that the Local Law would regulate the parking
up around the entry way and the main artery and the only artery into the facility.
SUPERVISOR WALTER-Asked for comments regarding the Local Law on No Parking at Gurney
Lane, hearing none PUBLIC HEARING CLOSED: 7:44 P.M.
PUBLIC HEARING: Regarding Limitation on Source of solid waste disposed at Queensbury
Landfill.
NOTICE SHOWN
SUPERVISOR WALTER-This Local Law is a limitation on the solid waste disposed in
the Queensbury Landfill and basically it indicates that no person, firm or corporation ;
shall dispose, leave or cause to be placed at the Town of Queensbury Landfill on
Ridge Road in Queensbury or the Luzerne Road Transfer Station, garbage or any form
of solid waste regualted by the New York State Department of Environmental Conservation
which garbage or solid waste originates out side of the boundaries of Queensbury.
Noted that in the last ten or fifteen years rules and regulations regarding landfills
have gotten very stringent, it is expensive to run a landfill and it is practically
impossible to sight one. What we are looking to in the future in Queensbury and
I mean in the immediate future is a lack of space, considering the amount of development
that is going on in the town and the fact that other areas around us are passing
Local Laws to indicate that they do not wish to take other communities garbage
within the confines of their town limits. The Town Board is realizing that we
must do something about limiting the amount of garbage we are going to be receiving
within the next couple of years. We have indentified that our space is very rapidly
being used up. There are two communities that are dumping there and this law
as indicated does not allow any other communities to dump within the Town of Queensbury.
One of the things that society has got to pick up is recycling to cut down on the
amounts of solid waste that we will have to handle, we are taking that on as a
county project. As far as the incinerator plant in Hudson Falls it is a term or
condition of the permit that we will be looking at recycling, with all of these
things in mind this is the first of a number of things, not only in the Town of
Queensbury but as you have seen in the communities in the area. Asked for public
comment.
MR. BARBER-Queensbury Resident, We support the ordinance, I am very concerned however
about accountability and enforceability. I would beseech the Town Board to enlarge
the resolution with accountability standards by certification perhaps. Our firm
is prepared to certify each load at the landfill. We would request that each load
in turn be certified by the Landfill Superintendent or personnel. If there is
any questions it would be determined at that point that accountability can be determined.
It is a very very difficult resolution and in its present form for accountability.
I don't think you want to have a problem two or three days after the load is deposited.
We are willing to make this resolution work and we want it to work. We are not
only the largest haulers in the Tri-County area but we are also the largest recycling
firm and have been for eighteen years. Unfortunately recycling was not a common
thing five or ten years ago, now it have become fashionable thing and we are very
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much involved and we will be talking to this town and a number of other towns about
the collection of corrugated and glass and various other items to help you in your
resolution to make sure you will have enough space in the next two to three years.
SUPERVISOR WALTER-Asked for further comments, hearing none the Public Hearing adjourned
for later comment. Asked for further comment on the Amending Ordinance #30, 52
and Zoning Ordinance regarding certification to the Town of as built drawings of
a particular project.
PUBLIC HEARING ON AMENDING ORDINANCE #3O,52,ZONING ORDINANCE CLOSED
7:55 P.M.
PUBLIC HEARING ON SOLID WASTE DISPOSAL CLOSED-7:56 P.M
OPEN FORM - 8:00 P.M.
JOHN BANTA-APA, Noted that about a year ago he spoke with the Town Board regarding
a Cooperative Planning Program for the Lake George Basin, it began in Warren County
and the Towns of Horicon, Bolton, Lake George Village and Queensbury have been
working together with the County Planning Office with funds provided by our office.
This was initially to provide three sets of information and I am here to report
that we presented our preliminary report and materials to the County Lake Affairs
Committee, who authorized us to go forward with preparation of maps, which he presented
to the Town Board and also the preliminary land use report. The basic objective
of the first phase of the study was to have the soil conservation service take
new soil maps of the county and turn them into something that would be usable for
the general public... What they call soil potential reads and that is what these
maps represent. The maps instead of taking technical scientific information to
protray typical cost for foundations with your basic installation cost in this
area, done by a contractor being between $16,000.00 and is re-presented the blue
areas and progressive greater cost as you have different types of soil conditions
you encounter. The idea is a different simple, straight forward way to provide
preliminary information to someone contemplating subdivisions or other types of
new development and provide some assistance and explaining technical rules found
in the Zoning or Subdivision Ordinances. Similarly the Soil Conservation Service
did the same thing for the Sanitary Codes. The Sanitary Codes within the Basin
were evaluated, the basic septic system is installed by a contractor runs between
$3000.00 and $2500.00 in Warren County. The second part of the efforts was to
provide assistance to the Building and Zoning Offices in computerizing permit records
that has been completed in the Town of Lake George and about two-thirds complete
in Queensbury. Noted that this would be completed in January also that Hague has
elected initially to participate. Said it was not clear when Bolton, Horicon,
and Lake George Village will use the same program but it will be available. The
third effort is to look at existing land use and development around the lake shore
to provide current tabulations toward the various septic problems and servicing
these. Over the Spring and Summer we interviewed a consultant with Dick Bolton
and Mrs. Walter selected a consultant firm in Philadelphia to assist with the
second phase in the study and noted that it was on the agenda this evening to extend
this cooperative working arrangement. The consultants would provide technical
assistance particularly with a view to the ground water regulations, the towns
will be responsible for under the new Lake George Law. We will also be developing
information in various other subject areas described .in a work program and presented
the Board with copies. The two pieces of information are the Warren County Resolution
which authorized this consultant phase of the work and the draft work program that
the consultant is engaged to participate in.
SUPERVISOR WALTER-I've told the Town Board about the presentation that we had at
the last Warren County Planning Board meeting and was rather enthusiastic about
the Department of Equalization and Assessment can do with mapping and the quality
of map, its all done by computer. Stated that they are hoping to get the Warren
County and the Planning Dept. to to utilize some of the programs where we can
use the tax map and get a lot of information off it for planning purposes.
JOHN BANTA-Stated that the information was free to the County. It is very valuable
for this type of septic code analysis, also in revenue analysis and understanding
what the cost and benefits of various opportunities of making appeals in your equalization
rates to get a better break in the school aide formulas from the state. Anything
we can do to assist in that I offer my help.
COUNCILMAN MONTESI- This is a working draft is there going to be many changes in
this draft?
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JOHN BANTA-That is the document presented to the Lake Affairs Committee and it
is says working draft because at that time Lake Affairs Committee hadn't seen it,
so there will be no changes to that draft.
COUNCILMAN KUROSAKA-Welcomed three Boy Scouts attending the meeting from Troop
13 and Troop 16, who working on their Eagle, Life and Star requirements.
SUPERVISOR WALTER-Said she hoped the boys had an interesting meeting they could
report on and wished them good luck in their badges.
MR. CHARLES ADAMSON-Assembly Point-I am here tonight at the request of the East
Side Tax Payers Association, representing more than 250. Asked to open a dialogue
with the Town Board between the Property Owners Association and submitted to the
Town Clerk, a brief request that the subject be put on the agenda for the next
meeting, the 27th. We would like to discuss what we consider to be the very serious
and threatening problems, on what the town thinks it is able to do, what the town �s
is doing and what they are willing to do in regard to those parts of the assessment
problems. Stated that there was several areas where they just don't understand
what has happened, like why has it come about that Queensbury share of the Lake
George Central School tax has gone up 9%.
SUPERVISOR WALTER-There is a regular procedure if people are not happy with how
they have been assessed that one goes through and in that procedure there is no
where for the Town Board to take part. We have asked the State Board of equalization
to give us an explanation on the Lake George School Tax rate. Perhaps by the 27th
we will have some information from the State and have a representative to explain
it here. Noted that Mr. LaRose had written at least two weeks ago to the State
to give us an explanation of their equalization and assessment ratios and how that
applies to the particular Lake George tax.
YOHANNA NEWMAN -Ashley Place, Mr. Montesi suggested that we get a petition together
regarding my concern about the weight problem on Ashley Drive, which we have circulated
among the people who live along Ashley Place and everyone has signed except for
two houses. The concern is the excessive truck usage as a thorough fare. Presented
the Town Clerk with the petition asking for a five ton weight limit and sidewalks.
iSUPERVISOR WALTER-We will turn this petition over to our Highway Superintendent
and he will make a report back to the Board relative to the weight limit. Noted
that there was no money in the general fund this year for sidewalks but the Board
will take it under consideration for the next year.
BARBARA LYNN-Hanneford Road, Referred to the discussion at the last two meeting
regarding their concerns about the subdivision going up near them with the access
road currently in place going off of their road. We would still like to have
the Town help us out as far as the APA re-review this. We have our concerns listed
in a letter and ten of us from the road have signed the letter and would like it
to go into the records.
SUPERVISOR WALTER-A letter is going out from the town to Mr. Curran asking the
APA for a hearing on the project.
JOHN BANTA-I am aware of the concern and notice should have been given to the Supervisor
of each town involved in the project.
COUNCILMAN MONAHAN-Stated that they would like to know what the impact of the project
would be on Queensbury, not only road traffic but the ecology etc.
SUPERVISOR WALTER-Asked Mrs. Lynn to give the original letter to Mr. Banta and
a copy to the Town Clerk.
BARBARA LYNN-Asked if this would be a public hearing and should be at this meeting?
SUPERVISOR WALTER-Yes, it would be called an Administrative meeting and we would
be notified.
JOHN BANTA-There will be public notice of the meeting.
ROBIN FISHER-Howard Street, We are concerned about the gentlemen who just moved
in next to us and put his mobile home on blocks. We had to meet specifications
on everything and this guy has done nothing. He wants to dump his sewer in an old
well and has had no inspection done. Asked how the laws could changed so fast
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in two months.
SUPERVISOR WALTER-The laws haven't changed they need enforcement.
KENNETH FISHER-4th street, Glens Falls, Stated that he was a builder in Queensbury
for years and when he come here for a building permit, Mr. Martin give him a list
of what to follow, what had to be on the codes, before it was legal, I agreed but
this gentlemen comes in and I called today and they tell me this guy is legal,
that the Ordinance changed only a month ago. I am taking legal advise on this
thing because it is not a fair situation. I inquired tonight and found out the
ordinance hasn't been changed since 1966.
�! COUNCILMAN MONAHAN-Asked what building inspector told him this?
— KENNETH FISHER-Mr. Bill Britton and asked why two building inspectors are entirely
different and said he was against it and was going to fight it all the way.
SUPERVISOR WALTER-We are convinced that no laws have changed regarding mobile homes
in the last month and the only thing I can do for you is to check out the situation
and find out exactly what happened and if this man is not complying with the law
he will have to remove his situation.
ROBIN FISHER-Stated that when they moved their trailer in the park they had to
have slabs to put it on and this man who just moved his in has put it on cement
blocks and a piece of plywood, also he has added a room onto the trailer and noted
that it is tilting.
SUPERVISOR WALTER-We would like an opportunity to check out what is required and
have someone go over and take a look at it and we will be able to talk to the personnel
and see if they can resolve it that way.
DONALD CHADWICK-Leo Street, Stated that when they all put in their trailers they
posted their permits and this man has not posted his also said there was a power
pole there and there was not a meter box and he has his wires hooked up and his
outlet box is right outside his front door and open to rain and weather. Mr.
- Bill Britton inspected this trailer went down on Exit 16 to inspect the trailer
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on Saturday.
SUPERVISOR WALTER-Said and we do not go out of town to inspect trailers, and said
she would try to get back to them tomorrow.
COUNCILMAN KUROSAKA-Stated that Bill Britton did this on his own time.
COUNCILMAN MONAHAN-Said he could not do this on his own time because he is an employee
of the town.
SCOUT-Asked if there was lease law in Queensbury?
SUPERVISOR WALTER-Yes and if someone has a problem with dogs they should call the
DCO.
ROBERT STEWART-Stated that there were two subdivisions on Peggy Ann Road, Queensbury
Forrest and Queen Victoria Grant who had their approvals subsequently there was
a change in the specification as to the road surfacing and I have asked for clarification
whether they are required under your rule, to meet the new specs or they are not
and I was told to come back to resolve it. Referred to Dixon Heights and asked
for advice on what they should do to correct errors made. Noted that the tax system
is inherent evil and has been for 75 years. Stated that the tax was too big an
issue for the Town Board or Mr. LaRose to do anything about.
Suggested getting together with the other towns and petitioning the New York State
- � Legislature to rewrite the law and come up with an assessment that make some sense.
Noted that retired people should not have to lose their homes because they can't
afford their taxes because of sickness and having fixed incomes.
SUPERVISOR WALTER-The intent of the new specifications was put on all of those
projects that had not received final approval at the time, that it was enacted
and that in the projects that you are talking about, Queensbury Forrest and Queens
Victoria, they are being built in phases and one phase has been approved and the
second phase is coming but they have not received approvals for the subsequent
phases and thats' what is is question right now.
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ROBERT STEWART-The Town Board said that these new standards do not apply to a project
which has received final approval. The difficulty arose because you used language
that Planning Boards do not use. The project had received final approval, both
projects before you passed your new specifications and I submitted to the Board
a letter from Stuart Mesinger spelling out in detail every agency and every Board
had approved every aspect of the entire project and nothing further needed to be
done in the way of agency approval. The Town Board enacted a rule saying they
wanted to control the phasing of the timing of construction...so you are all approved
but go ahead and build the first fifty units then come back and show us that you
are 60% started on phase one and then you approve phase II, but you don't need
any approvals...
SUPERVISOR WALTER-I don't think that is the case...you are saying that everytime
a developer comes in and places any kind of documents on the table that he is 60%
complete the Planning Board stamps the next phase and I contend that is not true.
ROBERT STEWART-I contend that it is and that the Planning Board has no authority
to do anything else.
COUNCILMAN MONAHAN-Part of the reason is so that the developer, who might take
ten years to phase his project, has to comply with any new rules and regulations
that the Town Board has passed in the interval. It doesn't make sense if he is
going to take ten years to complete all his project, that they didn't have to comply
with the new regulations, why should he not have to comply with the road regulations
same as a person who is just getting his first phase approved now.
ROBERT STEWART-I will agree with you that the developer will have to comply with
any new sets of rules applicable to him, this Board passed a rule on road standards
that says it does not apply to projects that has full approvals and both of these
projects have all full approvals.
SUPERVISOR WALTER-Have your developers come in and get a building permit of phase
II and I bet they don't get it.
ROBERT STEWART-In timing not approvals.
COUNCILMAN MONAHAN-Stated that they would not approve roads under the old regulations. --
SUPERVISOR WALTER-Your subdivisions must meet the road requirements, we are saying
that new developers coming into town that the town and does not have the dollars
to build new roads for developers. Our road inventory has gotten to a point where
we are increasing highway budget and barely keeping up with maintenance over a
ten year period, if we are going to be grandfathering, and that is what you are
saying. The language was drawn up by attorneys who deal with the Planning Board
and with the Town Board and it was never the intent that if you hadn't paid your
recreation fees...final approval is not given until the check is paid.
ROBERT STEAWART-I want to make one point...the lots have been sold and the builders
fixed the price and now the developer must pick up the cost of the roads and they
cannot get that back from the builder who has bought the lots because that is sold
in a locked price.
SUPERVISOR WALTER-There is a great game being played out in the market place as
far as selling approvals and that leads us to the next item, Dixon Heights and
since it was approved there has been three different people associated with it
and the builder now is an out of town builder, who's developing septic systems
not at all the way the previous builder received the permit for the work nor anything
that was reviewed by our engineers or the Planning Board and we met with them today
and they indicated that they have made an error and will correct it. I feel very
strongly that we have to control those situations. (—
COUNCILMAN MONAHAN-For the record one of the meetings I was at, one of our local
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developers made the comment that the development cost in Queensbury was very low
compared to other places.
COUNCILMAN BOR60S-Did you sign the agreement to sell your parcel to the developer
prior the time we enacted the new regulations.
ROBERT STEWART-I did not draw those agreements but I am told, yes they did.
I would ask your vote, blacktop or stone and oil...which either way you decide
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because we are now in October, its too late to either one in the ground...and the
indication was the this Board would accept the roads assuming all other standards
were met with the understanding that the surface would be put on in the spring
or within two years and we would post a check for the amount of money Mr. Naylor
said would be necessary to satisfy that requirement. Asked if they came in, in
two weeks with all the necessary papers from the Highway Department, Water Department
and all the preliminary, is there any question that you would follow that rule
and the road would be accepted so we could do some construction this winter?
HIGHWAY SUPERINTENDENT-Paul Naylor, If they bring it all up to snuff, except the
blacktop that the Board would look at it individually, each development and they
would make the decision when it was brought to them, I believe that, that is the
I way it was passed, any road that was ever taken.
COUNCILMAN MONTESI-In two weeks with the gravel base, the road will probably be
through the winter as hard as any penetration once the frost get there and two
years is too liberal, we would agree that the road would be done by spring.
COUNCILMAN MONAHAN-Stated that Mr. Stewart needed to get his papers in the Supervisor's
office so that the Board knows one weeks at least before the meeting so that she
can every paper that she needs pertaining to that inneroffice.
ROBERT STEWART-I am aware of that requirement. We will be in the next week or
so particular on Queen Victoria Grant, 60% started and will be applying for the
Town Board approval of Phase II which they indicate is automatic as long as we
are 60% started...I would offer that the roads be accepted conditioned upon the
Planning Board approving Phase II.
SUPERVISOR WALTER-We have been saying to the Planning Board no conditions, they
must have everything in their hands before they say yes or no...so how could the
Town Board do that? We have to establish order.
SCOUT-Thanked Mr. Kurosaka for his encouragement said he was working on a project
to show leadership and guidance.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 312, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. George Kurosaka.
RESOLVED-that the Town Board Minutes of September 9, 22, 29, 1987 be and hereby
are approved.
AYES: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAM EXTENDING THE PERIOD FOR A STAY OF
FILING APPLICATIONS FOR MAJOR SUBDIVISIONS AND/OR SITE PLAN REVIEV IN EXCESS OF
FOUR DUELLING lN1ITS
RESOLUTION NO.313, Introduced by Mrs. Betty Monahan who moved for its adoption
seconded by Mr. Ronald Montesi.
WHEREAS,by Local Law Number 3 of 1987 the Town Board enacted a local law staying
the filing of applications for major subdivisions and/or site plan review in excess
j of four dwelling units from April 29, 1987 through October 23, 1987, and
WHEREAS, following such enactment the Town Board engaged Holman Associates to prepare
a master plan for the Town of Queensbury, and
WHEREAS, on June 18, 1987 the Town Board engaged C.T. Male Associates to perform
traffic studies for use in developing a master plan for the Town, and
WHEREAS, the Town Board has appointed a Land Use Advisory Committee for purpose
of tailoring the master plan with the issues and objectives of the residents of
the Town, and
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WHEREAS, The Advisory Committee has conducted seven "mini-meetings" from August
12, 1987 through August 31, 1987 for the purpose of obtaining neighborhood comments
on growth and development within the Town, and
WHEREAS, the Advisory Committee has had an additional three meetings at which various
issues including existing natural resources and their impact on development potential
were reviewed, and
WHEREAS, the Town, through Robert Eddy, has completed a Historic Resources Inventory
for Queensbury, and
WHEREAS, the Town's Planning Specialist has collated and coordinated a Wetland
Survey for the Town, and
WHEREAS, the Town has requested assistance from the Warren County Planning Department
to prepare population and housing studies for the Town, which studies are in the
process of being finalized, and
WHEREAS, notwithstanding the work accomplished since the enactment of the stay,
additional time is required to map the Town for land uses, detail the master plan,
and revise the zoning ordinance and subdivision regulations, and
WHEREAS, it is anticipated that such work will be finalized and all procedural
requirements for enactment may be met if such stay is extended for an additional
120 days, and
WHEREAS, a fire deployment study has been conducted and completed,
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 4:00 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 23rd day of October, 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 A
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. of 1987
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. On April 29, 1987 the Town Board of the Town
of Queensbury enacted Local Law Number 3 of 1987 which prohibited the filing
of applications for approval for major subdivisions and/or site plan review in
excess of four units until October 23, 1987. Following the passage of such Local
Law the Town Board engaged Holman Associates to prepare a master plan for the Town.
The Town Board engaged C.T. Male to prepare traffic studies for purposes of planning
zoning ordinance amendments. The Town Board appointed an Advisory Committee for
the purposes of providing resident input in the preparation of the Master Plan.
Seven "mini-meetings" for residents of the Town's neighborhoods have been held.
Various studies on soils, wetlands, infrastructure, and scenic resources have been
undertaken. An additional time period of 120 days, however, is required in order
to complete the master plan, revise the current zoning ordinance and subdivision
regulations, and comply with the procedural and public hearing requirements of
the adoption of such plan, ordinance and regulation. In no case shall the stay
herein created continue beyond the adoption by the Town of a Master Plan and revised
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Zoning Ordinance and Subdivision regulations.
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
120 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.
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 immediately.
DISCUSSION BEFORE VOTE:
COUNCILMAN BORGOS-Asked for an amendment be added to the resolution: WHEREAS, a
Fire Deployment study has been conducted and completed, agreed upon by the entire
Board.
Stated that when the stay for filing began they had hoped to be done in 60 days
but because of things beyond their control they need a little more time. We truly
don't believe that it is going to take more than 120 days, and hope we can accomplish
it in less time.
SUPERVISOR WALTER-Stated that the bulk of the time over the next couple of months
will be spent with public input and encouraged the Town Board to consider this
number of days to get the public input but is trying to sketch it out in talking
with Mr. Holman and it is realistic. In fact feels quite optimistic that we will
be able conclude it within the 120 days.
RESOLUTION SUPPORTING NARREN COUNTY BOARD OF SUPERVISOR RESOLUTION#260
RESOLUTION NO. 314, Introduced by Mrs. Betty Monahan who moved for its adoption,
second d b
e y Mr. Stephen Borgos
WHEREAS, THE Town of Queensbury is a party to the Intermunicipal Agreement for
the Lake George Basin, and
WHEREAS, the firm of Rogers, Golden and Halpern of Philadelphia, PA has been selected
as a consultant to initiate specified tasks in the I.M.A. and
WHEREAS, the Warren County Board of Supervisors passed resolution number 260 authorizing
an expenditure not to exceed $10,000 of Intermunicipal Agreement Funds (I.M.A.)
to reimburse the IMA consultant of Philadelphia, Pennsylvania for per diem expenses
to initiate specified tasks of the I.M.A. and
WHEREAS, the Town of Queensbury wishes to extend the I.M.A. to complete the work
of the I.M.A. consultant as outlined in the attached work program, NOW, THEREFORE,
BE IT
RESOLVED, that the Town of Queensbury extends the I.M.A. for a second year, commencing
September 1, 1987, and
RESOLVED, that the Town of Queensbury requests funding for the I.M.A. from the
Local Assistance funds administered by the Adirondack Park Agency in the amount
of $70,000 to be provided to Warren County as fiscal agent under the terms and
conditions for the I.M.A. for the above described work program.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
j 0 10
Absent: None
RESOLUTION SETTING NEW FEES FOR ELECTION INSPECTORS
RESOLUTION NO. 315, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. Ronald Montesi.
WHEREAS, Election Inspectors are now appointed by the county Board of Elections
but it is still the responsibility of the Town of Queensbury for payment of these
inspectors, _
NOW THEREFORE BE IT
RESOLVED, that the following new fees be set for 1987 for election inspectors.
$40.00 Primary Day
$40.00 Registration Day
$60.00 Election Day
$ 5.00 Chairman each time
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO INTERPRET RESOLUTION NO. 192 OF 1987 REGARDING MINIMUM STANDARDS
FOR CONSTRUCTION OF ROADS OFFERED FOR DEDICATION
RESOLUTION NO. 316, Introduced by Mr. Ronald Montesi who moved for its adoption
seconded by Mrs. Betty Monahan
WHEREAS, Robert S Stewart has requested an interpretation regarding Resolution
NO. 192 of 1987, and
WHEREAS, the Town Board has considered the legislative history of the resolution,
NOW, THEREFORE BE IT
RESOLVED, that the minimum standards for road construction include blacktop, AC
pavement set for Town in Resolution No. 192 of 1987 shall apply to the subdivisions
known as Queen Victoria's Grant and Queensbury Forrest.
Duly adopted by the following vote:
Ayes: Mr. Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: Mr. Kurosaka, Mr. Borgos
Absent: None
RESOLUTION TO AMEND ORDINANCE NUMBER 52 (SANITARY SEMAGE DISPOSAL ORDINANCE), ORDINANCE
NUMBER 30, (STATE BUILDING CONSTRUCTION CODE) and QUEENSBURY ORDINANCE SUBDIVISION
REGULATIONS.
RESOLUTION NO.317- Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. Ronald Montesi.
WHEREAS, the Town Board wished to have the language (that necessitates certification
of all engineered systems involving Town projects) inserted in its Ordinances and
Subdivision Regulations, and
WHEREAS, the Town Board set a public hearing at 7:30 P.M. in the Meeting Room of
the Town of Queensbury Office Building, Bay and Haviland Roads, in the Town of
Queensbury, Warren County, New York on Tuesday October 13, 1987 at which time all
persons interested in the subject matter thereof were heard,
NOW, THEREFORE BE IT
RESOLVED, The Town Board approved amendments as follows: Where a provision of the
11
Queensbury Sanitary Sewage Disposal Ordinance, the Queensbury Subdivision Regulations,
the Queensbury Ordinance Number 30, or any other federal or state law, rule or
regulation requires that plans and specifications be designed by a licensed architect,
landscape architect or professional engineer a certification to the Town of Queensbury
shall be furnished in writing by the professional designing such plans or specifications
that the construction, installation, and/or work was performed in accordance with
the plans or specifications on file with the Town of Queensbury Building & Code
Enforcement Department.
Where the professional designing such plan does not issue such certification, the
owner, contractor or permitee shall provide to the Town of Queensbury Building
& Code Enforcement Department satisfactory explanation for the change in professionals
certifying the work performed to the Town.
The Building Inspector may waive the requirements for filing certifications for
minor alterations or standard construction in single family dwelling. Such waiver
4 shall be in writing filed with the Town Board.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
DISCUSSION BEFORE VOTE
SUPERVISOR WALTER-Referring to Rist Frost letter stated... I am not in favor of
the Building Inspector waiving any requirements as an individual because of the
definition of minor alterations.
We are looking for construction supervision and that should be dependent on the
project itself, and there should be in some cases absolute on the spot supervision.
It was agreed by the Town Board to accept the provisions of the Queensbury Sanitary
Sewage Disposal Ordinance as it is written with a few minor changes.(1) file with
the Town of Queensbury Building & Codes Enforcement Dept. (2) in single family
dwellings, (3) file with the Town Board.
RESOLUTION TO ACCEPT LOCAL LAW ESTABLISHING NO PARKING REGULATIONS WITHIN GURNEY
LANE RECREATION AREA
RESOLUTION NO.318, Introduced by Mr. Stephen Borgos who moved for its protection
seconded by Mrs. Betty Monahan.
WHEREAS, the Town Board of the Town of Queensbury has determined to consider the
adoption of a local law establishing no parking regulations for specified areas
within the Gurney Lane Recreation area, and
WHEREAS, a public hearing was held concerning the proposed adoption of said local
law and that said public hearing was 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 13th day of October 1987, at which time all persons
were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT
RESOLVED, that Local Law entitled " A LOCAL LAW NO PARKING REGULATIONS WITHIN GURNEY
LANE RECREATION AREA, and is hereby approved.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Mrs. Walter
Noes: None
�-- Absent: None
LOCAL LAW NUMBER 12 OF 1987
A LOCAL LAW ESTABLISHING NO PARKING REGULATIONS WITHIN THE GURNEY LANE RECREATION
AREA AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 32, BLOCK It LOT
21, 22, 23, &32.3
SECTION 1. For the purpose of this Local Law, the words "vehicle", "owner",
�1 12
"parked", "standing" shall have the meaning as defined in the Vehicle and Traffic
Law of the State of New York.
SECTION 2. Except as outlined and specified in Section 3 hereof, parking shall
be permitted only in designated parking lots and in other areas of the Gurney Lane
Recreation Area not posted by regulatory signs and more particularly described
on the Town of Queensbury Tax Map in Section 32, Block 1, Lots 21, 22, 23 and 32.3.
Parking in the aforesaid designated areas shall be permitted during the hours the
facility is open.
SECTION 3. Except as specified in Section 2 hereof, no vehicle shall be parked
or left standing on either side of the park roadway beginning at the stream culvert
located 694 feet from the Gurney Lane Recreation Area front gate on Gurney Lane (1
Road on the Town of Queensbury Tax Map Section 32, Block 1, Lot 32.3 and running --
thence in a southeasterly direction along the park road for 286 feet to the southwest
corner of swimming pool bathhouse facility, thence in a northerly direction on
both sides of the park road which runs parallel to the western boundary fence of
the swimming pool facility for a distance of 443 feet to a point at the northeast
corner of the Gurney Lane Recreation Area parking lot.
SECTION 4. Any person violating any provision of Section 2 or Section 3 of
this Local Law shall upon conviction be punishable for a first offense by a fine
not to exceed $25.00 and for a second offense by a fine not to exceed $50.00.
In addition to the aforesaid penalties, the Town Board of the Town Queensbury may
institute any proper action, suit or proceeding to prevent, restrain, correct or
abate any violation of this Local Law.
SECTION 5. This Local Law shall take effect immediately upon filing thereof
in Office of the Secretary of State.
COUNCILMAN BORGOS-Stated that Clemenshaw was on the Board of Review in 1974 and
although you indicated that I might have been there I did not come on until 1975.
I was there for a lot of years and never violated any rules or regulations.
RESOLUTION APPROVING A LOCAL LAW LIMITING SOURCE OF SOLID WASTE DISPOSED AT QUEENSBURY -
SANITARY LANDFILL
RESOLUTION NO. 319, 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 Authority Pursuant to Section
130 (6) of the Town Law and in accordance with the Municipal Home Rule Law to pass
legislation regulating the use of the Town of Queensbury Landfill and
WHEREAS, the Town of Queensbury is engaged in negotiations with the Department
of Environmental Conservation regarding the terms of a consent order for the closure
of the Town of Queensbury landfill and
WHEREAS, the Town Board is aware that the minimum area of land should be utilized
for the landfill operation pending closure of the existing site and development
and use of alternative methods for solid waste disposal, and
WHEREAS, the waste originating outside of the Town and City is filling land which
would otherwise be utilized for disposal of resident and taxpayer's sold waste,
and
WHEREAS, the fees paid for waste disposal originating beyond the bounds of the
Town and City do not compensate the Town for the cost of current disposal, depletion
of available land and contingency funding for future closure plans, and
WHEREAS, legislation limiting the source of solid waste has been prepared, a copy
of which is annexed hereto, and
WHEREAS, the proposed local law is worthy of consideration for legislative action.
NOW, THEREFORE BE IT
RESOLVED, that a public hearing was held concerning the proposed adoption of said
local law and that said public hearing was held at 7:30 p.m. in the meeting room
of the Town of Queensbury, Warren County, New York on the 13th day of October 1987,
at which time all persons interested in the subject thereof was heard,
13
THEREFORE BE IT
RESOLVED, that the Town Board hereby approves the Local Law limiting solid waste.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
DISeU-SSION BEFORE VOTE:
COUNCILMAN BORGOS-Mr. Barber raised an interesting point of accountability and
v certification enforcement...said he would like to see certification of each load
by the firms and then confirmed by a town employee.
COUNCILMAN MONAHAN-Agreed for the hauler to take the accountability not put the
burden on a town employee because they have not had the training.
COUNCILMAN BORGOS-Stated that if there was a date on the load, then if there was
a problem they would know that on a certain date and somebody did see it dumped
and to their best of their knowledge they were informed that it came from a certain
place.
COUNCILMAN MONAHAN-Stated that she did not mind that if they took the hauler's
certification they saw it dumped but not certify what is in the load.
COUNCILMAN BORGOS-Agreed, thought there should be another name there so that would
be the end of the trail... asked about the procedure, also wanted the fee set not
to exceed $500.00.
TOWN COUNSEL-Stated that the procedures could be done through the regulation that
have been done.
y�
LOCAL LAW NUMBER 13, 1987
_--- LIMITATION ON SOURCE OF SOLID WASTE
DISPOSED AT QUEENSBURY SANITARY LANDFILL
1. TITLE: This Local Law shall be known as "The Solid Waste Source Limitation
Law of the Town of Queensbury.
2. PURPOSE: The Town Board of the Town of Queensbury finds that it is in the general
public interest to place limitations on the source of solid waste disposed at the
Queensbury Sanitary Landfill. It is the intention of the Town Board to minimize
and limit the amount of land utilized for solid waste disposal and therefore reduce
the impacts on the environment, decrease the cost for closure of the sanitary landfill
and maximize the existing facility for the benefit of the residents of the Town
of Queensbury.
3. PROHIBITIONS: No person, firm or corporation shall dispose, leave, or cause
to be placed at the Town of Queensbury Sanitary Landfill on Ridge Road in said
town or the Luzerne Transfer Station garbage or any form of solid waste regulated
by the New York State Department of Environmental Conservation which garbage or
solid waste originates outside of the boundaries of the Town of Queensbury.
4. EXCEPTIONS: Section 3 of this Local Law shall not apply to garbage or solid
waste originating within the boundaries of the City of Glens Falls.
5. PENALTIES:
A. A violation of this local law shall be an unclassified misdemeanor, and
upon conviction shall be punishable by a fine set at $500.00 for each violation.
B. Any person, firm or corporation who, or whose agents, employees or officers
shall be convicted of violating this local law may thereafter be denied use of
the said Ridge Road Landfill and Luzerne Road transfer station.
6. SEVERABILITY: If any section of this local law shall be held unconstitutional,
invalid or ineffective, in whole or in part, such determination shall not be deemed
14
to affect, impair or invalidate the remainder thereof.
7. EFFECTIVE DATE: This local law shall take effect immediately.
COMMUNICATIONS:
Ltr. DOT regarding speed limit between the Glens Falls City line and a point 0.2
mile north of Cronin Road, and a 45 MPH on Bay Road, on file.
Ltr. Petition regarding the corner of Old Forge and Dixon Road, on file.
BID OPENING: WATER - 9- BID DATE SEPTEMBER 29, 1987 2:00 P.M.
BIDDER NAME/ADDRESS
United States Pipe and Foundry Co., 220 White Plains Road, Tarrytown, N.Y. 10591-10307
Non-Collusive-attached - Spec.87.4 2300ft. 12"Tyton Di Pipe Class 50 11.19 per ft.
1700ft. 8" " 6.62 "per ft.11 11
1200ft. 6" " 4.80 "per ft.11 11
L & C Municipal Sales Inc.,85 k Main St. P.O. Box 446, Johnstown, N.Y. 12095
Non-Collusive-attached - Spec.87.3 Fire Hydrants 6,900.00
" 87.5 Valve Boxes 1,360.00
" 87.6 Valve Box Ext. 305.50
" 87.4 Ductile Iron Pipe 2300' 12" 11.45.per ft.
1700' 8" 6.87 per ft.
1200' 6" 5.03 per ft.
Vellano Bros. Inc., 7 Hemlock St., Latham, N.Y. 12110
Non-Collusive-attached - Spec.87.5 Valve Boxes, 2pc. slide type 1016.00
87.3 Fire Hydrants 6408.00
87.6 Valve Box Ext. 14" 145.00
87.6 Valve Box Ext. 18" 177.50
Griffin Pipe Products Co., Florence, New Jersey 08518
Non-Collusive-attached - 2300' SBT DI Pipe CL. 50 12" 11.67 per ft.
per ft.
1700' SBT DI Pipe CL. 50 8" 6.90 per ft.
1200' SBT DI Pipe CL. 50 6" 4.99 per ft.
Atlantic States Cast Iron Pipe Co., 183 Sitgreaves St., Phillipsburg, N.J. 08865
Non-Collusive-attached - Spec.87.4 2300' Tyton DI Pipe Class 50 11.15 per ft.
1700' 50 6.60perft.
1200 50 4.79perft.
Ltr. Thomas K. Flaherty Water Supt. recommending that the Board accept the low
bid of Atlantic States Cast Iron Pipe Co. for Ductile Iron Pipe, Vellano Bros.,
Inc. for Fire Hydrants, L&C Municipal Sales, Inc. for Valve Box Extensions, Vellano
Bros., Inc. for Valve Boxes on file.
RESOLUTION TO ACCEPT BID
RESOLUTION NO. 320, Introduced by Mr. George Kurosaka who moved for its adoption
seconded by Mr. Ronald Montesi. '
WHEREAS, Thomas K. Flaherty of the Queesnbury Water Dept. did recommend that we
advertise for bids for Ductile Iron Pipe, Valve Boxes, Valve Box Extensions and
Fire Hydrants and
WHEREAS, five bids were submitted and received and opened at the specified time
and place by the Director of Purchase/Town Clerk Darleen M. Dougher, and such bid
15
was then turned over to Mr. Thomas K. Flaherty for his recommendation, and
WHEREAS, Thomas K. Flaherty by letter has recommended that the bid be awarded to
the following: Specification No. 87-3 Vellano Bros., Latham, New
York
Co. Phillipsburg,NJ. 87-4 Atlantic States Cast Iron
N.Y. 87-5 Vellano Bros., Inc., Latham,
Johnstown,NY 87-6 L & C Municipal Sales, Inc.
IY NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation
of Thomas K. Flaherty as mentioned above, and be it further
RESOLVED, that the financing for such items are in the Water Dept. 1987 Budget.
Duly adopted by the following vote.
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
Ltr. Ralph VanDusen, Deputy Superintendent regarding AWW Conference on file.
RESOLUTION TO ATTEND SENINAR
RESOLUTION NO. 321, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. George Kurosaka.
WHEREAS, Ralph VanDusen, Deputy Superintendent has requested permission to attend
the Adirondack Water Works Conference held at the Glens Falls Water & Sewer Dept.,
October 22, 1987
NOW THEREFORE BE IT
RESOLVED, that permission is hereby granted to Ralph VanDusen, to attend the Adirondack
Water Works Conference on October 22, 1987 and be it further
RESOLVED, that the Town Board authorizes payment of all reasonable and necessary
expenses.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr-Montesi, Mrs. Monahan, Mrs. Walter .
Noes: None
Absent: None
SUPERVISOR WALTER-Stated that any member of the Board who would like to go is welcome,
Councilman Montesi said he would like to go.
Ltr., Thomas Flaherty, Water Superintendent, regarding water service, on file.
SUPERVISOR WALTER-I have a letter from Tom Flaherty regarding water service for
Mrs.Olga Howard, 24 Quarry Crossing, Town of Kingsbury and we need to approve the
extension of water service to another community.
RESOLUTION TO EXTEND WATER SERVICE
RESOLUTION NO.322, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. George Kurosaka.
WHEREAS, Mrs. Olga Howard, Town of Kingsbury has requested water service at 24
Quarry Crossing,
16
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury approves the extension
of water service to 24, Quarry Crossing which is in another Community.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
SUPERVISOR WALTER-I have a letter from APA stating that a resolution on August
11, 1987 that the Town Board approved to ask the APA to help out with some of our
zoning and the planning cost for $12,000.00 and we have been funded for the full
$12,000.00. We also received a letter from the New York Historic Preservation
that we did not get our grant for Ridge Road Park. I am in the process now of
finding out why, this is the second year that it has been turned down. Stated
that Cynthia Benton, Fuller Road has requested HUD funds for rehabilitation and
under the Community Development Funds Fuller Road is outside the target area.
There is money that has not been used in almost two years period of time in the
West Glens Falls area...so they are requesting to take funds outside the designated
target area. A couple of years ago they asked this request and I did not bring
it to the Board because one of the rules and regulations for distributing funds
is that any kinds of liens or taxes are paid in full and this house was in the
rears with taxes. The children have gotten together and the taxes are fully paid
up.
RESOLUTION FOR USE OF REHAB ASSISTANCE
RESOLUTION NO. 323, Introduced by Mr. George Kurosaka who moved for its adoption
seconded by Mr. Montesi
WHEREAS, The Town Board of the Town of Queensbury has reviewed the application
fcr rehab assistance for Mrs. Cynthia Benton, and__
WHEREAS, Mrs. Benton's property is locatejoutside the "target area" and a dispensation
to use the funds outside the area is necessary;..and
WHEREAS, there is currently unexpended housing assistance funds available,
NOW, THEREFORE BE IT
R ESOLVED, that the Town Roard of the Town of Queensbury authorizes the Warren County
Planning Department to pursue rehab assistance to Mrs. Cynthia Benton.
Duly adopted by the following vote:
Ayes: Mrs. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
COUNCILMAN BORGOS-I would like to go on record as Mr. Stewart indicated that I
was on the Board of Assessment in 1974 and Mr. Clemenshaw was on in 1974, I came
on in 1975 and I was there for a lot of years and never violated any rules.
ROBERT STEWART-The Michaels Group called today asking when Dixon Heights would
be on the agenda...on behalf of the Mazullo Brothers in order to get their roads —
accepted what can they do to solve the problems.
COUNCILMAN MONTESI-Stated that he had had a conversation with the Michaels Group
regarding a sidewalk between the driveways at each end, we were willing to absorb
the responsibility of maintaining the sidewalk...it was all agreed, now we have
a third party to deal with and the second party didn't tell the third party about
the agreement.
ROBERT STEWART-Mazullo Bros. owned all the lots, sold them to the Michaels Group
who sold the lots to be built on. Asked if it could be put on the agenda so it
could be discussed?
17
SUPERVISOR WALTER-I would like to refer to Town Counsel for approval because we
had the approval of the Water Department, and Highway Department and we waited
for the approval of our attorney and he put a note on it.
TOWN ATTORNEY-You had my approval seven days before this meeting but I put a note
on it because I did not want it to fall through the cracks that this subdivision
or a portion of it involved the stop work order and this is a legislative act and
in terms in making a determination I wanted them to be aware of what was going
on.
i
ROBERT STEWART-Asked what they could do to correct those mistakes?
SUPERVISOR WALTER-I spoke to the Michaels Group. We have a stop work order on
Dixon Heights and a road approval also, and in good faith they have not constructed
their first phase...its in the process, they have a lot of work to do...they have
to submit to the state agencies and that is very lengthy.
REPORTS: Town Clerk and Building & Code Enforcement Reports for September 1987
on file.
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO.324, Introduced by Mr. Stephen Borgos who moved for its adoption
seconded by Mr. George Kusosaka.
RESOLVED, that Audit of Bills as appears on Abstract and numbered 3116-3450 and
totaling $240,225.14 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
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO.325 Introduced b the entire Town Board who moved for its adoption.
_ ESOL ON , Y P
RESOLVED, that the Town Board herby moves into executive session to discuss litigations,
personnel, and land negotiations.
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
TOWN OF QUEENSBURY
18
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