1987-12-22 so
TOWN BOARD MEETING
DECEMBER 22, 1987
7:30 P.M.
PRESENT:
Mrs. Frances Walter-Supervisor
Mr. George Kurosaka-Councilman
Mr. Stephen Borgos-Councilman
Mr. Ronald Montesi-Councilman
Mrs. Betty Monahan-Councilman
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRANCES WALTER.
PUBLIC HEARING
Proposed Hiland Park Sewer District
Notice Shown
SUPERVISOR WALTER-The Hiland Park Sewer Dist. will be a district created and will include
all of the lands within the PUD of Hiland Park. The water district charges as far as construction
is concerned are to be borne by the developer and therefore there will be no public financing of
the district. Asked for public input...asked for Board comments...none was heard... Hearing Closed
7:41 P.M.
Mr. Borgos and Mr. Montesi have been meeting with the Union Representatives and Mr. Paltrowitz
our consultant, they have requested a few minutes of the Boards time to discuss the negotiations...
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 383, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded
by Mr. Ronald Montesi:
RESOLVED, that the Town Board hereby moves into executive session to discuss contract negotiation.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None �
Absent:None
Meeting brought hack into session
SUPERVISOR WALTER.-As a result of the negotiations between the Union and the Town of Queensbury
there is a tentative agreement, the details will not be discussed until the Union meets next week
and the Town Board will meet next week for ratification of the contract...
OPEN FORUM
8:25 P.M.
COUNCILMAN BORGO:-The Oath of Office will be administered on January 1st. 1988 at 12 Noon...Judge
Austin presiding...There will be an organizational meeting January 5th at 4:30 P.M.
SUPERVISOR WALTER-Asked for further comments-hearing none Open Forum Closed.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 384, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded
by Mr. George Kurosaka:
RESOLVED, that the Town Board Minutes of November 24, 1987 and December 8th 1987 be and
hereby are approved.
Duly adopted by the following vote:
11. _
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAW ESTABLISHING SANITARY REGULATIONS
SIGNIFICANT INDUSTRIAL USERS OF THE RUF.ENSBURY SEWER DISTRICT
RESOLUTION NO. 385, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded
by Mr. George Kurosaka:
WHEREAS, the Town Board has heretofore created the Quaker Road Sewer District, and
WHEREAS, following such enactment the Town Board has been requested to extend such sewer
district to cover additional areas within the Town, and
WHEREAS, by agreement dated December 31, 1985 the Town and the City of Glens Falls entered
into an'agreement permitting the Town to discharge a limited amount of waste water into the
City Sewage Treatment Facility, and
WHEREAS, by the terms of the aforesaid agreement, the Town was required to adopt local legislation
to insure compliance with all applicable Federal and State rules and regulations by users of the
Sewage Treatment Facility located within the Town of Queensbury, and
WHEREAS, legislation for industrial users has been prepared, a copy of which is annexed hereto,
and
WHEREAS, the legislation is worthy of consideration.
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and
that said public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office
Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the
12th day of January, 1988 at which time all persons interested in the subject thereof will be heard,
and be it further
RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice
of said public hearing as may be required by law.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
(Text of Local Law on file)
DISCUSSION ON PROPOSED LOCAL LAW
Supervisor Walter-These are specifically industrial regulations...we have had this reviewed by,
Attorneys and they have indicated that our sewer users must have the same regulations as those
in the City of Glens Falls in as much as the City is accepting the affluent from the industrial
users. Town Counsel-Because the City of Glens Falls has a permit through DEC and EPA for
the permit to be issued rules and regulations have to be adopted the same rules will apply for
Queensbury as for those in Glens Falls.
RESOLUTION TO AUTHORIZE. CONTRACT WITH GLENS FALLS SENIOR CITIZENS CENTER,
INC.
RESOLUTION NO.386, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. George Kurosaka:
WHEREAS, the Town of Queensbury has heretofore contracted with the Glens Falls Senior Citizens
Center, Inc. to provide for services for the elderly, and
WHEREAS, New York State Aid is available for establishment, maintenance and expansion of
Senior Citizens Programs, which aid was expanded by the provision of Chapter 1001 of the laws
of New York, 1974, providing among other things that State Aid will be available for approved
expenditures for a municipal program, and
WHEREAS, the Town of Queensbury desires to continue its support of the Glens Falls Senior Citizens
Center, Inc. under provisions of law so as to be eligible for State Aid as a Co-Sponsoring municipality,
NOW, THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Queensbury be and he is empowered to contract
with the Glens Falls Senior Citizens Center, Inc. for the furnishing o 'Ces to the elderly residents
of the Town of Queensbury for the year 1988 and the payment of $5,00(1: therefore be approved,
and the Supervisor is hereby directed to execute the contract on behalf of the Town and a. copy
of such contract, duly executed shall be filed with the Town Clerk.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
A bsent.-*O"e,.
RESOLUTION TO ACCEPT DEED"M-TOWN OP QuI ENMW",FAN PRKMISES FOR TOWN
HIGHWAYS TO BE KNOWN AS OLD MILL LANE (Extension) AND TIFFANY DRIVE
RESOLUTION NO. 387, Introduced by Mr. George Kurosaka who moved for its adoption, seconded
by Mr. Stephen Borgos:
WHEREAS, the Michaels Group, Inc., has executed and offered a deed for town roadways to be
known as Old Mill Lane and Tiffany Drive, which are more particularly described in the deed annexed
hereto and made a part hereof,and
WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised
that he has made the necessary inspection of the right of way clearing, sub-base preparation,
drainage implementation, and surface treatment and finds that such work has been performed
in accordance with the standards and requirements of the Town of Queensbury and he recommends
that this Board accept this land for highway purposes into the Town Highway System, and
WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised
that he has made the necessary inspection of Water Line Installation in the proposed highways
which are located within the geographical boundaries of the Queensbury Consolidated Water District j
and finds that said installation has been made in accordance with the standards and requirements
of the Town of Queensbury and that he recommends that this Board accept this land insofar as
the water installation is concerned, and
WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq., Counsel to the
Board,
NOW, THEREFORE BE IT
RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and
that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the
Warren County Clerk's Office after which said deed shall be properly filed and maintained in the
office of the Town Clerk of the Town of Queensbury, and be it further
RESOLVED, that the new roads be hereby added to the official inventory of Town Highways, to
be described as follows:
Road No. 425 Description: North/South
Name: Old Mill Lane Feet: 871'
Road No. 443 Description: East/West -•�
Name: Tiffany Drive Feet: 497'
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mrs. Walter
Noes: Mr. Montesi, Mrs. Monahan
Absent: None
DISC..USSION ON ACCEPTANCE OF*ROAD
COUNCILMAN MONTESI- Mr. Valentine, you and I had a discussion with Mr. Naylor regarding
driveway cuts, ...regarding another driveway cut into your subdivision from Dixon Road...I am
here to tell you as one board member that I will not allow,another driveway cut on Dixon Read...
RF..SOLUTION IN THE MATTER OF THE ESTABLISHMENT OF A WATER DISTRICT IN THE TOWN
OF RUEF.NSBURY, WARREN COUNTY, NEW YORK TO BE KNOWN AS THE HILAND PARK
WATER DISTRICT IN SAID TOWN FINAL ORDER
RESOLUTION NO. 388, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Stephen Borgos:
WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore
duly caused a general map, plan and report to be prepared by a competent engineer, duly licensed
by the State of New York, which have been filed in the Office of the Town Clerk of said Town
in relation to the establishment of a proposed water district in said Town, to be known as the
Hiland Park Water District; and
WHEREAS, an order was duly adopted by said Town Board on the 27th day of October 1987, reciting
a description of the boundaries of said proposed water district, the improvements proposed therefore,the
maximum amount proposed to be expended for said improvements, the proposed method of financing
to be employed, the fact that said map, plan and report were on file in the Town Clerk's Office
for public inspection, and specifying the 10th day of November 1987, at 7:30 o'clock p.m. prevailing
time, at the Queensbury Town Office Building, Bay & Haviland Roads, in said Town, as the time
when and the place where said Town Board would meet for the purpose of holding a public hearing
to hear all persons interested in the subject thereof concerning the same; and
WHEREAS, such order was duly published and posted in the manner and within the time prescribed
by Section 209-d of the Town Law and proof of such publication and posting has been duly presented
to said Town Board; and
WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid,
at which time all persons desiring to be heard were duly heard; and
WHEREAS, following said public hearing, and upon the evidence given thereat and upon the general
map, plan and report along with the Environmental Assessment Form which the Town Board had
caused to be prepared in accordance:with the requirements of the State Environmental. Quality
Review Act concerning the establishment of the proposed Hiland Park Water District and the
construction of the improvements proposed therefor, the Town Board duly adopted a resolution
making a determination of no significant environmental impact of,the proposed establishment
of the Hiland Park Water District and the construction of the improvements proposed therefor;
and
WHEREAS, following said public hearing, said Town Board also duly adopted a resolution approving
the establishment of said water district an the construction of the improvements proposed therefor,
said resolution expressly providing that it was subject to a permissive referendum as provided
by Section 209-e of the Town Law; and
WHEREAS, after the expiration of the time for filing a petition requesting that the matter be
submitted to a referendum of the eligible votes of the proposed district, the Town Clerk duly
filed in the Office of the Warren County Clerk, a certificate stating that no petition requesting
that the matter be submitted to a referendum had been filed with the Town Clerk; and
WHEREAS, permission of the State Comptroller is not required because financing of the district
will not occur by the issuance of bonds as evidence of indebtedness of said Town, NOW, THEREFORE
IT IS HEREBY
ORDERED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows.
SECTION 1. A water district extension in the Town of Queensbury, Warren County, New York
to be known as the Hiland Park Water District, is hereby established in accordance with aforesaid
order of the Town Board and is bounded and described as set forth in Schedule "A" attached hereto
( and made a part hereof.
SECTION 2. The improvements proposed for said water district extension including original furnishings,
equipment, or apparatus required in connection therewith, all as more fully in the map, plan and
report prepared in connection therewith, is hereby
84
authorized and is estimated to be $2,210,000.00. The $2,210,000.00 cost of said improvement shall
not be through the issuance of bonds, notes, certificates or other evidences of indebtedness of
the Town of Rueensbury, but rather shall be borne by the developer in accordance with the Memorandum
of Understanding of July 1, 1987 annexed and marked Schedule "B", and the costs aforesaid shall
be assessed, levied and Collected from, the lots and parcels of land within the boundaries of the
district heretofore described in the same manner and at the same time as other Town charges
and further pursuant to an agreement made in accordance with Section 277 of the Town Law between
the Town of Rueensbury and Hiland Park Corporation guaranteeing the payment of the assessments
and the costs for the extension of such district.
SECTION 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this
order to be duly recorded in the Office of the Clerk of Warren County, New York, within ten (10)
days after the adoption of this order by the Town Board and to file a certified copy thereof within
t
that time in the Office of the State Department of Audit and Control, in Albany,New York, both
pursuant to Subdivision I of Section 209-g of the Town Law. When so recorded, such order shall
be presumptive evidence of the regularity of the proceedings for the establishment of said Hiland -
Park Water District, of the proceedings instituted for the construction of the improvements hereinbef`.1
described and of all other action taken by said Town Board in relation thereto.
SECTION 4. This order shall take effect immediately.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
SCHEDULE A.
Beginning at a point where the northeast corner of Hiland Park intersects the south right-of-way
line of Sunnyside Road; thence running in a westerly direction along said right-of-way line to the
easterly boundary of parcel 25, block 3, section 146 on the tax maps of the Town of Rueensbury;
thence southerly along the easterly boundary of said parcel, then westerly along the southerly
boundary of said parcel, then northerly along the westerly boundary of said parcel to the southerly
right-of-way line of Sunnyside Road; thence westerly along said right-of-way to the easterly boundary
of parcel 3, block 1, section 46 of said tax maps; thence southerly and westerly along the easterly
and southerly boundaries of said parcel to a point on the southerly boundary of parcel 51.1, block
3, section 48 of said tax map; thence westerly along the southerly boundary of said parcel to the
southeast corner of parcel 1, block 1, section 60 of said tax map; thence westerly and southerly
along the southerly and easterly boundaries of said parcel to the northerly right-of-way of Haviland
Road; thence southerly across Haviland Road to the northwest corner of parcel 21, block 2, section
60 of said tax map; thence southerly along the westerly boundary of parcel 21, block 2, section
60 of said tax maps and the easterly boundary of parcel 16.1, block 2, section 60 of said tax map;
thence southerly, westerly and southerly along the easterly, southerly and easterly boundaries
of said parcel to the northerly boundary of parcel 3.4, block 2, section 60 of said tax map; thence
easterly along the northerly boundary of said parcel to the northerly boundary of parcel 3.32,
block 2, section 60 of said tax map, thence easterly along the northerly boundary of said parcel
to a point on the easterly right-of-way line of Meadowbrook Road;thence southerly along the
westerly side of the Meadowbrook Road westerly right-of-way line to a point at the intersection
of an extension of the northerly property line of parcel 4.1, block 2, section 46 and the westerly
right-of-way line of Meadowbrook Road; thence easterly over Meadowbrook Road along said extension
to the northwest corner of parcel 4.1, block 2, section 46; thence easterly along the northerly
border of parcel 4.1, block 2, section 46, thence easterly along the northerly boundary of said parcel
to the northerly boundary of parcel 38, block 2, section 46 of said tax maps; thence easterly along
the northerly boundary of said parcel to the westerly boundary of parcel 1, block 1, section 55
of said tax map; thence northerly, easterly, northerly and easterly along the westerly, northerly,
westerly, and northerly boundary of said parcel to the northerly boundary of parcel 2.1, block 1,
section 55 of said tax map; thence easterly along the northerly boundary of said parcel to the
westerly boundary of parcel 11.1, block 5, section 54 of said tax map; thence northerly along the
westerly boundary of said parcel to the westerly boundary of parcel 17, block 5, section 54 of
said tax map; thence northerly and easterly along the westerly and northerly boundary of said
parcel to the westerly boundary of parcel 6.6, block 5, section 54 of said tax map; thence northerly
along the westerly boundary of said parcel to the southerly right-of-way of Haviland Road;
85
thence westerly along the southerly right-of-way line of said road to a point on the southerly projection
of the easterly right-of-way line of Rockwell Road; thence northerly across Haviland Road to
the easterly right-of-way line of Rockwell Road; thence northerly along the easterly right-of-way
line of Rockwell Road; thence westerly across Rockwell Road to the southerly boundary of parcel
14.2, block 3 section 54 of said tax map, thence westerly and northerly along the southerly and
westerly boundaries of said parcel to the westerly boundary of parcel 21, block 3, section 54 of
said tax map; thence northerly along the westerly boundary of said parcel to the southerly right-of-way
line of Sunnyside Road; said point being the place of beginning. And, excepting from such district,
parcel 7.1, block 1, section 46 of said tax map, parcel 3, block 1, section 60 of said tax map, and
parcel 21, block 2, section 60 of said tax map, which are totally surrounded by lands of said district.
(Schedule B on file)
RESOLUTION TO AMEND STATUTORY INSTALLMENT BOND RESOLUTION NO. 360 DATED
NOVEMBER 24, B87
RESOLUTION NO. 389, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mr. Stephen Borgos:
WHEREAS, the Town Board of the Town of Rueensbury, New York, by a resolution duly adopted
on the 29th day of May, 1987 authorized expenditures for the construction of an addition to existing
Town Hall facilities located at Bay Road, Town of Queensbury, New York, and
WHEREAS, by Resolution Number 360 of 1987 the Town Board authorized a Statutory Installment
Bond in the amount of $499,000.00, and,
WHEREAS, the lowest interest rate obtainable in accordance with the provisions of the Local
Finance Law is 6.2% rather than 5.65% as set forth in Resolution Number 360 of 1987,
NOW, THEREFORE, BE IT
RESOLVED:
1. The specific object or purpose for which obligations are to be issued pursuant to
this resolution is to finance a portion of the cost to construct an addition to the Town Hall building
located on Bay Road in the Town of Rueensbury, New York.
2. The total sum of $499,000.00 is to be provided for construction costs not paid out
of surplus by the issuance of a statutory bond in that amount pursuant to this resolution.
3. The following determinations are hereby made:
A. The period of probable usefulness of such town hall addition is 20 years.
B. The subdivision of Paragraph A of Section 11.00 of the Local Finance Law which
is applicable in the circumstances is § 11.00 (12) (2) (C).
C. The proposed maturity of the obligation authorized by this resolution will not
be in excess of 5 years.
4. That the Town of Rueensbury issue its statutory installment bond in the amount
of $499,000.00 to finance such cost in accordance with the financial plan set forth below. Such
bond shall be dated approximately December 22, 1987 and the power to fix and determine the
exact date of such bond is hereby delegated to the Supervisor.
5. Such bond shall be in the amount of $499,000.00 and shall mature the 22nd day of
December, 1992 and shall be paid in the following manner:
Interest shall be payable on June 22, 1988 and semiannually thereafter until the maturity
date:
$ 99,000.00-principal-plus interest-due December 22, 1988
$100,000.00-principal-plus interest-due December 22, 1989
$100,000.00-principal-plus interest-due December 22, 1990
$100,000.00-principal-plus interest-due December 22, 1991
86
$100,000.00-principal-plus interest-due December 22, 1992
the power to determine the date upon which such installments of principal and of interest shall
become due and payable is hereby delegated to the Supervisor. The bond shall be issued in registered
form and shall bear interest at 6.2% per anum which rate was determined in accordance with
Section 63.00 (b) of the Local Finance Law. Interest will not be paid on any installment of principal,
or of interest, after the due date thereof. Both the installments of principal and interest on this
bond will be evidence by notation on the bond at the time of the payment. The bond shall be
in substantially the form set forth in Schedule A hereof.
6. The Supervisor is hereby delegated the power to prepare such bond and to sell such
bond at private sale at not less than par and accrued interest, and at such sale to fix the interest, `—
and at such sale to fix the interest to be borne by such bond within the limitations as set forth
in this resolution. The Supervisor shall deliver such bond to the purchaser thereof only against
cash or a certified check. The proceeds of sale of the bond shall be deposited in a special bank
account as required by Section 165.00 of the Local Finance Law. The powers delegated to the
Supervisor by this resolution shall be exercised in conformity with the provisions of the Local
Finance Law.
7. The faith and credit of the Town of Rueensbury are hereby irrevocably pledged for
the payment of principal and interest on such bond as the installments become due and payable.
An annual appropriation should be made each year sufficient to pay the principal of and interest
on such bonds becoming due and ,payable in such year. .
8. The resolution shall take effect immediately.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
SUPERVISOR WALTER-The next resolution will be pulled from the agenda
(Resolution to retain engineer) will be put on at the next meeting...
f
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO. 390, Introduced by Mr. George Kurosaka who moved for its adoption, seconded
by Mr. Stephen Borgos:
RESOLVED, to transfer the following:
FROM ACCOUNT TO ACCOUNT AMOUNT
W12758320450 W12758340200 6000.00
W12758330440 W12758340200 2812.00
W12758330426 W12758340429 2000.00
W12758320153 W12758340429 3000.00
W12758340159 W12758340432 1300.00
W12758330428 W12759010800 1200.00
W12758340140 W12759010800 1700.00
W12758340206 W12759010800 1900.00
W12758340146 W12759030800 1000.00
W12758320423 W12759030800 300.00
W12758310422 W12758310410 650.00
W12758310403 W12758310413 214.00
W12758310403 W12758320100 62.00
W12758310403 W12758340158 270.00
W12758310422 W12758340158 35.00
W12759050800 W12759060800 1000.00
W12758340441 W12759060800 72 .00
W12758340424 W12759060800 2000.00
W12758340205 W12759060800 426.00
W12758340202 W12759060800 2047.00
W12758340157 W12759060800 2400.00
W12758340156 W12759060800 2000.00
W12758330425 W12759060800 839.00
87
W12758320423 W12759060800 200.00
W12758320402 W12759060800 283.00
W12758310421 W12759060800 3900.00
W12758310419 W12759060800 198.00
W12758310409 W12759060800 375.00
W12758310408 W12759060800 93.00
W12758310406 W12759060800 80.00
W12758310404 W12759060800 77.00
W12758320424 W12759060800 19.00
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs Walter
Noes: None
Absent: None
DEPUTY WATER SUPERINTENDENT RALPH VANDUSEN- explained to the Hoard why the various
transfers were being made...
RESOLUTION TO RETURN FEE
RESOLUTION NO, 391,, Introduced by Mr. Ronald Montesi_who,moved,for its adoption, seconded
by Mrs. Betty Monahan:
WHEREAS, the Queensbury Zoning Board has recommended that the variance fee paid by the
Bay Ridge Volunteer Fire Company Inc. be refunded.
NOW, THEREFORE BE IT
RESOLVED, that the Town Board hereby refunds the variance fee of fifty ($50.00) dollars paid
by the Bay Ridge Volunteer Fire Company Inc.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. -Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO SET PUBLIC BEARING ON PROPOSED LOCAL LAW LICENSING BUSINESSES
AND OCCUPATIONS IN THE TOWN OF QUEENSBURY
RESOLUTION NO. 392, Introduced by Mr. George Kurosaka who moved for its adoption, seconded
by Mr. Stephen Borgos:
WHEREAS, the Town Board of the Town of Queensbury has determined to consider the adoption
of a local law licensing businesses and occupations in the Town of Queensbury, and
WHEREAS, the Town of Queensbury recognizes the need to license businesses and occupations,
and
WHEREAS, the proposed local law has been prepared, a copy of which is annexed hereto, and
WHEREAS, the proposed local law is worthy of consideration for legislative action,
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and
that said public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office
Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the
12th clay of January 1988 at which time all persons interested in the subject thereof will be heard,
. and be it further
RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice
of said public hearing as may be required by law.
Duly adopted by the following vote:
8$
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
(Copy of proposed local law on file)
DISCUSSION HELD REGARDING PROPOSED LOCAL LAW
Supervisor Walter-The Board has talked about licensing businesses for a number of years, we have
compiled a list of businesses that are located in Queensbury, it is not a complete list but was compiled
between the building dept., fire marshal and others.. reviewed the proposed law...we are doing
this in that we feel it is important to maintain a file of businesses in the Town so that it can facilitate
us in the mailing of notices and communications that would impact on the businesses in the Town
of Queensbury. We do not have a handle on that right now, we also would be letting those businesses
know that they are located in the Town of Queensbury, this would help in the direction of the
sales tax..
The following changes were made in the original draft...SECTION 3. DEFINITIONS: remove the
phrase '"provided however, that this definition shall include any.and all professions licensed by
the State of New York. " B) remove the following "provided, however, that this definition shall
not be deemed to include a business, the sole function of which is the sale of goods and merchandise
to the other businesses for the purpose of resale by such other business." Councilman Kurosaka-questioned
the need for Town Board approval on already existing businesses...Board agreed that at this time
Section 9 would:remain as is...
RESOLUTION TO ENTER INTO AGREEMENT WITH COUNTY OF WARREN FOR LAW ENFORCEMENT
SERVICES
RESOLUTION NO. 393, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mrs. Stephen Borgos:
WHEREAS, the Queensbury Town Board has for the past five years contracted for extra police
protection within the Town's limits from the Warren County Sheriff's Department, and
WHEREAS, the original law enforcement contract expires December 31, 1987 and
WHEREAS, the Town Board is desirous to continue the arrangement for an additional one year
period at the same stated consideration ($250,000 per annum) and
WHEREAS, a proposed contract sets forth all terms and conditions of the proposed Agreement
between the Town of Queensbury and the County of Warren relative to said law enforcement services,
and
WHEREAS, it appears that the proposed contract is fair and equitable in all respects and that
entering into such a contract with the County of Warren would continue to be in the best interests
in the Town of Queensbury,
NOW, THEREFORE BE IT
RESOLVED, that the Town of Queensbury enter into an Agreement for law enforcement services
and that said Agreement contain all terms and provisions, and be in the form annexed hereto and
be it further
RESOLVED, that the Supervisor of the Town of Queensbury be hereby authorized to execute said
Agreement for law enforcement services between the Town of Queensbury and the County of
Warren on behalf of the Town of Queensbury.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
..J
Noes: None
Absent: None -
(Contract on file)
RESOLUTION TO TRANSFER FUNDS
RESOLUTION NO. 394, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded
by Mr. George Kurosaka:
Sy
WHEREAS, the Queensbury Town Board wishes to close out an Economic Development Capital
Reserve Fund necessitated by a ruling of the State Comptroller's Office
NOW, THEREFORE BE IT
RESOLVED, that $121,039.40 in code #H382356410300 be transferred back to Refunds of Prior
Year Expenses A2332701.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO AUTHORIZE INTERFUND TRANSFER FOR CAPITAL PROJECT
RESOLUTION NO. 395, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Ronald Montesi:
RESOLVED, that the Queensbury Town Board authorize the transfer of surplus funds from (A3320909)
to A2359950909 Capital Reserve Fund (Town Office Building Improvements) in the amount of
$550,000.00.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE CONTRACT WITH QUEENSBURY
ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION 396, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by
Mr. Ronald Montesi:
WHEREAS, a contract for certain services with the Queensbury Economic Development Corporation
has been prepared, and
WHEREAS, the Town Board of the Town of Queensbury wishes to contract for certain economic
promotional services in a sum not to exceed $200,000, and
WHEREAS, the aforesaid contract has been reviewed,
NOW, THEREFORE BE IT
RESOLVED, that the Town Supervisor is hereby authorized to execute the annexed contract.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
(Agreement on file)
RESOLUTION MAKING DETERMINATIONS PURSUANT TO SECTION 209e OF THE TOWN LAW
OF THE STATE OF NEW YORK IN RELATION TO E PROPOSED F.STABLISis MENT OF A SEWER
DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TO IR!KNOWN
AS THE HILAND PARK SEWER DISTRICT
RESOLUTION NO. 397, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Stephen Borgos:
WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore
duly caused a general map, plan and report to be prepared and filed in the Office of the Town
Clerk of said Town in relation to the establishment of a proposed sewer
90
district in said Town, to be known as the Hiland Park Sewer District, and
WHEREAS, an order was duly adopted by said Town Board on December 8, 1987 reciting a description
of the boundaries of said proposed district, the improvements proposed, the maximum amount
proposed to be expended for said improvements, the proposed method of financing to be employed,
the terms of a letter of intent regarding the construction and financing of such improvement,
the fact that said map, and plan were on file in the Town Clerk's office for public inspection,
and specifying the 22nd day of December, 1987 at 7:30 o'clock p.m. at the Town Office Building,
Town of Queensbury, Bay and Haviland Roads, in said Town as the time when and the place where
said Town Board would meet for the purpose of holding a public hearing to hear all persons interested
in the subject thereof concerning the same, and
WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaiq
at which all persons desiring to be heard were duly heard, and
WHEREAS, said Town Board has duly considered said map and plan and the evidence given at said
public hearing,
NOW, THEREFORE BE IT
RESOLVED, by the Town Board of the Town of Rueensbury, Warren County, New York as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined
as follows:
A. The notice of the aforesaid public hearing was published and posted as required by law and
is otherwise sufficient;
B. All the property and property owners within said proposed district are benefited thereby;
C. The establishment of said proposed district is in the public interest.
Section 2. The resolution shall take effect immediately.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None Li
Absent: None
RESOLUTION APPROVING THE ESTABLISHMENT OF A SEWER DISTRICT IN THE TOWN OF
RUEENSBURY, WARREN COUNTY, NEW YORK, TO BE KNOWN AS THE HILAND PARK SEWER
DISTRICT AND FURTHER APPROVING THE CONSTRUCTION OF THE IMPROVEMENTS PROPOSED
THEREFOR
RESOLUTION NO, 398, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Stephen Borgos:
WHEREAS, the Town Board of the Town of Rueensbury, Warren County, New York has heretofore
duly caused a general map, plan and report to be prepared and filed in the Office of the Town
Clerk of said Town in relation to the establishment of a proposed sewer district in said Town,
to be known as the Hiland Park Sewer District, and
WHEREAS, an order was duly adopted by the said Town Board on December 8, 1987, reciting a
description of the boundaries of said proposed district, the improvements proposed the maximum
amount proposed to be expended for said improvements, the proposed method of financing to be
employed, that no Town funds shall be expended for the improvements, the fact that said map ..1
and plan were on file in the Town Clerk's Office for public inspection, and specifying the 22nd.
day of December 1987 at 7:30 o'clock p.m. at the Rueensbury Town Office Building, Bay and Haviland
Roads, in said Town as the time when and the place where said Town Board would meet for the
purpose of holding a public hearing to hear all persons interested in the subject thereof concerning
the same; and
WHEREAS, such order was duly published and posted in a manner and within the time prescribed
by Section 209-d of the Town Law and proof of said publication and posting has been duly presented
to said Town Board; and
91
WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid,
at which all persons desiring to be heard were duly heard; and
WHEREAS, following said public hearing and based upon the evidence.given thereat, said Town
Board duly adopted a resolution determining in the affirmative all of the questions set forth in
Subdivision l of Section 209-e of the Town Law; and
WHEREAS, it is now desired to adopt a further resolution pursuant to Subdivision 3 of Section
209-e of the Town Law, approving the establishment of said district and the construction of the
improvements proposed therefore;
NOW, THEREFORE BE IT
RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York as follows:
Section 1. The establishment of a sewer district in the Town of Queensbury, Warren County, New
York to be known as the Hiland Park Sewer District to be bounded and described as hereinafter
set forth and the construction of a sewer district to serve said district including the installation
and construction of mains and all necessary appurtenances is hereby approved and authorized.
The method of financing the cost of said improvement shall be borne entirely by the owner of
the property to wit, Hiland Park Corporation.
Section 2. Said Sewer District shall be bounded and described as is set forth in Schedule "A" annexed
hereto and made a part hereof.
Section 3. This resolution is subject to a permissive referendum as provided by Section 209-e
of the Town Law.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
(Schedule A on file)
SUPERVISOR WALTER-Asked if the Board wished to take action on a resolution regarding Tax
Assessments... agreed to by the Town Board.
RESOLUTION TO AUTHOftIXE SETTLEMENT OF CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT
REVIEW CASES
RESOLUTION 399, Introduced by Mrs. Betty Monahan who moved its adoption, seconded by Mr.
Stephen Borgos:
WHEREAS, certain Article 7 Real Property Tax Assessments Review cases have been commenced
against the Town of Queensbury, and
WHEREAS, the Town Board has engaged the professional real estate appraisal services of Northeastern
Appraisal Associates to review and recommend appraisal values for the properties in litigation,
and
WHEREAS, pretrial conferences have been held before the Honorable J. Raymond Amyot, Supreme
Court Judge and settlement discussions have ensued,
NOW, THEREFORE BE IT
RESOLVED, that the following cases may be settled with respect to the 1987-88 assessment roll
as follows:
3-1-8 Brickman, Conrad & Ruth $500,000.
4-1-7 Seelye, Edward E. 200,000.
4-1-24 Merchant, Ruben & Violet
4-1-25 " 240,000.
5-1-30 Collier, James & Patricia 135,000
7-1-16.2 Lucarelli, Joseph& Jovan 192,000.
8-1-28 Tobin,Beverly 11,000.
10-1-11.2Klein, David & Jennifer 135,000.
12-1-13 Moore, Helen F. 200,000.
92
13-1-18 Evans, Robert 322,500.
13-3-21 Robertson, Hammond, Jr. & Joan 240,000.
18-1-20 Phillips, Robert & Donna 280,000.
18-1-21 Walker, William Jr. 345,000.
18-1-22 Walker, Betty L. 300,000.
4-1-29 Barber,Franklin 280,000.
8-1-5 Cipollo, Anna 290,000.
12-3-1-21Meyer, Richard & Jean
12-3-1.22 11 200,000.
4-1-29 Barber, Franklin 280,000.
8-1-5 Cipollo, Anna 290,000.
12-3-1-21 Meyer, Richard & Jean
12-3-1.22" 200,000.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
DISCUSSION HELD REGARDING ASSESSMENTS:
Town Counsel, Wilson Mathias-What the figures represent is the agreed upon assessment for the
current assessment role, what will happen is that the people will pay their Town and County tax
based on the agreed upon figure. The Town engaged the services of a real estate appraiser to
review the properties, the settlement figures are all between five and ten percent of the appraised
values set by the experts.
UNKNOWN-Questioned the Town Counsel of a reassessment of several years ago regarding statue
of limitations......
Town Counsel spoke to the individual regarding the reassessment...
COMMUNICATIONS
-Ltr. Department of Transportation-Speed Limit Request Potter Road-45 MPH Notice of Order
will be forthcoming...(on file)
-Ltr. Department of Transportation-acknowledge receipt of request for speed limit study of Blind
Rock Road.(on file)
-Petition-on file-Enclosed please find a petition signed by residents of Dixon Court requesting
establishment of No Parking Zone on the inside circle of Dixon Court. The purpose of this is to
discourage non-Court residents from using the Court as a parking lot during activities in Crandall
Park.
(turned over to Highway Supt. for his recommendation)
-Ltr. Queensbury Committee for Community Beautification-requesting strict conformance to
the sign ordinance...(on file)
-The West Mountain Resort DEIS was filed in the Town Clerk's Office on December 11, 1987...
COUNCILMAN BORGOS-I would like to go on record that I received mine last night...
DISCUSSION REGARDING WEST MOUNTAIN RESORT DEIS-Supervisor Walter- I have written
to Bill Kyzrs indicating that the copies for the Town Board and the Planning Board arrived on
December 21, 1987 and delivered to the Building & Grounds Supt. after office hours on Friday
the 18th. The maps came at a different time which was December 21st. I indicated to him that
we would take alook at it as of yesterday.
Councilman Montesi-We waited for the Planning Board to give us some indication conceptually
of what they thought of this project,I would like to address the application for a PUD. This runs
parallel with an application for the impact statement. A mountain is for everyone, its beauty
is not only viewed from the summit but also from its base looking upward at its majesty. The
development of the mountain is something that we the Town Board must view with caution and
concern, for it will have a visual impact for all of us. This is a statement that will not make me
very popular with the West Mountain Assoc. The proposed West Mountain Village project violates
Article 15 of the Queensbury Zoning Ord. as proposed it greatly exceeds the density in commercial
acreage limitations of the ordinance. I believe that the application should be rejected
.93
immediately for non-compliance of the Zoning Ordinance, what I am saying I am not interested
in looking at the DEIS, I am saying that the tripling of the density on,West Mountain is totally
out of character with what we have in our Zoning Ordinance, I do not want to consider the application
for this PUD. It was hoped by this Board Member that the Planning Board would review the PUD
application not ask for all of the information of the DEIS and say in essence to West Mountain
conceptually we do not agree with tripling the density and that would have been one indication
to the West Mountain Developers that we are unhappy with it, that has not happened and I as a
Board Member am making a stand to make them more aware.
Councilman Borgos-I have just received a copy of the DEIS but I had looked at one in the Town
Clerk's Office a few days ago...I agree with Mr. Montesi, I would not vote in favor of this...we
have discussed density and a number of other issues that have not changed following our discussions,
because these people are taxpayers and residents and citizens they are entitled to go through
the process, we did tell them up front we would not accept it the way it is I suppose if they want
-"� to go along with what they have submitted and let it come to vote I do not find it complete I would
not vote for it as a complete DEIS.
Councilman Montesi-What I am saying is the bigger picture, the legislative act of this Board, one
thing that we are charged with is to establish a PUD and what I am saying is that legislative act
is not in keeping with the Zoning Ordinance the way it states in terms of density. We can refuse
to accept that application, that is what my motion would be...
Councilman Kurosaka-I would like a chance to ready the DEIS before any decision is made...
Councilman Monahan-I agree with Ron, in this respect the density question has not been addressed
I do not want to use my time going through a large DEIS when the basic problem of density has
not been taken care of. I would reject it right now and say go back and do your homework...
Supervisor Walter-West Mountain Developers have asked the question do we rezone and then come
to the Town with a rezoning request in one step and then go for a PUD or ...is the rezoning of
the PUD in itself something that can change the density?
Town Counsel-I believe that the PUD Ordinance provides for within it a total rezoning whether
its for uses or density or what ever we do not have,a mixed zone that allows for single family
residences and jelly mills I do not know how a jelly mill computes into a single family residence.
How many single family residences equal one jelly mill one golf course one whatever. The whole
idea of a PUD is to allow for a mixture of uses in a particular area, it is in effect a rezoning of
that area. It seems to me to be unrealistic to have a situation where you would have a two step
approach i.e. rezone density and then B. adopt a PUD, again how do you relate density of a tennis
court of motel complex to single family residences? It has to be done in one ball of wax. What
Mr. Montesi is doing is really making the question of density, rezoning PUD mute, there is no
question that the creation of a PUD is a legislative action, you are the legislative body there is
nc such thing as an article 78 against a Town Board for failure to pass legislation or for failure
to adopt certain legislation.
Councilman Montesi-Is there some legal act to say that we are not going to address this application?
How do we stop the Clock?
Town Counsel-By resolution and let it be voted upon to let them see what the numbers will be.
Councilman Borgos-At this time they can witherawn or a vote...
Town Counsel-If the enc result is that you will not take action it certainly seems an unnecessary
use of time and money to go through this...
Councilman Montesi-There are probably enough votes on this Board to never accept the DEIS,
I think we have to tell these people up front the problem that we have...
Councilman Kurosaka-Requested that he be allowed the time to read the DEIS and by next Wednesday
he will have an opinion by then...
3 Councilman Monahan-We owe them the courtesy if we do not want higher density over there to
say gc back and do your homework don't waste your money and don't waste our time...
94 '
Supervisor Walter-I would like to ask the Council to research what kind of action that would be
necessary for the Board to take to get this point across.
-Ltr. presented to Supervisor-resignation of Mr. The mas Martin from the Planning Board...
we do have a vacancy and perhaps that can be filled at your organ;ttional meeting...
Councilman Borgos-We should accept that with sincere regret and commend Mr. Martin for his
many years of service both on the Planning Board and also the Recreation Commission.
Supervisor Walter-We will do that.
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 400, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded �•
by Mr. Ronald Montesi:
RESOLVED, that Audit of Bills as appears on the December Abstract and numbered 4107 through
4111 and totaling $58,439.48 be and hereby is approved.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: None
RESOLUTION TO MOVE INTO EXECUTIVE SESSION
RESOLUTION NO. 401, Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George
Kurosaka:
RESOLVED, that the Town Board moves into executive session to discuss possible litigation.
Duly adopted by the following vote:
i
Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
-Mr. Greg Moran on behalf of the Glens Falls Post Star voiced his objection to the executive session...
Meeting brought back into session...
Supervisor Walter-No decisions were made in regard to the possible litigation..
On motion the meeting was adjourned.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUBENSBURY