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