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1987-06-09 TOWN BOARD MEETING JUNE 9, 1987 7:30 P.M. TOWN BOARD MEMBERS George Kurosaka - Councilman Stephen Borgos - Councilman Ronald Montesi - Councilman Betty Monahan - Councilman Frances Walter - Supervisor Wilson Mathias - Town Counsel PRESS - WWSC, Glens Falls Post Star 7:35 P.M. PUBLIC HEARING NOTICE SHOWN SUPERVISOR WALTER-Stated that the first order of business is a Public Hearing regarding a land exchange between the Town and the Glens Falls Real Estate Company. The town had purchased a piece of property to locate the pump station and while doing design work, Kestner Engineers indicated that this other lot would be much better for the purposes of the pump station, they negotiated with the Glens Falls Real Estate Company to move the pump station on it, if the Town Board approves. Asked for public input hearing none the public hearing was closed. 7:40 P.M. HEARING:Toomey's Property SUPERVISOR WALTER-Noted that after speaking with our Attorney...upon further research he suggested that we have another resolution relative to that hearing... referred to Town Counsel. TOWN COUNSEL-After taking a further look at the requirements of our Local Law regarding unsafe structures, also after further research of the actual ownership of the property...in order to comply with the provisions of the Local Law, a new resolution should be adopted and a notice served upon the current owners of the property...then set a hearing for the first July meeting in which to allow the owners to present their side of things. It further provides them the time our Local Law requires to fence and secure the property and remove it. The primary concern here is that the Local Law authorizes the Town to do the work itself, if it isn't done, impose a lien on the real property and that type of procedure is taking a hard look at the course and we should give the real owners ample time to receive notice of what the violation is and have the opportunity to correct it. OPEN FORUM 7:43 P.M. ARTHUR YANNOTTI, CENTENNIAL DRIVE-Regarding the Round Pond referendum controversy...I would like to ask the Town Board to reconsider their opposition to the referendum. All you have to do is look around and see the green areas going, and all we hear is how the developments are going to bring money into the town...sure everybody is making a lot of money but we need to look a little farther than that and think about what kind of community we are creating here. I don't know why you are afraid of letting the people vote on this issue, I would like to see the people's input. CHARLIE ADAMSON-Lake George, Noted that he had attended one or two sessions of planning on Hiland park, and one was sewering, septic problems and the talk of connecting with Glens Falls, or clustering systems...wondered if the Board would consider a suggestion of looking carefully into using the Glens Falls Sewer system solution as an ulterior motive. If that could be used and the sewer system brought as far north as Hiland Park goes, which is close to Sunnyside Road...bringing a sewer line within six, or even five miles of Northern Queensbury, it might be a less expensive and more satisfactory Iss solution to run a pipe down what is basically a level Bay Road or level Ridge Road area, then to construct a processing plant in accordance with the Environmental Impact Statement of three and one half years ago. SUPERVISOR WALTER-Responded to Mr. Adamson that the Town of Qlueensbury has made a decision to go to the Glens Falls Treatment Plant with its first sewer district to also utilize the plant. We are currently talking to the City of Glens Falls about going into the plant with additional affluent on a daily basis. The additional capacity could be acquired through the Ciba Geigy Plant and until Ciba Geigy, who is on a contractual agreement with the Glens Falls Treatment Plant relinquishes any of their capacity, because they are in a legal document, there is no more capacity at the plant. We have discussed what it would be to expand the plant. MR. ADAMSON-It is modular, I understand. SUPERVISOR WALTER-Yes, and hopefully we can buy some capacity without the additional expense of expanding the plant first off and our primary responsibilities are to the developments such as Hiland or Earltown or additional developments up the Bay Road and also Route 9 where we have made gentlemanly agreements with people that they would be included in the first district extension. MR. ADAMSON-I hope there would be some solid commitment to Glen Lake and Sunnyside to. SUPERVISOR WALTER-We have not gotten that far up the Bay Road yet, but in answer to your question, we have had our engineers speaking with both the city and with Ciba Geigy officials indicating what kind of projections they have for the kind of capacity we need. COUNCILMAN MONTESI-Stated that one of the things we talked with Hiland about was the need for and the cost of that sewering to be borne by the developers and not something the general taxpayers of that district...so if the developer is bearing the cost of the sewering project he is going to size the pipes accordingly to handle his total project and any potential growth. Noted that the size pipes used for developments was considerably smaller than what would be needed to include Lake George etc. MR. ADAMSON-It is a lot cheaper to put in an eighteen inch pipe now then to dig d it up again. COUNCILMAN MONTESI-Our biggest problem is getting the capacity for a processing plant...bearing the cost from the lake to the Glens Falls Treatment Plant. COUNCILMAN BORGOS-I have been doing some independent research for the last couple of weeks including looking at the original proposed Warren County Sewer operation and in thinking along the lines you have pointed out already; it might also be time to extend our Town Water Supply all the way to the lake perhaps at the same time we are digging for sewer, dig for water line. MR. ADAMSON-You mentioned the Warren County Sewer...there was money available at that time, Federal and State, there was a new clear water act that was passed, does anybody know whether any of that will be available to New York? COUNCILMAN BORGOS-I have asked some people to check to see what money is available if any, so that is underway. COUNCILMAN MONAHAN-Referring the Mr. Yannotti's comments on the referendum...said the Town Board was not answering him because it is in a law suit right now and it is not proper for them to comment. We all agree about the open space. MR. YANNOTTI-Asked why an answer couldn't be given just because its in litigations? _ i TOWN COUNSEL-There is a very clear legal question before Judge Mercure and now I is going to the Appellate Divisions. There has been ample press on both sides. Those --- documents are a matter of public record and anyone wanting to see what the Town's position was and also what the people supporting the referendum's position were can. The system provides for appeals that determinations by a higher court and that is what is happening. COUNCILMAN KUROSAKA-Stated he thought the public has misconceptions about the referendum...the Board voted to appeal the Judges decision that there was no cause to drop the suit, some of us are not in opposition to referendum. S9 COUNCILMAN MONAHAN-In regard to the open space question...that was one reason why we imposed the green fee on the developers or land in lieu of. Unfortunately we are not going to keep all the green space we have...we have acquired probably a 150 acres of park land. SUPERVISOR WALTER-Because I have heard the Town Board being taken to task relative to the development occurring in the Town of Oiueensbury...You should be stating your remarks to the Planning Board, because the Planning Board is a group that has a great deal of authority in these matters. They are the ones' who are approving subdivisions. Before the Town Board stated that they supported a moratorium, the Planning Board was handling a number of subdivisions and the Town Board has indicated to them that there were some projects that shouldn't be going ahead and perhaps some of them, they shouldn't have approved. A lot of these comments regarding development in the Town of Queensbury should be heard by the Planning Board and you should address by letter to Mr. Roberts, or appear in front of the Planning Board at a Public Hearing, because they are the group who approve the building in the Town of Rueensbury. Once those subdivisions are approved, our Building Department gives out a building permit on all of those lots that they have approved, it is not this group that approves them We are doing our best in having a moratorium, taking a look at the master plan and taking a look at the density in the town to see what we can do to develop it either properly or in an orderly manner. MR. YANNOTTI-This Board appoints the Planning Board. SUPERVISOR WALTER-Thats right but we do not make the decisions and when we interview people...and years ago in 1973 when I was first interested in being a member on the Town Board there were eleven other candidates whom I was in the race against. This year we have the republicans with a slate and that's about all, there doesn't seem to be too many people who are interested in running for office. The Town Board finds the same thing, we have to take public ads classified ads to try to find people to fill positions on the various boards...there is a great deal of apathy for sitting on any of the boards. There is a lot of time spent in meetings from 7:30 p.m. at night till 1:00 a.m. in the morning. I would encourage people to want to sit on these boards who have ideas like you have. COUNCILMAN MONTESI- Stated that last summer the city was inventorying its watershed property and we, as the Town Board acted very expediently in saying you may want to sell some of that property but we may want to rezone it. Noted that the someday the city will handle all the sewage and the town will handle all the water...the four thousand acres not the one hundred ten acres of watershed property that the city owns, the whole northwest corner of our town, might be a passive recreation area someday. That is something that does not happen over night, as Mrs. Monahan pointed out it isn't easy to put a recreational fee on the developers but we did it and we are agressively looking to buy land for future parks. We now have experts through the Planning Board to review drainage, septic, all of things that have caused us problems. Stated that we did $17 million dollars worth of building permits through this May, last year we did $10 million dollars...I have some real concerns about that. Noted that the town now has a moratorium...now we are busy trying to figure out how to improve the ordinances, the subdivisions regs' etc. COUNCILMAN MONAHAN-Noted that the problem of over developing in the Town of Rueensbury has been addressed a little late...the tax situation, services, schools and etc. OPEN FORUM CLOSED:8:10 P.M. RESOLUTIONS RESOLUTIONS TO APPROVE MINUTES RESOLUTIONS NO. 163, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board Minutes of May 26, 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 V90 Absent: None RESOLUTIONS SETTING PUBLIC HEARING ON A LOCAL LAW REGARDING NO PARKING ZONE ON ROCKHURST ROAD RESOLUTION NO.164, Introduced by Mr. Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, residents of Rockhurst Road have requested a no-parking zone in that area, and WHEREAS, the Town Board of the Town of Queensbury deems this worthy of consideration for legislative action, NOW, THEREFORE BE IT 1 RESOLVED, that a public hearing will be held concerning the proposed No-Parking -- zone on Rockhurst Road and that said public hearing be held at 7:30P.M. in the Meeting Room of the Town of Queensbury Office Building, Bay and Haviland Roads, Queensbury, New York on the 23rd. day of June 1987 at which time all persons will be heard both in favor of and opposed to said Local Law, 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 NUMBER NO PARKING ZONE ON ROCKHURST ROAD SECTION 1. For the purpose of this Local Law the word "vehicle", "park" and "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as provided for in Section 3 hereof, no vehicle shall be parked or left standing on that portion of the Town Road called Rockhurst Road from Cleverdale Road for a distance of 1073 feet east-northeast in the Town of Queensbury, Warren County, New York SECTION 3. Any person violating any provision of Section 2 or Section 3 of this Local Law shall upon conviction be punishable for a first offense by a fine not to exceed $25.00 and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this Local Law. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION TO UNTABLE RESOLUTION 123 ADOPTING SPECIFICATIONS FOR TOWN ROADS. RESOLUTION NO. 165, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. George Kurosaka RESOLVED that Resolution No. 123 of 1987, Adopting Specfications for Town Roads be and hereby is brought back onto the floor. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION ' ADOPTING SPECIFICATIONS FOR TOWN ROADS. RESOLUTION NO. 123, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Ronald Montesi WHEREAS, Article IV of the Town Queensbury Subdivision Regulations provides that all required improvements, including streets and roads, within a subdivision shall be constructed in accordance with Town specifications, and WHEREAS, the Town Highwav SunPrintenripnt has recommended that certain changes be made in the requirements and/or specifications for roads to be offered for dedication to the Town of Queensbury. NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby adopts the annexed standards and/or specifications for construction of roads offered for dedication to the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi Noes: Mr. Borgos, Mrs. Monahan, Mrs. Walter Absent: None DEFEATED DISCUSSION BEFORE VOTE COUNCILMAN MONTESI-Noted the reason for this change is that five or six years ago we asked the developers to pave the roads according to town standards which at that time was penetration...Mr. Naylor presently found those roads do not hold up and the standards are being changed. We are looking for a 28' wide road, 24 foot paved, 2 feet on each side will have somewhat of a lip, the other interesting concept here is, the road will hold the water through pipes and catch basins, in the past we have forced the water off the road into side culverts. Noted that in the past after the developers put the roads in with the culverts, the homeowners then put their driveways over those culverts then we have ponds in front of each persons house. We feel the better approach to the problem is to put the pipes under the ground. Noted that the 28 foot wide might be too wide but the Planning Board agreed to these standards. COUNCILMAN KUROSAKA-Noted another advantage with the 28 foot wide road we wouldn't be running into the no-parking zones as frequently as we do with the 16 and 18 foot roads that we have presently in the Town. COUNCILMAN BORGOS-In looking at the proposed changes, noted that he liked the cross section on the road, but did not like the swale on the side for this climate. I think it is super to collect the water and put it where you want it, but it is going to freeze here when the temperature drops below 32 and is going to create a lot of ice problems...in the spring when the run-off comes it is going to take all the sand from the road and put it in the culvert pipes, filling up the drainage systems and somebody is going to have to clean it out. Questioned how the wing men on the plow was going to plow the dip and straight away at the same time unless you design new wings that are going to fit there. Said he did agree with the cross section, believes that the roads will last longer but did not like the mandated swales on the side and for that reason I would vote against it. SUPERVISOR WALTER-Agreed with Mr. Borgos, that she did not like the plan and had talked with several engineers both in and out of Queensbury and they have indicated that this particular design will be in some cases more of problem to the town then not. It is a minimum standard for the town and although I might like to see this on 50 or 60 percent of the roads, there are some areas that would not need this kind of standard and where we could do without it. We by adopting this standard are going to require it on every road in the town, that's where I have a problem with it. COUNCILMAN MONTESI-The Planning Board has indicated to us that one of the critical points is that when this is adopted there will be no grandfathering...the next road you accept has to be accepted at this level. COUNCILMAN BORGOS-Wanted it noted that one developer had been told he would grandfathered at the last meeting. PAUL NAYLOR-Six years ago I wrote the specs...20 foot black top, five foot gravel 1.92 shoulders, swales down the side...Said he is the one ending up in the court room when water goes into somebody's cellar...So in six years the one thing you try to do is stop problems and the side hill stops the problem...carries the water in the road where it should be, we control it where we should. Nobody can build a driveway and block the drainage. COUNCILMAN MONAHAN-Asked Paul to answer the question of gravel & sand going down and cleaning up this and also collecting water. PAUL NAYLOR-We are cutting down on the sand, we are now using calcium chloride system but can't stop the use of sand and it is going to go into the CB just like it has over the years and we keep sucking it out but its better than in somebody's cellar. , i SUPERVISOR WALTER-Again said that maybe this could be done on 60% of the roads —� but to say to every developer in every situation no matter what the drainage is that this is what they are going to do, I honestly don't think it should be a minimum. Drainage in each area should be handled different. Asked Paul if he had some fiscal impact on the Highway Department for maintenances? PAUL NAYLOR-Maintenance will be less then what we do now. SUPERVISOR WALTER-How could that be that its going to be less than now, because what you are designing is a drainage system and it has to drain somewhere. Asked if he were going to have one big catch basin? COUNCILMAN MONTESI-Said that any new development coming in would go by this new standard. If a developer cannot build the road according to these specifications then he is going to have to come in and ask for an exception. SUPERVISOR WALTER-There are no exceptions to the laws. COUNCILMAN KUROSAKA-Said the developer has to show where they are going to be draining and this is where the drainage plant comes in. COUNCILMAN MONTESI-We did say we would not impose this on any developer with final approval. RESOLUTION TO AMEND RESOLUTION NO. 20 OF 1987 RESOLUTION NO.166, Introduced b Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, Resolution No. 20 of 1987 set an hourly rate of $5.00 for a Court Attendant, and WHEREAS, the minimum pay rate for a non-seasonal job exceeds that amount, NOW, THEREFORE BE IT RESOLVED, that Resolution No. 20 of 1987 be amended to read: Court Attendant $5.83/hr. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TERMINATE CONTRACTUAL AGREEMENT i RESOLUTION NO. 167, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos WHEREAS, The Highway Superintendent, Paul Naylor, has notified the Town Board that due to the increased road inventory in the Town of Rueensbury he is unable to maintain County roads in addition to Town roads in a timely manner, NOW, THEREFORE BE IT RESOLVED, that the Town Board by adoption of this Resolution agrees to notify the County of Warren that the Town of Queensbury does not wish to continue its contract with the County for the winter ice/snow maintenance of heretofore designated County roads in the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION AUTHORIZING WATER SERVICE CONNECTION IN EXCHANGE FOR RELEASE OF INCORPOREAL HEREDITAMENT RESOLUTION NO. 168, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka WHEREAS, the Town of Queensbury has heretofore purchased property from the City of Glens Falls for the purpose of relocating a portion of Dixon Road, a Town Road, and WHEREAS, the consideration for the acquisition of such property was the assumption by the Town of certain contractual obligations incurred by the City of Glens Falls, which obligations are described in a deed recorded January 4, 1937 in Book 203 at Page 568, and WHEREAS, Thomas J. & June W. Burke, the beneficiaries of such contractual obligations have agreed to release the Town of Queensbury from providing free water service to November 15, 2006 in exchange for the purchase and installation of a water tap and line for domestic water use from the Town Water Main to their house at 140 Dixon Road to be provided by the Town at an estimated cost of $400.00, and WHEREAS, a savings of tax dollars will be effected if the exchange described herein is completed, and WHEREAS, a release of contractual obligations has been prepared, a copy of which is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the purchase of all necessary materials and the installation of a water tap and water line to provide domestic water service to 140 Dixion Road in the Town of Queensbury in exchange for the release of incorporeal hereditament executed by Thomas J. Burke and Jim W. Burke, and it is further RESOLVED, that the Town Clerk shall cause such release to be recorded in the Warren County Clerk's Office. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None (Release on file) RESOLUTION APPROVING LETTER OF INTENT MUNICIPAL COOPERATION INDUSTRIAL DEVELOPMENT RESOLUTION NO. 169, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka WHEREAS, the Town Board of the Town of Queensbury recognizes the need for industrial development in order to provide jobs for residents and to broaden the real property tax base, and WHEREAS, the Town of Queensbury has heretofore contracted with the Queensbury 1.34 Economic Development Corporation to encourage and assist high technology light industries to locate within the Town, and WHEREAS, the aforesaid EDC is in the process of constructing the infrastructure at the Queensbury Technical Park off Dix Avenue, adjacent to the City of Glens Falls Industrial Park, and WHEREAS, the Town Board acknowledges the need to cooperate with the City of Glens Falls in order to effectuate the goals of industrial development expansion for the benefit of the residents of both municipalities, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Supervisor to execute the annexed letter of intent with respect to mutual cooperation -- between the City of Glens Falls and the Town of Queensbury for industrial development at the Queensbury technical Park, and be it further RESOLVED, that the Town Board hereby ratifies, confirms and approves the said letter of intent for inter-municipal cooperation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-Said we do have a gentlemen's agreement with the City that they will be providing the sewer service to the Town of Queensbury and it was indicated that the town would provide water to the park. RESOLUTION TO AUTHORIZE TOWN JUSTICE TO PRESIDE IN TOWN OF CHESTER COURT RESOLUTION NO.170, Introduced by Mr. Ste_phen Borgos, who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, J. David Little has been assigned to hear a matter in the Town of Chester Court and , WHEREAS, the Town of Chester has requested approval of the Town of Queensbury. to permit a Queensbury Justice to travel to another Town Court, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board has no objection to this request and approves Justice Little's leaving this municipality to hear a matter in the Chester Town Court. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION IN THE MATTER OF THE TECHNICAL PARK SEWER DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK, PURSUANT TO ARTICLE 12-A OF THE TOWN LAW. RESOLUTION NO.171, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi WHEREAS, a map, plan and report regarding the establishment of a proposed sewer district extension southerly of Dix Avenue in the Town of Queensbury have been prepared in a manner and detail as determined by the Town Board of the Town of Queensbury to be in accordance with the provisions of Article 21-A of the Town law, and L�35 WHEREAS, such map, plan and report have been filed in the Town Clerk's Office in the Town, and WHEREAS, the map, plan and report were prepared by the LA Partnership of Saratoga Springs, New York, and bear the stamp of a New York Licensed professional engineer showing the boundaries of the proposed district and a general plan of the sewer system and a report of the proposed method of operation, and all other specifications required by Section 209-C of the Town Law, and WHEREAS, the boundaries of the proposed Technical Park Sewer District are as follows: See Attached Schedule A, and WHEREAS, the improvements proposed consist of the installation and construction of pipes, valves and appurtenances for the collection of wastewater in said district extension, and WHEREAS, the proposed method of financing the cost of the improvement shall be borne entirely by the owner of the property to with: The Queensbury economic Development Corporation, and WHEREAS, no town funds shall be expended for the improvement, and WHEREAS, the map, plan and the report describing the improvements are on file in the Town Clerk's Office for public inspection. Now, on motion of Mrs. Betty Monahan and seconded by Mr. Ronald Montesi it is hereby ORDERED, that a meeting of the said Town of Queensbury shall be held at the Town Office Building situated at Bay and Haviland Roads in the Town, on the 23rd day of June, 1987 at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to establish said Sewer District with the improvements specified therefore and to consider the map, plan and report, and to hear all persons interested in the subject thereof concerning the same and to take action as may be required and authorized by law and it is further ORDERED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish a copy of this order in the official newspaper of the Town of Queensbury and to post a copy of the same on the signboard of the Town of Queensbury in the time and manner required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SCHEDULE "A" All that piece of unimproved land located in the Town of Queensbury, Warren County, New York, and described as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren, and the State of New York, more particularly bounded and described as follows: BEGINNING at an iron rod set in the ground in the northerly bounds of the lands owned by Niagara Mohawk Power Corporation as a transmission line where the easterly corporation line of the City of Glens Falls intersects ; running thence north 07 degrees and 29 a minutes East along the city corporation line, a distance of 1450.77 feet to the southerly bounds of the lands leased by Normandy T.V. Cable Company; thence running South 82 degrees and 31 minutes East along said southerly bounds, a distance of 201.65 feet to the southeast corner of said leased lot; thence running North 07 degrees and 20 minutes East along the easterly bounds thereof, a distance of 310.03 feet to the southerly bounds of Dix Avenue; thence running South 64 degrees, 24 minutes and 42 seconds East along the southerly bounds of Dix Avenue, a distance of 1207.91 feet to a fence post for a corner at the northwest corner of the lands of P.A. Sullivan Estate; thence running South 08 degrees, 35 minutes and 28 seconds West along said P.A. Sullivan Estate, a distance of 821.94 feet to an iron rod set in the northerly bounds of the lands of Niagara Mohawk Power Corporation; thence running southwesterly along the bounds of said Power Corporation the following four courses and distances. 4_9s (1) South 74 degrees, 34 minutes and 33 seconds West, a distance of 1011.74 feet to an iron rod set in the ground for a corner; (2) North 85 degrees, 21 minutes and 27 seconds West, a distance of 42.75 feet to an iron rod set in the ground for a corner; (3) South 07 degrees, 28 minutes and 33 seconds West, a distance of 151.92 feet to an iron rod set in the ground for a corner; (4) South 74 degrees, 34 minutes and 33 seconds West, a distance of 389.97 feet to the point and place of beginning, containing 39.185 acres of land, be the same more or less. SUPERVISOR WALTER-Said that in her conversations with the Mayor that it was not to be included with the capacity that we purchased for Quaker Road Sewer District i and they are now looking into establishing additional extensions where we are trying 11 to buy some capacity and the City indicated that they would treat it separately. RESOLUTION SETTING HEARING ON UNSAFE STRUCTURE RESOLUTION NO. 172, Introduced by A4,'Ronald Montesi who moved for its adoption seconded by Mr. Stephen Borgos WHEREAS, the Town Board of the Town of Queensbury has enacted a local law providing for the repair or removal of unsafe buildings and collapsed structures, and WHEREAS, the Building Department of the Town of Queensbury has notified Howard and Barbara Toomey of the need to secure and remove the debris from the property known as the Sunnyside Pavilion, and WHEREAS, the Building Inspector has reported to the Town Board that the premises owned by the Toomeys known as 54-3-20 on the Tax Map and situate on Sunnyside Road in the Town of Queensbury is unsafe to the general public, and WHEREAS, a notice pursuant to local law 3 of 1983 has been prepared, a copy of which is annexed hereto and made a part hereof, NOW, THEREFORE, BE IT RESOLVED, that the Town Board authorized the service of such notice and filing the same in the Warren County Clerk's Office and be it further resolved that a hearing on said unsafe structure is hereby set for 7:30 P.M. on July 14, 1987 at the Town Hall, Bay and Haviland Roads, Queensbury New York. AND BE IT FURTHER RESOLVED, that any previous resolution inconsistent herewith is hereby rescinded. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Abstain: Mrs. Monahan Noes: None Absent: None SUPERVISOR WALTER-Stated that a notice would be going out to the Toomeys'. RESOLUTION TO APPROVE EXCHANGE OF REAL PROPERTY FOR QUAKER ROAD SEWER DISTRICT PUMP STATION RESOLUTION NO. 173, Introduced by Mr. Ronald Montesi who moved for its adoption,secondea-- by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury held a public hearing on June 9th at 7:30 P.M. at the Queensbury Town Office Building regarding the exchange of property owned by the Town of Queensbury 59-1-7 and 59-2-9 for the lot known as 59-2-16 owned by the Glens Falls Real Estate Company Inc. to be used for a pumping station for the Quaker Road Sewer District, and WHEREAS, at said public hearing all persons interested in the subject thereof were heard, . 'OW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby exchanges the parcels referred to on the Queensbury Tax Maps as 59-1-7 and 59-2-9 for property owned by the Glens Falls Real Estate Company Inc. known as 59-2-16 on the tax maps. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None I SUPERVISOR WALTER-I would like to call the Town Board's attention to a situation that has arisen...we have passed a Local Law 1, and Local Law 5, in 1987 and in section 4 of each Local Law, pertaining to the fact that we were allowing individuals to issue summonses for parking in restricted areas. In developing the traffic summonses I designed a ticket and brought it to both of the judges and also to our attorney for their input before going to the printer...the conversation with our local judges was that they would feel more comfortable if the individuals were not named and at this point referred to Town Counsel. TOWN COUNSEL-There is valid legal objection to the Local Law we established in terms of impermissible delegation of the authority to serve these citations which in effect are criminal sentences. My office determined that it was permissible to have certain authorized officers appointed by the Town of Queensbury to serve these types of violation notices by changing the Local Law to provide services made by authorized officers or employees of the Town of Queensbury that meets any kind of technical legal objections to the person actually serving those summonses, thereafter once this Local Law is adopted and amended...the Town Board could appoint certain individuals as authorized officers for the purpose of serving these citations...those persons being the certain persons specifically at the malls. We addressed the question made by the Local Law proposed to be amended to withstand anybody's challenge to it on any type of constitutional grounds. COUNCILMAN BORGOS-Stated that one of the reasons for specifically appointing employees of the mall is that they would be employees doing this in the normal course of work...if they become officers of the town, even though they are working for someone else at that time they are technically our representatives...in which case we might be exposed to some liabilities that may or may not be covered by insurance or even workers compensation insurance. TOWN COUNSEL-Said they either wipe out the Local Law and rescind the whole thing because the judges have indicated that the summonses by those particular people will not result in any type of fine or anything else being imposed... COUNCILMAN BORGOS-Said that they would become technically employees of the town... TOWN COUNSEL-They would not be employees they would officers. COUNCILMAN BORGOS-But I think under the workers compensation provisions they would have to be covered by our insurance, if they slipped on the ice, fell under a car or hit by door etc. and that has happened. SUPERVISOR WALTER- Counsel has indicted the tickets are going to be thrown out in the courts by our local judges...they are saying to us they cannot honor the local laws the way they are written. COUNCILMAN BORGOS-Rather than throw this all out tonight can we check on the insurance side of it...this is a major question in my mind. SUPERVISOR WALTER-We are waiting for the tickets to come from the print shop so we have time to look into this and get some indication on how to send this in by mail so the court room won't be coded with people for the first couple of months. COMMUNICATION: BID OPENING-CONTRACT NO.3 - QUAKER AND RIDGE ROAD SANITARY SEWER BIDDER AMOUNT OF TOTAL BID B.B. or C.C. 198 Anjo Construction Ltd. Non-Col. - Att. P. O. Box 244 Latham, NY 12110 B. B. 5% $1,013,487.50 John DiGiulio, Inc. Non-Col. - Att. 60 Delaware Ave. Albany, N.Y. 12202 B.B. 5% $1,309,805.00 Joseph R. Wunderlich,Inc. Non-Col. - Att. P.O. Box 245 Latham, N.Y. 12110 B.B.Traverlers Ins $ 827,795.50 Memphis Construction Non-Col. - Att. Kestner Road Memphis, N. Y. 13112 $1,169,965.00 Schultz Construction Inc. Non-Col. - Att. Pine Crest Eleven Ind.Pk. P.O. Box 417, Round Lake Rd. Round Lake, N. Y. 12151 B.B. 59:0 $957,000.00 Actual bids on file Ltr. Kestner Engineers, P.C. Consulting Engineers - on file RESOLUTION TO ACCEPT BID RESOLUTION NO.174 , Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka WHEREAS, Quentin T. Kestner, P.E., of Kestner Engineers did recommend that we advertise for bids for Contract 3-Quaker and Ridge Roads sanitary sewers and WHEREAS, five bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher and WHEREAS, Mr. Kestner, has recommended the bid be awarded to Joseph R. Wunderlich, Inc. of Latham, New York, NOW, THEREFORE BE IT — RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Joseph R. Wunderlich Inc. of Latham, New York in the amount of $827,795.50 and be it further RESOLVED, that the financing for such work will be financed through bonds. Duly adopted by the following vote: i Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs! Walter Noes: None Absent: None BID-FUEL OIL - Opened June 9, 1987 2:00 P.M. Town of Queensbury Mabb Oil Company, P. O. Box 63, Hudson Falls, New York 12839 LOCATION ESTIMATED QUANITY PRICE PER GALLON Water Dept. 6,000 gals usage heating Maintenance Bldg. 1,000 gals usage Heating .6340 1 Pine View Cemetery 1,200 gals usage heating .6440 ! Town Office Bldg.** 4,500 gals usage heating 1,000 gals storage heating .6340 Water Dept. 25,000 gals usage heating Filtration Plant 3,000 gals storage heating .6290 Court-Highway Bldg. 34,000 gals usage Diesel 10,000 gals storage heating .6090 (Trailer delivery) 5,000 gals usage heating 3,500 gals storage heating .6290 Rueensbury/G.F. Landfill 16,000 gals usage diesel 275 gas storage diesel .7490 -J 1,400 gas kerosene usage 275 gals kerosene storage .9690 *Activity Center Usage unknown 1,000 gas storage heating .6340 *Activity Center under construction:at the site of the Rueensbury Town Office Building. **Usage will be higher due to new addition to the main office building. DISCUSSION COUNCILMAN BORGOS-Asked if this was a set price for the full year as in the past it has been indicated that it would fluctuate up and down? TOWN CLERK-Yes, its fluctuates and they are to notify us if there is a change. COUNCILMAN MONTESI-Asked if this was unusual to get one fuel bid. TOWN CLERK-Yes, there are a couple of other bidders who normally bid every year but when I talked with them, they had not seen the bid opening in the paper. COUNCILMAN MONTESI-Noted that the oil bid comes out the same time every year and interested bidders should have been aware of it. RESOLUTION TO ACCEPT BIDS RESOLUTION NO. 175, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka WHEREAS, the Town Board of the Town of Rueensbury did request that we advertise for bids for fuel oil, 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, one bid was turned over to Mr. A. Peter Brault, Building and Grounds Supt. for his recommendation, and WHEREAS, Mr. Brault gave his recommendation as follows: Mabb Oil Company P.O. Box 63 Hudson Falls, N.Y. 12839 Water Dept. .6340 Maintenance Bldg. .6340 Pine View Cemetery .6440 Town Office Bldg. .6340 Water Dept. .6290 Filtration Plant .6290 Court-Highway Bldg. .6090 (Trailer Delivery) Rueensbury/G.F. Landfill .7490 Diesel Rueensbury/G.F. Landfill .9690 Kerosene Activity Center .6340 NOW,THEREFORE BE IT RESOLVED, that the Town Board of Rueensbury hereby accepts the recommendation of Mr. Brault as mentioned above and be it further 2[;0 ' RESOLVED, that the financing for such materials is included in the 1987 Town Budget Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None BID OPENING - NEW OR USED WHEEL LOADER - JUNE 9, 1987 - 2:00 P.M. NAME-ADDRESS AMOUNTS OF BID 1. Southworth Machinery, Inc. -- Harts Lane, Albany, NY 12204 2. L & H Inc., Const. Equip. 423 Old Loudon Road., Latham, N.Y. 12110 3. Schroon Lake Tractors Inc. $29,810.00 Schroon Lake, N.Y. 12870 4. State Equipment $49,000.00 912 Albany Shaker Rd., Latham, N.Y. 12110 $33,700.00 (Less trade-in $15,300.00 5. Philip Ryan West mountain Equip. Glens Falls, N.Y. 12801 All Bids were submitted with non-col. certificates...actual bids on file. DISCUSSION:Bids will not be awarded this evening pending further input from Mr. Thomas Flaherty, Water Superintendent. SEAR NEGATIVE DECLARATION Notice received from the City of Glens Falls Water Board on file. SUPERVISOR WALTER-Noted that we have not responded to the Negative Declaration but have sent a letter to Mayor O'Keefe as Chairman of the Water Board indicating that the Town of Queensbury is in a moratorium now and that during that time we will be revising our zoning map and ordinance and that they should alert any purchasers of that property, the reason why they have declared a negative declaration...that is what possible action the Town of Rueensbury should be taking. Said this letter went out about a week ago and this should be public knowledge that we are looking at different zoning classifications all over town and that certainly if a prime candidate to be rezoned. COUNCILMAN MONTESI-Asked when this property was going out for bid? SUPERVISOR WALTER-They said May or June. COUNCILMAN BORGOS-Suggested the Town have a joint meeting with the City. Ltr. - State of New York Department of Transportation regarding speed limit on Bay Road - on file. i DISCUSSION: COUNCILMAN BORGOS-I disagree with their response, we are in a high hazardous situation, the most difficult intersection, the most accident related intersection in the town. COUNCILMAN MONTESI-Asked how this could be addressed? COUNCILMAN BORGOS-Said he thought the Highway Superintendent and a few other 2(jl people should get together...I think he could persuade them. TOWN CLERK-Read from the letter that most motorists perceive 50-55 MPH to be the most appropriate speed limit based on the geometrics of the highway. In conclusion a lower speed limit would not be obeyed by the majority of the motorists. COUNCILMAN KUROSAKA-Stated that he did not understand the conclusion of it...that is no reason for not putting a speed limit on a road because people won't obey it . SUPERVISOR WALTER-Said she would write back saying the Board wanted them to reassess the situation? Ltr - Residents and home owners of the Miller Hill area regarding...Mr. Buckingham's property on Lawton Road...on file DISCUSSION: Supervisor Walter said she had talked with the Fire Marshall about the property and also the Code Enforcement and there may be a violation or so however, many other things that are listed in the petition are in compliance with the law. Noted that it is a split zone, part commercial and part not. COUNCILMAN MONTESI-Stated that part of the business on Lawton Road is grandfathered...the section he just bought between Apple Annies and North Country Radiator, came in and applied for a variance and was refused by the Zoning Board of Appeals. He also has to maintain a fifty foot buffer from the residential zone and we can make sure he abides by this but beyond that I am not sure what else our Code Enforcement can do. SUPERVISOR WALTER-Stated that she had asked for a written report addressing each of the issues. Ltr. - State of New York Department of Transportation , Re: West Mountain Village, Inc. PUD...on file. Ltr. - Office of the State Comptroller, Re: acknowledgment of the establishment of Peggy Ann Road Water District...on file. SUPERVISOR WALTER-The EIS has been delivered to the Town Board regarding Hiland Park, and immediately turned over to our reviewers, Environmental Design and we are waiting to hear from them. COUNCILMAN BORGOS-Noted that George Proper our consultant, from Propers Fire Assoc. was in town all of last week, surveyed the town, talked with representative of all the fire departments in the town, will hopefull by the end of this month submit to the town a written fire employment analysis, indicating what the coverage of the town is right now in terms of modern standards and his recommendations for the next twenty years. At some point when this is complete I would like to talk with Mr. Proper about looking into our emergency services. REPORTS: Town Clerk and Building & Code Enforcement Reports for May, 1987 on file. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 176, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Kurosaka. RESOLVED, that Audit of Bills as appears on Abstract and numbered 1385 - 2220 and totaling $503,608,14 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION: COUNCILMAN MONTESI-Noted that when the voting machines were transported to the school we have been doing it and the cost has been borne by the town, suggested that the machines be let out to the schools but have them come and pick them up and bring them back. THE TOWN BOARD AGREED. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 177, 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 litigations. 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 REPECTFULLY SUBMITTED DARLEEN DOUGHER TOWN CLERK, TOWN OF QUEENSBURY I i