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1987-09-09 TOWN BOARD MEETING SEPTEMBER 9, 1987 7:30 P.M. TOWN BOARD MEMBERS George Kurosaka-Councilman Stephen Borgos -Councilman Ronald Montesi Councilman Betty Monahan - Councilman Daniel Olson-Deputy Supervisor Mr. Wilson Mathias-Town Counsel ABSENT: Mrs. Frances Walter-Supervisor PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI PRESS: WWSC, Glens Falls Post Star OPEN FORUM JAMES INGALLS-Cleverdale,Asked how the Town Board would feel if you were in my position. On the third of September the Lake George School Board voted a $6.84 dollars per thousand for assessment of the school tax for Rueensbury persons living in the Lake George School District. On the first of July my wife and I were listed at an assessment of five hundred twenty four thousand dollars for two hundred feet of lake shore, a twenty-five year old small cape cod cottage which cost $15,000.00 to build with a Farmers Home Administration Loan and an 87 year old cottage. So that means that our school tax bill is more than three thousand five hundred dollars almost three thousand six hundred dollars. This is half off my entire Social Security for the whole year. Is this, what you the government of O,ueensbury really meant to do? Did you really mean that half my social security income should end up in the Lake George School budget this September. Asked the Town Board if they thought it right that over half the social security credit built up by him over forty years from 1942 to 1982 was being earned and saved to go into the Lake George School budget this month and you can't blame it on the Lake George School District, their rate is low enough. The thing that is preposterous is your assessment of my property, it is your fault. COUNCILMAN BORGOS-I personally sympathize with you and I think the other members of the Board do. We all are deeply aware of the assessment and reassessment evaluation problems. Asked if Mr. Ingalls was going through the process already, the legal challenge and was he at all successful? MR. INGALLS-I went to the Board of Assessment Review, and the Small Claims Court and they limit you to twenty-five percent reduction if you have an assessment of over $150,000.00, which means you cannot go to Small Claims and ask what you think it should be. COUNCILMAN BORGOS-Have you received a decision? MR. INGALLS-No. COUNCILMAN BORGOS-Prior to a year or so ago there was no limit to how much the reduction could be, even at the Board of Assessment Review, that was changed. Stated that unfortunately they can't consider income, or any other hardship in these cases. Noted that unfortunately the opinion of the Town Board does not carry any weight, the law protects the balance of power. Stated that the suggestion Mr. Ingalls made to him and the Board in general several months ago is one way that he could see a reduction, not for this year but for the future years and that is to increase the base of the assessed valuation by particularly looking at the boat docks and the boats that are parked on the lake and become part of the property...the boat docks and the condominium yacht clubs are selling at a very high market values and if we are looking at the market value of all those boat docks, and if I remember, you stated that it was like six or eight million dollars, worth of boat docks of current fair market value. If that was put in as part of the base for assessment purposes that would bring the rate for the school tax down considerably, even if there were not - change in your assessed value you would see a significant reduction in your total tax bill. DEPUTY SUPERVISOR OLSON-For clarification, Mr. Ingalls, was it approximately $3600.00 total school tax bill? MR. INGALLS-$3,584.37, school tax bill. COUNCILMAN BORGOS-Asked what, that would have been last year approximately? 1 MR. INGLES-$1300.00 last year. COUNCILMAN KUROSAKA-The tax rate didn't jump in the Lake George School District three times did it? DEPUTY SUPERVISOR OLSON-No, Mr. Ingalls is talking about his assessed valuation. COUNCILMAN MONAHAN-Stated that if his assessed valuation had gone up before some of these adjustments and before some of these court cases, and in the Lake George School District hadn't gone up, his taxes would have stayed about the same. MR. INGALLS-I was assessed at $638,000.00 to begin with. COUNCILMAN MONTESI-My only comment again is, would you agree, that if I could force the Assessor to do something, then the whole purpose of an Assessor being an independent body goes out the window. He is appointed for a term of office, he has to be qualified and he has to be certified. The last step for you is to go to the Small Claims review, which you are entitled to do, if they reduce it to a figure that you are still not happy with, what is wrong with that process? You have an unique situation and it requires a little more looking into but there is a three step review process and after those three groups review, and it still isn't to your liking, how fine tune should the town be, there is a law saying that we have to have an assessment review every ten or twenty years. COUNCILMAN KUROSAKA-The problem is that it was all in one area. MR. INGALLS-Where I think you can be wrong is if you have a neighborhood which is only described by its physical nature, and the fact that you have lake shore, right off your yard. Neighborhoods are not described or considered only because of their physical nature because neighborhoods have economic natures as well. Stated that he lives on land owned by his heritage and because millionaires live on either side of him, he can't afford to pay the taxes. COUNCILMAN MONTESI-Asked how that is the towns fault? MR. INGALLS-I said this is something you should think about, how can this be straightened out,what can be done, as a government of the town you have responsibility. MRS. INGALLS-Its true, everything Mr. Montesi said about the law is true but what it doesn't cover is the need which Mr. Borgos also said was not your responsibility. There is a community in the Nassau County where they passed a law that says you cannot raise an assessment more than 20% over a five year period. There is a community in Duthcess County that suddenly became; very recreational valuable and when they did the assessment at full market value the inhabitants who had been living there for years looked in astonishment at these values put on their properties, and the town reduced it because you don't have to be assessed at 100°/x, as long as the percentage is the same for the whole town. But that was the whole town, we are only 200 families, only a small part of hlueensbury and we have no voice, we have no power and you are giving us no protection. COUNCILMAN BORGOS-You indicated that I indicated that we don't have responsibility, that's a miscommunication. We don't have any authority, unfortunately at the present moment, the state does not give us the authority to make some of the changes we would like to make. I feel a strong sense of responsibility to try to correct this. We did the research that we can do, and so far we haven't found a way, other than the prescribed way Mr. Montesi just went through, to be able to correct this problem. If you can through your research somehow to make it legal for us to make some corrections, above and beyond what has been described, I know we would be anxious to look at those possible corrections. MRS. INGALLS-Stated that some communities have been able to solve the problems for their communities. DEPUTY SUPERVISOR-Mr. Borgos has answered some of the questions and he is proper in saying that much of the stuff is mandated by the state of what the Town Board can do and what they can't do when it comes to assessments. Also said that the citizens have every right to bring their complaints or problems to the Board. COUNCILMAN MONAHAN-Stated that in the first place the percentage that you are assessed at really has no bearing, what does have a bearing is the amount of money to be raised. The fact that you are 100% assessed just means that the rate goes down, if it is assessed a lower percentage the rate goes up. Noted that the area around the lake had been under assessed for many years but now the pendulum has swung the other way. Stated that Lake George has become "hot" again, everybody want a piece and there should be some way to work the system so as not to penalize the people who have been there for hundreds of years on family property, because millionaires are flocking into that area because that area has become popular. I have lived on property owned by my family for many years and I know how I would feel if I were taxed out of the place I ha-3,V 7 ve lived in all my life. Some place we have to find some mechanism that some allowances can be made for people who maintained their property for all those years, otherwise people are going to be taxed out of their homes. DEPUTY SUPERVISOR-Noted that the millionaires are still buying because money is available. Said it was a sad situation that you are faced with property worth a lot of money but unfortunately that doesn't mean anything, that is your home and you want to live there and enjoy it. COUNCILMAN MONAHAN-Said a lot of the newcomers are coming and buying up property because it is an investment and in a couple of years will sell it and make some money. MR. INGALLS-Mrs. Monahan has just brought up one of the areas that is covered by the law which special arrangements can be made for unique areas. COUNCILMAN MONAHAN-My concern about the unique area is, we will be giving the break to these people who are willing to pay any kind of money. Maybe we should go back to the old fashion law of Homestead law like Florida had at one time. COUNCILMAN BORGOS-I don't know if that is an option anymore but that has certainly helped in Florida. JOHN BISHOP-Haviland Avenue, suggested that taxes could be based on variable income...based on his income as opposed to what his property is worth, something he is going to be able to pay. COUNCILMAN BORGOS-Unfortunately that is not provided by the law. There is a movement at the state level to do away with local property taxes and make everything income tax based. A lot of people support that, I don't know when it will go through but it does make sense. JOHN BISHOP-Said the corner of Haviland Avenue and Richardson Streets where they meet, is radical, more than 90 degree turn, a hairpin turn...Proposed putting in the cautionary signs, with the right angle turns on it with the advisory speed of 15 miles an hour plus if possible large directional arrows on the opposite bank up by the boar launch on the tree line to direct traffic with reflective arrows to show the curb is radical before they reach it. DEPUTY SUPERVISOR-The Highway Superintendent of Highways will look at this and report back to the Board. COUNCILMAN MONAHAN-Mr. Ingalls at your present assessment what is the difference between your land and your buildings? MR. INGALLS_ I have to pay an assessment on a $119,000.00 more because on the first of March my wife owned one lot and I owned another next to it then if we owned all of it together. and one piece of land is.$178,000.00 and the other piece is $ 223,000.00. COUNCILMAN MONAHAN-Which one has your house on it? MR. INGALLS-The house is on the $178,000.00 one. COUNCILMAN MONAHAN-What are your building assessed for? MR. INGALLS$524,000.00 with two parcels and nobody knows where the line is. Stated that what really annoys him is that he did not have the information...that the way the assessment was going to be done was totally different from what it had been done before. We were always assessed at $200 per foot and if you had two lots, side by side it didn't make any difference, all of a sudden it goes to $3,500 a foot for the first fifty feet, $3,000.00 a. foot for the next fifty feet, my wife has 72 feet and they get through with this and start in again with me at $3,500.00 a second time 3,000.00 a second time and I am double dipped because I didn't know. ARTHUR BUCKLEY-My property adjoins Mr. Ingalls' property, my father-in-law was a relative of Mr. Ingalls back through a hundred fifty years ago, its been in the family property. My wife and I were left that property by my father-in-law, its a nonconforming lot to begin with, we have around 46 feet of lake front. I paid a hundred thousand dollars to build my home here a year ago, we are both retired, we live on an income of under $30,000.00 a year, with the assessment we paid out more than $2400.00 a year for medical insurance...we were assessed under the new assessment $396,000.00 on a piece of property that we owned left down through the family, we got an adjustment down to $225,000.00. COUNCILMAN MONAHAN-Stated that the first adjustment was made because Mr. LaRose didn't have enough comparable sales. MR. BUCKLEY-He isn't basing his figures on what the building cost, he is basing it on the resale value, that is no one's business but mine and the tax man in Washington. COUNCILMAN MONAHAN-That is the mechanism that the State of New York is using, that is fair market value. MR. BUCKLEY-We are both retired and we have a limited income, am I to sell my home and lose my home because there comes a time when I can no longer pay the tax rate. MRS. ADAMSON-I have a letter from Mr. LaRose dated July 6, 1987...it says there is not and never has been any appreciation factor applied to the sales of lake front homes for assessment purposes in the Town of Queensbury, but if you look at his print out of comparable sales the mass appraisal folder there is time adjustment factors, time adjustment factors and appreciation mean: the same thing. In that he differentiates in the neighborhoods. Addressed Mr. Montesi about his unfeeling remark about the Grievance Board, there were 575 people went to grievance, 250 of them got some relief, the rest got nothing because the Grievance Board didn't know what to do. Stated that people think that they have to an attorney to go on, attorney's fees would run $500.00 they have been told plus an appraisal, plus the filing fee and a lot of them are so old that they didn't know how they could handle it so they didn't do it, and thats why you don't have a lot of people going on. Also the court told the people that their assessment was $420,000.00 so that the man that the town hired came along and said, well you have $420,000.00 sq. feet and based on comparable sales in your neighborhood, a $175.00 a sq. foot for your home is reasonable. A barn can have that much but it doesn't matter what your house looks like inside. TOWN COUNSEL-You are not adequately giving explanation of what the method of appraisal utilized by North Eastern was and I am sure the Board can ask them to come in and make a presentation just as they did for you. What you are hearing here is the tax payers side of the case and I am sure that Mr. Strell would present his side in a different light. MRS. ADAMSON-Stated that the people who did come down in their assessment would be giving the people who didn't go an even more unfair assessment. COUNCILMAN MONTESI-That speaks for itself that the process does work when you tell me that somebody has dropped their assessment through this procedure. MRS. ADAMSON-Referred to an excerpt from the news paper today, (the value average assessment parcel both residential and commercial in Queensbury is $128,326.00, the tax for that average property is $791.00. COUNCILMAN BORGOS-Asked if this was in the Lake George School District? MRS. ADAMSON-Yes, last year I paid $1123.00 in school taxes, this year they are going to take $2873.00, which is a 156 percent increase. We were above the average last year and we are way above it this year. I would like to know what the commercial properties up in our area are assessed? In Fort Edward they are finding that Scott Paper has gone way down, Decora has gone way down, what is happening to all the businesses up our way, are they paying less then we are. Do I have the right to know what everybody is paying? COUNCILMAN MONAHAN-What you are reading in the paper, was the.. ..fashion or whatever in times gone by, to tax industrial and commercial property higher than residential property, percentage wise, thinking that they should bare a higher burden than family homes should...Now, under the law of the State of New York that is illegal, you cannot assess one type of property any differently than you do another. There may different factors but thats' why all over, you will find the commercial property in relationship to residential property is going down. Whats' happening up at the lake I can't tell you. MRS. ADAMSON-I know what the assessments are, what I am interested in, are what the amounts are. TOWN COUNSEL-You can find out from the Assessors Office, the amount of town and county tax for the current year, you can find out what the assessment in prior years and you can determil what the per thousand rate for each of the various applicable taxes were for that particular area. If you are in Cleverdale, you got town, county, Cleverdale lighting, fire protection, so there is four of those plus the Lake George Central School District. Central Queensbury on a commercial property off Route 9, they are going to be in a different district. COUNCILMAN MONAHAN-Suggested they check with the tax collector of the Lake George School District. MR. ADAMSON-Assembly Point In 1986 Queensbury's share of the levy (Lake George School Dist.) was one million six hundred twenty one thousand ninety eight that is 35% of the total school district 1975 and 1986 the Queensbury's share of the Lake George Central School District tax ran from thirty-two, up to thirty-six. Stated differently the Queensbury residents residing in the Lake George School Dist. will pay more in school taxes in 1987 than the overall tax itself actually increased. Bolton, Fort Ann, Lake George all went down this year. We are trying to find out how this jump occurred? COUNCILMAN MONTESI-If Lake George reassessed just as we did, then it is reasonable to assume their percentage would remain the same, what caused the big increase in the jump was, we reassessed, the Town of Queensbury. MR. ADAMSON-What does reassessing have to do with it? COUNCILMAN MONAHAN-It shouldn't have anything to do with it. I think the answer is in the equalization rate. MR. ADAMSON-The point is we have been told that there was no reason for our share in the school district to change, this is what I hope you people will tell us what to do. COUNCILMAN MONAHAN-The property around the lake has been under assessed for all these years so even if it were brought up to the correct assessment it would make some change. COUNCILMAN KUROSAKA-The difference Queensbury went up is what everybody else went down. DEPUTY SUPERVISOR-Asked Mr. Adamson to leave a copy of the data he had with him, also asked Mr. Ingalls to leave a copy of his letter with the Town Clerk. DEBBIE. DAVIDSON-Pickle Hill Road, Asked the Town Board if they intended to take action on any of our request in reference to the speed limit, and the weight limit on Pickle Hill Road, this is a dangerous road. COUNCILMAN MONAHAN-The best way to do this was by petition from your area, present it to this board and we will turn it over to the proper authority. Asked that one petition be presented for each item. DEPUTY SUPERVISOR-Asked that the Highway Superintendent make a recommendation for the weight limit and post the road. MRS. DAVIDSON-The concern as far as weight limit is safety, it is a very dangerous road. COUNCILMAN MONAHAN-This road is being used for trucks looking for short cuts. DEPUTY SUPERVISOR-Stated that one petition for all items would be sufficient. MRS. DAVIDSON-Our other problems are with the Harris Garage, it is still growing, it is now in the yellow pages, he is advertising and I am asking for help. PAUL DAVIDSON-The reason the problem was created with the Harris property and whose fault it is Mr. Mack Dean who issued a building permit for a garage which doesn't belong there and and there is no question according to the present zoning and ordinances. My wife and I and our neighbors incurred great financial sacrifice to get the town to do something about this. In the meantime we are sitting across the street from a truck rodeo. Then Mr. Harris threatens if we don't get off his back he is going to put a barn across the street which requires site plan review, what does Mr. Mack Dean do, he gives him a building permit. I had to go to Mr. Mesinger to get the procedure to appeal that permit, Mr. Mack Dean told me that there was no such way I could appeal it. I did appeal it and we won the appeal and it has to go to site plan review. My point is Mr. Dean must have to answer to somebody, that somebody should see that Mr. Dean uses more digression in his dealings with the that piece of property. I think the Board should do something about it. COUNCILMAN KUROSAKA-We have done something about it. PAUL DAVIDSON-Well I haven't been informed. I know that we are under legal action now. COUNCILMAN KUROSAKA-If he is going to put a barn in there he has to have a variance. PAUL DAVIDSON-He has to have a site plan review. The thing is if Mr. Dean issues a permit and I don't find out about it, because they are not published how am I going to deal with it before appeal it because we only have thirty days to appeal it. COUNCILMAN BORGOS-1 think he is claiming an Agricultural use and that is protected by APA act. PAUL DAVIDSON-Stated that he doesn't farm he works on vehicles and runs around the yard. COUNCILMAN MONAHAN-Asked if he was working on vehicles that were not his own? PAUL DAVIDSON, I've seen logger trucks in his yard that are not his own. Labor Day it was like a truck rodeo out there. My assessment is $10,000.00 more than anybody else and I am the closest one to Harris. We went to get a reduction and we were turned down. I want to make you aware of the problem and that no future permits are issued to Mr. Harris without going through the proper channels. Another point I want to make if the Board would make a resolution stating that, in particular because he has made a couple of mistakes in Harris property, that if he get a request from Mr. Harris that he seek legal advise from one of the attorn 7 of the town, then if he goes against that advise he is legally responsible for his actions. COUNCILMAN KUROSAKA-Stated that Mack has been told not to issue anymore permits until he has checked with the Town Board. COUNCILMAN MONTESI-The day that I was informed that Mack issued a building permit for the barn, I came down on him saying there is no law saying you have to issue that permit the day the guy walked in, knowing how ticklish this situation was on the garage couldn't you set back a day or two and get some advise. You are putting us into another legal situation with this barn, we are already in litigation with the garage, don't you think you could have taken a deep breath. If we win this litigation we want to see the barn down. MR. BUCKLEY-Are all the properties in the Town of Queensbury assessed at $3500.00 a foot? COUNCILMAN BORGOS-The difference in the front foot depends upon the location on some roads whats considered to be a better road you might find a $100 a front foot, on a lesser road you might find it $40.00 a front foot but all neighbors compared with one another in similar circumstanc would be assessed the same front footage. The figure $3500 came from Lake George and I would not step one foot forward to defend that figure. TOWN COUNSEL-There have been 64 small claims proceedings filed, the number 120, I don't know where that is from. There are additional 7 proceeding which are a combinations of some for the large commercial projects within the town and also some residential lake front property up in Lake George. I sent out a copy of the document he requested in terms of the assessors' method of going about on this mass appraisal. The $3500. a foot is a starting point, no property in Lake George or on Lake George is assessed at $3500.00 a foot. None. What he did with the sliding scale was to set a figure for some neighborhoods at 90% of that value, so that the highest amount was ' thirty one five. He took other neighborhoods at 80% and otheres at 70% on the lake and thas how he did it. DOLLY BISHOP-Spoke regarding the traffic on upper Glen Street, Friendlys, Woodburys, Price Chopper, from Quaker Road to Halfway Brook is bad. Asked if this could be no turning left on section, like going across traffic. DEPUTY SUPERVISOR-Stated that the state announced in todays' paper that they have a plan to work a system of lights on Route 9 next year in that area. DOLLY BISHOP-Couldn't you designate trucks routes? COUNCILMAN MONAHAN-That is one of the things under comprehensive study. DOLLY BISHOP-Suggested that the grandfather clause be used for the people in Cleverdale regarding their assessments but if the land is sold to someone else, then the grandfather clause does not hold. COUNCILMAN BORGOS- Asked that a resolution be prepared for the next Board Meeting, to go out to the proposal stage to get an Engineering Firm to start work on the engineering design for North Sewer Project. Stated that this project was long over due. Noted that driving up the Northway noticed the state working to widen the exit ramp at Exit 12 of Northway, obviously to take care of the traffic that might develop around the new shopping center. I wonder how and why the state could act so quickly on Exit 12 for a project that is not yet complete and don't want to act on Exit 19 which has been a bottle neck for years. We have to pursue it even if we have to go to Albany to get something done. OPEN FORUM CLOSED: RESOLUTIONS RESOLUTION TO SET PUBLIC HEARING ON A LOCAL LAW REGARDING TO PARKING ON BIRDSALL ROAD. RESOLUTION NO.278, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, residents of Birdsall 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 RESOLVED, that a public hearing will be held concerning the proposed No-Parking zone on Birdsall Road and that said public hearing be held at 7:30 p.m. in the Meeting Room of the Town of Queensbury Office Building, Bay and Haviland Roads, Queensbury, New York on the 22nd day of September, 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 hearings as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS ELIZABETH LANIEAND MARGARET DRIVE RESOLUTION NO.279, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, Queen Victoria Ventures, Ltd., has executed and offered a deed for town roadways running on the southerly side of Peggy Ann Road which are more particularly described in the attached map, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, roadway surface and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that the 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, and WHEREAS, the form of the deed and title to the roadways have been approved by Wilson S. Mathias, Counsel to the Board. NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that these roads be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 431, Description: North/South Name: Margaret Drive Mileage: .13 (702.62 ft) Road No. 432, Description: East/West Name: Elizabeth Lane Mileage: .24 (1250 ft.) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO ACCEPT DEED TO TOWN OF QiUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS WALTON COURT,BRIGGS COURT, WINGS FALLS COURT AND FERRISS DRIVE RESOLUTION NO. 280, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. - WHEREAS, Thomas J. Farone & Son, Inc. has executed and offered a deed for town roadways running on the southerly side of Peggy Ann Road which are more particularly described in the attached deed, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, roadway surface and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed and title to the roadways have been approved by Wilson S. Mathias, Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved . and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further ;r3 RESOLVED, that these roads be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 433, Description: North//South, Name: Walton Court Mileage: 685.67' Road No. 434, Description: East/West Name: Briggs Court Mileage: 1,268.12' Road No. 435, Description: East/West Name: Wings Falls Court Mileage: 935.40' Road No. 436, Description: North/South Name: Ferriss Drive Mileage: 928.79' Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO INSTALL STREET LIGHTS RESOLUTION NO. 281, Introduced by Mr. Ronald Montesi, who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the following street lights be installed: One (1) sodium 150 street light at corner of Nathan & Field - Pole 6-2, NiMo #6 One (1) sodium 150 street light on Nathan between Feld and Mallory - Pole #61/2 One (1) sodium 150 street light on Aviation Road - Pole 54-47-45 and be it further RESOLVED, that a certified copy of this resolution be sent to Niagara Mohawk Corporation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter DISCUSSION: COUNCILMAN MONAHAN-Asked if this completes the lighting on the Aviation Road. COUNCILMAN MONTESI-We think it does-these 54-47-45 represents the area that Paul just finished paving from the Cerebral palsy Center to West Mountain. There are two blacks spots on that road and Steve and I thought we had covered that and Nimo wasn't sure if they put the pole in the right place and that may be causing the black spot. They were checking it this week but I haven't talked with them yet. COUNCILMAN BORGOS-There are two major spots otherwise this will complete the main artery when people walk at night . It was my opinion that Nimo was about seven light short of what we had asked for the first time so we are going to piece these in. Zero complaints from the neighbors. COUNCILMAN MONAHAN-Stated that part of the problem was that Nimo cut down on the intensity of these lights. COUNCILMAN MONTESI-On the corner of Potter and Aviation they used 400 watt, everything else is 150 watts. COUNCILMAN -BORGOSAsked that if Mr. Montesi was going to talk with Nimo, tell them that the light at Mountain View Lane and Aviation is not functioning as of today. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW ENTITLED FLOOD DAMAGE PREVENTION RESOLUTION NO.282, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Federal Emergency Management Agency has notified the Town of Queensbury of the need to implement revised regulations concerning the sues of land and methods of construction within a Floodplain, and WHEREAS, such regulations are required in order to maintain the Town;s eligibility for participation in the National Flood Insurance Program, and WHEREAS, the proposed local law 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 22nd day of September 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 Noes: None Absent: Mrs. Frances Walter COMMUNICATION Ltr., from Mr. Harold LaRose regarding Seminar, on file RESOLUTION TO ATTEND SEMINAR RESOLUTION NO.283, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi. ®Y WHEREAS, Harold LaRose has requested permission to attend a Seminar "How to Prepare For A Certiorari Action" to be held in Albany on October 21, 1987, NOW, THEREFORE BE IT RESOLVED, that permission is hereby granted to Harold LaRose to attend the seminar on "How to Prepare For A Certorari Action" on October 21, 1987 in Albany, New York, and be it further, RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses and that reimbursement for mileage be granted. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter DISCUSSION-It was decided by the Town Board that Mr. LaRose would drive his own vehicle and be reimbursed for mileage. RESOLUTION OF SORROW RESOLUTION NO. 284, Introduced by the Entire Town Board WHEREAS, on September 6, 1987 Mr. Donald Wood an employee of the Town of Queensbury passed away, and WHEREAS, Mr. Donald Wood was a valued employee of the Queensbury Highway Department since January 3, 1984, and WHEREAS, the employees of the Town of Queensbury will sorely miss Mr. Donald Wood, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury wishes to extend their deepest sympathy to the Wood family in their loss. Duly adopted by the following vote: Ayes: Mr. Kursoaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter COUNCILMAN MONTESI-Noted that he did represent the Town of Queensbury today at Warren County Board of Finance further updating our request for $25,000.00 to help defray the cost of our master plan, it was met with moderate warmth, but that they would probably have to consider it in next years budget. I informed them that 33% of the sales tax dollars taken in, in the County come from our town, so the importance of us suffering with the traffic and the growth that we have, it is important for the rest of the county to help us. They did defray the cost of the planner, consultant for the City of Glens Falls, and likewise we have asked for the same consideration, for $25,000.00 and that would be in the form of a contractual agreement. COUNCILMAN MONAHAN-Asked if a resolution should be made from this Board to the County Board might any effect. COUNCILMAN MONTESI-I asked Ham Robertson and Schuyler Martin who is chairman of the DPW, two of us wanted to discuss the necessity for the county to recognize the expedient need for widening the Quaker Road and provide those dollars in this years budget at least we are getting on the agenda. COUNCILMAN MONAHAN-Noted that if the traffic congestion gets much worse in our area some of the people will be bypassing our shopping areas, therefore the sales tax dollars that are helping all of Warren County may not be coming out Queensbury so rapidly if we don't do something about these traffic situations. COMMUNICATIONS: Ltr., from Ralph VanDusen, Deputy Water Superintendent, regarding Quality Assurance Workshop. RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 285, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, Ralph VanDusen has requested permission to attend a Quality Assurance Seminar on September 23, 1987, in Loudonville, New York, NOW, THEREFORE BE IT RESOLVED, that permission is hereby granted to Ralph VanDusen to attend the Quality Assurance Seminar, Loudonville, New York on September 23, 1987, and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter LTR., from Department of Transportation regarding speed limit on Bay Road, on file. LTR., from Charles R. Wood regarding fireworks, on file. RESOLUTION TO CONDUCT FIREWORKS RESOLUTION NO. 286, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Great Escape has requested permission to conduct a fireworks display as follows: SPONSOR: The Great Escape PLACE: The Great Escape DATE: September 12, 1987 NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject tot he following conditions: A. Receipt of proof of Insurance 1. The Town of Queensbury must be named as an additional insured. B. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of Queensbury Central Fire Dept. C. There must be adequate parking and access for emergency vehicles. D. Cleanup of the area must be completed by 10:00 A.M. the following day, all debris must cleaned up including all unexploded shells. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter DISCUSSION: Councilman Borgos requested that the Sheriff's Department and the State Police be notified routinely. LTR., List of additional members to the Queensbury Central Vol.. Fire Co. on file. MR. BUCKLEY-Asked if it would be possible to put green arrows on the stop light the Ridge Road/Quaker Road right hand turn? ROBERT STEWART-Stated that the two subdivisions on Peggy Ann Road, Queensbury Forrest, and Queensbury Victoria Grant, aren't quite ready and asked for some clarification as to how the blacktop ordinance affects them. The entire project has already received SEAR approval as well as approval from Dept. of Health, Fire Chief, Highway and Water Superintendents. It is the type of situation where it has 99% approval, and how does the black topping resolution relate to that. We need some clarification just how you feel we should go. COUNCILMAN BORGOS-Asked if the engineering including the elevations been done for phase two? MR. STEWART-I honestly don't know. COUNCILMAN MONAHAN-Stated that the legal opinion would be that the the second and third phases would have to comply with the regulations. MR. STEWART-We don't need a legal opinion because you have the right to interpret the ordinance and if you want different language you can put different language in, you control the situation. COUNCILMAN MONTESI-I would say that this subdivision has to be paved with blacktop because" it doesn't have final approval. COUNCILMAN BORGOS-I asked about the engineering because the elevation would all have to be changed if it weren't done already...Asked if they could look at this a little more closely from now to two weeks from now? COUNCILMAN MONAHAN-No, not as far as I am concerned my answer sets. DEPUTY SUPERVISOR-Asked what the time table was? MR. STEWART-About October 15. PAUL NAYLOR-We have a standard procedure, we won't let them oil the stone after October 15...they could get their binder on after my time table of oil and stone but maybe I wouldn't want them to put the top on till spring, asked the Board if they would accept that, with the binder on so they can start building on it? COUNCILMAN BORGOS-We have to be fair to all the taxpayers in the community and that includes the developers, maybe through this study we can find if we are being fair in asking them to do that. COUNCILMAN MONAHAN-My feeling is that if you don't uphold the ordinances that you have already passed and also try to put that burden on the other tax payers, we have put the burden on the wrong people. COUNCILMAN KUROSAKA-We ought to hold this till Fran gets back and have a full board. DEPUTY SUPERVISOR-We are going to have another meeting in two weeks and that would be time to make a decision that night. REPORTS: A 7 Town Clerk and Building & Code Enforcement Reports for August 1987 on file. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 287, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that Audit of Bills as appears on Abstract and numbered 2885 through 3115 and totaling $ 349,813.84 be and hereby are approved. Adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mrs. Frances Walter RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 288, Introduced by Mr. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that the Town Board hereby moves into executive session to discuss legal litigations and personnel. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter ON MOTION THE MEETING WAS ADJOURNED i RESPECTFULLY SUBMITTED DARLEEN DOUGHER TOWN CLERK, TOWN OF QIUEENSBURY i