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1986-02-11 30 TOWN BOARD MEETING FEBRUARY 11, 1986 TOWN BOARD MEMBERS PRESS: G.F. Post Star Mrs. Frances Walter-Supervisor GUESTS: R. Hicken, Mr. Stephen Borgos-Councilman Mr. DeMars, Mr. Paradise, Mr. Ronald Montesi-Councilman Mr. Kenny,Mr. Adamson, Mrs. Betty Monahan-Councilman Mr. Palangi, Mr. Cutting, Mr. Wilson Mathias-Town Counsel i ABSENT Mr. George Kurosaka-Councilman PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BORGOS MEETING OPENED 7:30 P.M. PUBLIC HEARING Proposed Local Law-To license Mobile Home Parks and to regulate the operation of Mobile Home Parks within the Town of Queensbury. . .Notice Shown SUPERVISOR WALTER-We have had several meetings relative to the mobile home local law, we have since revised it, met with mobile home park owners and have put some of their input into the revised local law as it is made for this evenings discussion. Asked for public input. . . MR. GLEN GREGORY-These laws are basically pretty good, for some individuals the property they own cannot meet all the specifications of the law, will there be amendments at a future date to revise this to meet the property owners specifications? (Example) A fifty foot right of way from the highway to the park, if the land if not available can it be revised to a thirty foot right of way? SUPERVISOR WALTER-There was quite a bit of discussion relative to the amount of set backs that we would have, I doubt that before any great deal of time it would be changed. At the Planning Board and the Town Board that was one of the items that was discussed, they indicated that was the way to see it set. Are you asking for a provision for waiver? There is a variance procedure, that is a part of the local law. COUNCILMAN BORGOS-I would just like speak to the issue that I raised at a meeting we held with the current mobile home park operators. A couple people do not seem to object to this provision at the present time, but I a concerned because the Zoning Board is attempting to establish some policy that will govern not only mobile home parks but all subdivisions in all developments. I think that is very good idea, so there is consistent treatment for all people. My concern is that although with current projects that are being thought of nobody is very concerned about paying a five hundred dollar fee and coming in with all these expensive engineering drawings that are required by this new provision. I am concerned that some people will go to great expense and present something to the Board that will be totally foreign to what the Board would like. At that point it would have been possible to spend twenty to thirty thousand dollars. . . .I would like to see a provision for an optional two stage process, not required by optional, the developer has an idea whether it is a mobile home park or for commercial of subdivision development, I think that developer should have that option of coming to the Zoning Board or Planning Board and saying here is what we have in mind, would you look at it conceptual. Does it on the surface look like something you would like or something you do not like. Dick Roberts has indicated that, that is something that is being done now. The law as proposed would not permit that, I would like to see it written into the law so there could be an optional first stage looking for conceptual approval, perhaps at a fee of two hundred dollars instead of five hundred. Keeping the provisions of the law as they are however before final formal approval is granted so that all the engineering required would be required, I think this would encourage t people to look at Queensbury, specifically when we get into industrial development, large subdivisions, they could have a positive impact on the community. I think it would be very wise not to require specific detailed engineering work that we would require in the final approach. COUNCILMAN MONTESI-We did spend a great deal of time with the concerned people here, obviously some people that are very concerned are present mobile home park owners, there concern was that we were going to change some things that they could not conform to, whether it be density, size or lots etc. I think this law does a good job of balancing and grading the mobile home parks in our community. Making sure that the new ones that come in are up to standards and in some cases where we have had an eyesore or people have been negative about mobile home parks, hopefully we are taking a step in the right direction, trying to improve the image of them in our community. I feel comfortable with this law. SUPERVISOR WALTER-Asked for further comments, hearing none the public hearing was closed. . . PUBLIC HEARING Proposed Local Law-No Parking Northwest Road. . .Notice Shown SUPERVISOR WALTER-Asked for public input. . . MR. DANIEL MEATH-RD2 Northwest Road-I live a few hundred feet below the proposed no-parking area. . .I am in favor of this local law. . . .The snow banks are now six to seven feet high and if parking is permitted there it could very well impede the flow of fire trucks and police vehicles and public safety vehicles. There is no reason for parking there it is private land, there is very little traffic up there. Generally I feel the neighbors are in favor of this. . . SUPERVISOR WALTER-Asked for further comments, hearing none the public hearing was closed. . . . PUBLIC HEARING Relative to the consolidation of the Water Districts in the Town of Queensbury Notice Shown. . . SUPERVISOR WALTER-The proposal is to consolidate the Lane 0' Pines Water Dist. , Broad Acres Water Dist. , Sherman Avenue Water Dist. , Big Bay Big Boom Water Dist. , and Mountainview Water Dist. with the Queensbury Consolidated Water Dist. The is the big district in Queensbury which operates the treatment facility. Asked for public input. . . MR. ROBERT HICKEN-Arbutus Drive-I am not quite sure what this amounts to, but you are consolidating four or five districts and I believe about five years ago when the Sherman Avenue Dist. was formed we were told at the public hearing that, because there was grant monies there was extra money left over, we would be paying a part of that tax, we would only be paying for five years. I believe that when my tax was paid last January that was the fifty year, I suspect that part of what I was paying goes toward the treatment plant itself and part for the pipes that were put in the ground, I am curious to see if our pipes are paid for how does that effect my tax? SUPERVISOR WALTER-In the Sherman Avenue Water Dist. there were two kinds of money involved. The big line down Sherman Avenue was paid for by grant dollars out of community development monies the lateral lines down Arbutus, Wintergreen, Lupine Lane were paid for by the taxpayers within the water district. I think about forty thousand dollars of that district was the amount allotted out of the grant and you have seen a reduction in your tax rate for Sherman Avenue since the districts establishment. You will be paying, because that was bonded for the local share for at least fifteen years. MR. HICKEN-Questioned that he felt that the bond would be paid in five years? In putting five district together, they all started at a different time and are paying different bond periods, I question how you are going to consolidate and have everybody paying their fair share? 32 SUPERVISOR WALTER-Everybody will be paying their own fair share, many of the district when they were created were not paying for the debt service on the facility on the Hudson River, those of us that are in the Queensbury Consolidated Dist. and have been paying since the plant was built find it difficult to underwrite all the new customers coming in. I think you have to understand that you have to pick up some of the share of that facility. . . MR. HICKEN-I assumed that I was paying for part of the plant. . . SUPERVISOR WALTER-When the district was created you paid for the construction of the district, you were not paying on the debt service of the Queensbury filtration plant. I will check the minutes for the establishment of the Sherman Avenue Water Dist. and see what the bonding was going to be. . .Those district that are coming in now are going to be required to pay a portion of the debt service on the plant, because it cannot be expected that all these customers are drawing water from the plant and are not sharing J in the debt service. Four times a year you pay for the water usage and that is for the operation and maintenance of the facility. . .The reason that this is being done now, is that the water taxes are approximately the same at this point, it seems that those people that are going to be a part of the consolidation will be sharing in the cost and will be no increase in taxes the taxes will continue to decline on the debt service of that plant. MR. DEMARS-Big Boom Road-We have had a water dist. established for some time now, my question is how will we be effected with this consolidation an an existing district? What does it do, other than for bookkeeping purposes. SUPERVISOR WALTER-That specifically is what it does. . .every water dist. is a business unto itself and for everyone of the districts there is a set of books. . .it is the Queensbury Water Dist. who does the repairs on all the dists. and supplies the water, every time he does something for someone in one of these districts there are charges to the district. MR. DEMARS-How will it be to all one big family? SUPERVISOR WALTER-It will be very easy to take care of bookkeeping wise. . . MR. DEMARS-Regarding tax rates, you are saying that the tax rate of the Lane 0' Pines, Sherman Avenue and MountainView Water dist. would be the same as ours compatible to ours? SUPERVISOR WALTER-Yes. MR. DEMARS-Do you anticipate much expansion once the consolidation has been done, in the water department? Hudson Falls asked for a donation of water down there way, I do not know if you are going to act on that? SUPERVISOR WALTER-We would negotiate to sell water. . .they would buy under contract. . . MR. DEMARS-Who will pay for the expansion? SUPERVISOR WALTER-Whoever is benefited by the expansion. . . MR. DEMARS-Questioned if the Board would act on the consolidation tonight? SUPERVISOR WALTER-This is the public hearing, they can act on it after the public hearing depending on the input. . . MR. DEMARS-As far as exposure of it, I do not think it was exposed enough to let the general public know, we have several neighbors in our area that were questioning it. . . SUPERVISOR WALTER-Reviewed the history of the Big Bay Big Boom Water Dist. . . .the State paid for the transmission main to the rest area. . .the residents paid for the lateral lines. . .in the district. . . MR. DEMARS-What benefits will be derived through consolidation? �n SUPERVISOR WALTER-The Queensbury Water Dist. receives the most benefits in that its time is not spent in bookkeeping, but I do not think there is any disadvantage for people that are in the smaller districts. Asked for further input. . .hearing none the public hearing was closed. . . PUBLIC HEARING Proposed Local Law-Repeal Local Law Number 2 of 1976 Notice Shown SUPERVISOR WALTER-Local Law No. 2 of 1976 eliminated a exemption under the real property law Section 485 (b) . . .at this point the Town of Queensbury — is hoping it can encourage business to come and enlarge the Town Tax Base and we feel that we can give a partial real property exemption which is authorized by Section 485 (b) and therefore the local law we are hoping to repeal would then enable us to allow partial real property tax exemptions for certain businesses that would be locating in the Town of Queensbury. Asked for public input. . . MR. JOSEPH PARADISE-Homer Avenue-Does this law pertain to businesses that are already in business? SUPERVISOR WALTER-This law pertains to property constructed, altered, installed or improved subsequent to the first day of July 1976. MR. JOSEPH PARADISE-Anything before that it does not effect. SUPERVISOR WALTER-That is the way I read it. . . TOWN COUNSEL-This will effect businesses with construction occurring after the adoption of the repeal of Local Law No. 2 of 1976 which may occur in February of 1986. . . COUNCILMAN MONTESI-When we refer to the word repeal, the State gave the towns a chance to offer some kind of inducement or reason or industry to come into your community by giving them some kind of tax exemption in 1976, the then present Town Board of 1976 felt that they did not want to giveaway any tax concessions so they repealed the law, we are looking at it now, we would like to expand the tax base so that the individual taxpayers will pay less and draw more industry or commercial business into the community. We are saying lets see if we can draw people in by having this kind of tax concession to businesses that would be effective upon passage of the repeal. . . MR. PARADISE- This does not effect a person who has been in business for ten years? COUNCILMAN MONTESI-No. . .Not unless you put a new building up or alter the property. . . COUNCILMAN BORGOS-There is one exception to that, as I understand it, under the same section of the real property tax law there was a law passed in 1977 which for substantially the same kinds of things for new business investment did grant 100% tax exemption for town taxes for a five year period and then 50% exemption, that has been on the books since 1977. My own concern is that it also provides for 100% exemption for any advalorem tax, even for special districts including sewers. . .my only concern was that somehow as we develop the charging system for our new sewer district that we be careful not to place an extra heavy weight on the advalorem side because people coming in since 1977 could ask for an exemption of significant magnitude on the advalorem portion of the sewer tax. There _ is on the books a 100% exemption for five year and decreasing to 50% since 1977. . . COUNCILMAN MONTESI-Mr. Paradise, if you had started your business in 1977, presently there has been a law that offered some kind of tax reduction to businesses in Town. . . SUPERVISOR WALTER-Asked for further comments, hearing none the public hearing was closed. . . 34 OPEN FORUM MR. DAVID KENNY-Route 9-I am looking to put up a project of eleven thousand square feet of outlet stores on Route 9. . .in order to receive IDA funding he must have approval of the project from the Town. . .not looking for tax breaks, just want good bond interest. . . COUNCILMAN MONTESI-Have you gone to the County IDA? MR. DAVID KENNY-Yes. COUNCILMAN MONTESI-Any they said. . . i MR. KENNY-The Town would have to be in favor of any project being that it is commercial. . . COUNCILMAN MONTESI-They are saying they only want to invest IDA funds in industrial? MR. KENNY-Now, they are saying certain commercial projects they will. . . COUNCILMAN BORGOS-My experience with the IDA is not so much a Town endorsement but generally a statement that we have no objection to this participation in this type of funding. For the Town to endorse it would maybe go beyond the scope of what he needs. At that location they only realistic kind of business would be a motel or restaurant or what you are proposing. What you are proposing would general more sales revenue and therefore more tax dollars. . . MR. KENNY-Also more people working. . . COUNCILMAN MONAHAN-What is the estimate for construction cost of the first building? MR. KENNY-Close to four hundred thousand dollars. . .the building will be over 10,000 square feet. . . COUNCILMAN BORGOS-Is there room for appropriate landscaping and setbacks? MR. KENNY-yes. . . h COUNCILMAN MONTESI-When do you need a response from the Town Board? MR. KENNY-I go before the IDA in March, I have to have the paperwork in by March 5th. . .I would like to know sooner than that. COUNCILMAN MONAHAN-What type of stores are you trying to attract? MR. KENNY-One/fifth Avenue,sells expensive clothing. . .Swank Leather. . .CB Sports. . . COUNCILMAN BORGOS-There are two issues of concern. One is the fact under the new law, there is a cap on the amount of IDA bonds the County can issue under a particular time, there is a provision if the County exceeds that cap. From what I have read in the paper that there is no problem with granting a certain number of dollars because there is enough excess in the State. That is not a concern with me nor is, my personal opinion, nor is the competition with local business. Previously, all businesses were established under the situations that existed at the time, everyone who goes into business faces certain risks and potential. People have been open many years probably borrowed at a rate lower than you borrowed, certainly the construction costs were lower than what you construction costs are. I do not see that you would be taking unfair advantage of anyone. . . -- SUPERVISOR WALTER-I have spoken with Mr. Kenny about this, I have had some conversations with IDA and its director and they seem to have had a policy change since the first of the year. They are looking to fund commercial projects that are of a magnitude of over a million dollars, impact on more than one community in fact a regional basis, in that it would employ fifty people. . .I have seen what David Kenny has it is first class, there is no question about it. . . n1:� MR. KENNY-Described the possibility of another access road from Route 149. . .I am looking for a statement from the Town that this would be a beneficial business for the Town of Queensbury. . . COUNCILMAN BORGOS-I think we should also make the statement that we are not against IDA participation in this project. MR. JIM INGALLS-Cleverdale-I would like to have the Town Administration consider the need of control of killer boats on Lake George. Gave a copy of letter that was written to the Qsby. Planning Board to the Town Board. . .on file. . ."recommendation for a zoning ordinance to zone ocean going boats out of access to Lake George". . . SUPERVISOR WALTER-I think you would agree that this is more than a problem for the waters around Queensbury, it is certainly goes right up the Lake. . .we can look into this. . . COUNCILMAN MONAHAN-Suggested that a copy of the letter be sent to the Warren County Planning Dept. . . . MR. CHARLES ADAMSON-I appreciate the opportunity to address you. . .First Topic. . .the Milfoil Workshop, I think this is a great idea, I understand Mrs. Walter you have already signed up for it. This is an all day session at the Red Coach on February 20th for the purpose of getting people concerned with Milfoil. Those who know what it is and how to treat it, and come to a conclusion of what we are going to do with the milfoil that is already in the south part of the lake. I think it would be a very good idea for Mrs. Monahan to attend the meeting since every inch of the shore line is in Ward I. I also think that the other Board Members might find it interesting. Second Topic-As threatening as milfoil is, it is only a symptom of a much larger problem in Lake George. the failure to control pollution that comes in part from failing and inadequate septic systems along the shores of the lake. Fortunately we can do something almost immediately about this septic pollution problem. What is needed are a. on site inspections b. red-dye tests c. systematic use of a leachate detector in the water along the shores of the lake. The action required in a. and b. requires only trained personnel. The action in c. requires the testing and purchase of a leachate detector and trained personnel. According to a brochure procured by the Fresh Water Institute in Bolton, the available leachate detector is called the "Peeper Beeper" which reportedly costs about $8,000. The one that was used in the environmental impact statement four or five years ago was twice that cost. The other advantage besides price is it can be operated by one man. (gave copies of brochure) I should like to request that the Town Board through the Town Supervisor press the County Board of Supervisors and the County Lake George Affairs Committee to take quick action on the Peeper Beeper, in order that the appropriate authority can begin using it early this year. (Copy of Statement on file) MR. TONI PALANGI-26 Wincrest Drive-Now that the climate seems favorable for industry to locate in Queensbury I have a question. Are there any restrictions as to the size and type of industry that can relocate here in Queensbury? SUPERVISOR WALTER-Through Zoning we have various areas of the Town that has been set aside for heavy industry and for light industry, and our zoning regulations determine what can go where. MR. TONI PALANGI-Would a wood working plant be objectionable? I have a client that would be interested in the former Jaxton manufacturing corp. and the negotiations fell through, they have asked me to investigate to find a facility that they could start manufacturing the same kind of product and also going into the house building field. . . .it would be like the sawhorse but on a larger scale. . .employing 200 employees. . . The client is in the paint business now. . . SUPERVISOR WALTER-If you are asking me for a specific spot I could not address that right now, but there are certainly areas in Queensbury where you could locate a facility. COUNCILMAN MONAHAN-I would suggest that you speak with Mr. Dean and look 36 over the zones that are available. . . MS. SANDY GREEN-Route 9 Lake George-Requested street light in front of the King Hendrick Motel . . . noted that the road goes from two to one lane. . .it should be better lit. . .street signs are not being seen. . . SUPERVISOR WALTER-First we would have to find out if there is an existing lighting district there, if there is then our lighting committee recommends to the Board to install a street light. . .if there is not a lighting district then we would have to create a district and that takes longer. . . COUNCILMAN BORGOS-Is there a chance the State might do this as a safety project? 1 SUPERVISOR WALTER-There is a chance, I will look into that if it is not in a lighting district. . . COUNCILMAN MONTESI-I am on the lighting committee and I will check into this. MR. DICK CUTTING-Town of Queensbury-How, can you license businesses if their address is Glens Falls or Lake George? SUPERVISOR WALTER-I don't care what address they use, they are in the Town of Queensbury, we try to catch all the businesses that come into the Town and we send them a letter and ask them if they would use Queensbury New York as their address. Some of the businesses do use it, but I agree with you it is disheartening to me to see how many do not. All the new buildings that go up and new complexes these people deal with the Town of Queensbury Building Dept. they go before the Queensbury Planning or Zoning Boards and they go out and use Glens Falls. I do not exactly know what you can do to use Queensbury, our problem is that we do not have a postal designation we need to get that. . .we have been trying to do that for years. There are letters in former supervisor's Gerald Solomon' s file where he tried to get Queensbury Post Office, now we are just asking for a designation. COUNCILMAN MONAHAN-I have a suggestion that all applications that come before the Planning Board / Zoning Board and Don Chases Office should be required to carry the address of Queensbury, because this is a legal address, this is a requirement that we could make on applications. . . SUPERVISOR WALTER-I agree with you, one of the reasons that we place a Welcome to Queensbury sign at exit 19 was to make people aware they were coming into the Town of Queensbury. . . COUNCILMAN BORGOS-At the last meeting I asked that the publicist make note that Snowmobile are prohibited on Town Highways except for a small portion of Peggy Ann Road, I did not see that in the paper, I continue to see Snowmobiles on the Roads and as you know for the last few weeks it was hard to see cars, it is much more difficult to see snowmobiles. I am concerned that we will have an accident soon. . .I would ask that the people be reminded that snowmobiles are not permitted on the road. Even though it is winter and the situation is not as bad as it will be in a few months I think we should look at the problem with traffic at exit 19 of the Northway it is long overdue, it means contacting the County and DOT but I think that the Highway Committee could start letters, it is a dangerous hazardous intersection, creates all kinds of problem on the Northway and Aviation Road. SUPERVISOR WALTER-You do know that they have the widening of the bridge and changes in the traffic flow there, that will be done in the next year. . .Mr. Kelly has indicated that they are working on plans for that general area, . . .they are talking about putting sidewalks along route 9 which the County had asked for, up to the southerly entrance of the Great Escape, from Sweet Road. . .they are working on the intersection of Route 9 and Quaker Road with lighting and the realignment of the egress of the Queensbury and Grand Union Plaza and additional turning lanes going left onto the Aviation Road. MR. DEMARS-Spoke about the congestion on Exit 18. . .when Civic Center has programs. . . 37 SUPERVISOR WALTER-We have spoken to them about that, I do not know what their immediate plans are at that site. . .I was appointed to the Regional Transportation Council, we have not had a meeting yet. Asked for further input. . .Closed the Public Forum. . . RESOLUTIONS Supervisor Walter-Appointed Mr. Mathias to call the roll vote. . . RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 48, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board minutes of January 28, 1986 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING AMENDING ZONING ORDINANCE TO CHANGE CERTAIN HEAVY INDUSTRIAL AREAS TO LIGHT INDUSTRIAL AND TO CREATE ZONES FOR MOBILE HOME SUBDIVISIONS, MOBILE HOME PARKS AND INDIVIDUAL MOBILE HOMES RESOLUTION NO. 49, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has received requests for the change of land use classifications within the Town, 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 enlarge the areas permitting light industrial uses, allow, after site plan review, mobile home parks and subdivisions and permit the setting of individual mobile homes in certain area without administrative body review, and WHEREAS, the proposed amendments have been prepared, a copy of which is attached, 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 11th day of March, 1986 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. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka TOWN COUNSEL-Reviewed the various areas proposed for the placement of mobile home subdivisions and mobile home placements and LI lA. . .map on file. . .A portion of property from G.F. City Line bordered by Warren Street and Highland Avenue to be rezoned LI-IA. .Proposed Mobile Home Subdivision property bordered by Pitcher Road, VanDusen and Luzerne Road. . .also property 38 off Burch Road. . .and a portion of property on Route 149. . . .Property proposed for Single Mobile Home Sites. . .area bordered by Connecticut Avenue,Luzerne Road, Corinth Road and property on Eisenhower Avenue, Leo Street and Howard Street, also property of Rhode Island Avenue, Central Avenue, Mass. Avenue, New Hampshire, Maine and East Avenues. . . RESOLUTION TO INSTALL STREET LIGHT RESOLUTION NO. 50, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that one (1) sodium 150 street light be installed at the corner of Luzerne Road and Stephanie Lane on unmarked pole between Niagara Mohawk pole 47 and 48, 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. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka RESOLUTION TO RETAIN ENGINEER RESOLUTION NO. 51, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is interested in extending two water districts, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury retain the engineering services of Charles H. Scudder, P.E. to provide these services, Phase I fee not to exceed $2,500.00. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka SUPERVISOR WALTER-The extensions that we are talking about have been requested by two developers in the Town of Queensbury and they would be an extension to the Sherman Avenue Water Dist. and Land O'Pines. RESOLUTION TO SET PUBLIC HEARING ON RESCUE CONTRACTS RESOLUTION NO. 52, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, there has been duly established in the Town of Queensbury Ambulance service for two volunteer fire companies and one private ambulance service and the Town Board has provided for this service by contracts with these three services, and WHEREAS, the said contracts for ambulance service will expire and the Town Board deems it in the public interest of the residents of said Town to provide for such ambulance service, NOW, THEREFORE BE IT RESOLVED, that a public hearing on said proposed contract terms will be held by the Town Board of said Town at the Town Office Building, Bay and Haviland Roads, in said Town on the 11th day of March, 1986 at 7:30 P.M. of that day and that then and there the said Town Board will hear e:. all person interested in the matter and the Town Clerk of this Town be and he hereby is directed to prepare and have published and posted in compliance with the law the necessary notices of such hearing. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka COUNCILMAN BORGOS-We are holding a hearing on the extension for a proposed three year period with two fire companies and one private service which happens to be the North Queensbury Volunteer Ambulance Squad. To continue to provide the great service that we have had over the years, we are looking for a three year agreement so that the time schedules would line up with the fire company contracts which would expire in 1988. We believe that the service that is provided by these squads is excellent, that the cost per run on the average is considerably lower than can be provided by any other means. Because of the volunteer nature of such services it is in the public interests to continue this, to provide the same service with a paid ambulance service squad which is done in some cities and towns would costs many, many times the proposal that we will submit at the hearing. COUNCILMAN MONAHAN-I would like to say irregardless of cost, I feel our service is better with a volunteer company than with any paid firm that there are around. RESOLUTION APPROVING A LOCAL LAW TO LICENSE MOBILE HOME PARKS AND TO REGULATE THE OPERATION OF MOBILE HOME PARKS WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO. 53, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury wishes to license and regulate the operation of mobile home parks within the Town of Queensbury, and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on February 11, 1986 at 7:30 P.M. at the Queensbury Town Office Building at which all persons were heard both in favor of an opposed to such proposed local law, NOW, THEREFORE BE IT RESOLVED, that Local Law entitled "A Local Law to License Mobile Home Parks and to Regulate the Operation of Mobile Home Parks within the Town of Queensbury" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: Mr. Borgos Absent:Mr. Kurosaka LOCAL LAW NUMBER 1 1986 A LOCAL LAW TO LICENSE MOBILE HOME PARKS AND TO REGULATE THE OPERATION OF MOBILE HOME PARKS WITHIN THE TOWN OF QUEENSBURY SECTION 1. It is the purpose of this section to regulate mobile home parks to encourage the development of well planned mobile home parks, to protect the health, safety, and welfare of persons residing within mobile home parks and to prevent diminishing in value to adjoining properties. The term "mobile home" and "mobile home park" shall have the definitions set forth in Section 2.020 (a)(69) and (70) of the Town of Queensbury 4 Zoning Ordinance. SECTION 2. Mobile Home Park License. a. Application Requirements. Written application for a mobile home park license shall be filed with the Town Clerk. Said application for a license shall include the following information: 1. Names and addresses of all applicants, if an individual or partnership, and the names and addresses of principal officers of a corporation; 2. Name and address of owner (s) of land on which the mobile home park is to be located; 3. Location map showing the property and all properties within 500 feet of the exterior boundaries thereof; 4. A map of a survey including a layout of the proposed park prepared by a licensed professional land surveyor to a scale 1" = 40' or 1" = 50' clearly showing: the park boundary; topographic features including existing grade contours at a 2 - foot interval, U.S.C.S. Datum; mobile home lot lines; parking areas, recreation and open spaces, roads and driveways; all watercourses, lakes, ponds and wetlands; easements and rights-of-way; existing man-made features including power lines; pipelines, buildings and structures; and areas within the designated 100-year flood plain. 5. A copy of all contemplated park rules, regulations and covenants, management and tenant responsibilities. 6. An environmental assessment describing the potential environmental impact of the proposed park on the adjoining area and the Town of Queensbury, and proposed actions to minimize potentially adverse environmental impacts; additional environmental information may be required in accordance with the provisions of the State Environmental Quality Review Act; 7. Such additional exhibits the developer may feel necessary to describe the project and its compliance with the requirements of this Local Law. b. Application Procedures. Upon filing the application for a mobile home park license with the Town Clerk the following procedures shall apply: 1. The Town Clerk shall notify the Town Board of receipt of said application and said Town Board shall refer the application to the Planning board for Type II Site Plan Review as more particularly described in the Town of Queensbury Zoning Ordinance. 2. Unless mutually extended by the Planning Board and applicant within 45 days after the conclusion of any site plan review hearing the Planning Board shall make a written recommendation to the Town Board for approval, approval with conditions, — or rejection of the application for license. Failure of the Planning Board to make such recommendation shall consider a recommendation for approval. 3. Within 31 days of receipt of the Planning Board' s recommendation the Town Board shall hold a hearing on said application. seven days written notice by ordinary mail shall be given to the applicant and all property owners within 500 feet of the exterior boundaries of the proposed site setting forth the date, time and place of the hearing. 4. Not more than 31 days after said hearing the Town Board a+'8 shall approve, conditionally approve, or deny the application. Written notice thereof shall be sent to the applicant by ordinary mail. C. Renewal of License. A mobile home park license shall be subject to annual renewal by the Town Board. If the mobile home park has not been constructed in accordance with approved plans and specified conditions, or if a violation of this local law shall be found, or if any unapproved changes shall have taken place, the license shall not be renewed until the mobile home park has been brought into compliance. In such case, the Building Inspector shall serve an order upon the holders of the License in accordance with the provisions of this Local Law. d. Licenses for Existing Mobile Home Parks. The owner of any mobile home park existing prior to the adoption of this local law shall apply for a mobile home park license within 60 days from the date of adoption of this local law and such license shall be subject to renewal every August lst thereafter. Upon initial application, the Town Board shall issue a license valid until August 1, 1986. License fees shall be prorated to August 1, 1986. License fees shall be prorated to August lst. Within 90 days of the issuance of said license, the Building Inspector shall serve written notice on the park owner of any violation of this local law which may exist. Except as provided in Section 8, no license for a mobile home park existing at the time of enactment of this local law shall be renewed unless violations cited by the Building Inspector have been corrected or a waiver from the provisions of this ordinance granted by the Town Board and renewal authorized. e. Fees. A Schedule of fees covering a portion of the Town's costs of administering this Local Law is as follows: Application Fee for New Mobile Home Parks - $500.00 Application Fee for Existing Mobile Home Parks - $50.00 Mobile Home Park License - $10.00 per site SECTION 3. Site Requirements. a. Site Size and Location. Mobile Home Parks shall comprise at least ten (10) acres of land. b. Natural Features. Topography, groundwater level, surface drainage, and soil conditions of the site shall be of a character that will not create hazards to the property or to the health and safety of the occupants. No developed portion of the site shall be subject to excessive settling or erosion. A sloping site should be graded to produce terraced lots for placement of the mobile home units and, in general, units should be placed parallel rather than perpendicular to the slope. 1. Surface Drainage - Mobile home park plans shall show all proposals for changes in existing surface drainage patterns. All parks shall be graded to prevent ponding of surface water. If any part of the site is located in a floodplain, no structure or mobile home shall be located on any land designated as a 100 year flood plain area as determined by the U.S. Corps of Engineers or other official agencies. Soils - Soils should have sufficient bearing and stability properties to provide adequate support for mobile home installations. Topsoil should be of sufficient depth to sustain lawns, trees, and other vegetation. 2. Natural Features - Mobile home park plans shall show existing tree masses and other notable existing natural features such as streams or rock formations. Such natural features shall be retained as much as possible in the site plan and desities shall be reduced, if necessary, to permit such retention. 42 C. Lot Layout and Unit Placement. Mobile home units may be positioned in a variety of ways within a park, provided that the following requirements are met: 1. Lot Setback - No portion of any lot shall be located within 25 feet of any front, side or rear boundary line and no portion of any lot shall be located within 100 feet of any boundary which adjoins a public road. Unless specifically authorized by the Planning Board, the natural vegetation within the areas above provided shall be maintained and not removed in order to provide natural screening from adjoining properties and public roads. Additional screening may be required. 2. Density - the density of development in a mobile home park shall not exceed 5.5 units per gross acre. 3. Minimum Lot Size - Mobile home lots shall be a minimum of 6,000 square feet in area and shall have a minimum width of 55 feet. 4. Mobile Home Unit Setbacks: Minimum front yard - 20 feet Minimum side yard - 10 feet Minimum rear yard - 15 feet d. Vehicular Circulation and Storage. Drawings indicating the proposed park road layout including connections to existing roads or highways, parking areas and storage areas for auxiliary vehicles, shall be included in all mobile home park plans. 1. Road Construction - Roadways within a mobile home park shall not be less than 30 feet in width and any entrance way from the mobile home park to a public road shall not be less than 50 feet in width for a distance of 100 feet from the public road. 2. Parking: Two off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped in a nearby location to serve several mobile home sites. Parking spaces shall consist of a hard, firm and durable surface. 3. Auxiliary Vehicle Storage: A temporary parking or storage area for travel trailers, campers, snowmobiles and similar auxiliary vehicles shall be provided for the use of the park residents. This provision shall not apply where the applicant prohibits auxiliary vehicle storage by park rules and regulations. No auxiliary vehicle may be parked or stored on a mobile home site, parking area, driveway or roadway for more than 48 hours. e. Park Access. Mobile home parks containing more than 50 units, shall provide for a minimum of 2 independent connections with existing public streets. Such connections shall be designed to allow fire, ambulance, and other emergency vehicles access to the park, even if one connection is closed. One such entrance may be gated if breakable locks approved by the fire district within which the park is located are installed. f. Mobile Home Sales Areas. The display and commercial sale of mobile homes shall not be permitted within a mobile home park. Except a maximum of four mobile homes may be displayed or located on lots meeting the requirements of this local law and used as sale models. g. Community Facilities. If community facilities such as laundry rooms, swimming pools, meeting rooms, and recreation buildings are to be provided as a part of the park, plans indicating design, landscaping, parking and circulation, and provisions for adequate supervision and management of such facilities 41 shall be included as part of the application for a license. h. Mobile Home Site. 1. Support of the Mobile Home Unit - Each mobile home site shall be provided with a stand which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension equal to the width and length of the home and any expansions or extensions thereto. The stand area shall be graded to ensure adequate drainage but in no event shall the grade variance exceed 6 inches i from one end of the stand to the other. 2. Fencing - If fencing of individual lots within the mobile home park is to be provided by the mobile home occupant, standards shall be established by the park owner to ensure consistency of design, size and location. 3. Lighting - All mobile home park roads and lots and facilities shall be furnished with adequate lights to ensure the safe movement of vehicles and pedestrians at night. Such lighting shall be placed to minimize glare. Electric service to such lights shall be installed underground. I. Mobile Home Installation. At the time of installation of the mobile home, the tires and wheels, and the hitch, if possible, shall be removed and the unit shall be securely blocked, leveled, and connected to the required utility systems and support services. 1. Skirting - The mobile home shall be completely skirted within 120 days of occupancy. 2. Entrance Steps - Entrance steps shall be installed at all doors leading to the inside of the mobile home. Such steps and any necessary handrails shall be constructed of materials and meet the requirements for one family dwellings set forth in the New York State Fire, Prevention and Building Code. SECTION 4. Provision of Support Services and Utilities a. Water Supply 1. Mobile home parks within a water district shall be connected to said public water supply system. Outside a water district, a community water system which shall meet all requirements of the New York State Public Drinking Water Standards may be permitted. 2. All community water systems and all connections, distribution methods, and materials used by a mobile home park within a water district shall be approved by a licensed professional engineer. b. Sewage Disposal 1. Mobile home parks shall be served by a properly designed sewage disposal system which shall be certified by a licensed professional engineer. C. Solid Waste Disposal 1. The storage, collection and disposal of solid waste in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. 2. Any solid waste containers stored on individual mobile home sites shall be screened from public view and rodent and animal proof. 44. 3. Disposal of solid waste by burning is expressly prohibited. d. Electric Power 1. The mobile home park electrical distribution shall be installed underground. e. Fuel System. All mobile home parks shall be provided with facilities for the safe storage and necessary fuels. all systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. f. Fire Protection 1. Mobile home parks shall be kept free of litter, rubbish and other flammable materials. SECTION 5. Park Operation and Maintenance. a. Restrictions on Occupancy. 1. In any mobile home park, no space shall be rented for the placement and use of a mobile home for residential purposes except for periods in excess of 60 days. This restriction shall not apply to mobile homes relocated within the mobile home park. 2. No mobile home manufactured after January 15, 1974, shall be admitted to any park unless it bears the seal issued by the State of New York and required by the State Code for Construction and Installation of Mobile Homes. b. Responsibilities of Park Operator. 1. The person to whom a license for a mobile home park is issued shall operate the park in compliance with this local law and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition. 2. The park operator shall notify park occupants of all applicable provisions of this Local Law and inform them of their responsibilities and any regulations issued thereunder. 3. The park operator shall inspect the placement of each mobile home on its mobile home stand and the installation of all utility connections. 4. The park operator shall maintain a register containing the names of all homeowners and the make, year and seal serial number, if any, of each mobile home. Such register shall be available to any authorized person inspecting the park. SECTION 6. Inspection and Enforcement. a. This local law shall be enforced by the Town of Queensbury Building and Zoning Department. Said officers and their inspectors shall be authorized in the performance of their official duties to enter any mobile home park to make inspections necessary to determine compliance with this local law and any other applicable laws or regulations. Such entrance and inspection shall be accomplished at reasonable times or in emergencies, whenever necessary to protect public health and interest. Owners, agents _ or operators of a mobile home park shall be responsible for providing access to the premises to the Building Inspector when acting in accordance with the provision of this local law. b. It shall be the duty of the Building Inspector to make the necessary inspections required every second year for renewal of mobile home park licenses, to investigate all complaints 4-5 made under this local law and to request the Town Attorney to take appropriate legal action on all violations of this local law. SECTION 7. Violations. Violators of any of the portions of this local law shall be guilty of an offense punishable by a fine not exceeding $100.00 and each day that the violation is carried on or continues shall constitute a separate violation. t SECTION 8. Existing Mobile Home Parks. — All mobile home parks licensed by the Town of Queensbury prior to the effective date of this local law may be continued, and all lots set forth n- such licenses shall be deemed approved, but no such mobile hAme park may be altered, extended, or enlarged on and after the effective date of this local law except by application and approval in accordance with Section 2 hereof. Except as hereinafter provided any such application shall be deemed a new mobile home park application under the fee schedule in Section 2. Any alteration of an existing mobile home park which results in bringing the existing park into conformity with the provisions of this local law shall bear an application fee of $50.00. An alteration, extension or enlargement of less than 10% shall require a fee of 10%; any greater percentage change or subsequent change exceeding a total of 10% shall be deemed a new application. SECTION 9. Variances A variance to allow a mobile home park located within a district which permits such use on property which does not otherwise conform to the provisions of this local law may be granted by the Town Board upon finding: a. That the strict application of such provision would result in a specified practical difficulty to the applicant; and b. That the variance would not be materially detrimental to the purposes of this local law, or to property in the district in which the property is located, or otherwise conflict with the description or purpose of this local law or the objectives of any plan or policy of the Town, and that the variance required is the minimum variance which would alleviate the specific practical difficulty found by the Town Board to affect the applicant. SECTION 10. Effect on Ordinance 12 The terms and provisions of this local law shall supersede any provisions of Ordinance 12 of the Town of Queensbury, but all provisions of such ordinance regarding any "transient mobile home court" or mobile homes located outside mobile home parks shall be continued. SECTION 11. Invalidity. If any court of competent jurisdiction shall adjudge and determine that some portion of this local law is invalid, such judgment shall not affect the validity of the remaining portions of this local law. SECTION 12. Effective Date. This local law shall take effect immediately upon the filing thereof in the Office of the Secretary of State. COUNCILMAN BORGOS-I would like to restate my position that I believe 46. that there should be a possibility of conceptual review provided for. Mr. Kenny' s presentation here tonight is an example of the kind of thing I am looking for in the future, for a developer who wants to come before any of the boards with a conceptual idea. The legislation as proposed would not necessarily permit that, I suppose you could waive it but you couldn't as a matter of law waive it. I would propose a two stage provision for the developer to seek conceptual review first before investing the many of thousand of dollars required and then before final approval submit what is required of him. COUNCILMAN MONTESI-I understand your concern, after spending seven years on the Planning Board there are probably some attorneys and builders that have done just that even prior to us having site plan review, it was not uncommon for a planning board to have a developer come in and I would like to run this by you, I would like to have your feeling and — opinion and information as to what I will need. In most cases it was a worthwhile venture for him, I do not think I have gone through any major developments in the seven years I was on the Board where someone —' didn't come in ahead of time . . .we have had them in four times. . . RESOLUTION TO APPROVE LOCAL LAW TO ESTABLISH NO-PARKING REGULATIONS ON NORTHWEST ROAD RESOLUTION NO. 51, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Monahan: WHEREAS, the Town Board of the Town of Queensbury have received requests from residents of Northwest Road to establish a No-Parking zone on Northwest Road, and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on February 11, 1986 at 7:30 P.M. at the Queensbury Town Office Building at which time all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that a local law entitled "A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON NORTHWEST ROAD AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 124, BLOCK 4" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Kurosaka LOCAL LAW NUMBER 2, 1986 LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON NORTHWEST ROAD AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 124, BLOCK 4 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 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 which -' begins at the western termination of the Town Road called "Northwest Road" and descending a distance of 477' along said Northwest Road on both sides and more particularly described on the town of Queensbury Tax Map in Section 124, Block 4. 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. r7 SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF PROPOSED CONSOLIDATION OF THE LAND O'PINES WATER DISTRICT, BROAD ACRES WATER DISTRICT, SHERMAN AVENUE WATER DISTRICT, BIG BAY BIG BOOM WATER DISTRICT, AND MOUNTAINVIEW WATER DISTRICT WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO. 55, Introduced by Mr. Ronald Montesi who moved for its j adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duly conducted a public hearing on the consolidation of the above described water districts with the Queensbury Consolidated Water District, and WHEREAS, the proposed consolidation may be deemed to constitute an action under the New York State Environmental Quality Review Act (hereinafter "SEQRA") ; and WHEREAS, under the implementing regulations set forth in 6 NYCRR Part 617, the Project is an unlisted action, and WHEREAS, the Town Board has caused to be prepared a Short Environmental Assessment Form pertaining to the project, and WHEREAS, the Town Board has considered the testimony adduced at such hearing along with the Short Environmental Assessment Form, and WHEREAS, it appears that no significant environmental impact would result from the consolidation of such water districts as proposed. NOW, THEREFORE BE IT RESOLVED, that it be hereby determined that the consolidation of the Queensbury Consolidated Water District as aforesaid will have no significant environmental impact. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Kurosaka RESOLUTION MAKING CERTAIN DETERMINATIONS IN RELATION TO THE PROPOSED CONSOLIDATION OF THE LAND OPINES WATER DISTRICT, BROAD ACRES WATER DISTRICT, SHERMAN AVENUE WATER DISTRICT, BIG BAY BIG BOOM WATER DISTRICT, AND MOUNTAINVIEW WATER DISTRICT WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO. 56, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore adopted a resolution calling a public hearing on the above entitled consolidation of water districts for the llth day of February, 1986 at 7:30 o'clock p.m. , prevailing time, at the Town Office Building, Town of Queensbury, Bay & Haviland Roads, in said Town as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear' all persons interested in the subject thereof, and WHEREAS, said public hearing was duly held at the time and place set forth in said resolution, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered the evidence given at said public hearing. NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York as follows: SECTION 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: (a) The notice of the aforesaid public hearing was published and posted as required by law and is otherwise sufficient; (b) The consolidation of such districts is in the public interest. (c) The future assessment of all costs of operation, maintenance and improvements of such Queensbury Consolidated Water District shall be assessed upon all the taxable real property in said Queensbury Consolidated Water District at the same time and in the same manner as other Town charges. (d) There are no offices of commissioners of such water district to be abolished. SECTION 2. The resolution shall take effect immediately. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka RESOLUTION APPROVING THE CONSOLIDATION OF THE LAND OPINES WATER DISTRICT, BROAD ACRES WATER DISTRICT, SHERMAN AVENUE WATER DISTRICT, BIG BAY BIG BOOM WATER DISTRICT, AND MOUNTAINVIEW WATER DISTRICT WITH THE QUEENSBURY CONSOLIDATED WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO. 57, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore adopted a resolution calling a public hearing on the consolidation of the above captioned water districts and specifying the 11th day of February, 1986 at 7:30 o'clock p.m. , prevailing time, at the Queensbury Town Office Building, Bay and Haviland Roads, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof, and WHEREAS, such order was duly published in the manner and within the time prescribed by Section 206 of the Town Law and proof of said publication has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duly adopted a resolution determining in the is affirmative the matters set forth in Subdivision 3 of Section 206 of the Town Law; and WHEREAS, it is now desired to adopt a further resolution pursuant to Subdivision 3 of Section 206 of the Town Law, approving the consolidation of said districts; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York as follows: SECTION 1. The Land O'Pines Water District, Broad Acres Water District, Sherman Avenue Water District, Big Bay Big Boom Water District and Mountainview Water District shall be consolidated with the Queensbury Consolidated Water District. SECTION 2. No offices of commissioners of any water district shall be abolished. SECTION 3. The basis for the future assessment of all costs of operation, maintenance and improvements shall be payable from a levy on the taxable real property in said water district which the Town Board -�` of said town shall determine and specify to be especially benefited thereby in the manner prescribed by Subdivision 2 of Section 202 of the Town Law. SECTION 4. Within ten (10) days after the adoption of this resolution the Town Clerk of said Town is hereby directed to publish and post notice of this resolution in the manner required by the provisions of Subdivision 4 of Section 206 of the Town Law. SECTION 5. This resolution is subject to a permissive referendum as provided by Section 206 of the Town Law. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka RESOLUTION TO APPROVE LOCAL LAW TO REPEAL LOCAL LAW NUMBER 2 OF 1976 RESOLUTION NO. 58, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury wishes to repeal Local Law Number 2, of 1976 and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on February 11, 1986 at 7:30 P.M. at the Queensbury Town Office Building at which time all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that a local law entitled "LOCAL LAW TO REPEAL LOCAL LAW NO. 2 OF 1976 WHICH ELIMINATED BUSINESS IMPROVEMENTS PARTIAL REAL PROPERTY TAX EXEMPTIONS" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Kurosaka LOCAL LAW NUMBER 3, 1986 i, LOCAL LAW TO REPEAL LOCAL LAW NO. 2 OF 1976 WHICH ELIMINATED BUSINESS { IMPROVEMENTS PARTIAL REAL PROPERTY TAX EXEMPTIONS SECTION 1. Local Law Number 2 of 1976 is hereby repealed. SECTION 2. This local law shall take effect immediately upon filing with the Secretary of State. COUNCILMAN BORGOS: I seconded Resolution No. 58 of 1986 with the understanding 50 it is prospective from this point on. RESOLUTION OF SUPPORT RESOLUTION NO. 59, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury is not opposed to the Warren Washington Counties Industrial Development Agency participating in the outlet center concept proposed by Mr. David Kenny of Route 9, Queensbury, New York 12845. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:Mr. Kurosaka COMMUNICATIONS Ltr.-Qsby. Planning Board re: approval of the recommendation of rezoning of a portion of Dix Avenue from Heavy to Light Industrial. . .on file. . . Ltr- Mr. Victor Lefebvre-requesting permission to attend Course 41 regarding Code Enforcement-Classes in Albany, N.Y. February 12-13-20-21-26 and 27th 1986. . . on file. . . RESOLUTION TO ATTEND COURSE RESOLUTION NO. 60, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that permission is hereby granted to Mr. Victor Lefebvre of the Queensbury Building Department to attend a course on Code Enforcement in Albany, N.Y. on February 12,13,20,21,26 and 27th 1986 and be it further i RESOLVED, that the Town Board authorizes all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Kurosaka REPORTS -The Town Clerk's Monthly Report-January, 1986 on file -The Building and Zoning Report -January, 1986 on file RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 61, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Audit of Bills as appears on the February 11, 1986 Abstract and numbered 236 through 520 and totaling $256,779.68 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Kurosaka ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY SUBMITTED, DOANDL A. CHASE, TOWN CLERK