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1986-09-23 274 TOWN BOARD MEETING SEPTEMBER 23, 1986 7:36 P.M. TOWN BOARD MEMBERS Mrs. Frances Walte ll - Supervisor Mr. George Kurosaka - Councilman Mr. Stephen Borgos - Councilman Mr. Ronald Montesi - Councilman Mrs. Betty Monahan - Councilman Mr. Wilson Mathias - Town Counsel PRESS: Glens Falls Post Star GUESTS: Mr. Naylor, Mr. Missita, Mr. Bodenweiser, League of Women Voters, Mr. LaFlure, Queensbury Central Chief and Mr. Robert Wescott, West Glens Falls Chief. PUBLIC HEARING 7:34 P.M. Public Hearing to amend the Fire Contracts in the Town of Queensbury...Notice shown. MR. BODENWEISER - Asked what the contract involved? TOWN CLERK - Read the resolution explaining what the content of the amendment was. SUPERVISOR WALTER - Added that it was to allow the Highway Superintendent to plow out the private lands of the Fire Companies in the Town of Queensbury. BRIAN LAFLURE - Chief of Queensbury Central Department, spoke in support to the amendment to their contract, noted that any major storm accumulates large amounts of snow in front of the stations. We have responded to over 270 calls this year and we would like to definitely support this amendment, it will be a major help to us. ROBERT WESTCOTT - West Glens Falls Chief - Supported Mr. LaFlure's comment, that it is important to us, to have the snow removal in front of our stations, being we are also an emergency squad and cover two districts, being Central Queensbury and West Glens Falls. COUNCILMAN BORGOS - Thanked the Fire Chiefs for coming and giving their support for this amendment, which will improve the safety of the people of the Town of Queensbury. SUPERVISOR WALTER- Noted that it is not legal for a public entente to go on private lands and perform any works, could I ask you, Mr. Mathias, does the passage of a resolution by a governing body make something legal to do that. TOWN COUNSEL - That is why this particular contract is set forth as additional consideration declaring an effect that this provides an increase benefit to �J the Fire Companies. SUPERVISOR WALTER - I am not opposed to the town making a pass through j the Fire Companies however, I have been negotiating for a few years now and have a problem with the business aspects of re-opening a contract so shortly after the contracts have been signed. We have a three year contract with our fire companies and why this was not brought up at the negotiating table at the time, I don't know, or when it became so critical. As a person speaking of government as a business I think it sets a very bad precedence and I certainly do not support it at this time. Secondly, I find that we cannot get the town office plowed, our highway superintendent has always indicated that it is his responsibility to get out on the public roads and that he doesn't have time to clear out the area right at the highway garage, so I wonder if it will not be placing an unfair burden on our highway department or in fact his budget 275 for another couple of people and also maybe a new truck, those are my concerns and has nothing to do with helping out the fire companies. COUNCILMAN BORGOS - Wanted to make certain of the origin of this amendment, that there was no pressure from any fire company and this is total and completely his idea. Noted that he had been thinking about it for sometime and because it became critical last January or February when we were hit with major storms. It is not so much opening the contract but finding a legal way of providing a very necessary service. SUPERVISOR WALTER - However we are opening a contract and it should - be noted that fire companies are not part of the government in the Town of Queensbury, they are corporations under themselves and we do contract their �! services. Asked for further comments...none were heard...hearing closed. OPEN FORUM 7:44 P.M. SUPERVISOR WALTER - Asked for input from the public...hearing none...Open Forum closed. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 240, Introduced by Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board minutes of September 10, 1986 be and hereby are approved and be it further RESOLVED, that the Town Board minutes of September 15, 1986 be and hereby are approved with the following amendment Resolution No. 238..RESOLUTION TO ACCEPT BIDS will reflect the acceptance of Single Wall Tanks at $83,351.00. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO.241, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that Bingo License No. 2706 be and hereby is approved allowing V.F.W. Post 6196 to hold Bingo Occasions from October 7th 1986 through January 27th, 1987 and be it further RESOLVED, that this includes two Sunday Bingo Occasions and one Thursday Occasion. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.242, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. 276 RESOLVED, to transfer $5,750.00 from Contingent account #A2351990440 to A2258020440 Planning and Zoning Contractual for Legal, Engineering and miscellaneous expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.243, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLUTION, to transfer $83,531.00 from fund Balance A3310599 to A1451620200 for fuel tanks. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAYS TO BE KNOWN AS QUAIL RUN (NEW), PHEASANT WALK (EXTENSION) AND LAMBERT DRIVE (EXTENSION) RESOLUTION NO.244, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Pro-Craft, Inc. has executed and offered a deed for town roadways not less than fifty (50) feet in width, and an easement agreement for drainage purposes which are more particularly described in Schedule "A" and "B" annexed hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation in the proposed highways which are located within the geographical boundaries of the Queensbury Consolidated Water District and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause a 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, the new road and road extensions be hereby added to the official 277 inventory of Town Highways, to be described as follows: Road No. 422 Description : North/South Name: Quail Run Feet: 427 Road No. 417 Description: East/West Name: Pheasant Walk Feet: 830 Road No. 378 Description: North/South Name: Lambert Drive Feet: 458 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO BET PUBLIC HEARING ON PROPOSED LOCAL LAW TO CONFINE THE BURIAL OF HUMAN REMAINS TO APPROVED CEMETERIES RESOLUTION ENO. 2.45,Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury wishes to confine the burial of human remains to approved cemeteries, and WHEREAS, a proposed local law has been prepared, a copy of which 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 Rds. in the Town of Queensbury, Warren County, New York on the 14th day of October, 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. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION HELD SUPERVISOR WALTER - The law states, bodies may be buried only in areas specified as municipal, religious or non-profit cemeteries unless a bond can be posted for "perpetual maintenance" of a private burial ground There are no laws that we have been able to unearth relative to this and we have had some situations in the Town where we feel that legislation will prevent these things from happening. ,-- COUNCILMAN MONTESI - Stated that he had some inquires if there had been any burials such as this and to the best of his knowledge, other then the established farm cemeteries as is in any rural area, there were none. COUNCILMAN MONAHAN- Asked Town Counsel if this would include the remains of a cremation. TOWN COUNSEL - The intent really is to deal with bodies and as long as you burying, you can sprinkle as much as you want. 278 RESOLUTION TO SET PUBLIC HEARING RESOLUTION NO. 246, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, (Colonial Cablevision, Inc.) and Harron Communication Corp. request the consent of the Town of Queensbury with respect to the transfer and the extension of the Cable Television franchise for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, to set a public hearing on the request for transfer and application for extension of cable televison frachise to be held at 7:00 p.m. on Tuesday, October 14, 1986 in the Meeting Room of the Queensbury Town Office Building, Bay at Haviland Road, Queensbury, New York, and be it further RESOLVED, that a Notice of Public Hearing will be published consistent with the requirements of Sections 592 and 591 of the Cable Commission Rules. Duly adopted by the following vote. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - Noted that the reason for the meeting being changed to 7:00 P.M. is because Colonial Cable is represented in various towns and there are three meetings that night and I specifically asked that Mr. Nolan be here. RESOLUTION TO AMENDS FIRE CONTRACTS RESOLUTION NO.247, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan. Resoluton forthcoming from Town Counsel to be found on page Duly adopted by the following vote. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: Mrs. Walter Absent: None COMMUNICATIONS BIDS- CONTRACT NO.1 BAY STREET FORCE MAIN John Kubricky & Sons 23 Bay Street Glens Falls, New York 12801 Non-Col. attached 5% 260,432.00 Joseph R. Wunderlich, Inc. j P.O. Box 245 Latham, N.Y. 12110 Non-Col. attached 5% 181,409.15 Kilby Brothers Nine Norman Dr. ---. Albany, N. Y. 12212 Non-Col. attached 5% 253,125.00 Memphis Const. Kestner Rd. Memphis, N.Y. 13112 Non-Col. attached 5% 272,195.50 Ltr. Kestner Engineer - breakdown of bid. RESOLUTION TO ACCEPT BIDS "n9 RESOLUTION NO. 248, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, Kestner Engineer, for the Town of Queensbury did recommend that we advertise for bids for Contract No. 1 Bay Street Force Basin and WHEREAS, Four bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher, and such bids were then turned over to Kestner Engineer and WHEREAS, Mr. Kestner has recommended that the bid be awarded to Joseph Wunderlich, Inc. as follows: $181,409.15 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rueensbury hereby accepts the bids as mentioned above and be it further RESOLVED, that the financing for such-taniw is included in the 1986 budget. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - This is the first contract to be let for our new sewer district. This contract is for the construction of the force main which is in the city limits. The Mayor and I have sent a letter to those people along that route letting them know that we will be starting construction and has asked them to be patient with our efforts, that we will replace the sidewalks there. It really marks the beginning of the construction of the sewer district and this should be done as soon as possible and we are indicating that this portion of the project will be completed by mid December. DISCUSSION - was held by the Town Board...recommending that a letter from the Kestner Engineers be kept on file indicating that this contractor is recommended by Kestner Engineers.. Ltr - Stuart F. Mesinger Amendment to Parking Requirements...on file. SUPERVISOR WALTER - The Planning Board has asked that this amendment be considered. The fact that we required too many means that there is an additional blacktop on the property that the Planning Board feels that they would rather have permeable for drainage purposes. COUNCILMAN MONAHAN - Noted that the Zoning Ordinance, depending on what type of location it is, it says they must have so many parking spaces per cubic foot, etc. and have ended up finding out that this is really too much and so they are asking to let them use their own discretion. COUNCILMAN MONTESI - When the Northeast Savings Bank came in, the Mall had to push the front of the wall out into the parking lot and by that one change of building making space, they reached a maximum of rental space that they could have in relation to parking. We are concerned some have too many parking spaces others have too little therefore we should address this ._ with some criteria to work with. COUNCILMAN MONAHAN - The point that Mr. Mesinger makes is that this is a temporary solution while he has a chance to review it and make his recommendation. I really think it is the flexibility the Planning could use temporarily. SUPERVISOR WALTER - Asked the Town Clerk to read the portion of Ordinance to be amended. TOWN CLERK - Darleen Dougher read "...Parking guidelines are specified 280 in Section 7.072 Alternatives to the guidelines specified in Section 7.072 must be approved by the Planning Board." COUNCILMAN MONTESI - Noted that, that was not very temporary. COUNCILMAN KUROSAKA - What are the alternatives? COUNCILMAN MONAHAN - What they are asking for is that the Planning Board temporarily has a right to use their discretion and not go with the guidelines, it is in there and Stuart goes on to say that this change is temporary until he has a chance to consider more comprehensive changes to the parking standards. COUNCILMAN MONTESI - It is counter productive...if you say to a person you don't have to have that many parking spaces, they might make the building bigger so you are not going to gain any open space but more building. COUNCILMAN MONAHAN - Stated that this could not be done because it has to go by the Planning Board. RESOLUTION TO SET PUBLIC HEARING ON THE AMENDMENT TO PARKING REQUIREMENTS ON OCTOBER 14, 1986 at 7:30 P.M. RESOLUTION NO .249 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Frances Walter. WHEREAS, the first paragraph of Section 7.071 be amended to read as follows: "...Parking guidelines are specified in section 7.072. Alternatives to the guidelines specified in Section 7.072 must be approved by the Planning Board." NOW ON MOTION OF Mrs. Betty Monahan, and seconded by Mrs. Frances Walter ORDERED, THAT A MEETING OF THE Town Board of the Town of Queensbury shall be held at the Town Office Building at Bay & Haviland Roads in the Town of Queensbury on the 14 th day of October, 1986 at 7:30 P.M. for the purpose of conducting a public hearing on the amendment of Section 7.071 and to hear all persons interested in the subject thereof, concerning the same, and to take action as may be required and authorized by law, and it is further ORDERED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish a copy of this order in the official newspaper of the Town of Queensbury and to post a copy of this order on the sign board of the Town of Queensbury in the time and manner required by Town Law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 250, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that Audit of Bills a appears on September 23, 1986, Abstract and numbered 27482771 and totaling 126,117.00 be and hereby are approved. Duly adopted by the following vote. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None G C� Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 251, Introduced by Mr. Stephen Borgos who moved for its adopting, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board hereby moves into executive session to discuss personnel matters. Duly adopted by the following vote: s Ayes: Mr. Kurosaka, Mr. Borogs, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None On Motion the meeting was adjourned. RESPECTFULLY SUBMITTED DARLEEN DOUGHER, TOWN CLERK k