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1989-10-16 REGULAR TOWN BOARD MEETING, OCTOBER 16, 1989 7:00 p.m. TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza F Councilman Ronald Montesi Councilman Betty Monahan Town Attorney-Paul Dusek PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 586_ , 1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 16th day of October, 1989 by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-John Tremblay Septic Variance-Notice Shown Supervisor Borgos-Opened the Hearing, asked for public input . Mr. John Tremblay-133 Aviation Road, I need to put in a system of my own that meets the requirements of the Town. My property is narrow and over the years we have built here and there, put a garage on, what not, I hope you have a copy of the sketch. The easiest and suggested manner in doing this is to put the septic tank itself in the narrow depressed area between my driveway and my neighbors line it cannot meet the 10 ' requirements, I am asking for a variance to allow a 3 ' difference just for the main septic tank. From there the piping will carry the liquid and water to a dry well which would be at the end of the driveway and would be entirely. . . Supervisor Borgos-You said you wanted a 3 ' variance or to be 3 ' off the line instead of 10 ' . Mr. Tremblay-Well , 3 ' from the line rather than 10 ' . Supervisor Borgos-A 7 ' variance from the 10 ' to allow you to be 3 ' is that correct? Mr. Tremblay-Yes . Supervisor Borgos-Does anyone have any questions? Councilman Montesi-There are not very many alternatives for Mr. Tremblay. Supervisor Borgos-This was pretty well discussed last meeting I believe . Councilman Monahan-Did we find out how far he was from any of the neighbors septic systems? Councilman Potenza-It only shows on this map Betty that there is an existing dry well that will be filled in. Mr. Tremblay-That is actually my dry well even though it is on my neighbors property this is a throw back to thirtyfive years ago . Supervisor Borgos-All of you there have town water, is that correct? Mr. Tremblay-Oh, yes , we were on City then Town. Councilman Potenza-And now all the systems will be on your own property, right? Mr. Tremblay-Yes . Councilman Montesi-The only well water there is 300 ' away and it is at the Civil Defense Center. Supervisor Borgos-That is the underground system. Does anyone have any further questions? Town Clerk Darleen Dougher-There is a letter from Dave Hatin, do you wish that read? Supervisor Borgos-Would you read it . Town Clerk Darleen Dougher: To : Town Board From: David Hatin, Director Bldg . & Codes Enforcement Dated: October 16, 1989 RE: John Tremblay Septic Variance-133 Aviation Road Dear Board Members : This letter is to advise you that I have spoken with Dan Machell , New York State Department of Health. He states that the New York State Department of Health has no reason to review this Septic Variance because it is a property line set back variance and has no effect on the environment. He feels that it is a decision by the Board to either allow or not allow a septic tank to be placed closer to the lot line . There is no impact on any adjoining wells or septics as all the neighbors are on Town water and the Civil Defense well is located 300 feet or more from the proposed seepage pits , which is twice the distance required. It is my opinion that this is a Board decision whether they want to allow a septic tank to be placed closer than 10 feet from a lot line . If you have any questions or comments I will be happy to answer them at another time, unfortunately a previous obligation has not allowed me to attend this meeting . Sincerely, /s/ David Hatin Supervisor Borgos-Does anyone else have any questions? Any further comments from anyone in the audience with questions, anything further you would like to say at this moment? Mr. Tremblay-No, other than perhaps that the one individual that I felt this would, the concern would be was Mrs . McCulla and although she is not here she has told me that she has no objections in fact, I spoke with her again tonight just to explain full the system. . . Supervisor Borgos-Thank you, hearing no other call for an opportunity to speak we will close the Public Hearing and Thank you. While this is in front of us will you read the prepared resolution. RESOLUTION APPROVING VARIANCE REQUEST OF JOHN TREMBLAY RESOLUTION NO. 46, 1 989, Introdi­-' Marilyn Potenza 37L. WHEREAS, John T-Imblay previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinagce of the Town of Queensbury, such provisions being more specifically, those requiring that there be a 10 foot separation between the septic tank and the property line, and WHEREAS, Notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on October 16 , 1989, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to John Tremblay, allowing a 3 ' seperation between the septic tank and the property line, and a. That there are special circumstances or conditions which justify allowing the 3 ' separation from the property line in that the lot size is too small to accommodate the 10 ' distance required, and b. that due to the nature of the variances , it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purposes and objectives of any plan or policy of the Town of Queensbury . C . that the Local Board of Health finds that the granting of the varainces is necessary for the reasonable use of the land and that the variances are granted as the minimum varainces which would alleviate- the specific unnecessary hardship found by the Local Board of Health to affect the applicant, and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted this 16th day of October, 1989 by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi, Mrs . Monahan Mr. Borgos Noes : None Absent: None RESOLUTION TO ADJOURN AS QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 47, 1989, Introduced by Mr. Geroge Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi : RESOLVED, that the Queensbury Board of Health hereby adjourns . Duly adopted this 16th day of October, 1989 by the following -- vote: Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes: None Absent:None QUEENSBURY TOWN BOARD Shirley Nash-Sanders Road-I need a perminent permit . Supervisor Borgos-Instead of a temporary because if you were not here the last time this was advertised the form was filled out incorrectly somehow and the public hearing was held, was held for a temporary rather than a permanent I am sure we covered most if not all the issues at that time . Does anyone have anything further to add or any further questions to ask? Town Attorney Dusek-Could Mrs . Nash at this point, just for the record tell the Board why it is that she needs , what are the extenuating circumstances or hardships in this particular case? Mrs . Nash-Our house that was on our property we had to tear down because we could not get insurance on the house, we had a fire and we lost most of the power in the house . Town Attorney Dusek-And this is the most practical way that you have at the moment of . . . Mrs . Nash-Yes . Supervisor Borgos-Anyone else? We do not mean to seem like we are rushing through these but we went in great detail the last time . Any further questions or comments? Hearing Closed. 7 : 14 P.M. RESOLUTION APPROVING MOBILE HOME BUILDING & ZONING PERMIT RESOLUTION NO. 587, 1989, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi : WHEREAS, Harold Nash and Shirley Nash previously filed an application for a mobile home building & zoning permit in accordance with Paragraph 2, Section 4 of the Ordinance #12 for the regulation of mobile homes and mobile home courts in the Town of Queensbury, to permanently locate a mobile home at property situated at RD#3, Sanders Road, Queensbury, New York, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the permit request on October 16, 1989, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that, after reviewing the Short Environmental Assessment Form submitted by the applicant, all questions concerning environmental impacts should be answered in the negative and that there should be no adverse environmental impacts associated with the action and the Town Supervisor is hereby authorized to file and accordingly complete Part III of the said Environmental Assessment Form and issue, as may be necessary, a formal Negative Declaration, and BE IT FURTHER RESOLVED, that the Town Board hereby finds that the application of Harold and Shirley Nash is satisfactory and that facts have been presented demonstrating a hardship or extenuating circumstances, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Clerk to grant a revocable Mobile Home Building & Zoning Permit allowing Harold Nash and Shirley Nash to place a mobile home on property located at RD#3, Sanders Road, Queensbury, New York in accordance with the terms of the Ordinance . Duly adopted this 16th day of October, 1989 by the following vote : Aona`Fi'an, `ir . Bo - os Noes : None Absent: None OPEN FORUM Supervisor Borgos-Announced that there are three openings on the Planning Board and one on the Zoning Board of Appeals and one on the Recreation Commission, applications still being taken until one week from today . Councilman Montesi-Spoke on the well tests run on the well at the Ridge/Jenkinsville Road park. . .the next reading will be done in June . . . . I am happy to report that, that well is clean. Supervisor Borgos-Tomorrow morning at 11 : 00 A.M. there will be a ground breaking ceremony for the State Police Satellite Office . Mr. Fred Fisher--Director of the Hyde Collection-Thanked the Town of Queensbury and people for their generous contributions to our capital campaign and our general operation. Handed out copies of a brochure promoting the Hyde . Grand Opening November 10th Asked for further support. . . OPEN FORUM CLOSED RESOLUTIONS RESOLUTION TO APPROVE MINUTES _RESOLUTION NO. 586, 1989, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi : RESOLVED, that the Town Board Minutes of August 30th, September 11th and October 6th 1989 be and hereby are approved. —: Duly adopted by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent: None RESOLUTION AMENDING RESOLUTION NO. 573 RESOLUTION NO. 58_9,_1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, by previous resolution, the extension of Hillside Drive was dedicated to the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that Resolution NO. 573, dated October 3, 1989, is hereby amended to. read as follows : Road Number: 409 Description: An extension of Hillside Drive, running in a northeasterly direction Name : Hillside Drive (Northeasterly portion of) Feet: 500 Duly adopted this 16th day of October, 1989 by the following vote: Ayes : Mr. Kurosi!l a, Mrs . Potenza., Mr . Montesi , Ma: s . Noes : None 3� � Absent : None RESOLUTION AUTHORIZING THE PURCHASE, OF A CONCRETE BOX CULVERT BRIDGE TO REPLACE AN EXISTING BRIDGE ON CRONIN ROAD IN THE TONW OF QUEENSBURY AT A MAXIMUM ESTIMATED COST OF $35, 000.00 AND AUTHORIZING THE ISSUANCE OF $35, 000.00 IN SERIAL BONDS OF SAID TOWN OF QUEENSBURY TO PAY PART OF THE COST THEREOF RESOLUTION NO. 590, 1989, Introduced by Mrs . Marilyn Potenza who moved its adoption, seconded by Mr. Ronald Montesi : WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the purchase of a concrete box culvert bridge to replace an existing bridge on Cronin Road in the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury as follows : SECTION 1 . The specific object or purpose to be financed pursuant to this resolution is the purchase of a three sided concrete box culvert bridge and other engineering and associated costs . SECTION 2 . The maximum estimated cost of such object or purpose is $35, 000. 00 and the plan for financing thereof is the issuance of $35 , 000 . 00 serial bonds . SECTION 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to Subdivision 10 of Paragraph A of Section 11 of the Local Finance Law of the State of New York, It is hereby further determined that the maximum maturity of the serial bonds herein authoirzed shall not exceed five years and that a five percent down-payment is not required therefore pursuant to Section 107 (d) (4) of the Local Finance Law. SECTION 4. The faith and credit of the said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Unless paid from revenues derived from the aforesaid specific object or purpose, there shall annually be levied on all the taxable real property of said Town of Queensbury a tax sufficient to pay the principal of and interst of such bonds as the same become due and payable . SECTION 5 . Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond aniticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes , is hereby delegated to the Town Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form and contents , and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6 . This resolution shall be subject to permissive referendum in accordance with New York State Local Finance Law, Section 35, and Town Law, Article 7 , and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notice of this resolution as may be required by law. Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos 4MM, Absent : None Discussion held-RE: Placement of Bridge-Highway Supt . Paul Naylor noted that we do have choices , to bid again now, or wait until spring or we could maybe do it ourselves . It might be a good spring project for the highway dept . Councilman Montesi asked how long this project will take? Mr. Naylor- one month. . . RESOLUTION TO ESTABLISH CAPITAL PROJECT FUND FOR THE PURCHASE AND RECONSTRUCTION OF THE CRONIN ROAD BRIDGE RESOLUTION NO. 591 , 1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka WHEREAS, by resolution no . 509 and dated September 11 , 1989, the Town Board of the Town of Queensbury approved and authorized the drafting of specifications for the Cronin Road Culvert Bridge, the request for bids for the purchase of the same, and the acceptance of the bid by Fort Miller Company, Inc . , and by resolution no . 590 and dated October 16, 1989, authorized the issuance of serial bonds and bond anticipation notes to finance the Cronin Road Culvert_ .Bridge purchase and associated engineering costs up to the amount of $35, 000 .00, and WHEREAS , the said Town Board is desirous of establishing a capital project fund and budget for the Cronin Road Culvert Bridge Project . NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a capital project fund for the Cronin Road Culvert Bridge Project, and herby establishes appropriations in said capital project fund in the amount of $35, 000.00 . and the said Town Board establishes estimated revenue for said project fund, to come from the sale of bonds, in the amount of $35 , 000 . 00, and f BE IT FURTHER RESOLVED, that the Town Supervisor be and hereby is authorized to : 1 . assign a capital project rund accounting number to said fund; 2 . establish fund account numbers and line items based on individual contracts let, and as he deems appropriate for depositing and expending funds , and reviewing an accounting for such deposits and expenditures ; 3 . deposit all monies received from the sale of bonds or bond anticipation notes into said capital project fund; 4. pay from said find, subject to Town Board audit, all costs associated with the Cronin Road Culvert Bridge, including engineering costs, survey costs , purchase costs , construction costs, and other usually associated expenses , and BE IT FURTHER - RESOLVED, that the Town Supervisor is hereby authorized and directed to establish a separate bank account for the aforedescribed .capital project fund, and BE IT FURTHER RESOLVED, that to the extent necessary, the Town of Queensbury budget for 1989 is hereby amended accordingly . Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None RESOLUTION RETAINING FIST FROST FOR ADDITIONAL 3� SPECIFICATIONS ON GENERATOR BUILDING RESOLUTION NO. 592, 1989,_ Introduced by Mr. Ronald Montesi who moved its adoption, seconded by Mr . George Kur-osaka: WHEREAS, the Town Board of the Town of Queensbury, by Resolution No . 569, dated October 3, 1989 , previously authorized the retaining of Pi st Fr, ost Agsoriat-PG , draft necessary plans and specifications for the construction of a foundation for the Generator Building Plant to be budlt for the housing of a generator for the Queensbury Consolidated Water District, and WHEREAS, Tom Nace, of Rist Frost. Associates , PC, has advised that, in drafting the plans and specifications for the foundation, it would be necessary to draft and plans and specifications that will be used in connection with the bidding for the pre-engineered or pre-manufactured building that the Town plans to buy as well , in order that the two projects may be coordinated with each other and assure the efficient and effective completion of the same , NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services of Rist Frost Associates , PC to prepare performance specifications and bidding document for a pre-engineered building sufficient to size to house an emergency generator, previously purchased by the Town of Queensbury, a switch gear and small maintenance shop, and BE IT FURTHER RESOLVED, that the preparation of the aforedescribed performance specifications will be coordinated and compatable with the specifications for the foundation of said generator building, previously authorized by resolution of this Board, and BE IT FURTHER RESOLVED, that Rist Frost Associates, PC be retained to review the contractor prepared shop drawings for the foundation and pre-engineered building after bids are received and, if desired by the Town Board, awarded for the ocntracts for installation of the foundation and purchase of the aforesaid pre-engineered building, and BE IT FURTHER RESOLVED, that the amount to be to Rist Frost Associates , PC shall be based upon the hourly wage rate that has been agreed upon with the Town by way of contract, with the total amount to be paid Rist Frost for both the foundation and specifications for pre-engineered generator buiidng not to exceed the amount of $8, 000 . 00, and BE IT FURTHER RESOLVED, that the amounts due Rist Frost Associates , PC for the work performed pursuant to this resolution shall be paid for from Account No . W12759951900 . Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 593, 1989, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs . Marilyn WHEREAS, certai: Department in the Town of Queensbury wish to transfer, funds because of a lack of funds in certain accounts, and WHEREAS, the Town Supervisor of the Town of Queensbury has reviewed the Departments ' requests for transfers of certain funds and has approved the same , NOW, THEREFORE BE IT RESOLVED, that the following funds be transferred in the following manner: Dog Control Officer, PT From: A1853510165 To : A1853510441 $ 300 . 00 Dog Control Gas Officer PT Town Clerk From: A1455132 . 308 To : A1451620 . 401 $8 , 000 . 00 Gas Dispense Office Supplies System From: A1051410401 To : A1051410408 $ 500 . 00 Office Supplies Advertisement Building and Grounds From: A1455132308 To : A1451622406 $3, 000 . 00 Gas Dispense Service Contracts System and Warranties Building & Codes From: A2158010420 To : A2158010409 $1 , 000 . 00 Zoning Ordinance Conference Expense Receiver of Taxes From: A0651330201 To : A0651330403 $ 150 .00 Office Equipment Postage Duly adopted this 16th day of October, 1989, by the following vote : Ayes: Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent: None RESOLUTION TO APPOINT CLERK RESOLUTION NO. 594, 1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury, pursuant to Section 20 of the Town Law of the State of New York, has the authority to employ such employees as are necessary to manage Town of Queensbury business , and WHEREAS, the Town Board of the Town of Queensbury is desirous of filling the recently vacated position of Clerk in the Building and Codes Department, NOW, THEREFORE BE IT RESOLVED, that Jill J . Dunkley is hereby appointed to said position and that the bi-weekly salary of Jill J. Dunkley as Clerk shall be based upon the hourly rate of $6 .45 and that she will commence work on October 19, 1989, and be paid from the appropriate account such account number to be designated by the Town Supervisor. Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : None RESOLUTION TO APPOINT SENIOR TYPIST RESOLUTION _ 595,_ 1989, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mr . George Kurosaka : WHEREAS, the Town Board of the Town of Queensbury, pursuant to Section 20 of the Town Law of the State of New York, has the .authority to employ such employees as are necessary to manage Town of Queensbury business, and WHEREAS, the Town Board of the Town of Queensbury is desirous of creating an additional full time Senior Typist Position in the Planning Department, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates an additional full time Senior Typist Position in the Planning Department of the Town of Queensbury, and BE IT FURTHER RESOLVED, that Maria Gagliardi is hereby appointed to said position and that the bi-weekly salary of Maria Gagliardi as Senior Typist, shall be based upon the hourly rate of $7 . 50 and she is to commence work on October 25, 1989, and be paid from the appropriate account, such account number to be designated by the Town Supervisor. Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent: None RESOLUTION AMENDING SPECIFICATIONS - CONTRACT NO. 1 - 1989 QUAKER ROAD WATER TRANSMISSION MAIN RESOLUTION NO. 5.9_6, _1989, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of ordering the amendment and revision of specifications for Contract No . 1 - 1989, 16" Diameter Quaker Road Water Transmission Main, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby requests and orders that the work being performed by Schultz Construction, Inc . , pursuant to plans and specifications and bid documents entitled Queensbury Consolidated Water Distict, Contract NO. 1-1989, 16" Diameter Quaker Road Water Transmission Main, datged August 1989, be revised and amended to provide for deletion of the specification calling for the placement of a 30" steel casing by boring, pursuant to Item 4 . 1 of the Contract Specifications, and replacing said specification with or amending the specification to require the placement of the same steel casing by way of an open-cut method, with the exact details of such to be prepard by the Engineers for the Town, The Sear-Brown Group, and BE IT FURTHER 11 TIC, 1r If". . 1L 1 1L - - 1 -it L4_ _ ___._.._..1... _._ � .1 f I 1 . • .- Duly adopted this 16th day of October , 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes: None Absent : None RESOLUTION TO UNTABLE RESOLUTION 532 OF 1989 RESOLUTION NO. 597, 1989,_ Introduced by Mr . Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn - Potenza: RESOLVED, that Resolution No . 532 of 1989 entitled RESOLUTION AUTHORIZING CONTRACT WITH NEW YORK FIRE AND SIGNAL CORPORATION be hereby brought back onto the floor. Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent :None RESOLUTION AUTHORIZING CONTRACT WITH NEW YORK FIRE AND SIGNAL CORPORATION RESOLUTION NO. 532, 1989, Introduced by Mrs . Marilyn Potenza who moved for its, adoption, seconded by Mr. Ronald Montesi : WHEREAS, the Town of Queensbury is desirous of engaging the services of New York Fire & Signal Corporation for purposes of arranging for the repair and replacement of traffic control devices and components thereof as may be necessary and desirable by the Town of Queensbury, and WHEREAS, New York Fire & Signal Corporation desires to offer to the Town of Queensbury the services of repairing and replacing all traffic control devices and components thereof as may be necessary and desired by the Town of Queensbury, and WHEREAS , a contract for said services with New York Fire and Signal Corporation has been prepared, and WHEREAS, the aforesaid contract has been reviewed and approved by the Town Attorney of the Town of Queensbury, and said contract is presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and the Town Supervisor is hereby authorized and directed to execute the contract for services with the New York Fire and Signal Corporation, and said contract shall be filed with the Town Clerk of the Town of Queensbury. Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr . Borgos Noes : None Absent: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WHEEL TYPE LOADER WITH TOOL CARRIER PACKAGE FOR TOWN OF QUEENSBURYJCITY OF GLENS FPJ,LS LANDFILL. who moved for its adoption, seconded by Mr . Ronald Montesi : 3P�w WHEREAS , the Town Board of the Town of Queensbury is desirous of purchasing a wheel type loader with tool carrier package in accordance with specifications presented at this meeting, and WHEREAS , pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award +-hp said proposed contract and purchase to the lowest responsible bidders meeting New York State Statutory Requirements , and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that an advertisement for bids and bid documents be prepared in a form to be approved by the Town Attorney, for the purchase of the said wheel type loader and tool carrier package and the said advertisement be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until , but not later than November 6, 1989, at 2 :00 p.m. , and that the bids will be publicly opened and read at 2 : 05 p.m. , by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the office of the Town Clerk of the Town of Queensbury, at 2 : 05 p.m. , November 6, 1989, read the same aloud, and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury.. Duly adopted this 16th day of October, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent: None COMMUNICATIONS Ltr. - Dept. of Transporation- RE: Speed Limit-Glenwood Avenue-no change in speed limit. . . on file . . . Discussion regarding McDonald Subdivision Town Attorney Paul Dusek-You recall a group of people came before the Board probably three weeks ago, at one of the meetings and the Board directed me to investigate and T review the questions concerning Sherman Island Road and the McDonald Subdivision. The question was, there are new roads being plannned in the McDonald Subdivision and the issue is whether or not the Board should be even looking at possibly accepting those roads for dedication in light of certain complaints being made about the Sherman Island Roads and the congestion that is occuring on those roads and also some problems residences have complained about concerning being about to turn off from Sherman Island onto Corinth Road. Basically, first of all I went out to the site with Mr. Naylor and we looked over the physical situation, basically what you see, right off of Corinth Road and Sherman Island Roads the intersection off from Corinth Road is that when you try to make a left from Sherman Island onto Corinth the visibility down the road is not such that you can really see for a long distance . The people are concerned about _ 38'2. into, down the road takes a very sharp 90 degree bend and the concern was when trucks go down those roads they sometimes according to the residences will swing out and there is a concern that cars going down those roads or pedestrians on those roads are , their safety is of concern . Those are the two points that I did infact notice when I. was out looking at the road situation, but then I proceeded further into the McDonald Subdivision as that was the part. of what was asked me to consider how that relates to this whole thing and what. the Board can do legally . We drove around the roads in the McDonald Subd. according to Paul Naylor I believe he has issued a letter, they are to Town specifications . The roads themselves do not appear to be causing any particular problems in and around the subdivision or where they intersect Sherman Island Ave . I think the concern seems to be more of what. will. the congestion of more houses do to the Sherman Island intersection, and the right angle matter . Basically the questions that I see before khis Beard are primarily that of road dedication and whether or not this Board should either- deny the acceptance of the road or in some manner condition it or go ahead and accept it I guess basically are your three options . Basically I note in my legal research that under the Highway Law there is a provision in both the law and in as well as cases and some comptroller opinions and Attorney General positions that say basically the dedication or acceptance of dedications of roads are entirely up to the Town Board. There is discretion here on the part of the Town Board as to whether they want to take them or not take them. Nobody can make you do that . That is the general case law rule and as well as the stautory backup, however when you start with that premise then the next step is to go and look through your ordinances and find out where you have committed yourselves to some extent to indicate what you will do . As I have in the past talked with many officers and employees of , the Town basically I always look to two aspects primarily. One , is your authorization and then your past performance or you past actions . Past actions have been basically that you followed your zoning and subdivision regulations which set forth the criteria which also is your authority primarily in this case . The zoning ordinance provides that you cannot build a house unless , or houses cannot front on anything other than a public road and that is pursuant to Article 7 , If the developer were not to be able to utilize the road he could not in turn build houses . If that is the case questions of confiscatory type move would come up as to whether you were depriving him the use of his property after he has been through a subdivision approval . That is one aspect of the thing that has to be taken a look at . Secondarily, if you go to the subdivision regulations which deal with the right of the town to accept roads for dedication I know particularly that there is a clause in the regulations that state that the Town Board shall in considering an offer of dedication of a roadway have the right to reject the same if all other municipal improvements concerning the lots fronting on the said roadway are also not complete or also reasons of public safety. So there are two criteria set forth in the subdivision regs . that would afford you a right of rejection but it is my opinion basically that is where you pretty much are confined to in considering this . In looking at the two items, municipal improvements concerning the lots fronting on the roadway, well that does not seem to be an issue here --� so the other one is also reasons of public safety. Well , I have to read that at least my, based upon my legal experience and although I cannot say that I found a case that actually deals with this on point but just my overall legal reasoning tells me that reasons of public safety have to mean to refer to the roads actually being dedicated and not to the road adjoining those that are being dedicated . Presumably the Planning Board when he went through the process would have considered all these other aspects . That is what their job is and I think that is what a Court would hold. So, at the moment, that is what I find in my legal research, that is what I find in my actual on site review. If, certainly the Board can if it wishes obviously undertake other actions to address the Sherman Island Road situation, b�zt as faa:- as thr� lndi.vl �lual roads Jln the 5-1.1.bdivision aD Councilman Montesi-There was a question of concern of the adjoining residences to that subdivision and one of the things that they had tentatively proposed as an alternative was that perhaps there should be an outlet of that subdivision on Corinth Road other than Sherman Island Road . That made some senses.,- except that that was the privy of the Planning Board to do'.- A` subdivision is subject to a public hearing prior to the final approval so that, I do not know whether there was input to the Planning Board at that time or not, but they did not consider coming out on Corinth Road. I am not sure we legally could. If we felt that before dedication was in order we would want to see an entrance there. How could that happen by the Town Board other than just a total rejection of the roads and say the only way we would accept it would be to have another entrance . Town Attorney Dusek-I always carry these things out I suppose to their natural conclusion and that is what if the parties cannot agree then the Court decides and it is my opinion that if the Town Board were to reject the roads based upon the argument that they want to have the road going from Corinth into the Subdivision utilizing one of those subdivision roads my bet on that would be that you would probably lose . The reason for that is that the Court would probably say well the Planning Board is the one that is vested with the power to review the subdivision to determine how the road layout will be and how it will intersect Sherman Island Ave . and they would also probably further say that the Town Board has restricted itself somewhat in its own subdivision regulations at this point and then carry it out one step further they, I think they would also point out that the Town has recourse and that is that once it accepts the roads if it wanted to go through a condemnation proceeding to condemn that portion of the property down at the end and open up that road that certainly would be you know an avenue for the Town Board and that would also provide for compensation to the landowner at the point. I think that would be the suggested, that would be my guess as how the court would decide this . Supervisor Borgos-Now that this concern has been brought to our attention, maybe we could hear from Mr. Naylor who has been kind of busy, but is there a chance that we could do something with the visibility or with the curve to try and resolve that problem? I do not know what all the options are I think we ought to look at them. Paul H. Naylor, Queensbury Highway Supt.- I think at the last meeting we discussed this I turned around to the people that owned the property and verbally asked them if I could clean their land and they said no . As a road by use which our legal dept. can tell you it is just what we own the blacktop. We can, can we own a three rod road and that at 38 cents will get you a cup of coffee anyplace in town. Supervisor Borgos-Is it a serious enough situation do you think that we should look at perhaps moving the Town road a bit? Councilman Potenza-But, why move the entrance from the . . . Paul H. Naylor-The entrance is not the problem it is the corner which we widened and stole a little bit along— its , the brush could be cut on that corner it would help like the dickins . Maybe some lines down through there to keep them on the right side of the road that might help. Councilman Potenza-Excluding cutting the trees, if the brush were cut . . .would help. Councilman Montesi-The corner, whether there are thirty more houses in there on Sherman Island Road or not it is still unsafe, I do not want to say unsafe the visibility is poor. aPau1tH. N,>ylur-T :e sight distance is lousy . Councilman Montesi-Whether there is another thirty homes oi: not it is still . . Paul H. Naylor--I have argued with engineers and traffic analysis for a long time and I think a lot of -times it has proved out. You can take an intersection right out here and you can see a long ways both ways and there is probably an accident everyday. I can take you on corners where people are scared to death to inch out and there has never been an accident there . Because they are scared of what they cannot see they take that extra caution to pull out where out here they play Russian rouletTE maybe I can beat the guy. Sometimes I wonder which is the best way to approach these things . Councilman Potenza-I think there was a concern mentioned at the last meeting too , with the fact that children met on that corner to be picked up by the Queensbury School busses and it might be adventageous to go to the Board of Education and recommend that the school bus stop be moved. further down on Sherman Island Road so that bus would indeed have to pull in and perhaps to the next corner . Councilman Kurosaka-What about going around through the subdivision they do that in mine . Councilman Potenza-Whatever the recommendation of the group would be it would be advantegous to whether to move . . . Paul H. Naylor-1 know the transportation supervisor is very easy to work with, if there is a way he can do it he will do it. Supervisor Borgos-That will solve one problem but it will not take are of the curve . Do we own the land where the brush is? Is that shoulder area? Paul H. Naylor-No.. It is a road by use, we own the blacktop. Town Attorney Dusek-There may be something we can do in that area, that would involve a little bit further work on my part if that is what the Board wants to try. . . Councilman Kurosaka-Is there such a thing as a clearing easement through condemnation? Town Attorney Dusek-Sure . Councilman Kurosaka-I assume that there are a lot of people that are dead against the cutting, they probably think that by condemnation we cut a 25 ' swatch down through there so you can see around the corner it is vicious , that corner it scares the day lights out of me . Paul H. Naylor-If you stay on your own side you are all right if you get to wandering you are going to get hit . Supervisor Borgos-Can you get a line painted in there yet this year? Paul H. Naylor-It is too late now. Supervisor Borgos-The Board has no official action to take at the moment there is no resolution pending before us . We --° are recognizing the concerns of the citizens , Mr. Naylor is going to go out and look at it some more . Mr. Dusek will do some more legal research. Town Attorney Dusek-My efforts to date have been concentrated on the road in the subdivision and the dedication aspect of it but I can certainly now, if that is the Boards wish and look at that corner and see if I can do something there with Mr. Naylor. Counci lman Po"-enz 7 r} may , )t be P ))_id 1 +"tea, if i.e wcote s=i. they would give us their permission . It is not removing trees its brush . Councilman Kurosaka-There are trees there too . Councilman Potenza-But , according to Mr . Naylor it is no+. the trees that are the problem the problem is khe brush . Councilman Montesi-Lets assume that, that particular neighbor was hopeful that maybe the only option that the Town Board would have to not accept those roads now with the legal foremat infront of us it says that we do not have too many alternatives not to accept those roads they might have a change of heart and let us do a little bit of the clearing. I do not now, it might be worth at least calling them. Town Attorney Dusek-If the Board would like I can contact them and see what we . . . Councilman Potenza-It is always nicer to do something on the pleasant. . . Councilman Montesi-How do we stand on Colonial Court , re : drainage . . . Paul Naylor-The engineers have not gotten back to me . Councilman Kurosaka-Presented the Town Board with the following petition. . . . . .The West Mountain area has grown considerably over the last few years causing a sharp increase in traffic on West Mountain Rd. Numerous accidents have occurred, the latest, on Oct . 6, 1989, being fatal . It' s time to recognize that West Mt. Rd. is, in fact, a residential area and should have a residential speed limit of 40 MPH, This 4. 6 mile section of road has 109 driveways , 28 side streets and 6 business entraces , many of them hidden by curves and trees . This is an average of one traffic entry point every 170 feet . Stated another way, at the current 50 MPH speed limit, drivers have the opportunity to encounter entering or exiting traffic every two and a third seconds . In addition to the traffic , the road is shared by; children, pets, pedestrians, joggers , bicyclists, horseback riders and in the winter, snowmobilers . Without a speed limit change, the dangers of congestion on this road will only get worse . In the past five years , five housing developments have been built in the area . More lots are available on West Mt. Rd. as are 33 acres at the old cement plant site . Of course the planned West Mt . Development will add significantly to traffic congestion in the area. Lowering the speed limit on West . Mt . Rd. is the best thing we can do to ensure safe conditions near our homes . We, the undersigned residents of the West Mountain Road area, hereby petition the Town of Queensbury to lower the speed limit on a 4 .6 mile section of West Mt . Rd . from Corinth Rd. on the south to Mt . View Rd. on the north, from 50 miles per hour to 40 miles per hour. (approximately 200 signatures) (petition on file) RESOLUTION TO REQUEST LOWER SPEED LIMIT RESOLUTION NO. 599, 1989, Introduced by the Entire Town Board WHEREAS , a petition has been presented to the Town Board of the Town of Queensbury requesting that, that part of West Mt. Road running from Corinth Road to Mt. View Lane n.......v, ..1.: ..n r..... A / ...1 1 �. L.... ... ..._ ..J. .1 L L_1 .1.L WHEREAS, the Town Board in being fami. l i.a.l with West Mt 1'.rjad. feels that the balance of West. Mt . Road running from Mt . View Lane to Gurney Lane should also be reduced from 50 MPI1 to 40MPH NOW, THEREFORE BE IT RESOLVED, that in accordance with Section 6 . 2 of the Vehicle and Traffic Law of the State of New York that the Town Clerk of the Town of Queensbury is hereby authorized to send the proper forms to the Department of Transportation through the Warren County D .P .W. requesting that the speed limit be lowered for the entire length of West Mt. Road from Gurney Lane through to Corinth Road such that the Speed Limit will be 40 MPH instead of the current 50 . Duly adopted this 16th day of October, 1989 , by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent:None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION _NO. 60.0, 1989, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr . George Kurosaka: RESOLVED, that Audit of Bills as appears on Abstract dated October 16, 1989 and numbered 893067 through 893649 and totaling $1 , 721 , 639 . 92 be and hereby is approved. Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr . Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, i Mr. Borgos Noes : None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 601, 1989, Introduced by Mr . Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza: RESOLVED that the Town Board of the Town of Queensbury hereby moves into executive session to discuss employment records of specific individuals , personnel matter, one matter regarding the hiring or retaining of a corporation and also personnel matter. Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : None RESOLUTION TO RETURN- TO SESSION RESOLUTION NO. 602,1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi : RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Regular Session. Duly dopted t.r � ? 6th ?ay of (;ct.r,�ber, J8 9,l` l;Y, ' , Ayes : Mr. Kurosaka, Mars . Potenza , Mr . Montesi , Mx t Monahan, Mr. Borgos Noes : None Absent :None RESOLUTION CREATING POSITION OF CLERK OF THE WORKS REGARDING THE STATE POLICE SATELLITE OFFICE RESOLUTION NO. 603, 1989, Introduced by Mr . Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Town Board of the Town of Queensbury wishes to create the temporary part time position of Clerk of the Works, to supervise the construction of the building that will house the State Police Salellite Office, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates the temporary part.---time posi.tl.on of C.lerk of the Works and appoints Mr . Angelo Abbenante to said position, at a rate of $1.2 . 00 per hour, not to exceed the total sum of $10, 000 . 00 to supervisor the construction of the building that will house the State Police Satellite Office . Duly adopted this 16th day of October, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent :None RESOLUTION CLARIFYING ELECTRICAL SPECIFICATION FOR NEW YORK STATE POLICE SATELLITE OFFICE BUILDING RESOLUTION NO. 604, 1989,_ Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is interested in clarifying specifications utilizing in connection with the awarding of the bid for electrical contract in connection with the construction of the building to house the State Police Satellite Office Building, NOW, THEREFORE BE IT RESOLVED, that the specifications are clarified as follows : 1 . the Town Board agrees that there has been no provisions made in the specifications for the Niagara Mohawk `— charges if any in connection with the project, 2 . there has been no provision for temporary electrical service, this the Town would have to take care of itself, 3 . there has been no provision for underground electrical service in connection with the electrical part of the project and the Town Board would have to arrange for this itself, 4. the electrical service panel in the building is presumed to be a Two Hundred AMP main breaker type , forty—two circuit, 120/240 volt, 60 cycle, AC Power Panel , 5 . it is anticipated that the contractor will provide power, 'electrical wire and an outlet or connection post for . the heating, air conditioning and ventilation equipment fu?: the building, and 6 . due to a conflict in specifications and correct indications to numbers of ut.l e1.s and lighting fixtures and further thought specifies that the specifications for the basement will indicate the number of outlets and fixtures to be provided . Duly adopted this 16th day October, 1989, by the following vote : vote : Ayes : Mr . Kurosaka, Mrs . Potenza, Mr . Montesi. , Mrs . Monahan, Mr. Borgos Noes : None Absent: None Councilman Montesi-Asked about the parking lot . . . Supervisor Borgos-Mr. Naylor will put the binder coat on after the walls are poured . On motion the meeting was adjourned . Respecfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury 9