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1992-09-10 SPECIL TOWN BOARD MEETING SEPTEMBER 10, 1992 5:00 P.M. MTG#87 RES#483-485 Board Members Present Supervisor Michel Brandt Councilman Pliney Tucker Councilman Nick Caimano Councilman Susan Goetz Councilman Betty Monahan Town Officials Tom Flaherty, EJ Christian, Kathleen Kathe, Ralph VanDusen, Bob Parisi Supervisor Brandt opened meeting. RESOLUTION AUTHORIZING PAYMENT OF FIRE SERVICE AWARDS 1992 RESOLUTION NO. 483, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury, by previous local law, has established a Fire Service A wards Program, and WHEREAS, in accordance with the provisions of the aforesaid Local Law, involved volunteer fire companies and firefighters have submitted participant rosters indicating the number of points to be awarded to each participating firefighter, and WHEREAS, the Town Board previously approved a Resolution setting the interest rate for the 1992 awards at 4.97%, if said awards are paid by September 15, 1992, and WHEREAS, the local law provides for payment of service awards to the following participants, in amounts which have been determined in accordance with the aforesaid Local Law.: NAME & ADDRESS 1/1/92 9/15/92 AMOUNT AMOUNT NORTH QUEENSBURY VOLUNTEER FIRE COMPANY Burkhart, Vernon C. $2,400.00 $2,483.89 Seelye Road Box 186 Cleverdale, NY 12820 SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY Dufour, Allen A. $2,400.00 $2,483.89 12 Queensbury Avenue Queensbury, NY 12804 QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY Martin, Bert $2,000.00 $2,069.91 Box 139A Aviation Road Queensbury, Ny 12804 South, c.P. $1,679.71 $1,738.42 29 Parkview Lane Queensbury, NY 12804 BAY RIDGE VOLUNTEER FIRE COMPANY Chamber, Ralph $2,581.61 $2,671.85 Box 365, Sunnyside Road Queensbury, Ny 12804 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves payment of Fire Service A wards to the above named firefighters, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to take such steps as may be necessary to provide for such payment. Duly adopted this 10th day of September, 1992, by the following vote: Ayes: Mrs. Goetz, Mr. Caimano, Mrs. Monahan, Mr. Tucker, Mr. Brandt Noes: None Absent:None Discussion held regarding Amendments to Zoning. The following Sections of the Amendments to Zoning were pulled for further discussion and possible revisions. Delete Section 2, numbers 1 and 2. Delete Section 8 for further revision in the wording. Section 10, to add sentence to section and present it at Monday's regular board meeting. Section 13, pulled for further revisions. Section 14, Town Attorney to work on and present at Monday's regular board meeting. Delete Section 15. Delete 16, Town Attorney recommended deleting this because the Town Law was amended effective July 1st, 1992 to set out all the requirements. Discussion Held On Inspiration Park. Charlie Adams spoke to the Board regarding the construction of Inspiration Park. Noted that the subdivision is sold out and that they have 42 signed contracts. Mr. Adams noted that the entire subdivision is bonded. Made a request to the Town Board to be able to build all portions of the project in the most efficient and effective way simultaneously. Would like to be able to build the residential units prior to the total completion of the infrastructure. Attorney Dusek-Spoke to the Board regarding Inspiration Park. Essentially three things have to be addressed. One is a policy call as to whether or not the Town Board wants to get into this type of arrangement. The second issue is the laws. The third issue is the nature of the bond. First, the way you enforce this is there is a document issued a performance bond through the United States Fidelity and Guarantee Company they are the ones to back this up. Noted it is critical in the way that this should be set up. The way it has to be set up is that you have to have an agreement with the developer that the infrastructure will be completed in a certain fashion by a certain date. This is something that would have to be present so that you would have a solid mechanism whereby you can say, if it's not done, you can send the documentation with a resolution to the company saying that you want your money. The need for a bond is more than just Town policy. The need for the bond is triggered as a result of two sections oflaw. One is Section 280A of the Town Law that says, building permits cannot be issued on something on either a town street or a street that is shown on a subdivision plat approved by the Planning Department. Section 280A, does provide for a bonding mechanism, the bonding mechanism that is provided under that law is two fold. The Town Board must approve the bonding company the form and the manner of execution and must find that it is consistent with Section 277 of the Town Law. The Planning Board is the board that has to exercise their discretion as to whether to allow a bond, indicate to the Town Board whether the amount of the bond is sufficient to cover the infrastructure cost and also recommend a term of the bond which cannot exceed three years. One section of the law is the part that the Zoning Administrator has to make a decision. It is Subdivision Regulation 183 -17 of the law that says, that no building permit can be issued for a lot that's not on a Town road as mentioned in the Zoning Ordinance. If you go to the Zoning Ordinance, Section 179-70 says that you can't have a principal building except on a public street. There are two ways in which you could read those. You can read them very strictly and say, unless you amend the section there is no way that you can possibly get into a performance bond, that's one way to read this. However, you can also read it to try to bring it into consistency with what is allowed on your Town Law, it doesn't say it supersedes Town Law. I also tried to read it, to try to justify how it is you can put buildings on private roads. I can see this section of law where you can allow a bonding situation and this would be consistent with Town Law 280. Ultimately it's the Zoning Administrators decision to read it and make a decision. If everyone feels comfortable fine, but if someone wants to challenge it, then it goes to the Zoning Board. To avoid that dilemma all together, I don't know that you really can, but the only other way is to go to the Zoning Board and ask for a variance from this section of the law. (Councilman Goetz left meeting at 6:15 p.rn.) Mr. Adams-Noted this was all funded as one project. That they are not asking for people to move into houses, only asking to have permission to begin building houses. The roads would be dedicated and deeded before houses are completed and certificates of occupancies are given. Noted that he has spoken with Paul Naylor, Highway Superintendent regarding the project and that Mr. Naylor is aware of what they are going to do. Councilman Monahan-Questioned if they were asking for snowplowing to be done? Mr. Adams-No. Councilman Monahan-Asked if he could submit to Town Attorney copies of contracts. Mr. Adams-Yes. Noted that the bank has accepted thern. Supervisor Brandt-If the bank has accepted them then we could get a copy of the letter to that affect. Mr. Adams-Noted the closing on the construction note is tomorrow and as a part of that construction loan we have agreed to pre-sell the project. Attorney Dusek-Noted the first step is, if the board would be in favor as a policy move under this type of situation to get involved in a performance bond. Noted he thinks this is a unique situation in terms that we're not talking about issuing CO's for buildings, only talking about issuing building permits. CO's would not come and that would be part of the condition until such time as the road is completed to Town specs. Mr. Adams-Noted that they can't deliver the house because FHA will not clear it or guarantee the mortgage and the bank won't issue the permit financing until those roads are deeded. Supervisor Brandt-Noted that he has no reservation with this project as presented and thinks it should be moved along. Asked for the consensus of the board? Board agreed. Mr. Ralph VanDusen-Superintendent of Water Dept-Noted from the Water Department standpoint, recommended if building permits were going to be issued, they should allow the Water Department to make the water taps prior to the road being accepted. Town Attorney-Recommended that he review this matter with Mr. Parisi. Then the next step would be to draft the documentation, go to the Planning Board to get their approvals and then come back to the Town Board for their approval based on written documentation. Discussion held-Town Attorney has received a call from Mr. Robert Schultz regarding Lake George Sewer Regulations. Has asked if the Town would be interested in joining with him in issuing an affidavit to the Appellate Division that says the Town would like to get out from under the obligations with the Lake George Park Commission. Town Board members noted that they were not interested in becoming involved with this. Discussion held regarding Mailings Made Easy. It was the decision of the Town Board to have Kathleen Kathe write the two companies that submitted their prices and explain what is needed from thern. Discussion held with O'Brien and Gere regarding water study for the Water Treatment Plant. (tape on file) Discussion held concerning Niagara Mohawk's PUD. The Town Board and Planning Board to schedule meeting to discuss this matter. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 484, 92 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session for discussion of personnel. Duly adopted this 10th day of September, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: Mrs. Goetz RESOLUTION TO ADJOURN EXECUTIVE SESSION RESOLUTION NO. 485, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 10th day of September, 1992, by the following vote: All Those In Favor: Ayes All Those Opposed: None Absent: Mrs. Goetz No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury