1991-01-21
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REGULAR BOARD MEETING
JANUAR Y 21st, 1991
7:00 p.m.
MTG #3
Res. 58 - 76
BOARD MEMBERS PRESENT
STEPHEN BORGOS-SUPER VISOR
GEORGE KUROSAKA-COUNCILMAN
RONALD MONTESI-COUNCILMA N
BETTY MONAHAN-COUNCILMAN
BOARD MEMBER ABSENT
MARIL YN POTENZA-COUNCILMAN
TOWN ATTORNEY
PAUL DUSEK
)
TOWN OFFICIALS
Ralph VanDusen, Tom Flaherty, Rick Missita, Paul Naylor, Kathleen Kathe, Dave Hatin
PRESS: Channel 8, WWSC, Moreau Sun, G.F. Post Star
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS
RESOL UTlON CALLING FOR EXEC UTlVE SESSION
RESOLUTION NO. 58, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by George K urosaka.
RESOL VED, that the Town Board of the Town of Queensbury hereby move into Executive
Session to discuss Personnel, Labor Negotiations/Personnel and Litigation.
Duly adopted this 21st, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos
ø
Noes: None
Absent: Mrs. Potenza, Mrs. Monahan
Councilman Monahan entered meeting during executive session.
I
)
RESOLUTION TO RECONVENE
RESOLUTION NO. 59, 1991, Introduced by George Kurosaka who moved for its adoption,
seconded by Betty Monahan.
RESOL VED, that the Town Board of the Town of Queensbury hereby adiourn from
Executive Session and enter Regular Session of the Town Board.
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosak(), Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
PUBLIC HEARING - PROPOSED LOCAL LAW - RULES & REGULATIONS FOR
OPERA TlON OF WA TER DISTRICTS
7: 36 p.m.
NOTICE SHOWN
SUPER VISOR BOR GaS-We'll open now to hear anyone who wishes to speak for or against)\
the proposed changes in the Water Regulations and the adoption of some specifically,
the requirement that in all water districts served by the Town of Queensbury water supply
with the exception of Shore Colony, water meters will be required. It is my understanding
as of this afternoon we have 5,000 and I b.elieve 97 customers in that condition, all but
99 are currently on meters. This would be, the proposal would be that all those 99 within
the period of one year would have to be on meters and of course any new customers would
have to go on meters. This is in keeping with water conservation measures and it better
proportions the cost of operating the water district. That's the biggest change. Anyone
who wishes to speak for or against or ask questions about? Hearing none, I'll ask the
;...c¡
Board?
COUNCILMAN MONTESI-Are the 99 geographically located in one place or ?
SUPER VISOR BaRGaS-We'll ask Mr. Flaherty, Water Superintendent to answer that
please.
TOM FLAHER TY, Water Superintendent-I can't really tell you that Ron. We did a
computer check this afternoon and those were the figures that came out and I would
say that they are dispersed throughout the district.
SUPER VISOR BaRGaS-Were my numbers right?
MR. FLAHER TY-Yes.
SUPER VISOR BaR GOS- Thank you. Anyone else? Any other Board members? Okay,
we'll close this public hearing ...
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING DETERMINA TlON OF NON-SIGNIFICANCE OF LOCAL LA W
ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF WATER
DISTRICTS AND THE USE OF WA TER THEREIN
RESOLUTION NO. 60, 1991, Introduced by Ronald Montesi who moved for its adoption,
secondp.d by George Kurosaka.
WHEREAS, the Town Board of the Town of Queensbury is considering enacting a local
law establishing rules and regulations for the operation of water districts and the use
of water therein, and
WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead
agency with respect to compliance with SEQR A which requires environmental review
of certain actions undertaken by local governments, and
WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations
of the State Environmental Quality Review Act,
NOW, THEREFORE BE IT
RESOL VED, that the Town Board of the Town of Queensbury, after considering the action
proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria
contained in Section 617.11, and thoroughly analyzing the project with respect to potential
environmental concerns, determines that the action will not have a significant effect
on the environment, and
BE IT FUR THER
RESOL VED, that the Town Board hereby finds that the proposed responses inserted in
Part II of the said environmental assessment form are satisfactory and approved, ond
BE IT FUR THER
RESOL VED, that the Town Supervisor is hereby authorized and directed to complete
and execute Part 11/ of the said environmental assessment form and to check the box
thereon indicating that the proposed action will not result in any significant adverse
impacts, and file a negative declaration if necessary. '
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Bargas
Noes: None
Absent: Mrs. Potenza
RESOLUTION TO ENACT LOCAL LAW NOMBER " 1991 ENTITLED, "A LOCAL LAW
ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF WATER
DISTRICTS AND THE USE OF WA TER THEREIN
RESOLUTION NO. 61, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Stephen Borgos.
2JJ
WHEREAS, the Town Board of the Town of Queensbury is desirous of enocting locol law
estoblishing rules ond regulotions for the operotion of water districts ond the use of woter
therein, ond
WHEREAS, 0 copy of the proposed locol low entitled "A Local Law Estoblishing Rules
and Regulotions for the Operotion of Woter Districts ond the Use of Water Therein,"
hos been presented ot this meeting, a copy of soid locol low olso hoving been previously
given to the Town Boord, and
WHEREAS, on January 27, 7997, 0 public heoring with regord to this locollow wos duly
conducted,
NOW, THEREFORE BE IT
)
RESOL VED, thot the Town Boord of the Town of Queensbury hereby enacts the proposed
Locol Law entitled, "A Local Low Estoblishing Rules ond Regulotions for the Operation
of Water Districts and the Use of Water Therein," to be known as Local Law Number
~ 7997, the same to be titled ond contoin such provisions os ore set forth in a copy of
the proposed low presented at this meeting, ond
BE IT FUR THER
RESOL VED, that the Town Clerk of the Town of Queensbury is hereby directed to file
the said Local Law with the New York State Secretory of State in accordance with the
provisions of the Municipal Home Rule Law ond that said Locol Low will take effect
immediately and os soon as allowable under law.
Duly odopted this 27st day of Januory, 7997, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
,,1#"
Absent: Mrs. Potenza
LOCAL LAW NUMBER I, 1991
A LOCAL LAW ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION
OF WA TER DISTRICTS AND THE USE OF WA TER THEREIN
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBUR Y AS FOL'LOWS:
)
SECTION 1: Title
This Local Law sholl be titled: "A Local Low Estoblishing Rules and Regulotions
for the Operotion of Woter Districts ond the Use of Woter Therein."
SECTION 1:
Authority
The Authority for this Locol Low is Town Low Section 798 (3}(c) ond the Municipol
Home Rule Low of th,e Stote of New York.
SECTION 3:
Legislative History and Purpose
A number of woter districts ond woter district extensions currently exist within
the Town of Queensbury. In reviewing the vorious locol lows ond ordinonces currently
in effect, the Town Boord of the Town of Queensbury finds thot it would be beneficiol
to the Town of Queensbury to hove in effect a Locol Low which provides or estoblishes
uniform rules ond regulotions for the operotion of 011 woter districts within the Town
ond the use of woter by 011 districts ond residences of those districts with the exception
of those few districts which, becouse of their unique noture, warront different or
specialized regulotions.
SECTION 4:
Applicability
)
This Locol Low ond the rules and regu(otions estoblished hereby sholl be opplicoble
to 011 woter districts locoted within the Town of Queensbury ond supplied woter by the
Queensbury Consolidoted Woter District. The Shore Colony Woter District sho/1 be
specificolly excepted from this Locol Law ond shall be operoted in occordonce with
seporote regulotions.
SECTION 5:
Definitions
':5f
All terms or words used in this Local Law shall have such definitions as may be
assigned to them within the Town Law of the State of New York, and if said Town Law
does not define said terms or words, the usage commonly assigned to said words or terms.
SECTION 6:
Water Meters Required
A. All water service for residential and commercial, of whatsoever kind and nature,
shall be rendered by meter only, and customers shall be billed for such service
by the Water Department. .
B. 7. A II owners or other persons having any interest in the title to property,
businesses, residences, or other types of establishments which are receiving
water service within any of the districts of the Town of Queensbury affected
by this Local Law, and which are currently not being billed for water service
by way of meter readings, shall be required to provide or arrange for the
provision of a water meter within one year from the date of adoption of
this Local Law, unless an extension of time in which to provide said meters
is obtained as set forth herein.
2. Upon the adoption of this Local Law, the Water Department of the Town
of Queensbury shall notify, by certified mail, return receipt requested,
property owners or other persons, businesses, or entities which are known
from the records of Water Department, to be receiving water or water
service from any District in the Town of Queensbury and which are not
being billed for said water service based upon metered use, that the
installation of a meter will be required within one (n year from the date
of adoption of this Local Law. The notices may be in letter form and shall
advise the property owners or other persons, businesses, or entities known
from the records of the Water Department to be receiving non-metered
water service that water meters are mandatory as of the date indicated
herein. The letter shall also advise that extensions of time may be possible
and that further information and a copy of the Local Law mandating said
water meters may be received by contacting the Water Department of
the Town of Queensbury.
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3. Failure to provide the notice herein required, shall not in any way relieve
the property owners or the persons, business or entitie~",which are known
from the records of the Water Department to be receiving non-metered
water service, from complying with the terms and provisions of this Local
Law. The Town Board of the Town of Queensbury may, however, consider
a failure of notification as a basis for extending the time in which said
persons, business or entities must arrange for or install a water meter as
provided by the various provisions hereof.
4. After hearing an application upon five (5) days written notice of such hearing
to the applicant, the Town Board of the Town of Queensbury, on behalf
of any water district, may vary or extend the length of time in which a
property owners or other person interested in a property, business, residence,
or other type of establishment receiving water service in any district in
the Town of Queensbury, must provide or arrange for the provision of a
water meter. The Town Board of the Town of Queensbury may extend
the time period up to one year by which a water meter must be installed
on the premises. To receive a variance or modification of the time
requirements, the affected property owner or person interested in the
property must prove practical difficulties, and the extension of time provided
by the Town Board must be the minimum variance or modification which
would help to alleviate the specific hardship. In no event, however, shall
the Town Board waive the requirement of a meter or allow an extension
of time greater than one year in which to provide water meters.
SECTION 7:
Taps, Service Lines and Water Meter Installation
A. A II taps, service lines, and installations affecting any water district main
transmission lines, shall be supervised by the Town of Queensbury Water
Superintendent and no installation or tap or connection shall be made unless
authorized by the Town of Queensbury Water Superintendent in accordance
with rules and regulations adopted by the Town Board of the Town of Queensbury.
B. Water service lines running from a water district main lines to and'servicing
a particular parcel or building or portion thereof, shall be the responsibility
:3;L
of t/;le district or the property owner as follows:
1. For water lines which are 2" in diameter or smaller, the appropriate water
district shall be responsible for installation, maintenance, and shall own
the line running from the main service line to the property line. The property
owner or other person in interest, shall be responsible, own, and maintain
the water line running from the property line to the water meter and then
from the water meter to the service lines of the building and shall also
be likewise responsible and own all service lines within the building.
2. For water lines greater than 2" in diameter, the property Owner or person
in interest of the property, business, residence, or establishment receiving
water service, shall be responsible for the water line from the shut-off
valve in the main water district line to and including the business, house,
property, and/or structure being serviced, except that in the case of a
water line over 2" in diameter which is in a New York State right-of-way,
the owner shall be required to install the water line as aforedescribed,
except that the owner shall turn over the maintenance responsibilities
to the Town for that portion of the water line existing in a New York State
right-of-way and the Town, upon completing such maintenance and repairs,
as may, from time to time be necessary, shall charge the same back to
the owner.
)
C. Water meters servicing a particular parcel or building shall be the responsibility
of the district or property owner as follows:
1. Water meters servicing lines up to the size of 2" in diameter, shall be owned,
installed, and maintained by the Water District in which the service is
being provided. The residential, business or other type of property receiving
the water service, as provided for hereby, shall be required to poy a tapping
fee to cover the cost of the Town ownership, installation, and maintenance
of said water meter, at an amount to be set by the Town Board of the Town
of Queensbury, in accordance with the procedures set forth herein.
,...
2. Water meters servicing lines over 2" in diameter shall be provided for and
installed by the owner of the property to be serviced, while the Town shall
maintain the same. Water meters provided and installed as provided for
herein shall be in accordance with the specifications and standards adopted
by the Town of Queensbury from time to time and shall be the standard
meter accepted by the Town in such applications. Upon the purchase and
installation, the owner shall turn over the title and ownership to said meter
to the appropriate district, at no cost and free of any liens or encumbrances.
There shall be no tapping fee or any other like fee assessed in the
aforedescribed circumstance.
)
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SECTION 8:
Resale of Water Prohibited
Resale of water by customers is prohibited without the express authorization and
consent of the Town Board of the Town of Queensbury.
SECTION 9:
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A. For Making Connections and Use of Water Meters: Fees for making connections
and/or the use of water meters sholl be os currently established for the
Queensbury Consolidated Water District and may be amended or increased or
decreased from time to time, os the Town Boord of the Town of Queensbury
sholl deem appropriate, by Resolution following a Public Hearing. Notice of
said Public Hearing sholl be published in the official newspaper of the Town,
at least 5 days prior to the hearing dote, and shall set forth 0 description of
the fees to be changed and the amount of the new fee.
SECTION 10:
Payment of Water Bill and Overdue Water Bills
)
A. All water bills not paid within such dote shall be assessed 0 late payment charge
of 10%.
B. Water furnished to any property fO~ any purchase stands charged against such
property regardless of change of ownership, and the Town Boord of the Town
of Queensbury reserves the right to discontinue the service from the premises
for any unpaid bill or bills accumulated by 0 former owner or owners ond to
refuse to turn the some on again until 011 the rears and penolties are poid. In
case of transfer af property, the Water Deportment must be immediately notified
so that proper adjustment may be mode of any charges or repair bills against
33
such property. Any new owner or his authorized representative sholl be
responsible for all current water charges and any unpaid ba/anÇfg$ upon acceptance
of title to the property. In the case that water is turned off by on agent of
the Water Deportment for proper causeþ no persons sholl turn it on again without
the permission of the Water Deportment.
SECTION 77:
Penalties/Cause for Discontinuance
A. The Town Boord of the Town of Queensbury may discontinue water service
and shut off the supply from any premisesÞ the owner or occupant of whichÞ
has foiled to comply with the provisions of this Local LawÞ or any rules and
regulations relating to the character and construction and maintenance of pipes
and connections and the use of the water. Such service will not be resumed
until the couse for such discontinuance is removed and the expense of shutting
off and turning on the water is paid. Discontinuance or the shutting off of water
sholl only occur after 0 hearing is held by the Town Boord upon 5 days written
notice to the property owner or person or entity in occupancy. This remedy
may be used alone or in conjunction with any other remedies set forth herein.
B. In addition to the remedies set forth hereinþ the Town Boord of the Town of
Queensbury may also forward overdue and unpaid water bills to the County
of Warren and request that the some be mode 0 lien on the property and billed
for payment os port of the real property tax assessments. This remedy moy
be used alone or in conjunction with any other remedies set forth herein.
C. In addition to 011 other remedies set forth hereinþ non-compliance or violation
of any of the provisions of this Local Low by any personÞ personsþ corporation
or corporationsÞ company or companiesþ partnership or partnerships sholl be
considered 0 violationÞ punishable by 0 moximum fine not-to-exceed $250.00
or by imprisonment for not more than 15 daysÞ or both. This remedy may be
used alone or in conjunction with any other remedies set forth herein.
SECTION 71:
Repealer
A II ordinances or resolutionsþ and ports of eitherÞ that were heretofore adopted
or passed and that conflict or ore inconsistent with this Local Low or with any port thereofþ
ore hereby annulled and repealedÞ providedÞ howeverÞ that suits or proceedings now pending
sholl in no way be affected by any provision of this Local Low.
)
OLD BUSINESS - 69 Main Street
DA VE HA TlNþ Director of Building & CQdes-Referred to previous Resolution passed
on December 3rd of 7990 regarding this property. Noted that the attorney wos served
on December 5thÞ 7990 stating that demolition of the structure was to commence within
30 days and to be completed within 60 days but would like to bring to the Boord's attention
that os of 4:00 this afternoonþ no work has commenced.
SUPER VISOR BORGOS-Questioned the absolute deadline.
A TTORNEY DUSEK-Noted that the deadline to complete the work would be February
5th.
SUPER VISOR BaR GOS recommended that the Boord not toke any action until the next
Town Boord meeting of February 4thÞ giving the owner the remaining time period to
complete the work.
OPEN FORUM
Pliney TuckerÞ Word 4-Referred to big head lines in the paperÞ soles tax being down 2
millionÞ what did we lose?
SUPER VISOR BORGOS-Actually down 1.7 millionÞ including the money that the State
) took bock from mistakes that they found. The State took approximately 250ÞOOO dollors
from us in the so called correction and we're going to try and fight bock. We received
approximately 50þOOO dollars less than our budget was for the yearÞ so we're 50þOOO dollars
under our 3þ900þOOO dollar budgetþ approx,imately 99 point some percent of what, we
anticipatedÞ down less than 1 percent.
MR. TUCKER-Addressed Councilman Monahan and questioned whether she hod plans
to follow up on her suggestion that she mode during budget timeþ establishing some system
of setting pay for the elected officials?
'5~
COUNCILMAN MONAHAN-Yes, I intend to follow through on that. Would like to see
a moral commitment made by May, before petition time, as to what the Baard proposes
for salaries.
MR. TUCKER-Referred to affordable housing project on Corinth Road, which received
final approval from the Planning Board. Noted Mr. Rich stated in the paper that the
project may go through even though they may not receive the grant from New York
Housing Ablthority. Questioned whether this was a stipulation of approval; to receive
that grant befote they could go ahead with the project?
SUPERVISOR BORGOS-I was not at that Planning Boord meeting, I did see the report,
I believe what you're referring to is the stipulation whereby the appTicaot hod to make
aþplication for the grants. I don't believe that the rezoning required successfully receiving
the grant.
COUNCILMA N MONAHA N- There were several requirements, restrictions in that rezoning
to stay within the commitment to furnish housing for people of that income level.
SUPER VISOR BORGOS-That firm will have to follow whatever conditions were set by
that approval.
MR. TUCKER-Questioned if discussions will be held soon in regards to the Water Plant
Expansion?
SUPER VISOR BORGOS-Soon, waiting upon the completion of the report, it will be made
public for open discussions for the residents of the Town of Queensbury.
MR. TUCKER-Referred to Glens Falls Sewer Plant, the equipment break down and
questioned whether the sewer district in the Town of Queensbury is responsible; 72/
percent for the cost of replacing that equipment.
SUPER VISOR BORGOS-I don't believe that is accurate. We have a controct with the
City of Glens Falls, ''''which, included in that contract is a long detailed equation that
apportions the cost of that type of repair. We have not seen a final number from the
City but we are locked in, as is the City, to a certain payment based on that contract,
which would be passed along to the people in the related districts. Those being 2 of our
5 sewer districts, Central Queensbury Quaker Road Sewer District and the Hiland Park
Sewer District.
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MR. TUCKER-Referred to the law suit against the Town of Queensbury for the rezoning
of the A viation Mall, questioned whether or not the Town of Queensbury's legal department
would be handling the case.
SUPER VISOR BORGOS-To the best of my knowledge, that is the case at the moment.
MR. TUCKER-Questioned whether the A viation Mall has volunteered any financial
assistance.
SUPER VISOR BOR GOS-Noted because this is a matter of litigation, it would be
inappropriate to comment at this time.
MR. TUCKER-Questioned Town A ttorney if this was an article 78.
A TTORNEY DUSEK-No, this has been brought as a Declaratory. Judgement Action.
MR. TUCKER-Questioned the number of car phones that tfle Town presently has ond
the cost of monthly operation.
SUPERVISOR BORGOS-Through out the Town, 72 or 73. Not~d thot my phone cost
approximately 30 to 36 dollars a month.
JOHN SAL VADOR, Dunham's Bay-Regarding the Affordable Housing Project, you indicated
that the zoning approval was not final until the applicant made application for the special
financing?
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SUPER VISOR BORGOS-There's a number of conditions and I believe that was one of
the conditions.
J
MR. SAL V A DOR-Does this mean he has to be successful in his application?
SUPER VISOR BOR GOS-No I don't believe that is the case, I believe the condition stated
that application must be made. I do know for a fact that they have made application.
'"5~
MR. SAL V ADOR-But if they are not successful, the project can still go ahead with private
financing and enjoy the benefits of the rezoning?
COUNCILMAN MONAHAN-Only if it's still slanted for affordable housing, with the other
criteria that we put in there for income and so on and so forth.
MR. SAL V A DOR-Questioned who will enforce this.
SUPER VISOR BORGOS-Noted that the Director of Building and Code Enforcement will ,
be sure that no permits are issued until such time as all terms and conditions ore met.
GfLBER T BOEHM, Cleverdale-Referred to Lake George Park Commission Waste Woter
Regulations and Documents of Understanding that have been signed between same
townships and the Lake George Park Commission. Questioned whether there was a signed
Document of Understanding between the Town of Queensbury and the Park Commission?
SUPER VISOR BORGOS-We have not finalized the final documents. Noted that last
Summer the Supervisors of the Towns in Warren County with land on the shores of Lake
George, did meet with the Lake George Park Commission and worked out an agreement
by which those Towns, where waste water regulations ore in place and enforced, those
Towns would be exempt from the vast majority of the Lake George Park Commission
regulations. A II of that was agreed upon some months ago. The first set of documents
that came out from the Park Commission, did not include language that would support
that agreement therefore it was sent back. The most recent document that has come
out, still is a little bit fuzzy in a couple of areas. I have forward it to our A ttorney for
his review and Mr. Hatin had reviewed it. We're waiting for revision from the Park
Commission before it comes back to the Board for final approval.
MR. SAL V A DOR-Referred to the Lake George Park Commission Waste Water Regulations,
questioned whether the Town of Queensbury will not be involved in a registration process
for on site waste water facilities in North Queensbury.
,...
SUPER VISOR BORGOS-To the best of my knowledge unless the Board wishes to direct
me elsewhere.
Discussion held regarding Wastewater Regulations, procedures and exemptions that apply
to the the Town of Queensbury.
MR. SAL V A DOR-Referred to public hearing held Friday at the Warren County Center
concerning the proposed alternative sewer projects for the Lake George area. Questioned
Supervisor why he had nothing to say and whether he has read the Draft Environmental
Impact Statement. Noted his concern with the consultants for the project not doing
on adequate job.
SUPERVISOR BORGOS-I have read a substantial amount of the DEIS and if you recall
this hearing was limited very specifically to the DEIS, it did not talk in particular about
the project itself, the philosophy of the project but rather the environmental consequences.
I will be prepared to discuss that at the appropriate time at the County level and I have
already at many meetings discussed that on the public level.
MR. SAL V ADOR-I think somehow the message has got to get through to Boord of
Supervisors and to the Consultant that we expect 0 better quality job.
MR. HA TIN-Referred to 0 seminar given by Niagara Mohawk regarding Carbon Monoxide
poisoning. Noted that his Department plans on taking certain steps to get the public
more aware of this problem, we've composed a letter and will look for signs that we
might see from the outside of abuilding, chimneys and vents of furnaces being proper
installed. Noted that Niagara Mohawk at no charge to anyone, will come and evaluate
a furnace for carbon monoxide poisoning.
OPEN FORUM CLOSED
8:30 p.m.
RESOLUTION APPROVING MINUTES
RESOLUTION NO. 61, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Betty Monahan.
RESOL VED, that the Town Boord of the Town of Queensbury hereby approve the Town
Boord Minutes of November 28th, December 3rd, 6th, and 28th of 1990 and January 9th
of 1991.
3t.o
Duly adopted'this 21st day of January, 1991, by the following vote:
Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
Abstain: Mr. Kurosaka
RESOLUTION APPROVING MINUTES
RESOLUTION NO. 63, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by George K urosaka.
!
/
RESOL VED, that the Town Board of the Town of Queensbury hereby approve the Town
Board Minutes of November 13th, 19th, December 17th, 19th of 1990 and January 3rd
of 1991.
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
RESOLUTION TO RETAIN ENGINEERING CONSUL TANTS TO THE PLANNING BOARD
RESOLUTION NO. 64, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Betty Monahan.
....
WHEREAS, the Town Board of the Town of Queensbury acknowledges and recognizes
the need of the Planning Board for engineering expertise and advice when reviewing
certain subdivision plots and site plans presented to it, and
WHEREAS, the Town Board of the Town of Queensbury has the authority to retain an
engineer for such purposes, and
)
WHEREAS, the Zoning Ordinances and Subdivision Regulations of the Town of Queensbury
provide that the developer shall be responsible for paying costs incurred in connection
with the review of site plans or subdivision plots by engineers retained by the Town of
Queensbury for such purposes,
NOW, THEREFORE BE IT
RESOL VED, that Clough, Harbour and Associates of A Ibany, are hereby employed as
engineers for the Town of Queensbury Planning Board, to give such professional service
and advice as may be required from time to time, as set forth more specifically hereby,
and '
BE IT FUR THER
RESOL VED, that the Planning Board for the Town of Queensbury may call upon said
engineering firm for services pertaining to SEQRA Review or other related environmental
issues provided that an agreement is secured from the developer or persons requesting
Planning Board action that the services of said engineers will be fully paid, and provided
further thon an escrow agreement is obtained from the said developer or persons in sums
sufficient to pay for the said engineering services, one (1) month in advance, such escrow
account to be maintained by the Town of Queensbury, and
BE IT FUR THER
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RESOL VED, that said engineers be retaineq, in accordance with the terms and provisions
of the proposed agreement presented at this meeting, and the Supervisor for the Town
of Queensbury is hereby authori zed and directed to execute the said proposed agreement.
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
~7
Noes: None
Absent: Mrs. Potenza
RESOLUTIDN AUTHORIZING THE DEMOL,I.TION AND REMDVAL OF THE STRUCTURE
LOCATED DN THE PROPERTY BEARING TAX MAP NO. 117-4-9
RESOLUTlDN NO. 65, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Stephen Borgos.
A TTORNEY DUSEK questioned Mr. Hatin, Director of Building & Codes -' You indicated
that you served the notice personally on the heirs? Is that the idea.?
MR. HA TIN-I didn't directly. I served 0 couple of them. Some were done by Les
Carpenter, some were done by Wolter Donovan, whose the court officer.
A TTORNEY DUSEK-Do you know if more than 60 days has elapsed since the time you
served these people?
MR. HA TIN-That I don't know.
A TTORNEY DUSEK-I'm showing 0 notice date of in December, that's the only concern
I hove. I would recommend to the Boord, there is a clouse in the bock, the very lost
paragraph, I would recommend to insert, no action being taken until the expiration of
the 60 days.
A TTORNEY DUSEK-Was your testimony based on all the evidence has been presented
to dote, that the building is still currently unsafe and dangerous and should be demolished?
MR. HA TIN-Correct.
Discussion held and the Boord questioned whether the taxes hove been paid and what
the property was assessed for. Town Clerk Dougher agreed to research tax rolls and
return to meeting with information.
RESOLUTION TO. TABLE RESOLUTlDN NO.. 65, 1991
RESOLUTlDN NO.. 66, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by George K urosaka.
RESOL VED, that the Town Boord of the Town of Queensbury hereby table Resolution
No. 65 of 1991 entitled, "RESOLUTlON AUTHORllING THE DEMo.UTlON AND REMOVAL
OF THE STRUCTURE LOCATED ON THE PROPERTY BEARING TAX MAP NO. 127-4-9".
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
RESDLUTlON ADOPTING DETERMINA TlON OF NON-SIGNIFICANCE EOR PURCHASE
OF OFFICE BUILDING AND PROPERTY LDCA TED AT 81 GLENWOOD AVE.,
QUEENSBUR Y
RESDLUTION NO. 67, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by George K urosaka.
WHEREAS, the Town Boord of the Town of Queensbury is desirous of purchasing from
Glenwood Properties 0 certoin office building and real property located at 81 Glenwood
A venue, Queensbury, New York, to be used for 0 court room facility and offices for the
Justice Court of the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act os lead
agency with respect to compliance with SEQR A which requires environmental review
of certain actions undertaken by local governments, and
WHEREAS, the proposed action is on unlisted action pursuant to the Rules and Regulations
of the State Environmental Quality Review Act,
NOW, THEREFORE BE IT
~cz:
RESOL VED" that the Town Board of the Town of Queensbury, after considering the action
proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria
contained in Section 617.11, and thoroughly analyzing the project with respect to potential
environmental concerns, determines that the action will not have a significant effect
on the environment, and
BE IT FUR THER
RESOL VED, that the Town Board of th~ Town of Queensbury hereby finds that the proposed
responses inserted in Part II of the Said Environmental Assessment Form are satisfactory
and approved, and
BE IT FUR THER
RESOL VED, that the Town Supervisor is hereby outhorized and directed to complete
and execute Part III of the said Environmental Assessment Form and to check the box
thereon indicating that the proposed action will not result in any significant adverse
impacts, and
BE IT FUR THER
RESOL VED, that the annexed Negative Declaration is hereby approved and the Town
Clerk is hereby authorized and directed to file the same in accordance with the provisions
of the general regulations of the Department of Environmental Conservation:
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
RESOLUTION AUTHORIZING THE PURCHASE OF A CERTAIN OFFICE BUILDING
AND REAL PROPERTY LOCA TED AT 81 GLENWOOD A VENUE, QUEENSBUR Y.;,NEW
YORK BY THE TOWN OF QUEENSBUR Y A T A MAXIMUM ESTIMA TED COST OF
$415,000.00 AND AUTHORIZING THE ISSUANCE OF $394,150.00 SERIAL BONDS OF
SAID TOWN OF QUEENSBUR Y TO PA Y THE COST THEREOF
I
RESOLUTION NO. 68, 1997, Introduced by George Kurosaka who moved for its adoption,
seconded by Ronald Montesi.
WHEREAS, the Town of Queensbury is desirous of purchasing fromGlenwood Properties.
a certain office building and real property located at 81 Glenwood A venue, Queensbury,
New York, currently used as and to continue to be used for a court room facility and
offices for the Justice Court of the Town of Queensbury, and
WHEREAS, such purchase is authorized pursuant to Town Law and the Local Finance
Law of the State of New York, and
WHEREAS, the proposed purchase is an action which has been reviewed by the Town
Board of the Town of Queensbury pursuant to the mandates of the State Environmental
Quality Review Act, and the Town Board has determined, "that the action is an unlisted
action under SEQRA, and that it will have no significant impact,
NOW, THEREFORE BE IT
RESOL VED, by the Town Board of the Town of Queensbury as follows:
1. The specific object or purpose to be financed pursuont to this resolution is the
purchase of a certain office building and real property located at 81 Glenwood A venue,
Queensbury, New York, which building and a portion of the property is currently under )
lease by the Town of Queensbury, and which property and building is currently being
used and will continue to be used as a court facility for the Town of Queensbury Justice
Court. \
2. The maximum estimated cost of such specific object or purchase is $415.,000.00
and the plan for finoncing thereof is issuance of $394,250.00 serio I bonds and the poyment
of $20,750.00 from current funds of the said Town of Queensbury.
3. It is hereby determined that the period of probable usefulness of the aforesaid
3~
specific ob;ect or purpose is 75 years pursuant' to Subdivision 77(c} of Paragraph A of
Section 77 of the Local Finance Low. It is hereby further determined that 0 five-percent
{5%} down payment is required therefore pursuant to Section 707 of the Local Finance
Law and that the serial bonds herein authorized will exceed five (5) years.
4. The faith and credit of the said Town of Queensbury, New York, are hereby
irrevocably pledged for the payment of the principal and interest on such bonds os the
some respectively become due and payable. An annual appropriation sholl be mode 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
ob;ect or purpose, there shall annually be levied on 011 the taxable real property of said
Town of Queensbury, a tax sufficient to pay the principal of and interest on such bonds
as the some become due and payable.
5. Sub;ect to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation 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 sholl 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 Low.
6. The authority and duty of completing the purchase transaction authorized by
this resolution are hereby assigned and delegated to the Town Supervisor, who sholl hove'
the authority to execute and place the seal of the Town of Queensbury on 011 necessary
documents, including but not limited to, the contract of sale and closing documents,
sub;ect, however, to further review and approval by the Town Board of the Town of
Queensbury of the final contract of sole.
7. The validity of such bonds and bond anticipation notes may be contested only
if:
a. such obligations are authorized for an ob;ect or purpose for which said Town
of Queensbury is not authorized to expend money, or;
b. the provisions of low which should be complied with at the date of publication
of this resolution ''pursuant to Section 9 hereof are not substantially complied with,
and on action, suit, or proceeding contesting such validity is commenced within
20 days after the dote of such publications, or;
c. such obligations are authorized in violation of the provisions of the Constitution.
8. This resolution sholl immediately be published in full in the official newspaper
of the Town of Queensbury.
9. Upon this resolution taking effect, the some sholl be published in full in the
official newspaper of said Town of Queensbury, together with a notice in substantially
the form provided in Section 87 of the Local Finance Low.
70. This resolution is adopted sub;ect to 0 permissive referendum in the manner
prescribed in Article 7 of the Town Low of the State of New York, and within 70 days
from the date of this resolution, the Town Clerk sholl post and publish 0 notice which
sholl set forth the dote of the adoption of the resolution, sholl contain a complete copy
of this resolution os adopted.
Duly adopted this 27st day of January, 7997, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
RESOLUTION AUTHORIZING SUPERVISOR
RESOLUTION NO. 69, 1991, Introduced by George Kurosaka who moved for its adoption,
\ seconded by Ronald Montesi.
RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor to sign the necessary documents\ to switch from N YNEX service to Cellular
One service for the mobile telephones, including 0 request for credit information to be
in 0 form approved by the Town Attorney.
Duly adopted this 27st day of January, 7997, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
~
Noes: None .
Absent: Mrs. Potenza
RESOLUTION TO UNTABLE RESOLUTION NO. 65 OF 1991
RESOLUTION NO. 70, 1991, Introduced by Ronold Montesi who moved for its adoption,
seconded by Betty Monahan.
RESOL VED, that the Town Boord of the Town of Queensbury hereby Untable Resolution
No. 65 of 7997 entitled, "RESOLUTlON AUTHORIZING THE DEMOLITION AND REMOVAL
OF THE STRUCTURE LOCATED ON THE PROPERTY BEARING TAX MAP NO. 727-4-9".
J
--'
Duly adopted this 27st day of January, 7997, by the fol/owing vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
Supervisor Borgos noted that the property located at 749 Indiana A venue is assessed
for $78,200 and the size of the lot being 6,000 square feet.
RESOLUTION AUTHORIZING THE DEMOLITION AND REMOVAL OF THE STRUCTURE
LOCATED ON THE PROPERTY BEARING TAX MAP NO. 117-4-9
RESOLUTION NO. 65, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Stephen Borgos.
WHEREAS, the Town Boord of the Town of Queensbury previously adopted Resolution
No. 302, doted May 27, 7990, authorizing the service of 0 Notice of Unsafe Structure
upon the owners ofproperty bearing Tax Mop No. 727-4-9, and
WHEREAS, pursuant to Local Low No.3, 7983 and Town Low, Section 730(16}, said Notice
required the owners of the property to repair, secure or remove, the building within 60
days of service of the Notice upon the owner, and
)
WHEREAS, personal service of said Notice was mode upon Doris Switzer, the
Administratrix of the Estate of Anno McDonald, owner of the premises, and
WHEREAS, pursuant to said Local Low, 0 hearing was held on this motter on August
20, 7990, which was not attended by Ms. Switzer or any other heir to the owner's estate,
and
WHEREAS, 0 second Notice was served upon 01/ the known heirs of Anno McDonald and
o second hearing was held on January 27, 7997, wherein said heirs were not in attendance,
and '
WHEREAS, David Hatin, Director of Building and Codes Enforcement,.I],as recommended
that said structure be demolished,
NOW, THEREFORE BE IT
RESOL VED, that the Town Boord of the Town of Queensbury, after review of the testimony
and other evidence presented by the Deportment of Building and Codes Enforcerr¡ent
os to the condition of the building located at 749 Indiana A venue~ hereby finds, pursuant
to Town Low, Section 730(16} and Local Low No.3, 7983, that soid building is unsofe
and dangerous to the general public, and
BE IT FUR THER
)
RESOL VED, that, pursuant to Local Low No.3, 7983, and the Town Low, Section 730(16},
the Town Boord hereby orders the Director of Building and Codes Enforcement to secure
the immediate demolition and removal of 'the building located on a parcel of property
identified on the Town of Queensbury Tax Mop os No. 727-4-9, locoted at 749 Indiona
A venue, and
BE IT FUR THER
RESOL VED, that the Supervisor of the Town of Queensbury ;s hereby authorized to sign,
'/-1
execute and place the Town Seal on any and all documents necessary to complete said
demolition and removal, and
BE IT FUR THER
RESOL VED, that, pursuant to Local Law No.3, 1983, the cost of said demolition and
removal shall not exceed $3,000 and shall be assessed against the real property on which
such building is located, and shall be levied and collected in the same manner as provided
in Article 75 of the Town Law for the levy and collection of special and valorem
assessments, and
BE IT FUR THER
RESOL VED, that payment for said demolition and removal shall be from Account #A 795-
4010-440 (Miscellaneous Contractuan and
BE IT FUR THER
RESOL VED, that no action be taken in advance of this Resolution, until the expiration
of sixty (60) days from the date that the last heir was served or until the expiration of
ten (10) days from the date of this Resolut(on is mailed to the following heirs to the
Estate of Anna McDonald, whichever date is later:
Anna Pelkey
David A. McDonald
Harry McDonald
Robert McDonald
Richard McDonald
A Imira Hermance
Sara Hermance
Li /Ii an Bahr
Doris Switzer
Duly adopted this 2 7s~. day of January, 7997, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
COMMUNICA TlONS
Bid Opening - Computer(Hardware) - Queensbury Court
Creative Manufacturing Technologies Incorporated $8,370.00
l Warehouse Drive, Northway Plaw
Queensbury, New York
Director of Purchasing, Darleen Dougher made recommendation after reviewing bid
to go with State Contract and not accept bid.
RESOL UTlON TO REJECT BID
RESOLUTION NO. 71, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Betty Monahan.
RESOL VED, that the Town Boord of the Town of Queensbury hereby rejects the bid of
Creative Manufacturing Technologies Incorporated for the Queensbury Court Computer
Hardware, the specifications need further revision in order to be effective for bidding
documents, only one bid was received, and
BE IT FUR THER
\.
RESOL VED, that the Town Board of the Town of Queensbury will 'jio along with the
recommendation of the Purchasing Agent to purchase hardware through State Contract.
\
,
Duly adopted this 27st day of January, 7997, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
~
Absent: Mrs. ,Potenza
RESOLUTION APPROVING AUDIT OF BILLS
RESOLUTION NO. 71, 19911 Introduced by Ronald Montesi who moved for its adoptionl
seconded by Stephen Borgos.
RESOL VED1 that the Audit of Bills appearing on Abstract January 21stl 19911 numbering
from 91-1 to 91-398 and totalling $3461870.12 be and hereby is approved.
Duly adopted this 21st day of JanuarYI 19911 by the following vote:
Ay.es: Mr. Kurosakal Mr. Montesil Mrs. Monahanl Mr. Borgos
\
)
Noes: None
Absent: Mrs. Potenza
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 73, 19911 Introduced by Ronald Montesi who moved for its adoptionl
seconded by George K urosaka.
RESOL VED1 that the Town Board of the Town of Queensbury hereby moves into Executive
Session to discuss litigationl assessment/litigation and personnel/labor negotiations.
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosakal Mr. Montesil Mrs. Monahanl Mr. Borgos
Noes: None
Absent: Mrs. Potenza,...
RESOLUTION TO RECONVENE
RESOLUTION NO. 74, 19911 Introduced by Betty Monahan who moved for its adoptionl
seconded by George K urosaka.
)
RESOL VED1 that the Town Board of the Town of Queensbury hereby adiourns from
Executive Session and enters into Regular Session of the Town Board.
Duly adopted this 21st day of JanuarYI 19911 by the following vote:
Ayes: Mr. Kurosokal Mr. Montesil Mrs. Monahanl Mr. Borgos
Noes: None
Absent: Mrs. Potenza
RESOLUTION TO EMPLOY SERVICES OF NORTHEASTERN APPRAISAL INC.
RESOLUTION NO. 75, 19911 Introduced by Ronald Montesi who moved for its adoptionl
seconded by George K urosaka.
RESOL VED1 that the Town Boord of the Town of Queensbury hereby authorizes the Town
A ttorney to employ the services of Northeastern Appraisals Inc. to draft and complete
an appraisal of certain property involved in the Assessment Case titled Smith vs. the
Town of QueensburYI and
BE IT FUR THER
RESOL VED1 that the amount to be expended shall not exceed the sum of $500.00 without
further authori zation of this Boardl and
)
BE IT FUR THER
RESOL VED1 that the amount for the appraisal shall be paid fro from the Assessor's Line
Article 7. '
Duly adopted this 21st day of JanuarYI 19911 by the following vote:
1.3
Ayes: Mr. Kprosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
RESOLUTION AUTHORIZING SUPERVISOR AND ATTORNEY TO ANSWER COMPLAINT
RESOLUTION NO. 76, 1991, Introduced by Ronald Montesi who moved for its adoption,
seconded by Stephen Borgos.
RESOL VED, that the Town A ttorney is hereby authorized and directed and the Town
Supervisor is hereby likewise authorized and directed to complete and execute as may
be necessary an answer in connection with the complaint that has been served in the
matter of Northway Plaza vs the Town of Queensbury.
Duly adopted this 21st day of January, 1991, by the following vote:
Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mrs. Potenza
No further action was taken.
On motion, the meeting was adiourned.
RESPECTFULL Y SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
...
\