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1988-03-22 TOWN BOARD MEETING MARCH 22, 1988 7:30 P.M. QUEENSBURY H.S. CAFETERIA BOARD MEMBERS PRESENT MR. STEPHEN BORGOS-SUPERVISOR MR. GEORGE KUROSAKA-COUNCILMAN MRS. MARILYN POTENZA-COUNCILMAN MR. RONALD MONTESI-COUNCILMAN - MRS. BETTY MONAHAN-COUNCILMAN ABSENT TOWN COUNSEL WILSON MATHIAS TOWN OFFICIALS Paul Naylor PRESS: WEND, W WSC, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS Supervisor Borgos-I've spent the past two days in Binghamton as a member of the Solid Waste Committee for the County, because we operate the largest landfill in the County I was invited to go on tour to the Broome County Recycling Facilities, I was there with three other members of the County Board of Supervisors. It was an extremely valuable meeting and we learned a great deal. A couple of the other Supervisors are touring other locations tonight and tomorrow. I would guess that at the County level you will be hearing some good news fairly quickly. I would also like to report that we have held an Executive Session since 6:45 dealing with Real Property matters and specifically dealing with New York State Police. PUBLIC HEARING - 7:30 P.M. NOTICE SHOWN I AMEND ORDINANCE #28 FORT AMHERST- STOP INTERSECTION Supervisor Borgos-This would call for the installation of a stop sign at Fort Amherst and North Road on the northeast corner. The idea is, if we can approve that particular one, then perhaps the City of Glens Falls would go ahead and install one on the the other corner, the southwest corner. That would create a four way stop situation, to make the road a little safer. People are now avoiding Garrison Road because of the four way stop, which is doubling and tripling the traffic on Fort Amherst. Is there anyone that would like to speak for or against this proposal? Mr. Naylor, Rueensbury Highway Superintendent-In going by the book, four way stops should not be used for speed control, the book says lots of traffic between 400 and 500 per hour and I don't think we are anywhere near that on North Road or Fort Amherst Road. Supervisor Borgos-Would you agree with the contingent of the people in the neighborhood that since the four way went up on Garrison traffic has switched over to Fort Amherst to avoid the four way on Garrison, possibly doubling their traffic? Mr. Naylor-I would, and at the time I told you that I thought that was going to happen. Now its going down Webster and then it will move on down the road until eventually every road in the County and State will have four way stop signs. I guess as long as the sign people don't run out of signs, that is what is going to happen. Councilman Montesi-What happens is beyond Garrison, Fort Amherst, Webster the next one that runs between Glen and Bay is Sanford where they have stop lights. The other concern was it is within the Glens Falls School District where alot of the kids have to walk to school. The street is I believe, 8/10 the of a mile long, people do get a good head of steam up and the kids have to cross at North Road, which I felt was a good reason for this. Mr. Naylor-The bottom line I go under is the V&T Law which is pretty clear that you are not supposed to use them for speed control. Councilman Montesi-But you can use it for safety control? Mr. Naylor-Yes, that all depends on how you read the safety aspect of it. Councilman Montesi-I have talked to and I have given a copy of our Resolution to John Brennan 172 who is City Councilman for Glens Falls, he is carrying that through the process of the City. I think they are in agreement with us. Their only question is, should we at this point do Webster, that is their concern. Mr. Naylor-When you put the weight limit on everyone headed down for Webster, unfortunately I have relatives that live on that street and I was one of the first ones to hear about every truck that we sent in the City. The truck traffic increased one hundred times more then it ever was before because I threw them out of the town, which I didn't, remember? Supervisor Borgos-You are aware of the fact that we have had a number of petitions. Mr. Naylor-Yes I know, I hear those people all the time, all I can do is go by the book. Supervisor Borgos-Anyone else who wishes to discuss the amendment of the ordinance to create the four way stop? Actually to install the one sign, were not talking about creating a four way stop, we don't have that power, this is to install one sign on the corner, although if the city decides they wish to authorize the installation of the stop sign on the other side, we have agreed to install that sign for them. Any board members like to make any further comments? Hearing none, declared the Public Hearing closed. PUBLIC HEARING CLOSED OPEN FORUM - 7:38 Plinney Tucker,West Queensbury, West Glens Falls-Commented on recent article in paper, Betty Monahan's view on the committees, commend Betty on her stand. Stated his concern with equal Ward representation among the committees. Questioned why there was a Glens Falls resident, Mr. Granger as Chairman of Queensbury Recreation Commission? Supervisor Borgos-Replied that the ward system has been in effect a little over two years, stated that most of the positions on most of the boards were filled way before the ward system was ever around. By law we can only fill positions as they expire or people resign. Stated that when looking to fill positions we look for the best individuals available, the most qualified. Councilman Monahan-Stated that in regards to her comments at the last meeting, that she referred to the geographic areas rather than ward areas, also stated that backgrounds of individu8 among board members should be diversified, in age, in area(not wards), economic backgrounds, male and female. Mr. Tucker-Questioned if these people, planning board members are qualified in the fields? Councilman Monahan-Stated that they should have various backgrounds, with great interests in the fields. Councilman Montesi-Stated that he felt the Assessment Review Board is composed of a great group of people-Chet South, chairman is in construction; Mrs. Eggleston is in property insurance; Mr. Yasko is in Real Estate; Nick Caimano is an independent businessman; Mr. Grant is a developer from the Lake George area, North Queensbury. Supervisor Borgos-Pointed out that if you look at the total of all the boards each ward has at least 4 or 5 people represented. If you look at the percentage of people within that ward, I believe there is almost an exact representation percentage wise of the people who live in those wards. In reference to Mr. Granger, it was brought to my attention within the first couple of weeks in office that Mr. Granger was no longer a resident of the town. The law indicates that a nonresident of the Town may be on the commission provided that the town has formal recreation program with the community that that person lives in. Mr. Granger and I discussed this, he brought to my attention that we have a formal agreement with the City of Glens Falls, related to the cross country ski trails. It still is being investigated, and the latest word is that we do not have a formal agreement, but a working agreement with the City. If it is found that he is not appropriately on that board, I'm sure he will be removed. Mr. Tucker-Questioned why the supervisor needs a 7 passenger van? Supervisor Borgos-The car previous operated by the supervisor is in such bad shape it had the gasoline tank repaired three times. The supervisor is in need at times to carry with him many passengers, town board members to tour the town roads, attend meetings, seminars, engineers and other consultants to view areas in the town. For safety and comfort I recommended the mini-van and I felt it was most appropriate. Many times we have had to use our own personal cars because of the conditions of the town cars. Mr. Tucker-When acting as a town representative and driving your personal car are you covered under liability? 7113 Supervisor Borgos-When we are on Town business, yes. Mr. Tucker-Do you get reimbursed for the mileage, when you use your own personal vehicle? Supervisor Borgos-yes, I have yet to put in a claim for reimbursement for the past two years, but this year because of the increase in the amount of traveling, I intend to. Mr. Tucker-Explain why we need a Blazer for the Building Department? Supervisor Borgos-We need a four wheel drive for the town, so we may be able to get to all the places that we need to inspect as this town develops and we are trying to do our job. It will be available to anyone in the town if it is needed. The Building Department is in need of a car and we felt that it was most appropriate for their job. We are trying to do whats best for the town, what is most beneficial and trying to save money in the long run and they should last five or six years. - Mr. Tucker-It would have been nice if you had made this public and we could have a meeting and discussed this. Supervisor Borgos-This was all publicized and we did hold a meeting explaining the cars and their conditions. Mr. Tucker-Questioned the figure of $150,000,00 dollars that appeared in paper connected with Hovey Pond. Supervisor Borgos-That is just a figure, nothing has been spent. Mr. Tucker-Requested information-How much money has the Recreation Department received through subdivision regulation fee by Ward? Questioned about the $330,000.00 appropriated for plan and development for the addition of the Water Plant. Supervisor Borgos-That is for the design and it was explained in great detail at the last meeting. We have approached our 5 million gallon capacity in actual usage. We must expand in 5 million units and we decided to go to 10 million and be conservative instead of jumping to 15 million capacity. It will take us two years to complete the entire expansion and we cant wait until we reach and go beyond the 5 million gallon capacity before we make the expansion. The town itself needs more capacity. Mr. Tucker-Questioned where the $330,000.00 dollars will come from? Supervisor Borgos-The $330,000.00 dollars waen needed %aall b a uorros?ee in what is called a Bond Anticipation Note, BAN. Discussion was held on the procedure of Permissive referendum on the expansion of the water plant. Mr. Tucker-Asked whether or not the Business of Ashton Ready Mix would be forced to clean up their mess. Supervisor Borgos-Stated that the problem has been taken care of by the Building and Codes Department. Mr. Naylor-Asked if we were able to discriminate on who can receive our water outside of the town. Supervisor Borgos-All major developers are charged with not only paying the full cost of the installation of the water pipe if they are in within 2,000 feet of a current water main, they must pay the full cost up front to connect from the town line to do their whole development. They must also pay a percentage of the capital construction cost of the plant, so not to burden that district. OPEN FORUM CLOSED 8:31 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 106, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board Minutes of March 8, 1988 be and hereby are approved. 1'74 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Airs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO RETAIN KESTNER ENGINEERS RESOLUTION NO. 107, Introduced by Betty Monahan who moved for its adoption seconded by George Kurosaka. WHEREAS, there is a need for engineering reviews on the West Mountain Development and WHEREAS, Kestner Engineers has worked in the past on the sewer water design in the Town of Queesnbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board retain Kestner Engineers, P.C., Troy, New York to begin a preliminary investigation as to the feasibility of providing water and sewer service form the Town facilities to the West Mountain Development, for a fee not to exceed $2,000.00 dollars, said fee to be paid in full by West Mountain Development. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan., Mr. Borgos Noes: None Absent: None RESOLUTION TO INSTALL STREET LIGHTS RESOLUTION NO. 108, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the following street lights be installed: One (1) Sodium 150 Street Light at corner of Corinth & Revere Road -NM # 123 One (1) Sodium 150 Street Light at corner of Brick Oven & Pitcher Road -NM # 8 One (1) Sodium 150 Street Light at corner of New Hampshire & Luzerne Road -NM #32 2,347NYT One (1) Sodium 150 Street Light at corner of Connecticut & Luzerne Road -NM # 31 One (1) Sodium 150 Street Light at corner of Michigan & Luzerne Road -NM # 40, 345 NYT40 (all in the Rueensbury Lighting District) One (1) Sodium 150 Street Light at corner of West Mt. & Sherman Ave. -NM # 124, NYT101 One (1) North Church Lane & Pitcher Road -NM #17 One (1) Lantern Hill & Pitcher Road -NM #13 (all in the Highway Lighting District) and be it further RESOLVED, that a certified copy of this resolution be sent to Niagara Mohawk Corporation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ENTER INTO CONTRACT RESOLUTION NO. 109, Introduced by Betty Monahan who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Stephen Borgos, Town Supervisor is hereby authorized to sign an agreement between the Town of Queensbury and the Rueensbury Union Free School District to use School District premises and buses for Queensbury Recreation purposes. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Supervisor Borgos-Noted that this is the first major step with formal participation between Queensbury School District and the Town of Queensbury. Councilman Monahan-Requested that the Supervisor clear with the Town's Insurance carrier the proposed insurance coverage. RESOLUTION ACCEPTING ABANDONED CEMETERY PROPERTY RESOLUTION NO. 110, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Adirondack Monthly meeting of the Religious Society of Friends has heretofore offered to the Town of Queensbury certain real property located at Bay and Quaker Road known as the Wing Cemetery or Quaker Cemetery for Town purposes, and WHEREAS, the Queensbury Cemetery Commission and the Town Board of the Town of Queensbury have agreed to accept the Deed of the burial ground from the present owners for the sum of $1.00 for the purposes of maintaining said property as an abandoned cemetery, and, WHEREAS, this property has a unique historic significance for the residents of the Town of Queensbury, and THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the Deed to the Quaker Cemetery as more particularly described in the annexed map for the sum of $1.00 to be utilized and regularly maintained as an abandoned cemetery by the Queensbury Cemetery Commission, and i_ BE IT FURTHER RESOLVED, that Wilson S. Mathias, Counsel to the Town Board, is hereby directed and authorized to prepare a Deed setting forth the description contained in the survey map and obtain the appropriate signatures and approval therefore. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Supervisor Borgos-Noted that this was the burial place of Abraham Wing. RESOLUTION CANCELLING LEASE WITH CIBA GEIGY RESOLUTION NO. 111, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, on or about July 26, 1983, the Town of Queensbury and Ciba Geigy Corporation entered into a lease agreement for an industrial waste disposal area of 10 acres within the Town of Queensbury Landfill, a copy of which lease including a description thereof is annexed hereto, and WHEREAS, the 10 acres was intended to be utilized in addition to the existing Ciba Geigy secure landfill within the Town of Queensbury Landfill consisting of 4.637 acres which existing landfill is described in the annexed map, and WHEREAS, Ciba Geigy has not improved the proposed landfill area in any manner nor deposited any waste within the said proposed landfill, and WHEREAS, by the terms of said lease agreement, the lease on the proposed landfill would terminate upon the cessation of operations and business in the Town of Queensbury of Ciba Geigy, and 1_'76 WHEREAS, Ciba Geigy Corporation has requested that the Town terminate the lease on the lands never utilized for industrial water disposal, NOW THEREFORE BE IT RESOLVED, that the landfill extension for Ciba Geigy Corporation and the lease of an approximately 10.7 acre parcel adjacent to the existing Ciba Geigy secure landfill is hereby terminated. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON TOP OF THE WORLD SEWER RATES RESOLUTION NO. 112, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, within the Top of the World Planned Unit Development a Sewage-Works Corporation has been formed in accordance with the Transportation Corporations Law of the State of New York for the purposes of providing waste-water treatment facilities for the residents within the Top of the World Planned Unit Development, and WHEREAS, Section 121 of the Transportation Corporation Law requires that the Town of Queensbury and the Sewage-Works Corporation agree as to the reasonable and adequate rates for the collection, treatment and disposal of sewage within the Planned Unit Development known as Top of the World, and, WHEREAS, Top of the World has requested a sewer rents fee of $80 a quarter as and for the fair and reasonable cost for the collection, treatment and disposal of sewage within the Top of the World Planned Unit Development, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby sets a public hearing on the proposed rate request for sewage rates within the Top of the World Planned Unit Development which public hearing shall be held on April 12, 1988 at 7:30 P.M. at the Queensbury High School Auditorium in the Town of Queensbury at which time all persons residing within the Top of the World Planned Unit Development or the agents therefore may be heard on the subject matter of the rates requested, and BE IT FURTHER RESOLVED, that the Town Clerk shall post a copy of this notice and publish the same in accordance with Town Law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Supervisor Borgos-Noted that although this is private property in a privately owned business within the Town, the Town Law requires that the Town Board approves the rates to be charged. RESOLUTION AUTHORIZING CONFERENCE ATTENDANCE RESOLUTION NO. 113, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Mrs. Marilyn Potenza has attended a conference on January 30, 1988 on Legislative Powers and Duties sponsored by Cornell Cooperative Extension, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby approves of all reasonable and necessary expenses incurred at such attendance. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT RESOLUTION NO. 114, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town of Queensbury wishes to provide a fireworks display in observance of Fourth of July, and WHEREAS, the Town Board has determined to incorporate such a display with Town of Queensbury/ West Glens Falls Fire Company "CELEBRATION 88" NOW, THEREFORE BE IT RESOLVED, that the Board authorizes the Supervisor to enter into an agreement with Galaxy Fireworks, Inc. of Malone, New York to provide a fireworks display on July 3, 1988 at the West Glens Falls Firemen's Field for an amount not exceeding $3,500.00 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ADOPT AN AMENDMENT TO ORDINANCE NO. 28 ENTITLED ORDINANCE ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURS COUNTY OF WARREN, STATE OF NEW YORK RESOLUTION NO. 115, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board deems it necessary to adopt an amendment to Ordinance Number 28 entitled ORDINANCE ESTABLISHING THROUGH HIGHWAY AND STOP INTERSECTIONS IN THE TOWN OF RUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK, and WHEREAS, the Queensbury Town Board set a public hearing on March 22, 1988 at 7:30 P.M. on the proposed amendment to the Queensbury Ordinance No. 28, and WHEREAS, the public hearing was held at the specified time and place and all interested parties were heard on the proposed amendment to Ordinance No. 28, NOW THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Ordinance Number 28, only upon notification from the City of Glens Falls that their corresponding resolution was passed. ORDINANCE NUMBER 28 (Amendment) Section 1. Delete Fort Amherst Road from Route 9 to Bay Road as a through highway. Section 2. Add as a stop intersection the intersection of Fort Amherst Road and North Road and stop signs shall be erected on Fort Amherst Road at its entrance to said intersection from the east and west and on North Road at its entrance to said intersection from the north and south. Section 3. This Amendment shall take effect 10 days after its publication, posting and compliance with Section 1683(a) of the Vehicle and Traffic Law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 178 Noes: None Absent: None RESOLUTION TO ACCEPT BID ON GARAGE DOORS RESOLUTION NO. 116, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Pete Brault of the Building and Grounds Department did recommend that we advertise for bids for seven garage doors, and - WHEREAS, one bid were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher, and such bid was turned over to Pete Brault for his recommendation, and WHEREAS, Pete Brault by recommendation that the bid be awarded to Ed Winchip of Glens Falls, New York in the amount of $50.00 per door, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Ed Winchip of above stated. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPROVE ELECTRICAL. INSPECTORS RESOLUTION NO. 117, Introduced by George Kurosaka who moved for its adoption, seconded by Betty Monahan. i WHEREAS, the Town Board of the Town of Queensbury has adopted a Local Law (Number 4-87), the "Electrical Law of the Town of Queensbury" and WHEREAS, the Local Law sets forth certain criteria for businesses and/or individuals to perform electrical inspections in the Town, and WHEREAS, the Town Board has determined that the following firm have met the criteria: 1 New York Atlantic-Inland, Inc. NOW, THEREFORE BE IT RESOLVED, that the New York Atlantic-Inland, Inc., are hereby authorized to make electrical inspections within the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 118, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that Special Audit of Bills as appears on Abstract March of 1988 and numbered 579-583 and totaling $182,730.19 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 1.'79 Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 119, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. RESOLVED, the the Town Board moves into Executive Session to discuss Personnel Policy, Labor Negotiation, and Real Property. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Supervisor Borgos-Noted that he did not expect any announcements. On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY