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1987-12-08 72 TOWN BOARD MEETING DECEMBER 8, 1987 7:30 P.M TOWN BOARD MEMBERS FRANCES WALTER-Supervisor GEORGE KUROSAKA-Councilman STEPHEN BOR.GOS -Councilman RONALD MONTESI -Councilman BETTY MONAHAN -Councilman PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STEPHEN BORGOS TOWN COUNSEL-Wilson Mathias PRESS-W WSC OPEN FORUM COUNCILMAN MONTESI-I received a letter from the Town Health Officer regarding the over population of the ducks in the duck pond on Fort Amherst and Bay Roads. The complaints are in regard to the large number of birds and the secondary rat population and the fetal contamination of the pond...It has been recommended that it is necessary to post the pond and asked the residents not to feed the ducks. The Town Buildings and Grounds Committee will be posting the pond in the near future. It will be the decision of this Town Board acting as a Town Board or as Health Board whether we post this or not. SUPERVISOR WALTER-Asked for further comments-none RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.369,Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. RESOLVED, that the Town Board hereby moves into executive session to discuss litigation and personnel. Duly adopted by the following vote: Ayes; Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: None Absent:Mrs. Monahan RESOLUTION TO RECONVENE RESOLUTION NO. 370, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the Town Board reconvenes into session. Duly adopted by the following vote: Ayes: Mr. George Kurosaka, Mr. Stephen Borgos, Mr. Ronald Montesi, Mrs. Walter Noes: None Absent: Mrs. Monahan SUPERVISOR WALTER-In executive session we discussed litigation relative to assessment cases that are pending and at this time the Board does not wish to take any action. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 371, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the Town Board Minutes of November 19, 1987 be and hereby are approved. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter r�rz Noes: None Absent: Mrs. Monahan RESOLUTION TO SET PUBLIC BEARING ON THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT RESOLUTION NO.372, Introduced by Mr. Stephen Borgos who move for its adoption seconded by Mr. George Kurosaka. WHEREAS, a map, plan and report have been prepared by Kestner Engineers, P.C. in the manner and detail as determined by the Town Board of the Town of Queensbury regarding the creation ( of the Hiland Park Sewer District, and WHEREAS, such map, plan and report have been filed in the Town Clerk's Office in the Town, and WHEREAS, the boundaries of the proposed Hiland Park Sewer District are described in Schedule "A" hereto annexed, and WHEREAS, the improvements proposed consist of the installation of sewer mains and appurtenances, together with other construction and materials as described in the map, plan and report, and WHEREAS, the maximum amount proposed to be expended for the aforesaid improvements is $3,200,000 and WHEREAS, the proposed method of financing the cost of improvements shall not be through the issuance of bonds, notes, certificates or other evidences of indebtedness of the Town of Queensbury, but rather shall be borne by the developer in accordance with Town Board Resolution #212 of July 14, 1987 enacting Hiland Park Planned Unit Development, and WHEREAS, the map, plan and report describing the improvements are on file in the Town Clerk's Office for public inspection, and WHEREAS, the costs aforesaid shall be assessed, levied and collected from lots and parcels of land within the boundaries of the district heretofore described in the same manner and at the same time as other Town charges and further pursuant to an agreement made in accordance with Section 277 of the Town Law between the Town of Queensbury and Hiland Park Corporation guaranteeing the payment of the assessments and the costs for the extension of such district, NOW, THEREFORE BE IT ORDERED, that a meeting of the Town Board of the Town of Queensbury shall be held at the Town Office Building at Bay do Haviland Roads in the Town of Queensbury on the 22nd day of December, 1987 at 7:30 P.M. for the purpose of conducting a public hearing on the proposal to establish the Hiland Park Sewer District with the improvements specified as aforesaid and to consider the map, plan and report, and to hear all persons interested in the subject thereof, concernini the same, and to take action as may be required and authorized by law, and it is further ORDERED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish a copy of this order on the sign board of the Town of Queensbury in the time and manner required by Town Law. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: None Absent: Mrs. Monahan (Schedule A on file) SUPERVISOR WALTER-Withdrew the Resolution entitled Local Law Establishing Sanitary Regulation: and Sewer Connection Procedures for all sewer districts until the next meeting of December 22, 1987. 1 RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAYS TO BE KNOWN AS IROQUOIS DRIVE AND TOMAHAWK ROAD. RESOLUTION NO. 373, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. George Kurosaka. 74 WHEREAS, Timber Land Consultants, Inc., has executed and offered a deed for town roadways running on the southerly side of Peggy Ann Road and the easterly side of West Mountain Road which are more particularly described in the attached deed, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, roadway surface and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has adviser that he has made the necessary inspection of Water Line Installation and finds that said installati has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed and title to the roadways has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED,that the new roads be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 320 Description: North/South Name: Tomahawk Road Feet 1730' (.38) Road No.442 Description: East/West Name: Iroquois Drive Feet: 990' (.19) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: None Absent: Mrs. Monahan DISCUSSION BEFORE VOTE SUPERVISOR WALTER-Noted that the deed on this subdivision all refer to Land O' Pines although it is advertised as Tyneswood...that has to be changed on the plat at Warren County and other places and suggested looking at the deeds. TOWN COUNSEL-The name of the subdivision right now is Land O' Pines and filed in the County Clerks and the Planning Board the question that is going to come up is that there are lots that are sold and those lots are described by reference filed in the clerk's Office...that leaves the possibility of confusion being created when the name gets changed and the question then is lot 10 in Land O' Pines the same as lot 10 in Tyneswood...it could result in some delay in terms of closings...to avoid confusion you should be consistent. SUPERVISOR WALTER-I want as part of the record that there could be some confusion regarding these two roadways and where they are located. The Planning Board will make the necessary resolutions for the name change and the plats are filed with Town Clerk here and with the County _ Clerk and they will have to make those changes. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAYS TO BE KNOWN AS OAK VALLEY WAY RESOLUTION NO. 374, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. V �J WHEREAS, Joan M. Kurbricky, has executed and offered a deed for town roadway running easterly off Ridge Road which is more particularly described in the attached deed, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, and drainage implementation, and finds that such work has been performed in accordance with the standards and requirement of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, in accordance with Article III, section 6 of the Town of Queensbury subdivision regulations Joan M. Kurbricky has filed an affidavit agreeing to complete surfacing of the new road together with a certified check in the sum of $20,000.00 the amount recommended by Paul H. Naylor to cover the cost of satisfactorily completing construction of the roadway, and I `-- WHEREAS, the form of the deed and title to the roadway has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that this road be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 443, Description: East/West Name: Oak Valley Way Mileage 2,250' (.42) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: None f Absent: Mrs. Monahan DISCUSSION BEFORE VOTE COUNCILMAN BORGOS-Asked if the $20,000.00 is held in Escrow? SUPERVISOR WALTER-Yes, in an interest bearing account. COUNCILMAN MONTESI-Noted that the figure is lower because the road will be penetrated to prior standards of oil and stone, maybe in the spring it will be paved blacktop. (Councilman Monahan entered meeting) RESOLUTION TO INSTALL STREET LIGHTS RESOLUTION NO.375, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the following street lights be installed: One (1) Sodium street light at the following poles numbers on Blind.Rock Road: Pole Number 39 Pole Number 401 (Queensbury Central Lighting District) and be it futher RESOLVED, that a certified copy of this resolution be sent to Niagara Mohawk Power Corporation. i �s Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION BEFORE VOTE: SUPERVISOR WALTER-I could go for one of the lights on Blackberry and Blind Rock...I don't really see the purpose and I have driven over it quite a few times at night, for all of these lights asked Mr. Montesi why he feels all four of these lights are necessary. COUNCILMAN MONTESI-I drove it to and if we are going to maintain the rural character of that road we don't need the lights but once you leave Bay Road and go all the way to the Country Club there are no lights on that whole stretch. This lighting request takes care of the intersectie,,-.) of Blind Rock Road and then continues to give more light on that road. SUPERVISOR WALTER-Questioned if all the residents want all of this road lighted. COUNCILMAN BORGOS-I think two are justified for safety reasons. COUNCILMAN MONTESI-The following street lights on Blind Rock Road would represent two lights, pole #39 and pole #401...This is in the Queensbury Central Lighting District. SUPERVISOR WALTER-Stated that we should let NIMO know. RESOLUTION TO AMEND RESOLUTION NUMBER 260 of 1987 RESOLUTION NO. 376,Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the personnel authorized to issue parking violation summonses in designated non-parking areas of Aviation Mall has changed, NOW, THEREFORE BE IT RESOLVED, to amend Resolution No. 260 of 1987 (designating public servants for issuance of parking violation pursuant to Local Law Number 1 of 1987 or amended by Local Law Number 7 of 1987) deleting the names of Michael Peot and Richard McDonnell, and adding the name of John Winchell. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION RESCINDING RESOLUTION NO.348 OF 1987 RESOLUTION NO. 377, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, by Resolution No. 348 adopted November 10, 1987 the Town board declared itself lead agency for the establishment of the Hiland Park Water District, and WHEREAS, such resolution included a determination of non-significance, and WHEREAS, prior to the enactment of the Hiland Park P.U.D. the Town Board made certain findings of fact in accordance with article 8 of the Environmental Conservation Law and 6 NYCRR Park 617, which findings addressed the issue of potable water for Hiland Park, and WHEREAS, by the creation of the Hiland Park Water District the Town Board implemented one of the mitigative measures described in the Hiland Park DEIS and FEIS, and therefore no additional requirements under SEQRA were imposed on the lead agency, NOW, THEREFORE BE IT, RESOLVED, that Resolution No. 348 of 1987 is hereby rescinded because such resolution was a duplication of the SEQRA procedures previously completed by the Town Board. Duly adopted by the following vote: i Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION BEFORE RESOLUTION BROUGHT TO THE FLOOR SUPERVISOR WALTER-In trying to comply with the SEQRA Law before we had a resolution for a public hearing on the Hiland Park Water District, passed a resolution for the Environmental Significance...that was sent to a list of people by our Town Clerk, we have heard back from EnCon indicating that we don't need to do that...when we do a significance on a district that has already been handled through the findings of the PUD and the secret hearings, it is confusing at DEC and don't wish to have us do that. We would like to rescind and notify them particularly that we are rescinding the other so that they can adjust their files. COMMUNICA71ONS Ltr., from Warren County Sheriff's Department regarding the intersection of Dixon Road and Old Forge Road on file. PAUL NAYLOR-Stated that he got a letter from Warren County today asking to have all the brush cut to make things more visible and thought we should move the stakes back to make room to pile the snow. I Ltr., from State Comptroller regarding an examination of the accounts and fiscal affairs of the Town of Queensbury for the period on January 1, 1986 ending on December 31, 1986 on file. BID OPENING "Bid" TRANSPORTATION FOR THE ELDERLY Saratoga Springs Exec. Limousine non-col. attached 324 Nelson Ave., Saratoga Springs, N.Y. 104 days at $125.00 per day CWI non-col. attached 11,000 P.O. Box 196 G.F., N.Y. 12801 RESOLUTION TO ACCEPT BID RESOLUTION NO.378, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, The Town Board of the Town of Queensbury did recommend that we advertise for bids for bids for Transportation for the elderly and f WHEREAS, Two bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher and WHEREAS, The Town Clerk has recommended the low bid be awarded to CWI, Glens Falls, New York 12801, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of CWI in the amount of 11,000.00 '78 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None LTR., from Department of Public Works, Fred Austin, P.E. regarding the speed limit on Blind Rock Road on file. PAUL NAYLOR-Stated that the State would require a resolution to make the speed limit signsleg RESOLUTION RECOMMENDING SPEED LIMIT ---- RESOLUTION NO. 379, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, to send the request from residents regarding the speed limit on Blind Rock Road a County Highway between Bay Road and Country Club Road, to Mr. Fred Austin for his recommendati Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE PURCHASE RESOLUTION NO. 380, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the purchase of two (2) Saulsbury custom built fire apparatuses as recommended by the Queensbury Fire Study Committee for the West Glens Falls Fire Company No. 1, total cost in the amount of $323,616.00.' Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION BEFORE VOTE: SUPERVISOR WALTER-A letter from the West Glens Falls Fire Co. No., West Glens Falls, N.Y. arrived today asking the backing of the Town Board on their purchase of these two units. COUNCILMAN BORGOS-Stated that we have a strong volunteer force, we can afford good protection.. have the finest equipment—at a very very low cost to the taxpayers. COUNCILMAN MONTESI-Asked if the Board wanted to make any kind of decision for Recreation Commission fixing the barn on the Ridge Road Park...do we want to go to bid on it...they feel it is a large enough structure, sure it up and maintain it and make it weather tight. COUNCILMAN MONAHAN-I feel the building is well worth saving. SUPERVISOR WALTER-The Architect said it would be a building for storage. COUNCILMAN MONTESI-In looking at an expanded recreation program and it will make an ideal place. COUNCILMAN MONAHAN-It should be preserved for historic history in the town. REPORTS Town Clerk and Building & Code Enforcement for November 1987 on file. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 381, Introduced by the Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, Audit of Bills as appears on November 1987 abstract 3846-4102 and totaling $456,479.23 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 382, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. RESOLVED, that the Town Board hereby moves into executive session to discuss litigation and personnel. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter iNoes: None Absent: None ON MOTION THE MEETING WAS ADJOURNED DARLEEN DOUGHER TOWN CLERK, TOWN OF QUEENSBURY yy V