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1987-05-12 TOWN BOARD MEETING TOWN BOARD MEMBERS George Kurosaka - Councilman Stephen Borgos - Councilman Ronald Montesi - Councilman Betty Monahan - Councilman Frances Walter - Supervisor MAY 12, 1987 7:30 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA TORN COUNSEL - Wilson Mathias PRESS - WWSC, Glens Falls Post Star 7:50 P.M. RESOLUTION OF APPRECIATION RESOLUTION NO.139, Introduced by the Entire Town Board. WHEREAS, the Queensbury Town Board has accepted the resignation of Kenneth R. Sorlin for the Town Planning Board with regret, and WHEREAS, Kenneth R. Sorlin, a resident of the Town of Queensbury for twenty-six years, has served our community with distinction, and WHEREAS, Kenneth R. Sorlin has been a dedicated member of the Planning Board since nineteen seventy-eight serving as its Secretary, NOW, THEREFORE BE IT RESOLVED, that the Town Board, on behalf of the residents of the Town of Queensbury wishes to express its appreciation to Kenneth R. Sorlin for the many hours and dedicated efforts he has so generously contributed toward making Queensbury a "better place to live". Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None OPEN FORUM PHILIP HARRIS-Ridge Road,Asked if the Town Board was going to be covering Round Pond at this meeting? SUPERVISOR WALTER-We will be in Excecutive Session to discuss Round Pond this evening and if the Town Board decides to take any further action it would have to be at a Public Meeting. PHILIP HARRIS-In reference to Round Pond I would like to go on record and encourage the Town Board to allow a special election for their proposition to purchase the fifty acres that's proposed for the Queensbury Round Pond Park. I would like to encourage not only the Town Board but every citizen in the Town of Queensbury to take a ride over the Country Club Road, particularly through the golf course itself, and walk up into the beautiful wooded area and look over the beautiful fresh water lake. I would like to see this particular Town Board make history in making this available to let the people decide that this is what they want. As the developments come in...pretty soon we will be an asphalt jungle and we need to preserve an area like Round Pond Park. KATHY LINDSTRAND-30 Twicwood Lane, I would like to ask the Town Board's help on a problem we are having. We have one neighbor who is holding a business from his house...he has two unlicensed vehicles on his lawn...he has an unlicensed boat trailer with a boat on his lawn... he has assorted pieces of junk and he is in the process of working on the house but as he is doing that...it is really an eyesore for the neighborhood. We would like to know what we can do about it? We know he is running a business from the house. SUPERVISOR WALTER-We will take your complaint and refer it to our Building and Zoning Department. Have you called them about this matter? MRS. LINDSTRAND-I have personnally. SUPERVISOR WALTER-And they have not responded to you? MRS. LINDSTRAND-They have been helpful but at the time they told me they didn't think there was anything that could be done but since then we know he is running a business from the house and I did not know that previously. Last year he only had one unlicensed vehicle but this year he has two and a boat and a trailer. SUPERVISOR WALTER-We will have them go out and inspect the premises. He can be asked if he is running a business and it would help if you had a letter stating your complaint...indicating that several neighbors have observed this. COUNCILMAN MONTESI-The only peace of mind you have as neighbors is the covenant you have in your deeds...we will do our part and make sure there isn't a business there but the overriding issue has to be some form of civil action by the residents in that subdivision. MRS. LINDSTRAND-We also have a realtor that is willing to put in writing that the house next door is on the market and has had three people interested in buying and all three give reasons thatthe neighbor was the reason for not buying it, there is going to be a problem with the resale of it. Asked if the two unlicensed vehicles were against zoning? SUPERVISOR WALTER-The Zoning Department is better acquainted with our local laws... we will ask them to inspect the premises and give a written report back to the board telling us if this individual is in violation of the Towns ordinances or local laws. Then at that point the board can determine what they are going to do. COUNCILMAN MONTESI-The Town of Queensbury has nine Highway Department employees and one Cemetery employee presently in a training program at BOCES. These employees in a union agreement, agreed to spend thirteen weeks, two nights a week, three hours a night on their own time with the town paying for the course. This gives the employees some upward mobility. OPEN FORUM CLOSED: 8:30 P.M. RESOLUTION TO CHANGE NAME OF DEPARTMENT RESOLUTION NO.140, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, in recent years the Recreation Department activities in the Town of Queensbury have expanded and WHEREAS, the Recreation Department now includes the maintenance of several parks as well as the planning and implementation of programs and WHEREAS, the Town Board wishes to recognize the added responsibilities of the Department, NOW, THEREFORE BE IT RESOLVED, that the Recreation Department in the Town of Queensbury shall henceforward be known as the Department of Parks and Recreation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None /G Absent: None RESOLUTION TO INSTALL STREET LIGHT RESOLUTION NO.141, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi RESOLVED, that one(1) street light be installed on Linden Avenue on Niagara Mohawk Pole number 8, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to Niagara Mohawk Corporation. Duly adopted by the following vote: I i Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING AMENDING ZONING ORDINANCE TO INCREASE THE AREA ZONED SINGLE FAMILY RESIDENTIAL-10 RESOLUTION NO. 142, _ Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, The Town Board of the Town of Queensbury has determined the need for the review and update of land use classifications for residential districts within the Town, and WHEREAS, The Town Board has received a petition from residents of Sherman Avenue, Harris Street, Mallory Avenue, Seward Street, Ames Place and Western Avenue, adjacent to Sherman Avenue, requesting that certain lands be rezoned fro UR-10 and LI-lA to SFR-10, and WHEREAS, the Town Planning Board has reviewed this request and approved said rezoning, and WHEREAS, the area for rezoning has been mapped, copy of which may be examined in the Office of the Senior Town Planner, and WHEREAS, the Town Board of the Town of Queensbury has determined that there is a need for public input and comment on said rezoning, NOW, THEREFORE BE IT RESOLVED, that the public hearing be held concerning the rezoning of the areas more particularly described in Schedule A annexed hereto and that said public hearing be held at 7:30 p.m in the meeting room of the Town of Queensbury Office Building, Bay and Haviland Roads, The Town of Queensbury, Warren County, New York on the 23rd, day of June, 1987 at which time all persons interested' in the subject thereof will be heard, and be it further, RESOLVED, that this proposal be referred to the Warren County Planning Board for review and comment, and be it further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka i Noes: Mrs. Monahan, Mrs. Walter (MOTION DEFEATED) Abstain:Mr. Borgos, Mr. Montesi Absent: None Description of the zone of SFR-10 proposed expansion in the vicinity of Sherman Avenue on file. DISCUSSION BEFORE VOTE SUPERVISOR WALTER-I am not in favor of this resolution for the reason that we have shut down any new applications for subdivisions and we are looking, during that time to rezoning the town on an overall basis. I have been discourging people who have come through and are interested in rezoning, indicating to them that we are going to take a look at the whole picture and I can't see why we are taking this particular area right now. COUNCILMAN KUROSAKA-This was tabled last fall and was supposed to be put back on the agenda the early part of the year. This is the Hallmark property and had the recommendation by the Planning Board...it was just a matter of waiting until the bids came in. This has nothing to do with subdivisions. COUNCILMAN MONTESI-When this was reviewed last fall, there was coming forth an extension of the nursing home into a residential area and there was some concerns about that. The plans that came forth from the Planning Department were changed two or three times and noted that the issue was somewhat confused. COUNCILMAN KUROSAKA-Instead of saying 500' off Sherman Avenue they used the property lines... COUNCILMAN MONTESI-Questioned the driveway cut? COUNCILMAN KUROSAKA-It was not a driveway cut, it was the Harold Ramsey lot, that they were putting the building on, but that is not going in now. We would like to have that single family so no one can build on it. The main issue was the one lot but it was logical to have everyone look at it to get a complete logical sequence of zoning change. SUPERVISOR WALTER-The point is if it was laid over since last October and now we are in a time where we have taken on a new project which we did not have on the table at that time what is the necessity of having it done now? If there are any other zoning changes in that area we will have to do it twice. COUNCILMAN KUROSAKA-This was petitioned and we had it, this was supposed to go on the agenda in January... SUPERVISOR WALTER-There was some questions about it...we may want to enlarge the zone in the new zoning plan because we are talking about single family residential at 10,000 sq. feet, that may change in the new zoning plan. COUNCILMAN MONAHAN-That would make awful small lots. COUNCILMAN KUROSAKA-There are no small lots there. COUNCILMAN MONAHAN-There could be...if you have larger lots and you put it SFR-10 what is to prevent the people from subdividing them? COUNCILMAN KUROSAKA-We want to preserve the character of the area to single family. (using the proposed rezoning map the board reviewed the specific lines of the rezoning) COUNCILMAN MONTESI-Stated that he would like to study this in further detail and Councilman Monahan agreed. SUPERVISOR WALTER-We have had ample discussion on this to set a resolution to amend the zoning ordinance to increase the areas zoned single family. - VOTE TAKEN ON RESOLUTION AT THIS TIME COUNCILMAN KUROSAKA-Asked if this resolultion was defeated... TOWN COUNSEL-Yes COUNCILMAN BORGOS-Stated that they would bring it back after getting more information RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY TO BE KNOWN AS HIDDEN HILLS DRIVE (NEW TOWN ROAD). RESOLUTION NO. 143, Introduced by Mrs. Frances Walter who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Michael G. Woodbury and Ralph B. Woodbury, have executed and offered a deed for town roadways not less than fifty (50) feet in width for a new town road extending south/southwest from Dixon Road and an easement agreement for drainage purposes which are more particularly described in Schedule "A" and "B" WHEREAS, Paul H. Naylor, Superintendent of highways of the Town of Queensbury has advised that the road meets the standards of the Town of Queensbury and Thomas K. Flaherty Superintendent of Water of the Town of Queensbury has advised that he has made the necessary inspection of Water Line Installation and finds that said installation has been made in accordance with the standards and requirements of the Water Department of the Town of Queensbury and that he recommends that the Board accepts this land. A reinspection of valves and valve boxes at the time of paving has been done and WHEREAS, the form of the deed has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further, 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.427, Description: South/Southwest NAME: Hidden Hills Drive Feet: 2819' Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None OLD BUSINESS SUPERVISOR WALTER-Asked Mr. Montesi if he had heard anything from the Planning Board regarding the new standards adopting specifications for Town Roads? COUNCILMAN MONTESI-Noted that he had heard from four of the Planning Board members and stated that a couple of adjustments had to be made. COMINNICATIONS: Ltr. - North Queensbury Fire House, regarding 1250-gallon tanker...on file. RESOLUTION TO APPROVE THE PURCHASE OF A 1250-GALLON TANKER. RESOLUTION NO. 144, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi. fRESOLVED, That the Town Board of the Town of Queensbury authorizes the North Queensbury Fire Company to purchase a 1250-gallon tanker, with 1250-GPM Pump. 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-North Queensbury says it is the only apparatus that they will be financing. COUNCILMAN MONAHAN-Did they get proposals from more than one manufacture? COUNCILMAN BORGOS-They are extremely thorough, not only on their final bidding process but also on all the specifications. Ltr. - Highway Department regarding no parking...on file. SUPERVISOR WALTER-Noted that the Town Board wishes to confer with Mr. Naylor a local law would be prepared and then a public hearing will be set. j COUNCILMAN MONAHAN-At the time we were up there we also talked about out to the end where it becomes a private driveway, perhaps it should be no parking on one side, for the easy access of emergency vehicles. COUNCILMAN MONTESI-Asked the difference between no parking and a tow away zone? RICK MISSITTA-Responded to the Town Board, the difference in zones. REPORTS Town Clerk and Building & Code Enforcement for April, 1987 on file. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 145. Introduced by Mr. Stephen Borgos, who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, Audit of Bills as appears on May 12, 1987, Abstract and numbered 1686 -1933 and totaling $276,362.58 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 TO RETAIN KESTNER ENGINEERS, P.C. RESOLUTION NO. 146, Introduced by Mr. Stephen Borgos, who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, there is a need for engineering supervision during the construction of the Quaker Road Sewer District, and WHEREAS, Kestner Engineers are the designers of the sewer system and are most familiar with the project, NOW, THEREFORE BE IT RESOLVED, that the Town Board retain Kestner Engineers, P.C., Troy, New York to provide professional supervision Quaker Road Sewer District - for a fee not to exceed: CONTRACT 2 - $167,977.92 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. 147, Introduced Mr. Stephen Borgos who moved for its adoption, seconded r : by Mr. George Kurosaka. RESOLVED, that the Town Board hereby moves into executive session to discuss Town Litigations. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TORN BOARD TO RECONVENE: RESOLUTION NO. 148, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that Town Board of the Town of Queensbury moves out of Executive Session, after discussing litigations on Round Pond. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION: SUPERVISOR WALTER:Asked Town Board if they wish to put a resolution on the floor, asking Town Counsel if he wished to proceed with the appeal process regarding Queensbury Association et.al. verses Town of Queensbury et.al. RESOLUTION TO APPEAL PROCESS RESOLUTION NO. 149, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board hereby request Town Counsel to proceed with the appeal process regarding the Queensbury Association et.al verses the Town of Queensbury et.al. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY