Loading...
1987-05-26 166 TOWN BOARD MEETING MAY 26, 1987 7:30 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BORGOS TOWN BOARD MEMBERS George Kurosaka, Councilman Stephen Borgos, Councilman Ronald Montesi, Councilman Betty Monahan, Councilman — Frances Walter, Supervisor TOWN COUNSEL-Wilson Mathias PRESSrW WSC, Glens Falls Post Star GUESTS-Paul Naylor, Lyle Stevenson, Dana Winchell, Art States, Peter Tarana, Philip Harris, Walter Medwid, Bill Johnston. SUPERVISOR WALTER-Our first order of business this evening is a public hearing, regarding electrical inspections within the Town of Queensbury, allowing the town to regulate electrical inspections in the town. We are revising a current ordinance and are looking to have more than one party do electrical inspections within the Town of Rueensbury. Asked for public comments. NOTICE SHOWN LYLE STEVENSON-Middle Department Inspections Agency. Some time ago I received your proposed new electrical law and reviewing the law, I find everything acceptable with the exception of item 9...the licensing fee...$500.00. No where in our operations in anyplace in the state do we pay any kind of a fee like that. The fee has been running in other townships, $50 to $100.00 and as far as the law is concerned this is the only thing I have to comment on. COUNCILMAN BORGOS-In the other communities do you set the fees that you charge or does the community set the fees. MR. STEVENSON-The communities sets the fees. COUNCILMAN BORGOS-I am talking about the inspection fee. MR. STEVENSON- We have posted with the Building Department our fee schedule sheet. COUNCILMAN BORGOS-Hopefully you will make some sort of a profit. MR. STEVENSON-That is correct. SUPERVISOR WALTER-That's different from the $500.00? MR. STEVENSON-That's correct. COUNCILMAN BORGOS-I am just thinking even if you did 500 inspections a year, that would be a $1.00, I am sure you will do a lot more than 500 inspections a year...so the $500.00 isn't really a lot of money. MR. STEVENSON-I am only basing my opinion and decision on other communities, even in relation to this area, which is Rochester for one, Greece is another one...I must correct myself, Greece has not established a fee as yet...we are working there and we agreed to pay the fee when it is established in the Town of Greece. Other townships within that area are I $50.00. I have a feeling that Greece's fee will be $100.00 as that has been discussed but no where has any of them established a $500.00 license fee to allow you to work in that area. The rest of the ordinance is very good and done in a very good manner other than the $500.00 fee. DANA WINCHELL-New York Atlantic Inland, Fire Underwriters out of Cortland, New York, they said this was publicized...I live in Fort Ann and neither me or my home office got a copy of what this gentlemen has with his home office. SUPERVISOR WALTER-It was publicized by legal ad which we are required to put in our official newspaper and the ad indicates that copies are in the office of the Town Clerk. MR. WINCHELL-OK, I missed it in the paper, the only thing I can say other than what this gentlemen says is...his company and my company and the one who works in Queensbury now...I probably get ten to fifteen calls a week from people in this area that would like me to inspect, they have been waiting numerous days, weeks for the inspector and I don't know what the problem is but... COUNCILMAN KUROSAKA-We have only one inspector in the town now. i MR. WINCHELL-My area is from Saratoga to Minerva and I work a full time job along ____with being an inspector and I have no problem with keeping up so I don't feel that is a good excuse for him. _.„OUNCILMAN MONTESI-This has been our concern, that the job isn't getting done and obviously we or the Town Board in the past gave it exclusively to one company which is not unusual, so if that company isn't preforming, the only way to improve the situation for our citizens is to open the door to make it available to other companies. COUNCILMAN BORG OS-Procedurally a Town would be like a central office for people to phone in for request for electrical inspections or would these firms have their own phone number? The reason I am asking is that the Town will incur some expense in being your office essentially, that would help justify the $500.00 fee, different from a business paying its own expenses completely with office staff or whatever. MR. STEVENSON-Are you saying then that all the applications in the Town of Queensbury would come through this Building Department? COUNCILMAN BORGOS-This is what I am asking, I think it is written in the Local Law as I recall. SUPERVISOR WALTER-Page 4, item i... the electrical inspector shall not accept without the Building Inspectors approval an application or conduct an inspection at any given location for which the applicant is informed...so you can see it is going through our department. ---ART STATES-Hague, New York, with FDIA-A little background as to how the county works it...to go through your office constantly is going to be a lot of work on you people and it is going to kind of be a hindrance to somebody who is trying to get a service or the contractor calls us in, is the way it usually works. ...what I pick up I do and then I turn the sheets back into the county with a CO so the Building Inspector knows that it has been completed and he gives them their final or he ask the individual who they want to use as an inspection agency. He can't just say well, yes here's the Building Department...he asked who they would like and they tell him, they tear the sheet off and keep the green section and I get the other section. I come to the county once a week to pick them up for the people who call me, that's the way it usually works. To do everything out of your office is going to draw it out. TOWN COUNSEL-Our office only gets involved...if an inspector turns down a job so that you don't have a situation where a homeowner starts shopping around for a different inspector. COUNCILMAN BORGOS-The request for the electrical inspection currently comes through here and you sign all the forms here. MR. STEVENSON-In the other areas throughout the state that I have under me...is that ,..he application, assuming that you are the contractor and you met me in a coffee shop, you can give me the application at that time if it is in community and then my office or me, if I am working out of my residence, Iwill then mail the green copy to the Building Department. When I have completed that inspection then I will also mail to the Building Department the CO as well as the contractor getting his copy that the building is accepted and a copy would come here to the Building Department. Also the Building Inspector can stop into the Building Department here and pick up applications that have been dropped here by the contractor. COUNCILMAN BORGOS-We would maintain here a list of those people who are approved by the town to inspect in the town so people coming in can select from any of the firms on the list. MR. STEVENSON-That is correct they can select the firm they want. 168 SUPERVISOR WALTER-On page 3, item f. indicating that the electrical inspector shall maintain an office or place of business staffed eight hours a day, and what you are staffing you would consider that to be your home office? MR. STEVENSON-I have been told by my people that we will establish an office very shortly in this area, if this ordinance goes through, with an office girl. COUNCILMAN BORGOS-Can we put in that this office will have a toll free number, in other words either within the 79 dialing area or a 800 number, I think that would be important. I SUPERVISOR WALTER-All the inspectors shall have adequate experience and education relating to the trade as far as the code interpretation is concerned. Relating to one sentence in the Local Law...noted that the final determination to which electrical inspector meets the qualifications shall be at the sole discretion of the Town Board, asked Mr. Stevenson if he had a problem with that? MR. STEVENSON-No, not a bit...Niagara Mohawk requires that in our area up in the Utica, Rome area, Syracuse area requires that you mail them the qualifications of the electrical inspector that is going to be working in the area that you designate him in and that remains with them until you make a change or whatever. Also in the town of Greece, an<JI mention Greece because they have the most rigid ordinance...we had to mail the Tovn of Greece the qualifications and the background of every inspector who is working in that area, as to whether they are qualified people or not and it should be the same here. SUPERVISOR WALTER-1 did talk with the Supervisor from the Town of Greece, Mr. Riley but they have actually just instituted this law fairly recently though, as my question to him was "how was it working", and he said it was just too little time. MR. STEVENSON-We haven't been working in the area that long, in the Town of Greece. I think the Building Inspector would review the application as to the qualifications of the individual and that alone should qualify him to work in the area, if he's got the back ground and if its on paper. We are doing it more now then we did in the past because more of this stuff is coming to light than it did before...like you questioning whether the man is qualified to work in your area or not, five, six, ten years ago that wasn't even brought up you were allowed into it because of laws. I think it should go beyond laws, because to establish a law, that doesn't make that individual acceptable, he may be acceptable as a person but as far as qualifications he may not meet them and we do have very qualified men. Noted that Art was very qualified and had been in the electrical business all his life, in fact he used the Middle Department in New Jersey some thirty years ago when he had his inspection work done. I have been with the company twelve years and was an electrical contractor, for about fifteen years I was field engineer for Federal Pacific Electric out of New Jersey, so we do have the background and you will be informed of the people, in writing that they do have the background. COUNCILMAN MONTESI-Asked if it were possible for somethings can fall between the cracks. A contractor sees you and gives you the application, in the mean time my code enforcement officers are out and they wonder where that particular thing stands. In other words until the letter comes back to them they really do not have a handle on where that particular project or building or structure is. MR. LYLE STEVENSON-They are not too far away from it because, let me say this, when the application is received in the following days mail that green copy will come to this Building Department, now on the same token when that job is finaled out that CO will be in this Building Department the next day. COUNCILMAN MONTESI-So it is the responsibility of the company to return that green copy as soon as possible so the Building knows that the action is in progress. i MR. LYLE STEVENSON-Yes, and when he receives it he stamps the time he receives it, and if they receive an application from another agency four days later, they can't use it they have to stay with the original application. Supposing you didn't like the way I made your inspection and suppose I sent you a violation form and you say I don't go for this, I will go to another company, you can't do that, once established, they can't change until the job is done. He showed the Town Board a sample of the form used. SUPERVISOR WALTER-Asked Dana Winchell from New York Inland if he was working in town currently with the men from Middle States? DANA WINCHELL-No, I just met these gentlemen tonight. I work in every town from Saratoga up to Minerva. SUPERVISOR WALTER-What I am getting at is...we have experience where we've had exclusively one company doing electrical inspection in the Town of Queensbury, and we are looking at this local law where the Town Board will establish that other people can do electrical inspections if the Board feels they are competent...so my question to you is...is it compatible, have you found this compatible. DANA WINCHELL-I have no problem...I had a call the other day from a guy in North reek and noted that the Middle Company's man was closer and suggested he do it. The companies work together...it is not a dog eat dog world out there. You asked Lyle here --about qualifications...well I just got back from an eight hour seminar in Cortland that is required to be attended once a year. SUPERVISOR WALTER-Asked Mr. Stevenson if it were compatible with him also. MR. LYLE STEVENSON-Yes we do the same thing, we work with the Niagara Mohawk, New York State Electrical Gas, municipalities, smaller municipalities do have some little decisions of their own that they want added to this besides what is in the Niagara Mohawk or New York State Electric Gas. We also had a seminar on the 29th of April in my area under the 1987 code and 184 contractors attended at that meeting. We had Niagara Mohawk to discuss trailer services which seem to be a problem all the time. Grounding is another big item and that goes into the inspection part of it. We work with all the Building Departments, Niagara Mohawk and we have correspondence going back and forth constantly. COUNCILMAN MONAHAN-Page 5 - Section 9 - All licenses shall be for a term of one year... how are we going to define one year...shall it be the date this is passed and becomes a local law and if anybody comes in after that is going to pay part of a year or are they going to pay the full year and then pro-rate it or is it going to be from the date they start doing business in the Town of Queensbury, I think we need to define this a little bit. COUNCILMAN BORGOS-Stated that he thought it should be for the whole year just like for a hunting and fishing license, if someone comes in, in the middle of the year they still have to pay for the full year, otherwise they would be pro-rating all the time. SUPERVISOR WALTER-Asked for further comments hearing none the 1st Public Hearing was closed. 8:00 P.M. 2ND PUBLIC HEARING 8:01 P.M. NOTICE SHOWN SUPERVISOR WALTER-Stated that the 2nd Public Hearing was proposed to authorize personnel of Northway Plaza to serve parking violation summonses and this is a mirror local law to the one set for Aviation Mall. The Northway Plaza at that time indicated that they also would like to be able to issue tickets for parking in handicapped areas, fire lanes, pedestrian walks and all other lands and premises apertinent thereto. In this particular instance we are allowing the Northway Manager, Assistant Manager, and the Superintendent of Buildings and Grounds and an employee of the Town of Queensbury to issue tickets in these areas. Noted that there will be a fairly steep fine, 1st offense ,ot to exceed $25.00 and the subsequent violations are not to exceed $100.00. Asked nor public input, hearing none the public hearing was closed. 3:05. P.M. OPEN FORUM 8:06 P.M. PETER TARANA-27 Edgewood Drive-I am here to talk about the Round Pond referendum...to express my concern over the Town Board's refusal to hold referendum. I personally passed petitions around on that issue, and over 750 people signed it, didn't necessarily agree with the potential use of eminent domain but they certainly wanted to vote on it. You people sat on the referendum for a while and the Queensbury Association brought it to 11470 court, the court seems to have said, yes we can hold the referendum, now the Town Board has decided to appeal. Seems to me that the Town Board is doing everything it can do to prevent people from voting on an issue they want to vote on and I urge you to reconsider that and let the people vote yes or no on the referendum. I ask you, perhaps to explain why you have chosen to appeal? TOWN COUNSEL-You will have an opportunity to file briefs which will set forth the basis for what the claim error in Judge Mercure's decision was and I think as soon as those briefs are drafted, certainly you will get the public documents and things that you can get copies of. SUPERVISOR WALTER-The matter is in litigation and when you do have any kind of law suits in the courts its really not proper nor wise to comment on that suit publicly. PETER TARANA-Noted that his concern was not with the matter of the Town's concern over the issue of eminent domain...and that phrase...and I am not talking about that issue. My concern is voting on the referendum that was properly designed and properly submitted and some question arose, appeal was generated. SUPERVISOR WALTER-Stated that Judge Mercure's response was to the Town's response to the Queensbury Association which the Town said to dismiss the suit and Judge Mercure said that he would not dismiss the suit. TOWN COUNSEL-Noted that there has been some additional defenses asserted in the answer that has been served and there are still some questions right now pending in front of Judge Mercure. PETER TARANA-As a taxpayer I object to having my taxes spent to make it difficult for me to vote on a petition that has already gone through one court. COUNCILMAN BORGOS-Stated that he wanted to clarify a statement he made to the press...which was correct but taken out of context...I believe I said something like the residents were not in a position to vote in this issue...I think those were my words...What I meant by that was that certainly the taxpayers are going to pay the bills so they are qualified and in no way did I imply that they are not qualified to vote or shouldn't express their opinions, because opinions are certainly wanted—but as best I can find there would be a dangerous legal precedence in permitting the voters to vote on particular issue which involves in this case the taking of another's land...because the people involved do not want to sell it. In my mind that's not for the taxpayers to do...the Town Board, I believe is legally empowered to do something of that nature, but if we let the taxpayers do it -- in this particular situation, then there could be a vote a week later to take somebody's else's five acres or somebody's else's house for almost any reason and we would be met constantly with these request to do takings and that's my concern, not that you are not qualified to be able to appraise the situation but that the law hasn't been set up to have a bunch petitions come in at any time for any purpose and that's my big concern here. PETER TARANA-I am concerned with construction across from Round Pond. TOWN COUNSEL -Noted that when the 500 feet was designated as an area of critical Environmental Concern that, that designation only applies to actions coming within that area defined under SEQRA and the term actions does not apply to any kind of ministerial act which in this case the issuance of a building permit for a single family resident is one...it is a ministerial act, and I think this one issue isn't covered. PETER TARANA-So someone else can come for a single family residential permit? TOWN COUNSEL-No because our subdivision regulations talk about four lots as a minor subdivision anything above that number is a major, both those types of subdivisions require approval and action by the Planning Board. Therefore those actions would be a type I. action and someone would have to make a determination whether they had to go through the Environmental Impact Statement process. PETER TARANA-Stated that straightening the road would be a great idea if the park was put in but if it is straightened now that house is going to be awfully close to the road. COUNCILMAN MONTESI-If its 500 feet beyond the lake that means the builder is within his rights...a landowner cannot take away one lot at a time by trying to supersede the subdivision regulations...the most he can possibly do before he gets nailed is divide his land up into four lots and that's the maximum he can do before he can qualify as a subdivider. PETER TARANA-In regard to the moratorium asked what was going to happen now that we do not have a Town Planner? SUPERVISOR WALTER-I would say that it is too early to determine if we cannot accomplish all the items that we hope to accomplish during this six months. I think that a further assessment of that, at least half way into the moratorium would be...not necessarily proper, but there are some things we will be doing and because we have lost our planner doesn't mean that we've come to a full stop. The Planning Board is still looking at having their meetings and continuing on...so at this point I would say we would not be looking at an extension of the moratorium but that in fact we may be set behind a month or six weeks and its just really too early to determine that now. PHILIP HARRIS-I would like to voice my disappointment in the Queensbury Town Board by your decision that the people of Queensbury do not qualify to vote...in this instance on the Round Pond Park petition. COUNCILMAN BORGOS-I do not get angry very often, but I don't think I could have nade it much more clear than what I said a few minutes ago that in no way am I implying that the citizens of this community are not qualified they are certainly qualified to determine what they would like or not like. WALTER MEDWID _Laurel Lane-Commented on the fairly abrupt departure of Stewart Mesinger...and noted that the reasons that brought Stewart here in the first place were very positive and forward thinking measures taking place in theTown. If Stewart's departure was due to a personnel matter I think I would be the last person to question the Town Supervisor's right to deal with a personnel question. From the reports it appears that the departure of Stewart goes beyond a strict employer...employee relationship and from what I can gather those issues will not be made public...I would argue the point that professional matters are a very different issue, professional matters are matter that should be reviewed by some body...and I don't know what body that is but there are suggestions that a developer in the town influenced the decision of Stewart to leave. Rumors but not the less that is the suggestion. SUPERVISOR WALTER-They are rumors, Mr. Medwid so if you would like to deal with facts and question the Board related to facts... WALTER MEDWID-I wish I had the facts in which I could comment and I think that is the point I am trying to make tonight is that the facts have not been made public as to the questions of Stewart Mesinger's issues regarding the professional atmosphere in which he worked. My assumption is that there is a reason for his departure that goes beyond personnel matters. There is a suggestion in the word professionalism that he was hired by this Town, the Town made an investment in him...he was not allowed to do his job in the manner in which he thought it should be done. SUPERVISOR WALTER-These are rumors. WALTER MEDWID-I believe you have been quoted as using the word professionalism and again I don't think that is a rumor, I believe that that is a quote attributed to either you or some other member of the Town Board. It is that, that has been brought to the forefront. What concerns me is that we had a very bright guy and we are going to get someone else and if the issues are not made public as to why Stewart left, we are going to find ourselves in the same position with Planner B. We talk about a month's delay but in order to get that person on board understanding some of the issues in the Town of Queensbury is not going to take four weeks, not six weeks, eight weeks, before a new planner is on board and functioning...its more like... COUNCILMAN MONTESI-Each one of us had a big input in selecting Stewart after looking at eight or ten people...The one nice thing about what every reason Stewart left is that this whole Board had a lot of faith and confidence in him up until his letter of resignation, ecause we put forth the moratorium to make a better town and look at where we are ,—going...and the responsibility fell squarely on Stewart...along with 3 PUD's. Noted that maybe Stewart threw up his hands and felt a lot of pressure. We think having a professional Manner is very important...how are we going to get through this moratorium and what we would like to do is... stick to a time table...we might have to hire a consultant. SUPERVISOR WALTER-Mr. Medwid, I understand your concerns and the concerns of the people in the Town of Queensbury. We will undoubtedly have three or four more Planners in the position...its a brand new position, we are just getting started and in fact our first person who took the job was a part of molding the whole department. Referred to the fact that she had worked daily with the Planner and the Town Board had on a weekly basis and are in a position to know the employees and to indicate where they are going with the department because it was their idea to have the department in the first place. Stated that she had been pushing it for three to five years and now it is established. 1.'72 We are a young town that is going from a very small town atmosphere to a much larger town where we are the only town in the whole area that has a planning office. In other communities it is run by the county. I understand your concern because it was headlines in the newspaper. WALTER MEDWID-I understand people come and go and Stewart being a young person would be more apt to go then stay, but there have been accusations in the newspapers that suggest that there are other reasons for his departure and it seems that those issues will not be made public and my suggestion is that someone needs to inform the public as to whether there is anything that the public should be concerned about in terms of the functioning of an individual hired to carry out a job...an atmosphere in which that person is unable to complete that job and do we run into the issue a month from now when we have our new planner. That's my question and in regard to the moratorium it is a progressive move made by this Town Board and a daring one...faced with many pressures...but again I call upon the Town Board to investigate this issue and make a 1-W public finding as to whether there is merit to the issue raised in the newspaper about professionalism or whether there is no valid issues and go on. We ought to protect the next planner that comes onto the payroll of the town so that the same issues that Stewart encountered do not affect this new person. BILL JOHNSTON-Attorney-representing a client who has signed a contract to purchase a pre-approved existing subdivision in Rueensbury and in the last week of doing some research they talked with the Town Superintendent of Highways who informed my client that there may be some discussion this evening on some new specifications for roads and drainage in the Town of Rueensbury? SUPERVISOR WALTER-Said it was not on the agenda...we had a resolution on our agenda several weeks ago regarding an updating of the standards and specifications for roads in the Town of Rueensbury. There was some discussion on the Board as to whether a majority agreed that, that was the way we wanted to see the specifications go. We asked for Planning Board input in as much as they had a lot to do with the original ones that currently exists and Mr. Montesi as part of the Highway Committee has indicated that he is going to be speaking to the Planning Board on Thursday as to where we will be going for that resolution to come back up. COUNCILMAN MONTESI-I will be bringing that resolution forward for the meeting of June 9. BILL JOHNSTON-Do you anticipate that, that's going to grandfather existing approved subdivisions or not? COUNCILMAN MONTESI-That's part of the workshop that we have to discuss, if you have spoken to our Highway Superintendent, the original specifications for road construction was penetration paving which at the time was the procedure, we have since then upgraded our standards and only use blacktop. We are only accepting those roads meeting our standards using blacktop. Noted that Mr.Johnston's concern was that he was representing a guy who is buying a subdivision and has to know how much the lots are going to sell for based on the cost of the road. I understand that and I will be addressing that. but this point I don't know. MR. JOHNSTON-Will it be possible to get input at that Planning Board meeting? COUNCILMAN MONTESI-I don't know I have been invited there because I asked them to address this issue on road specifications and have them tell me what to expect. MR. JOHNSTON-Asked if there would be a public hearing on this? SUPERVISOR WALTER-Noted that this is how this all came about because Mr. Montesi thought there would be some kind of public comment and we were informed by our counsel that there need not be. There seems to be some differing opinions on the Board as to what we would gather from public comments, we might have a lot of developers indicating j that anything we did is going to be more expensive to them and we shouldn't do it. I would say there should be an opportunity for you as you have an interest in an approved subdivision, either to contact Dick Roberts, the chairman of the Planning Board or to speak with Mr. Montesi relating your comments and we will be able to have your input. TOWN COUNSEL-Our subdivision regulations say that the specifications for the highway are set by the Highway Superintendent and he has some suggestions and the Town Board is thinking of making some significant changes and you should get some public comments on those things. Under our current ordinance, right or wrong, it says, it doesn't require a public hearing. MR. JOHNSTON-If Mr. Montesi would agree, we will contact him and discuss it with him. COUNCILMAN MONTESI-Paul sets the specs we have to review with the Planning Board and the most important two factors now the Town Board has to address is who will be affected by this preliminary conceptual final plan and if we open it up to the public for public input. COUNCILMAN MONAHAN-Asked when the subdivision was approved? MR. JOHNSTON-1984 MICHAEL MAE-Land of Pines-noted that this was already approved since 1984 and were netting ready to put in roads and hopefully can continue as set up. COUNCILMAN MONAHAN-We do not accept roads until they meet the specifications. SUPERVISOR WALTER-That has nothing to do with approval of subdivision. COUNCILMAN MONAHAN-That was the reason now for phasing in developments where they have to meet all these conditions in phases so in case the Town upgrades their requirements they have to comply with it. That's why these big subdivisions are required to be phased in and given approval for so many lots at a time. COUNCILMAN MONTESI-Noted the diversity of opinions on the Board and that being the reason why the resolution was stopped for further input. SUPERVISOR WALTER-Stated that the next time that item would be on the agenda would be at the Town Board meeting on June 9, 1987. MICHAEL MAE-Asked what the problem would be in putting the road in right now, since the water is in, and they are to that point. SUPERVISOR WALTER-The point of the matter is, Mr. Naylor has to say the road is according to Town Highway Standards, Mr. Flaherty says your water main is in according to the water standards and Mr. Mathias says there is no liens on the property, it is clear —and the Town can accept the deed and the Town Board has all of those letters and then we go out and take a look at it and we are the sole authority for accepting roads. The Town Board will make the determination whether they are going to accept the road or not and asked... has your road come before the Town Board for acceptance? MICHAEL MAE-Not at this point, we have specs and they have been approved and we will get together with Paul to set it up. SUPERVISOR WALTER-Suggested the developer run something by all these people real quick if he doesn't want to get caught in the middle of the new standards. MICHAEL MAE-Noted that all the drainage has been done under the old specifications and asked if they had to be changed to comply with the new one? COUNCILMAN MONTESI-The question you are asking is that you are doing some drainage based on what this subdivision was approved for. Paul's new specs addresses two things the black top, and drainage, putting the water in catch basins in the road, not pushing water off the side, the road should contain the water. If you are proceeding to whatever the rules are in front of us, you follow them. `_.vIICHAEL MAE-Stated that this development is nicely planned and approved by Mr. Scudder according to your design. SUPERVISOR WALTER-Noted that it was the consensus of the Board that if you are i aow building your road to come in and have Mr. Naylor approve it, there is no intention on the part of this Board to say stop and do it the new way. MICHAEL MAE-Asked if he could have something in writing to back this? COUNCILMAN KUROSAKA-Suggested he ask for a copy of the minutes of the meeting. COUNCILMAN MONTESI-Stated that it was important to see what happens on June 9, 1987 in terms of the regulations and who it affects. Said that maybe the Board will say only those people with preliminary conceptual approval will be affected by this, those 1.'74 with final approval will be grandfathered. OPEN FORUM CLOSED:8:55 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 150, Introduced by Mr. Stephen Borgos who moved for its adoption, 'seconded by Mr. George Kurosaka. RESOLVED, that the Town Board Minutes of April 28th,29th, May 7th and 12th 1987 be and hereby are approved. 1 Duly adopted by the following vote: Ayesj Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noep: None Absent: None RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 151, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, Harold LaRose, Town Assessor, has requested permission to attend a Seminar on Assessment Administration at the Adirondack Museum at Blue Mountain Lake on June 1, 1987, NOW, THEREFORE BE IT RESOLVED, that permission is hereby granted to Harold LaRose to attend the Seminar on Assessment Administration on June 1, 1987, and be it further RESOLVED, that the Town Board authorize payment of all reasonable and necessary expenses including reimbursement for mileage for use of personal vehicle. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mr. Walter Noes: None Absent: None RESOLUTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION NO. 152, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, a vacancy exists on the Queensbury Planning Board due to the resignation of Planning Board member Kenneth Sorlin, and WHEREAS, the Rueensbury Town Board wishes to fill this unexpired vacancy, NOW, THEREFORE BE IT RESOLVED, that the Rueensbury Town Board hereby appoints Mr. Thomas Martin of 12 Glenwood Avenue, Rueensbury to the Rueensbury Planning Board, term to expire September 30, 1992. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPOINT RECREATION COMMISSION MEMBER RESOLUTION NO. 153, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, a vacancy exists on the Queensbury Recreation Commission due to the resignation of Thomas Martin, and WHEREAS, the Queensbury Town Board wishes to fill this unexpired vacancy, NOW, THEREFORE BE IT 3ESOLVED, that the Queensbury Town Board hereby appoints Mrs. Sharon Simmonds —af Tuthill Road to the Queensbury Recreation Commission, term to expire February 27, 1990. -,July adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None RESOLUTION AUTHORIZING TOWN OF QUEENSBURY TO SUBMIT AN APPLICATION ON BEHALF OF PARTICIPATING MUNICIPALITIES FOR GRANT FUNDING UNDER TITLE 9 OF THE ENVIRONMENTAL BOND ACT OF 1986 RESOLUTION NO.154, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, the State of New York has made available funds for a matching grant program to undertake recreational facility expansion, renovation or acquisition, and WHEREAS, the Warren County Department of Planning and Community Development will aide Queensbury in the application for„said funds in accordance with the provisions ;et forth in the final Title 9 regulations dated March 27, 1987, and —WHEREAS, said application required certain certifications and assurances be submitted as part of the application process, NOW, THEREFORE BE IT RESOLVED, that Supervisor Frances J. Walter is hereby authorized to submit an application, on behalf of the Town of Queensbury, to the fullest extent of funding allowed and determined by the Environmental Quality Board Act of 1986 of the State of New York, and be it further RESOLVED, that any and all such documents pertaining to said application shall be in a form approved by the Town's Counsel. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None lbsent: None DISCUSSION aUPERVISOR WALTER-The Warren County Department is updating our application for 2idge Road Park funds there. We are looking for a maximum amount of money of about $350,000.00. RESOLUTION AUTHORIZING EXECUTION OF HOLD HARMLESS AGREEMENT WITH NIAGARA MOHAWK REGARDING QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 155, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. 1-76 WHEREAS, Niagara Mohawk Power Corporation is the owner of property north of Quaker Road and near the Easterly property line of Della Bella Pontiac in the Town of Queensbury; and WHEREAS, the Town wishes to construct a boring pit upon such property in conjunction. with certain work on the Quaker Road Sewer District; and WHEREAS, Niagara Mohawk Power Corporation has given approval to the Town, its Engineers and Contractor to enter upon such property to construct the aforesaid boring pit; and WHEREAS, Niagara Mohawk Power Corporation requires the execution of a Hold Harmless Agreement in the form annexed, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to execute a Hold Harmless Agreement in the form annexed, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is`hereby authorized to execute a Hold Harmless Agreement with Niagara Mohawk Power Corporation in connection with work performed on the Quaker Road Sewer Project, a copy of which Agreement is annexed hereto and made a part hereof. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None HOLD HARMLESS AGREEMENT ON FILE RESOLUTION AUTHORIZING EXECUTION OF LETTER OF INTENT BAY ROAD WATER DISTRICT EXTENSION RESOLUTION NO. 156, Introduced by Mr.George Kurosaka, who moved for its adoption seconded by Mr. Stephen Borgos WHEREAS, the Town of Queensbury requires that certain residential subdivisions located within 2,000 feet of an existing water district provide Town of Queensbury water to the future residents of such subdivisions, and WHEREAS, Richard A. Abbatiello, Robert Lent and James Dolan propose a subdivision within 2,000 feet of the Queensbury Consolidated Water District, and WHEREAS, terms of a Letter of Intent describing the obligations of the aforesaid developers and the Town of Queensbury with respect to the creation, construction and financing of such water district extension are currently under consideration, NOW, THEREFORE BE IT RESOLVED, that the Supervisor is hereby authorized to execute a Letter of Intent in a form to be approved by town Counsel and that copies of such Agreement shall be forwarded to the developers, the Town of Queensbury Planning Board and the Town Clerk. Duly adopted by the following vote: Ayes:Mr. Kurosaka, Mr. Borgos, Mrs. Monahan, Mrs. Walter Noes:Mr. Montesi Absent:None DISCUSSION: SUPERVISOR WALTER-Asked Town Counsel why this was executed as a letter of intent rather than our agreement or is the agreement a letter of intent? TOWN COUNSEL-The agreement is a letter of intent. SUPERVISOR WALTER-Noted that these people have a project in front of the Planning Board and the Planning Board took no action on it because they did not comply with Local Law #2 and they wait for a letter from the Town. We feel we can have the general agreement with the developers before the next planning meeting. One of the problems they had with it was the agreement they submitted in January and the Board never heard back from them and since that time the Town has made modifications where we have monies in escrow that was not in the former agreements. 1 COUNCILMAN MONAHAN-Noted that one of the modifications was that they cannot sell this agreement to anybody else. RESOLUTION TO SET PUBLIC HEARING ON EXCHANGE OF REAL PROPERTY FOR QUAKER ROAD SEWER DISTRICT PUMP STATION RESOLUTION NO.157, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, the Town of Queensbury purchased certain real property known as Section 59 Block 1 Lot 7 and Section 59 Block 2 Lot 9 on behalf of the Quaker Road Sewer District for the purposes of locating a pump station for such sewer district, and WHEREAS, Glens Falls Real Estate Co., Inc., is the reputed owner of real property known As Section 59 Block 2 Lot 16, and WHEREAS, Kestner Engineers, P.C. the engineers for such sewer district have recommended that considerable construction costs savings would result from the construction of the pump station upon a portion of Section 59 Block 2 Lot 16, and WHEREAS, the owner of such lot has agreed to exchange the portion of its lands required for the pump station for the real property at Section 59 Block 1 Lot 7 and Section 59 Block 2 Lot 9, and WHEREAS, independent appraisals have been filed indicating a similar value for the lands to be exchanged. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in accordance with Section 198 (12) of the Town Law be held concerning the exchange of real property described herein and that said public hearing be held at 7:30 p.m. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the 9th day of June, 1987, at which time all persons interested in the subject thereof will be heard, and be it further '_RESOLVED, that the Town Clerk be hereby directed and authorized to publish notice of such public hearing in the official newspaper in accordance with Town Law. Duly adopted by the following vote: Ayes:Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE LOCAL LAW NO. 4 OF THE YEAR 1987 "THE ELECTRICAL LAW OF THE TOWN OF QUEENSBURY." RESOLUTION NO.158, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board proposed a Local Law to regulate the installation, alteration or repair of wiring for electric light, heat or power, and signal systems operating on 50 volts or more,'in or on all property within the Town of Queensbury and WHEREAS, the Town Board set a public hearing on May 26, 1987 at 7:30 P.M. on such a proposal and WHEREAS, the Public Hearing was held at the specified time and place and all interested —parties were heard on the proposed Local Law, NOW, THEREFORE BE IT RESOLVED, that the Local Law entitled "The Electrical Law of the Town of Queensbury" 1_7S be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None LOCAL LAW NO. 4 OF THE YEAR 1987 Be it enacted by the Town Board of the Town of Queensbury as follows: 1. Title. This local law shall be known as "The Electrical Law of the Town of Queensbury". 2. Purpose. Since there is danger to life and property inherent in the use of electrical energy, this local law is enacted to regulate the installation, alteration or repair of wiring for electric light, heat or power, and signal systems operating on 50 volts or more, in or on all property within the Town of Queensbury. 3. Definitions and Word Usage. a. Building Inspector - The Town of Queensbury Official charged with the enforcement of the electrical law. b. Electrical Inspector- Person, firm, or organization licensed according to the provisions of this local law to perform electrical inspections in the Town of Queensbury. c. Words used in the singular include the plural; and the plural, the singular. d. Words used in the masculine gender include feminine and neuter gender. 4. Adoption of the national Electrical Code. All electrical installations, alterations or repairs of wiring for electric light, heat or power and signal systems hereafter made in or on real property in the Town of Queensbury shall be made in conformity with the requirements of the National Electrical Code, as cited in New York State Uniform Fire Prevention and Building Code and as from time to time amended by the National Fire Protection Association except where the provisions of the local law or any other law, ordinance or building code of the Town of Queensbury shall differently prescribe, in which event compliance with the provisions of such law, ordinance or building code shall be recognized as proper compliance with this Local Law. 5. Violations. a. It shall be a violation of this local law for any person, firm or corporation to install or cause to be installed, or to alter or repair electrical wiring for light, heat or power, in or on properties in the Town of Queensbury until a written application for the inspection has been filed with the electrical inspector. The electrical inspector shall forward to the Building Inspector a record of all such applications received by him. b. It shall be a violation of this local law for any person, firm or corporation to connect or cause to be connected electrical wiring in or on properties in the Town of Queensbury for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate of compliance by the electrical inspector. The electrical inspector shall forward to the Building Inspector a record of all temporary certificates issued by him. 6. Inspectors of Electrical Installations. -- a. The Town Board authorizes electrical inspectors to make inspections of all electrical installations hereinabove and hereinafter referred to, and the Town Board shall approve or disapprove such electrical inspectors pursuant to the standards set forth in section 7 below. b. The Building Inspector is authorized to cause approved electrical inspectors to make inspections and reinspections of electrical wiring installations, devices, 179 appliances and equipment in and on properties within the Town of Queensbury for the protection of life and property. In such cases, a charge for said services will be rendered, which charge shall be approved from time to time by the Town Board of the Town of Queensbury. 7. Standards For Electrical Inspectors. a. The electrical inspector shall be authorized by the State of New York to conduct business within the boundaries of the State of New York. b. The electrical inspector shall maintain insurance policies in full force and effect while performing inspections and submitting certificates of inspection and compliance. Said policies shall include statutory workmen's compensation for his employees and workmen, and public liability insurance of at least $1,000,000 for personal injury, _$100,000 for property damage and $5,000,000 for excess liability. All policies must name the Town of Queensbury as an additional insured, and a certificate of insurance showing coverage in the required amounts shall be submitted to the Town of Queensbury. The terms of the policies shall be subject to the approval of the Town of Queensbury. c. The electrical inspector shall furnish to the Town of Queensbury proof of financial responsibility and organizational continuity, and the approval of such proof shall lie solely within the discretion of the Town of Queensbury. d. The electrical inspector shall not solicit of any person, firm or corporation, or require as a condition of inspection, any waiver of responsibility of an error, omission or recommendation made by its inspectors, or for any other action of its inspectors. e. The electrical inspector shall require all wiring to meet standards of the latest revision of the National Electrical Code, in accordance with section 4 of this Local Law. f. The electrical inspector shall maintain an office or place of business, staffed to receive toll free telephone calls during normal business days for a minimum of eight (8) hours a day. All inspectors shall have adequate experience and education relating to the principles of electricity, construction practices of the electrical trade and Code interpretation. Proof of such qualifications shall be submitted to the Town Board in a form and according to the rules established by the Town Board. The final Determination as to which electrical inspector meets the qualifications shall be in the Bole discretion of the Town Board. g. The electrical inspector shall maintain a system to receive applications, to conduct inspections and to issue inspection reports in accordance with Town of Queensbury building inspection procedures, as may be established from time to time. All inspection and notification forms must be approved by the Building Inspector. h. The electrical inspector shall provide to the Building Inspector and to the owners and /or lessees written reports of noncompliance of electrical installations, and shall forward certificates of compliance in a timely manner when the electrical installation and equipment are in conformity, as outlined in Section 4 of this Local Law. The electrical inspector shall also maintain all records for a minimum of six (6) years, and shall provide to the Building Inspector, without cost to the Town of Queensbury, and to the owners and/or lessees records of inspections when requested. i. The electrical inspector shall not accept, without the Building Inspector's approval, an application nor conduct an inspection at any given location for which the applicant has been informed by another inspector of existing violations. The electrical inspector shall make such inquiry on his standard application form. j. When an electrical inspector finds a violation or refuses to approve ✓ork performed, no person, firm or corporation shall request, without the approval of the building inspector, inspections or approvals of electrical work from an inspector -,)ther than the inpsector who found the violation. i k. The electrical inspector, and each individual inspector, shall affirm ---that they presently do not and will not engage in or have any interest, direct or indirect, with any interest, direct or indirect, with any wholesaler or retailer of electrical equipment that transacts any business in the counties of Warren, Washington and Saratoga in the state of New York, and that the individual inspector will not engage in work as an electrician anywhere within said counties. 1. Any change in the status of electrical inspector including but not limited to fee schedules, insurance rates or employee status, will immediately be reported to the Town Clerk. Failure to report a change of status within ten (10) working days shall constitute a violation of the provisions of the local law. m. These standards shall not be construed to relieve from or lessen the responsibility of any inspector, agency or person owning, operating, controlling or installing any electrical wiring devices or equipment for loss of life or damage to person and/or I-SO property caused by any defect therein, nor shall the Town of Queensbury or its inspectors be deemed to have assumed any such liability by reason of any inspection made pursuant to this local law. n. All electrical inspectors shall submit an annual report no later than February 1, covering the period of January through December of the previous year. The report shall reflect the electrical inspector's current fee schedule, insurance limits and staffing. The report shall also show the number of certificates of compliance issued and fees collected for the previous year. The report shall be in a form acceptable to the Building Inspector and the Town Clerk. Failure to submit such report in a timely manner shall constitute a violation of the provisions of this local law. 8. Complaints. If at any time any person, including an official or employee of the Town of Queensbury, deems that an electrical inspector is incompetent, unqualified or has violated this local law, such person shall file a written complaint with the Town Clerk and the Building Inspector. The Town Board shall conduct or designate a hearing officer to conduct a hearing after service of a notice of hearing. Service of such notice shall be made ten days prior to the hearing date and may be made in person or by certified mail. If mailed to the inspector's place of business as filed with the town of Queensbury, such complainant and responding inspector may be in attendance to present testimony and witnesses on their behalf. If a hearing officer has been designated, he shall thereafter forward his recommendations and the basis therefore to the Town Board. The Town Board shall, by majority vote, determine whether to revoke, suspend, reinstate, or take no action on the complaint. Such determination shall be made in writing and file with the Town Clerk. If any member of the Town Board shall be the complainant, such member shall not be entitled to vote. When the Building Inspector determines that there is sufficient danger to the public or to the health, safety and welfare of any resident of the Town of Queensbury, he may suspend any license granted under this Local Law for a period of thirty (30) days pending a hearing as herein provided. g. License Fees. The fees for license issued hereunder shall be $300.00. Such fee may be increased fro time to time by the Town Board of the Town of Queensbury under separate resolution. All licenses shall be for a term of one calendar year. 10. Duties of Electrical Inspector. --' a. It shall be the duty of the electrical inspector to report in writing to the Building Inspector all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all laws, ordinances and the building code as referred to in this Local Law, insofar as any of the same apply to electrical wiring. The inspector shall make inspections and reinspections of electrical installations in an on properties in the Town of Queensbury upon written request of an authorized official of the Town of Queensbury or as herein provided. In the event of an emergency, it is the duty of the inspector to make electrical inspections upon the oral request of an official or officer of the Town of Queensbury. It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Queensbury and to the owners and/or lessees of property where defective electrical installations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this local law. He shall direct that a copy of the certificate of compliance be sent to the Building Inspector. b. When an inspection or reinspection shows a defective electrical installation or a defective electrical device, appliance or equipment, the electrical inspector making the same shall submit a written disapproval report thereof to the Building Inspector and cause a copy of such report to be sent to the owners and/or lessees of the property inspected. 11. Penalties. a. Any person, firm or corporation violating any provision of this local law shall be guilty of a misdemeanor, and shall be subject to a fine of up to $250.00. The imposition of one penalty for any violation shall not to excuse the violation nor permit it to continue. Each and every day such violation continues, and each and every inspection done in violation of this Local Law shall constitute a separate offense. b. The application of the above penalty or the prosecution of a violation of the provisions of this local law shall not be held to prevent the enforcement of this local law by other action. Such action or proceeding in the name of the Town of Queensbury may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this local law. 12. Exemptions. The provisions of this local law shall not apply to the electrical installations in mines, ships, railway cars, automotive equipment, or the installations on equipment employed by a railroad, electrical or communication utility in the exercise of its function for that purpose. This local law shall not apply to any work involved in the manufacture, assembly test or repair or electrical machinery, apparatus, materials and equipment by a person, firm or corporation engaged in electrical manufacturing as their principal business. It shall not apply to any building which is owned or leased in its entirety by the governments of the United States or the State of New York. I 13• Waiver and Non-Assumption of Liability. This local law shall not be construed to hold the Town of Queensbury esponsible for any damage to person or property by reason of the inspection or reinspection authorized herein, or failure to inspect or reinspect required under this law; nor shall the Town of Queensbury be liable for any damage to person or property by reason of the Building Inspector exercising his discretion as provided for in this local law. 14. Severability. If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances; and the Town Board of the Town Town of Queensbury hereby declares that it would have passed this local law or the remainder thereof had such invalid; application or invalid provision been apparent. 15. Repealing Provisions. Ordinance 32 of the Town of Queensbury is hereby repealed. 16. Effective Date. This Local Law shall take effect immediately. DISCUSSION BEFORE VOTE It was discussed by the Town Board that there would be toll free telephone number, the fee for licenses issued shall be $300.00 and all licenses shall be for a term of one calendar year. These changes were made in the The Electrical Law of the Town of Queensbury and stated that this law will take effect as soon as it is filed with the State. RESOLUTION TO APPROVE PROPOSED LOCAL LAW TO AUTHORIZE PERSONNEL OF NORTHWAY PLAZA TO SERVE PARKING VIOLATIONS SUMMONSES. RESOLUTION NO. 159, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town Board proposed a local law to Authorize personnel of Northway Plaza to serve parking violations summonses in non-parking areas in said shopping center and, WHEREAS, the Town Board set a public hearing on May 12, 1987 at 7:30 p.m. on such a proposal, and '-'WHEREAS, the public hearing was held at the specified time and place and all interested ._parties were heard on the proposed Local Law, ITOW, THEREFORE BE IT RESOLVED, that the Local Law entitled TO AUTHORIZE PERSONNEL OF NORTHWAY PLAZA TO SERVE PARKING VIOLATIONS SUMMONSES be and hereby is approved Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr.. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter ISz Noes: None Absent: None LOCAL LAW NUMBER 5 OF 1987 A Local Law to Authorize personnel of Northway Plaza to serve parking violations summonses in non-parking areas in said shopping center. SECTION 1. For the purpose of this Local Law, the words " vehicle", "Owner", "Parked", "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. The parking or standing of a motor vehicle upon the lands and premises of the shopping center, known as Northway Plaza located at Route 9 and Route 254, Town of Queensbury, including the roadways, fire lanes, pedestrian walks, handicapped spaces (unless vehicle so designated) and all other areas of said premises and the lands and premises contiguous and pertinent thereto, excepting within those areas marked and defined by road markings as parking areas and except as herein otherwise provided, is prohibited. SECTION 3. Any violation of the provisions of this Local Law shall, upon conviction, be punishable by a fine not to exceed twenty-five dollars $25.00) for a first violation and not to exceed one hundred dollars ($100.00 for each subsequent violation and shall further subject such violator to such further penalties as may be provided by the Vehicle and Traffic Law of the State of New York. A notice of violation hereunder may be served upon such violator by placing such notice on the windshield of the motor vehicle in violation and may be so served by the Northway Plaza Manager, Assistant Manager, Superintendent of Buildings and Grounds of the Shopping Center or by any duly authorized officer or employee of the Town of Queensbury. SECTION 4. This Local law shall take effect immediately upon filing thereof in the Office of the Secretary of State. DISCUSSION - Supervisor Walter noted that no comments were received during the discussion period. on Local Law #5 of 1987. DISCUSSION held on No Parking on Rockhurst, resolution forthcoming at next Town Board meeting, June 23 1987. > COMMUNICATIONS; Ltr. New York Atlantic - Inland, Inc. on file. Ltr. Roger Gebo, Deputy. Superintendent Warren County DPW on file. Ltr. Mack A. Dean, Zoning and Building Codes Adm. on file. DISCUSSION: SUPERVISOR WALTER-Relative to the Toomey Sunnyside property, Mr. Dean's report states that no further demolition or removal of debris at the Sunnyside Pavilion site has taken place in almost ten months. Noted that what happens here under Local Law 3 of 1983 is that Section of that law says that when the Builders Inspectors opinion or upon receiving information that a building is or has become dangerous to health, safety or morals, the Building Inspector shall make an inspection and report in writing to the Town Board his findings and recommendations. Then by resolution the Town Board determines whether the Building is dangerous and unsafe and make notice to the owner of the building. TOWN COUNSEL-Stated that if the Town Board chooses to accept the Building Inspectors report, then a hearing date has to be set where the owner of the property responds or clean the property up and in case of failure to do so a lien would be placed on the property. Cost being put on the owner. SUPERVISOR WALTER-Noted that she had talked with Mr. Dean and indicated to him that I felt that we should go under this Local Law. RESOLUTION TO SET HEARING TO CALL OWNER OF SUNNYSIDE PROPERTY PAVILION TO APPEAR AT MEETING RESOLUTION NO. 160, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Ronald Montesi WHEREAS, the Town Board wishes to call the owner of the Sunnyside property for a meeting on June 9, 1987 relative to Local Law 3, 1983 and WHEREAS, the Town Board supports the opinion of the Building Inspector that the structural remains of the building is structurally unsafe and is potentially dangerous to life and limb because the site is easily acceptable to the general public, NOW THEREFORE BE IT, RESOLVED, that the Town Board of the Town proposes to call Mr. Toomey, owner of —3unnyside pavilion and said public meeting be held at 7:30 p.m. in the Meeting Room of the Town of Queensbury Office Building, Bay and Haviland Roads, in the Town of '�ueensbury, Warren County, New York on June 9, 1987. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: None Abstain: Mrs. Betty Monahan Absent: None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 161, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mrs. Betty Monahan RESOLVED, Audit of Bills as appears on May 26, 1987, Abstract and numbered 2036-2037, and totaling $3,471.00 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 DISCUSSION: It was noted that two Boy Scouts, from Troop 13, Bay Road Church were recognized at the Town Board Meeting. On Motion the meeting was adjourned. RESPECTFULLY SUBMITTED DARLEEN DOUGHER TOWN CLERK TOWN OF QUEENSBURY f -�4 ..� ' I