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1987-06-23 TOWN BOARD MEETING JUNE 23, 1987 7:30 P.M. PLEDGE OF ALLEGIANCE LED BY THE TOWN CLERK, DARLEEN DOUGHER TOWN BOARD MEMBERS Daniel Olson-Deputy Supervisor George Kurosaka-Councilman Stephen Borgos-Councilman { Ronald Montesi-Councilman Betty Monahan -Councilman ABSENT-Frances Walter-Supervisor - Wilson Mathias-Town Counsel PRESS-WEND, Glens Falls Post Star GUESTS- Mr. Paul Naylor, Mr. Rick Missitta, Mr. Gary Bowen, Mr. John Lemery, Mr. Adamson, Mrs. Adamson, Mrs. Hall, Ms. Bodenweiser PUBLIC HEARING-RE:THE QUEENSBURY ECONOMIC TECHNICAL PARK SEWER DISTRICT 7:32 P.M. NOTICE SHOWN DANIEL OLSON-Deputy Town Supervisor-Stated that Supervisor Walter was attending a Planning Seminar and was not able to make it back for this meeting. Noted that the Public Hearing is on the sewer district to be created in our Queensbury Technical Park. JOHN LEMERY-Asked if the the sewer is intended to hook up with the Glens Falls Plant? DANIEL OLSON-Yes, the establishment of a sewer district within the park is a legal district. COUNCILMAN BORGOS-That agreement is over and above the agreement for four hundred thousand gallons a day coming through this side of town, it is totally separate agreement and the city has already agreed to that. COUNCILMAN MONTESI-Noted that under Mayor Bartholomew there was some diaglogue with the previous Town Board that we would develop that land jointly. After studying it the feeling was that we should do it on our own, we should develop our own Economic Development Corporation and the City committed to us that they would accept the sewer from that Development of ours and it would not have any bearing on the four hundred thousand gallon committment. Tomorrow night there will be a press release where we are officially letting the public know what our project is going to look like. We will be breaking ground probably in about a month on the water and sewer lines. MR. LEMERY-Asked how many acres the town owned? COUNCILMAN MONTESI-We own forty acres of land which we purchased from the Portland Cement Company and it is in the part of town that is traditionally heavy industry. We have an option on another forty acres next door to it so we are looking to the future of our community with some things in mind. We want jobs for Queensbury, developing a high Tech Park and #2, we are looking at establishing a better tax base with the industries. That is the goal of the Economic Development Corporation. DANIEL OLSON-This project is only for the forty acres the Town owns, it does not include the other plans the town has under option at this time. COUNCILMAN MONAHAN-I think we are all glad to see the town take this step to give a start to the QEDC. We are all excited about the plans and the layout, what's going to happen down there, also about the fact that we are trying to bring some good paying jobs into this community so our young people don't have to look else-where and so we can take up some of the slack created by Ciba Geigy pulling out. We only see good things and a plus for this action. DANIEL OLSON-I am glad to be here to chair this meeting because I can remember a few years ago when we worked on this also and now it is finally coming to a reality. Noted that the City of Glens Falls Industrial Park borders up against this property, so it is a natural to continue in that area. 21.3 COUNCILMAN BORGOS-Stated that the press had been invited along with other people to the special unveiling of the park project tomorrow at 7:00 P.M. at Dearlove Hall at ACC. We've invited the local engineers, architects, attorneys, accountants, and all the economic development people of the region, and other government officials, so everybody will be aware of the project. DEPUTY SUPERVISOR-Asked for further comments on the Technical Park, hearing none the public hearing closed. 7:40 P.M. NOTICE SHOWN SECOND PUBLIC HEARING REGARDING NO PARKING ON ROCKHURST. MARGARET COLLACINO-Rockhurst Rd.- The traffic on that small road including services rendered to the home residents, guests, and people who are just site seeing...the road is a small road, there is building, there is a flood when the water is draining into the road which it has beep doing in the past few weeks when we have had a lot of rain...I think this makes for conjested and certainly unsafe area. The road is narrow and when cars are parked on both sides of the road it makes it very hard to have any traffic ingress and egress. DOT HALL-Rochhurst Rd.-As you know the road is narrow, with the diminished parking they have down in the marina, we are now finding their patrons parking on both sides of the road making access all the way through very difficult. The launching ramp has been leased so we now wait for another company to launch boats...so at least once a day we are stopped waiting for these boats to be launched. We feel that we necessitate no parking signs so that we can keep good access all the way down to the penisula. COUNCILMAN BORGOS-We've taken a look at this situation, the Highway Superintendent recommends the no parking. We've looked at it for emergency services, fire trucks, ambulances, and it is just about impossible to get anything through there, any emergency vehicles and if you were to get something through there, you would have to back it out and that again causes problems. In the winter time with the snow banks there, you get a serious problem, no parking I think, is essential. DANIEL OLSON-This would assist the plowing also in the winter time. LOCAL LAW # 6 NO PARKING ZONE ON ROCKHURST ROAD SECTION 1 . For the purpose of this Local Law the word "vehicle", "park" and "standing' shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as provided for in Section 3 hereof, no vehicle shall be parked or left standing on that portion of the Town Road called Rockhurst Road from Cleverdale Road fora distance of 1073 feet east-northeast in the Town of Queensbury, Warren County, New York SECTION 3. Any person violating any provision of Section 2 or Section 3 of this Local Law shall upon conviction be punishable for a first offense by a fine not to exceed $25.00 and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this Local Law. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. DANIEL OLSON-Asked Paul if the 1,073 feet covered the whole length of the Cleverdale Road? PAUL NAYLOR-To the telephone booth. COUNCILMAN MONTESI-Said he thought it was important for the people of Rockhurst to understand that when we do enact this law the sheriff is afforded the information, whether he would patrol that aggressively is a question, so part of the enforcement of this law is going to be their insisting that the sheriff comes down and ticket cars parked there. BILL FINCH-Rockhurst Road-I am for the parking restriction especially the marina parking is the biggest problem. z1� PUBLIC HEARING CLOSED - 7:55 P.M. OPEN FORUM 7:56 P.M. CHARLES ADAMSON-Assembly Point-Said he was confused with the Post Star reports and asked what happened to the Lake George Law, and what is happening with the Park Commission? DANIEL OLSON-1 was at that meeting Friday morning...the revised plan and the procedure for the new revised Lake George Park Commission is one item and my feeling is that the Affairs Committee will recommend to the Board of Supervisors that this be approved, the land use the old regulations have been removed...the changing of the law for the Lake George Law, are two separate actions but through Mr. Henchy's Committee they were going to be handled together. When the Supervisors received the draft of the bill at the beginning of last week found it acceptable to all the towns and when the new bill was drafted sometime Thursday or Thursday night, the wording was changed so Rueensbury and Hague would not be helped by them. MR. ADAMSON-Asked if this change was made the night before? DANIEL OLSON-Sometime on Thursday, the revised bill came out of the print shop and was drawn up and a representative and Mr. Kelleher spotted this, went over it, early Friday morning we started reviewing them and this is where the hang up came. It wasn't the intent the way it was supposed to be worded to help all the towns. MR. ADAMSON-Just the ones where they could grandfather sewering or something. DANIEL OLSON-Those that presently have plans...at that point when there was a problem, the supervisors that were there, and all the supervisors were present except Mr. Tessier who was in the hospital at the time, but he is aware of what is going on with these two laws...the representatives, mainly Mr. Bolton, Supervisor of Hague, was going to have contact with Mr. Henchy's office, Mr. Kelleher's office, Mr. Stafford's office and also Mr. Hennissey has been a strong supporter, being chairman of the Lake George Park Commission, and they started i making contact with these people on Friday over the weekend and between yesterday and today, there has been some meetings and discussions on having this Lake George Law written the way it was intended to be written. MR. ADAMSON-So there is some help if it goes back to its original form? DANIEL OLSON-Yes, the consensus was left at the meeting Friday that when this is redrafted, satisfactorily, it would be approved by the Lake Affairs Committee, with their backing to representatives in Albany to support Mr. Henchy who has supported the bill in the Environmental Conservation Committee. It wasn't left dead, they are working on it and the agreement said as soon as it is done, they will push to get it through this legislation for both the Lake George Law and Park Commission with no change in the Park Commission. COUNCILMAN MONAHAN-Stated the Supervisor sent a letter off to Albany immediately objecting to what had happened. DANIEL OLSON-Mr. Hennessy, of the Park Commission was quite surprised that these things had been changed, because he had done a lot of work on this bill with the Park Commission and naturally wanted the support of the Warren County Board of Supervisors which they had. It will take affect at the end of this year. MR. ADAMSON-Well there seems to be some hope, that's good. COUNCILMAN MONTESI-The present Town Board is aggressively pursuing a couple of alternatives. Not all of the Town Board members have gone to the meeting yet, but they have come in individua" and showed us and talk to us. My suggestion to Mr. Rist Frost was...after you have completed this brief review with the Board members why don't you propose a cost study for us and include it in the cost ramifications going from Lake George down Bay Road or Ridge Road all of those factors and give us some figures we can talk knowledgeable to the residents about. MR. ADAMSON-If we go to a local processing plant up north that is not going to help in-between. Said there were a lot of areas that could be picked up with this one line. COUNCILMAN MONTESI-This approach does one thing, it puts back into the hands of this Town Board the degree of expediency that we could not get from the State. We fought for a year and a half to get the law passed. DANIEL OLSON-I have a lot of faith and confidence that there will be some good action on these two pieces of legislation this year which has to be done the first part of the week and if it isn't done because of lack of action up here locally. LILLIAN ADAMSON-Read a one page letter, copy presented to Town Clerk...regarding the research on comparable sales showing purchase price and assessed value and stated that they had been denied their true grievance at the Grievance Board. I have request (1) a list of the people who have applied to the Grievance Board and the assessment relief granted to each, (2) an explanation of how the assessments were derived, the criterior used and the percentage factor applied to the individual items, along with this, I would like the assessment map of the neighborhoods. This information is essential to our grievance case, additionally I need the appreciation factor applied to lake front properties. DANIEL OLSON-Asked if she requested this under the Sunshine Law, if not there was a form to be filled out and within five days you can have an answer to that form. COUNCILMAN MONAHAN-Asked when they had to file? MRS. ADAMSON-We have to file within 30 days after the first of July. COUNCILMAN BORGOS-I have been swamped with phone calls since last week when the report of the Board of Assessment came out. One or two of the calls indicated they were happy with the change in assessment, but the vast majority of people who have contacted me were not happy. I spent a good deal of time talking to people and I spent quite a bit of time today speaking with the office of Local Assessments in Albany getting information about what information you should have under the law etc. Everything you have asked for before is available and should be available as public information. The purpose of the re-evaluation was to reassure fair treatment of everyone and this appears not to be the case. On a case by case basis I see tremendous problems, I will not place blame on anyone at this point, it is something that was probably going to come out of the re-evaluation one way or the other. It is not localized in Lake George it is all over the town. Pockets of problems, people calling about things that are outrageous. You are limited and we are limited, we can't tell the assessor what to do and we can't tell the Board of Assessment Review what to do. You can now take certain legal actions within certain time frames but as representatives of the people I think it is on our backs to help you to pursue the course of action that the law sets out. MRS. ADAMSON-Asked if the Board of Review was under pressure, was there a time frame? COUNCILMAN BORGOS-There was a time frame...they had absolutely to get the information to the assessor so they could notify people by no later than July 1st. Stated he thought there was almost 600 complaints. MRS. ADAMSON-Said they asked if they rented their property and wanted to know why they asked this question? COUNCILMAN BORGOS-Stated that the Board of Assessment Reviews is a Quasi Judicial Body, they are empowered to ask pretty much any question they want to and you can either answer it or not answer it. There are only a few questions you must answer. Why they asked that I don't know. They were new at this and it would have been difficult for someone who had been there for years. COUNCILMAN MONTESI-Said he asked Mr. LaRose what kind of change has been reflected in the assessment since grievance and he said approximately ten percent. I thought that was low. MRS. ADAMSON-I know someone's who went up. COUNCILMAN BORGOS-You can't go up. The law was changed a few years ago, you may only go down or stay the same. i DANIEL OLSON-Stated that he didn't see any reason why she couldn't obtain the information she was asking for. COUNCILMAN BORGOS-If it takes a period of a couple of days to get it, I think it should be provided. COUNCILMAN MONAHAN-When the Board of Assessment Review makes their final determination on the form do they put comments why they reached the decision they do? COUNCILMAN BORGOS-Sometimes...if there has been a change usually there is short comment, if there is no change there may or not be a comment. There isn't much space for comments. Then again how judges essentially make their decisions is not always something that gets reported, noted that in a major court the judge will give his reasons and previous decisions and this is a little bit different. COUNCILMAN MONAHAN-Asked if those comments are open to the public? COUNCILMAN BORGOS-To my knowledge they should be, I see no reason why not. MRS. ADAMSON-I asked if I could see the comments so I could have some understanding of how to go and I was told the books were closed. DANIEL OLSON-There is a period in there when the books are closed. — COUNCILMAN MONAHAN-Thats talking about the assessment books not a person's file. That information, I would think would be in a persons file. COUNCILMAN BORGOS-Stated that he had spoke with the head man in Albany today and he indicated to him to be sure to tell the public to be careful because if you elect to go to small claims court you thereby automatically waive your right to go to a higher court. Advised Mrs. Adamson to be careful in making this decision and seek legal counsel. COUNCILMAN MONTESI-Noted that all these rules and regulations that everyone is working against are not town laws or rules...it is important to know that we are all working under the state laws. MRS. ADAMSON-I keep hoping that there is some way this can all be thrown out and start over. DANIEL OLSON-Said go ahead tomorrow and make her request for information and keep the Town Board informed of the direction she is going. GARY BOWEN-Hiland Park-Asked to have the presently tabled resolution regarding Hiland Park's final Impact Statement to be continued tabled until the next regular Town Board Meeting. Its the projects sponsor's hope that this time in the very near future can be used by the Town Board and its consultants and the project's sponsor to conclude favorably our PUD process that is currently filed with the Town of Queensbury. KAREN BODENWEISER- 24 Lake George Road-Read from a prepared statement. Stated that she had several concerns regarding the report the Post Star gave of the meeting held by the Town Board regarding...the environmental design Clark Engineering Firm and Mrs. Walter's concerns over lack of firm planning and analysis, traffic, sewage treatment and water supply by the Hiland Park EIS yet Mr. Borgos and Mr. Montesi made moves to accept the report as is. My question is what is the rush. Noted that she was a little concerned over what would happen to the town if the Town Government does the kind of thing that Mr. Borgos is suggesting and that is to address a specific traffic impact at the time each phase ofnp`roject is undergoing review. COUNCILMAN BORGOS-Noted that she was not here at the meeting and what was in the paper is part of what was there but not always everything that was there. KAREN BODE NWEISER-Stated that she agreed with Mrs. Walter's statement at the time,that this approach would be poor planning. Noted that the Town of Queensbury was at a crisis point and in development and correct efforts that the public has been made aware of for town planning are piece meal at best. Read an except from todays @ditorial in the Post Star...they suggest that the Town needs to finu a planning firm gar. land use specialist, environmentally engineered engineers etc., turn the current moratorium on subdivisions and residential site plans into a temporary hold on all types of project, this might help buy time for a more complete planning --� process. COUNCILMAN BORGOS-If you had been here at that meeting in particular you would have seen a different picture. Noted that if you look at the town, the town is in a situation of rapid growth, probably because of pent up economic activity. I don't know how long it will continue, we are currently well into our water plant which was started long before the moratorium was ever thought about. We are all set to just about take some kind of action on upgrading our water supply. We are well into the sewer discussion, already starting the construction of the sewer districts and talking about new districts. Traffic study we have been talking about for months, our fire emergency services study is complete and a report is due momentarily. We've got a part time planner now working on land use etc. Noted that they had written to some planning firms and had communications from some. Either they are not available or they are not interested. Said that it bothered him that Ms. Bodenweiser asked to have an outside planning firm come in and tell us what to do...I don't mind some advice but I think people who have lived here for quite awhile should have some idea of what the town should look like also. I think a series of public town meetings as was held sometime ago would be interesting and beneficial...a meeting in West Glens Falls, North Queensbury, Central Queensbury to get input from people. Stated that the town is only occasionally reacting in a crisis management situation...only occasionally, it is unfortunate what happened. We would like to do other things, we would like to take care of Exit 19, the traffic problems, but the state says its going to be four or five years perhaps, we would like to do something on Quaker Road, but the state says we can't do it so fast. An alternative that's out there is to shut everything down until all the things get done but I don't think that is a good alternative. We have to proceed as best we can, that doesn't mean rush in and approve everything, and certainly Mr. Bowen will testify to the fact that we don't rush through to approve anything, if anything there has been a lot of delays. The other projects certainly haven't been rushed through even the subdivisions that have gone through, I don't think have been rushed through, they have all had to go through a number of planning stages. Noted that there was not a package in this community to say they are all going to look alike. Stated that on the best information available we've got to act one way or the other. KAREN BO DEN WEISER-Stated that it is deemed necessary for the town to have at least one full time planner, according to a survey, the people in the town wanted slow growth. COUNCILMAN BORGOS-Stated that the survey that was done came out the only way it could the way it was written but if you look at that survey, there is only way it could come out. Said he agreed the way it came out, we don't want explosive growth but what is explosive growth, what's moderate growth, what's slow growth, opinions are different. Said there was a lot of things undefined in the survey. COUNCILMAN MONTESI-Noted that one of the things she addressed was the void, a planner resigned, and how quickly should the Town Board respond to hiring another...a lady with a masters degree in planning came asking for work. Said that they had immediately applied through the ads in the National Association of Planning magazines, colleges and it will take a month to a month and a half, for all these applications, interviews to come back to us. We have contacted five or six noted planning consulting firms...we have a very firm proposal from one that we feel very good about and we are reviewing that...and as the editorial says we will pay through the nose but we are beyond that consideration...what we are at, is, will this firm do what we need? They have addressed in their proposal to us things like neighborhood meetings, things I was involved in years ago on the Planning Board when we did the first master plan. We may be signing an agreement with them. We have an obligation not to shut things down totally, we are trying to take the steps you are concerned about but it doesn't happen overnight. COUNCILMAN BORGOS-Stated that it was impossible for the public to be at every meeting but the Town Board is doing an awful lot, it may not appear that way all the time but we are all very much concerned and said they all live here and want to preserve it. COUNCILMAN MONTESI-Responded to the Hiland Park questions-yes there is some information that we are requiring on traffic that would make the Town Board feel more comfortable. The other two major issues were (1) water, Queensbury has a local law that says, if you are within two thousand feet of a water district, you will have water or you don't have a development, Mr. Bowen's project is within 1200 feet of the district, he will have water. The Town Board has to sign a letter of intent to that extent, that is not part of Mr. Bowen's record so the consultants said, until you get the letter of intent that is not an open issue. The same holds true for establishing a sewer district and Mr. Bowen will have a sewer district, the letter of intent is not part of that file. Those two issues rest entirely with this Town Board to provide the momentum for Mr. Bowen to proceed. Stated that Mr. Bowen and the board are taking the time needed to do this. COUNCILMAN MONAHAN-Read from a statement from the consultants. Said one can see the magnitude of tasks to profit from past mistakes...noted that they are trying to take in-depth steps. DOT HALL-Rockhurst-We are back to our old problem on the Marina on Rockhurst where they still have not provided rest rooms for their patrons. I called Encon and they were rather lack- o-dazical about it, said they thought they had opened the old rest rooms in the restaurant, well they haven't been opened. They are in full swing up there and there is no provision. There are no signs saying there are bathroom facilities and the gate is closed and has been for all these years. COUNCILMAN MONAHAN-Stated that they are under permit from DEC and they say in order to have the marina they have to provide public rest rooms and they cannot provide them by portajohns because that's against our Town Law. They have to be a permanent structure with bathrooms in them. DOT HALL-At the site plan review he offered to open the rest rooms in the restaurant, they frowned on it but didn't say he could not, but he hasn't. DANIEL OLSON-Said the appropriate agencies would investigate this issue. OPEN FORUM CLOSED RESOLUTIONS DANIEL OLSON-Under Old Business, we had a request to continue the tabling of Hiland Park until the next regular Town Board Meeting RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 184, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka RESOLVED, that the Town Board Minutes of May 29th 1987 be and hereby are approved and be it further RESOLVED, the Town Board minutes of June 9, 1987 be hereby approved with the following amendment on page 187 the word ulterior be changed to alternative motive. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Noes: None Absent: Mrs. Walter COUNCILMAN MONAHAN-Said there was a correction on page 187, the work ulterior should be alternative method. RESOLUTION TO CREATE POSITION RESOLUTION NO. 185 Introduced by Mr. Stephen Borgos who moved for its adoption seconded Mrs. Betty Monahan. WHEREAS, the Town Board finds it necessary to provide additional security for Court Activities, and WHEREAS, a need exists for summons server, and WHEREAS, no individual currently employed by the Town is able to expand his/her duties, NOW, THEREFORE BE IT RESOLVED, that the part-time hourly position of Town Officer be created to provide court security and to enforce local laws or ordinances and to serve summonses, and be it further RESOLVED, that the Town Officer be directly responsible to the Town Board. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT RESOLUTION NO. 186, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town of Queensbury wishes to provide a fireworks display in observance of Fourth of July, and WHEREAS, the Town Board has determined to incorporate such a display with Town of Queensbury/West Glens Falls Fire Company "CELEBRATION 8711, NOW, THEREFORE BE IT RESOLVED, that the Board authorizes the Supervisor to enter into an agreement with Galaxy Fireworks, Inc. of Malone, New York to provide a fireworks display on June 28, 1987 at the West Glens Falls Firemen's Field for an amount not exceeding $3,500.00 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter COUNCLMAN BORGOS-Stated that if anyone is aware of the hazards and dangers of fireworks, certainly the West Glens Falls group are based on last years problem. It was a very unfortunate incident and I am sure they will be more then extra cautious in handling this. I would really be happy if the residents of the town made this the only fireworks display and stop having them in their back yards. COUNCILMAN MONTESI-Stated that there would be a 1:00 P.M. parade Sunday also RESOLUTION TO REAPPOINT- RECREATION COMMISSION RESOLUTION NO. 187, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Ronald Montesi WHEREAS, the term of office of Joseph Teti expired on April 27, and WHEREAS, the Rueensbury Town Board desires to reappoint Joseph Teti to the Recreation Commission, NOW, THEREFORE BE IT RESOLVED, that the Rueensbury Town Board hereby reappoints Joseph Teti, to a five year term on the Recreation Commission, term to expire April 27, 1992. Duly adopted by the following vote: Ayes: Mrs. Kurosaka, Mrs. Borgos, Mrs. Monahan, Mrs. Montesi Noes: Absent: Mrs. Walter RESOLUTION TO CONDUCT CIRCUS RESOLUTION NO. 188, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kursosaka WHEREAS, the Lake George Kiwanis have requested permission to conduct a circus as follows: SPONSOR: The Lake George Kiwanis CIRCUS: Allan C. Hill Entertainment, Corp. PLACE: West Glens Falls Firemen's Field DATE: August 25, 1987 — NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance 1. The Insurance Company must be licensed in the State of New York 220 2. The Town of Queensbury must be named as an additional insured B. Inspections and Approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Fire Company C. There must be adequate parking and access for emergency vehicles. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION TO REAPPOINT-CEMETERY COMMISSION ..% RESOLUTION NO. 189 M Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi WHEREAS, Margaret Prime's term on the Cemetery Commission is due to expire on June 30, and WHEREAS, the Town Board wishes to reappoint Mrs. Prime to a three year term on the Cemetery Commission, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Margaret Prime to a three year term on the Cemetery Commission, term to expire June 30, 1990. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 190, Introduced by Mr. Stephen Borgos, who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, to transfer: $1,000. from A1051410440 to A1051410408 and $302. from A1051410409 to A1051410408 for legal advertising. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO. 191, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos RESOLVED, that Bingo License No. 2710 be and hereby is approved allowing Queensbury Veterans of Foreign Wars Post 6196 to hold Bingo Occasions from July 7, 1987 through October 6, 1987. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION ADOPTING SPECIFICATIONS FOR TOWN ROADS RESOLUTION NO. 192, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, Article IV of the Town of Queensbury Subdivision Regulations provides that all required improvements, including streets and roads, within a subdivision shall be constructed in accordance with Town specifications, and WHEREAS, certain changes in the requirements and/or specifications for roads to be offered for dedication to;the Town of Queensbury have been considered by the Town board after discussion. NOW, THEREFORE, BE IT �— RESOLVED that the Town of Queensbury hereby adopts the annexed minimum standards and/or specifications for construction of roads offered for dedication to the Town of Queensbury, and be it FURTHER RESOLVED, that the specifications herein shall apply to all projects pending before the Town of Queensbury Planning Board which have not received final approval on the date of this resolution. Ayes: Mr. Kurosaka, Mr. Borgos, Mr.Montesi, Mrs. Monahan Noes: Absent: Mrs. Walter SPECIFICATIONS 50 Foot Right-of-Way Road side shall obtain Highway Superintendent and Planning Board approval of swale or drainage system. Subbase - minimum depth 12 inches of item 4 stone compacted in 2 lifts Surface - 24 feet wide; 31/2 inches asphalt concrete applied at 2% pitch from centerline; base 2 inches of compacted type 3 A.0 Binder; top 11/2 inches of compacted type 6 A.C. Binder COUNCILMAN BORGOS-Stated that he would like to add the word (minimum) standards, so that in some cases either the Highway Superintendent or the Planning Board can say it is not good enough, you got to do better, so these would be minimum standards. I recognize that there are places where this would be minimum. (agreed to by the Town Board) PAUL NAYLOR-For the official record-Stated that he did not agree with the specification as the shoulders are going to be as scrappy as they ever were. COUNCILMAN BORGOS-Asked if Mr. Naylor would agree that this was a big step in the right direction. PAUL NAYLOR-No, we haven't done oil and stone for about four years. I know you don't like the wings and I had six complaints last night and I wish I had the wings. I was out until midnight last night—they all say the same thing take care of the water and all I can do is take the grader blade brum in front of their house. COUNCILMAN BORGOS-As I interpret this language, there is lee-way for you to say when you personally feel there should be more or there should be a swale there... PAUL NAYLOR-Stated that the Town Board makes the decisions, its strictly up to the Board. Said he didn't think that we were up to where we should be. RICK MISSITTA-Asked if it could be put in the specs and then we could up or down? COUNCILMAN BORGOS-Said he thought the problems we were having now were with the old roads. PAUL NAYLOR-Said he had spent many nights on Potter Road figuring out how to put swales in and how the road would be built, then a resident told him he was the five house on the block and said the first guy in there put his driveway in and spoiled it for the rest of them. Unless you inspect like the Building Department every day and they don't mess with the driveways, ?4.2. half of them aren't even in when they get their CO. If it was part of our regulations that your driveway had to be in, etc. then we would know but none of them are done. You don't know how many fights I have had with the taxpayers regarding their driveways. COUNCILMAN BORGOS-Asked if this was something that should be built into our plans? PAUL NAYLOR-When we went with our plans originally the developer said that was not our job, we just develop the land. COUNCILMAN MONTESI-I think what I am hearing you say, people are putting fill in on Town Land. PAUL NAYLOR-They sure are. You went out a year ago you saw the fences next to the road. Its your job to take that stuff off, I am tired of fighting with them...so you had a lawyer draw j up a legal document and I ended up answering all the telephone calls and I had to go out and reassure the people that we were not going to go out with our hand shovels and hoes and take everything out of the road that night. This is nine o'clock at night. Then they came to the �a town hall and Wilson said we have go through documents before we can make you move this off the Town highway. There is no line to tell the residents what they own. COUNCILMAN MONAHAN-The planner was going to require corner post at every corner of the lot and the subdividers came in and talked them out of it. Stated that the subdivisions should be revised and everybody should be putting in a corner post. COUNCILMAN MONTESI-Agreed and said that would give Paul the handle on the ten feet, and the Building Department would have trench mark thirty feet from the road. PAUL NAYLOR-Noted that people were upset because he gave the Telephone Company a permit to use the right of way, which he has to by law...he told them to stay one foot from the property, this took two days of phone calls, never the less one resident spent a lot of money and put top soil in. COUNCILMAN BORGOS-People have to be able to connect their driveways to the road. PAUL NAYLOR-By permit, we've had a permit system since we've come here and everytime I find one illegal, I have call Wilson and Wilson has to have a letter served by the sheriff, then the Highway Dept. has to go in and tear up the surface to put the drainage in. COUNCILMAN BORGOS-During the building process it should be stated that they will be given a piece of paper saying...before you do your driveway you got to... PAUL NAYLOR-Stated that it is in the package, we put it in the package...what happens is that, you can hire a contractor to build a house and he builds it, you move in and a few months later, you want to put a driveway in, you don't think about a permit. Stated that developer threw the permit in with the rest of the paper work with the rest of the paper work and only filed what he had to. COUNCILMAN MONTESI-Asked Paul for an update on Dixon Road? PAUL NAYLOR-Said before the rain storm last night we were right on schedule, sometime between now and the end of September. RESOLUTION TO APPROVE LOCAL LAW TO ESTABLISH NO-PARKING REGULATIONS on Rockhurst Road RESOLUTION NO. 193„ Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town of Rueensbury have received requests from residents of Rockhurst to establish a No-Parking zone on Rockhurst Road and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on June 23,1987, at 7:30 P.M. at the Rueensbury Town Office Building at which time all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT --- RESOLVED, that local law entitled "A LOCAL LAW NO PARKING ZONE ON ROCKHURST ROAD" is hereby approved and local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan. Noes: None Absent: Mrs. Walter LOCAL LAW NUMBER #6 NO PARKING ZONE ON ROCKHURST ROAD SECTION 1. For the purpose of this Local Law the word "vehicle", "park" and "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as provided for in Section 3 hereof, no vehicle shall be parked or left standing on that portion of the Town Road called Rockhurst Road from Cleverdale Road for a distance of 1073 feet east-northeast in the Town of Queensbury, Warren County, New York SECTION 3. Any person violating any provision of Section 2 or Section 3 of this Local Law shall upon conviction be punishable for a first offense by a fine not to exceed $25.00 and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this Local Law. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION ESTABLISHING LEAD AGENCY AND ADOPTING DETERMINATION OF NON- SIGNIFICANCE OF ESTABLISHMENT OF TECHNICAL PARK SEWER DISTRICT RESOLUTION NO. 194, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. George Kurosaka WHEREAS, Article 8 of the Environmental Conservation Law established the State Environmental Quality Review Act, and WHEREAS, such act requires environmental review of certain actions undertaken by local governments, and — WHEREAS, the Town Board of the Town of Queensbury recognizes the need for the expansion of the central sewer district to serve the proposed occupants of the Technical Park Sewer District which proposed district is detailed in the Engineer's Report of LA Partnership and currently on file in the Town Offices, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified as lead agency with respect to the creation and establishment of said district; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury is hereby designated lead agency for purposes of SEQRA compliance in the creation and establishment of the Technical Park Sewer District and be it FURTHER RESOLVED, that the Town Board of the Town of Queensbury adopt the annexed notice of determination of rion-significance, and that copies of this resolution be forwarded to the Commissioner of the Department of Environmental Conservation and the Region 5 Offices of the D.E.C., Department of Health, Department of Transportation, Warren County Planning Department and the City of Glens Falls. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter A RESOLUTION MAKING DETERMINATIONS PURSUANT TO SECTION 209e OF THE TOWN LAW OF THE STATE OF NEW YORK IN RELATION TO THE PROPOSED ESTABLISHMENT OF A SEWER DISTRICT EXTENSION IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TO BE KNOWN AS THE TECHNICAL PARK SEWER DISTRICT. 224 RESOLUTION NO. 195, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of the said Town in relation to the establishment of a proposed sewer district extension in said Town, to be known as the Technical Park Sewer District, and WHEREAS, an order was duly adopted by the said Town Board on June 9, 1987, reciting a description a description of the boundaries of said proposed district, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that no Town funds would be expended for the improvement and the fact that said map and plan were on file in the Town Clerk's Office for public inspection, and specifying the 23rd day of June 1987, at 7:30 o'clock P.M. at the Town Office Building, Town —= of Queensbury, Bay & Haviland Roads, in said Town as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which all persons desiring to be heard were duly heard; and WHEREAS, said Town Board has duly considered said map and plan and the evidence given at said public hearing. NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York as follows: Section 1. Upon the evidence given at the aforesaid public hearing it is hereby found and determined as follows: A. The notice of the aforesaid public hearing was published and posted as required by law and is otherwise sufficient; B. All the property and property owners within said proposed district extension are benefited are benefited thereby: i C. All the property and property owners benefited are included within the limits of said proposed district extension, and D. The establishment of said proposed district extension is in the public interest. Section 2. The resolution shall take effect immediately. The question of adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION APPROVING THE ESTABLISHMENT OF A SEWER DISTRICT EXTENSION IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, TO BE KNOWN AS THE TECHNICAL PARK SEWER DISTRICT AND FURTHER APPROVING THE CONSTRUCTION OF THE IMPROVEMENTS PROPOSED THEREFORE. RESOLUTION NO. 196, Introduced by Mrs. Betty Monahan who moved for its adoption seconded -✓ by Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York has heretofore ; 1, duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of the said Town in relation to the establishment of a proposed sewer district extension in said Town, to be known as proposed sewer district extension in SAID Town, to be known as the Technical Park Sewer District and WHEREAS, an order was duly adopted by the said Town Board on June 9, 1987, reciting a description of the boundaries of said proposed district, the improvements proposed, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, that no Town funds shall be expended for the improvements, the fact that said map and plan were on file in the Town Clerk's Office for public inspection, and specifying the 23rd day of ti�S June 1987, at 7:30 o'clock p.m. at the Queensbury Town Office Building, Bay & Haviland Roads, in said Town as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, such order was duly published and posted in the manner and within the time prescribed by section 209-d of the Town Law and proof of said publication and posting has been duly presented to said Town Board; and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which all persons desiring to be heardwere duly heard; and WHEREAS, the town Board, as duly designated lead agency has adopted a determination of non-significance of the proposed action in accordance with the provisions of the State Environmental Quality Review Act; and WHEREAS, following said public hearing and based upon the evidence given there at, said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in Subdivision 1 of Section 209-e of the Town Law; and WHEREAS, it is now desired to adopt a further resolution pursuant to Subdivision 3 of Section 209-e of the Town Law, approving the establishment of said district extension and the construction of the improvements proposed therefore; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York as follows: Section 1. The establishment of a sewer district extension in the Town of Queensbury, Warren County, New York to be known as the Technical park Sewer District to be bounded and described as hereinafter set forth and the construction of a sewer system to serve said district extension including the installation and construction of pipes, hydrants, valves and appurtenances for the collection of waste water in said district extension is hereby approved and authorized. The method of financing the cost of said improvement shall be borne entirely by the owner of the property to wit, the Queensbury Economic Development Corporation. Section 2. Said sewer district extension shall be bounded and described as is set forth in Schedule "A" annexed hereto and made a part hereof. Section 3. This resolution is subject to a permissive referendum as provided by Section 209-e of the Town Law. The question of the adoption of the foregoing resolution was duly put to a vote on role call which resulted as follows: Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter SCHEDULE "A" All that piece of unimproved land located in the Town of Queensbury, Warren County, New York, and described as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren, and the State of New York, more particularly bounded and described as follows: BEGINNING at an iron rod set in the ground in the northerly bounds of the lands owned by Niagara Mohawk Power Corporation as a transmission line where the Easterly corporation line of the City of Glens Falls intersects; running thence north 07 degrees and 29 minutes East along the City Corporation line, a distance of 1450.77 feet to the southerly bounds of the lands leased by Normandy T.V. Cable Company; thence running South 82 degrees and 31 minutes East along said southerly bounds, a distance of 201.65 feet to the southeast corner of said leased lot; thence running North 07 degrees and 29 minutes East along the easterly bounds thereof, a distance of 310.03 feet to the southerly bounds of Dix Avenue; thence running South 64 degrees, 24 minutes and 42 seconds East along the southerly bounds of Dix Avenue, a distance of 1207.91 feet to a fence post for a corner at the northwest corner of the lands of P.A. Sullivan Estate; thence running South 08 degrees, 35 minutes and 28 seconds West along said P.A. Sullivan Estate, a distance of 821.94 feet to an iron rod set in the northerly bounds of the lands of Niagara Mohawk Power Corporation; thence running southwesterly along the bounds of said Power Corporation the following four courses and distances: (1) South 74 degrees, 34 minutes and 33 seconds West, a distance of 1011.74 feet to an iron rod set in the ground for a corner; (2) North 05 degrees, 21 minutes and 27 seconds West, a distance of 42.75 feet to an iron rod set in the ground for a corner; (3) South 07 degrees, 28 minutes and 33 seconds West, a distance of 15.92 feet to an iron rod set in the ground for a corner; (4) South 74 degrees, 34 minutes and 33 seconds West, a distance of 389.97 feet to the point and place of beginning, containing 39.185 acres of land, be the same more or less. - SEQRA, Negative Declaration Notice of Determination of Non-Significance...on file. COMMUNICATIONS BID OPENING-Vehicle Lift BIDDER NON-COLLUSIVE AMOUNTS OF BID Hoosick Valley Cont. Corp. attached $23,600.00 Valley Falls, N.Y. 12185 Michael J. Busone Co.Inc. attached $11,432.00 Ballston Lake, N.Y. 12019 Actual bids on file NO ACTION TAKEN: Waiting letter of recommendation from Water Superintendent, Thomas Flaherty. BID OPENING - New or Used Wheel Loader BIDDERS NON-COLLUSIVE AMOUNTS OF BID Schroon Lake Tractors Inc. attached $29,810.00 Schroon Lake, N.Y. 12870 State Equipment attached $49,000.00 912 Albany Shaker Rd., Latham, N. Y. 12110 Actual bids on file -Ltr - Thomas K. Flaherty recommending the Town Board award the bid toSchroon Lake Tractors Inc. RESOLUTION TO ACCEPT BID RESOLUTION NO. 197, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, Thomas K. Flaherty, Water Superintendent did recommend that we advertise for bids for a new or used wheel loader and i 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, Thomas K. Flaherty, has recommended the bid be awarded to Schroon Lake Tractor, Inc., NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Schroon Lake Tractor, Inc., Schroon Lake, N.Y. in the amount of $29,810.00. Financed through BAN Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter DISCUSSION: Held regarding a computer for the Highway Department: It was noted that there was two competitive bids on it under $5000.00. This would be used for the inventory of roads, equipment, etc. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO.198„ Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED THAT Audit of Bills as appears on Abstract and numbered 2311 and totaling $3,386.00 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 199 Introduce by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board hereby moves into executive session to discuss Legislation on Tax Assessments. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter ON MOTION THE MEETING WAS ADJOURNED RESPECTFULLY SUBMITTED DARLEEN DOUGHER TOWN CLERK TOWN OF QUEENSBURY I