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1987-09-22 TOWN BOARD MEETING SEPTEMBER 22, 1987 7:30 P.M. TOWN BOARD MEMBERS George Kurosaka-Councilman Stephen Borgos-Councilman Ronald Montesi-Councilman Betty Monahan-Councilman Daniel Olson-Deputy Supervisor Mr. Wilson Mathias-Town Counsel ABSENT:Mrs. Frances Walter-Supervisor PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN PRESS: WWSC, Glens Falls Post Star NOTICE SHOWN PUBLIC HEARING-Regarding proposed Local Law on Flood Damage Protection 7:34 P.M. DEPUTY OLSON-Asked for public comment on the proposed Local Law on Flood Damage Protection. COUNCILMAN MONTESI-Stated that they were not addressing any specific danger or problem in the town but this Local Law has to be passed in order for the Town to qualify and be accepted under the federal flood damage insurance. DEPUTY OLSON-Asked for further comments, hearing none Public Hearing Closed 7:40 P.M. PUBLIC HEARING CLOSED - 7:40 P.M. NOTICE SHOWN PUBLIC HEARING-Regarding proposed Local Law on No Parking on Birdsall Road: 7:41 P.M. DEPUTY OLSON-Asked for public comment on the proposed local law? JOSEPH VALASTRO-Birdsall Road, I have seen children come off the bike trail on the Birdsall Road, make a wide turn and with cars parked on both sides, even on one side, its a very dangerous situation so even with no parking on one side would eliminate the problem. COUNCILMAN MONTESI-Asked who parked there? JOSEPH VALASTRO-Basically bikers, people wanting to walk. DEPUTY OLSON-Stated that if this Local Law passed this evening there would be no parking on 3.10 of a mile from Round Pond Road to Birdsall Road in the Town of Queensbury. The fine will not exceed $50.00 if they park there. COUNCILMAN MONAHAN-Noted that this would include both sides of the road. PUBLIC HEARING CLOSED- 7:43 P.M. OPEN FORUM DEPUTY OLSON-Asked for public input during this period. i YOHANNA NEWMAN-23 Ashley Place, stated that Ashley Place is being used as a throughway, .J between Western and Dixon, which was not a problem a while back when it was older people but now it is younger famlies with children living on the road. Suggested the speed limit be lowered, its currently 35, and possible put weight limit on it as a lot of trucks pass through there cutting through from Glens Falls to get to construction sites. DEPUTY SUPERVISOR-Usually these requests are done by petition. Suggested that the Board and the Highway Committee meet with Mrs. Newman and discuss the problem area and report back. COUNCILMAN BORGOS-Noted that they were working on the speeding problem, said that �s q if the people would go thirty-five it would be OK, also they are looking to get the trucks off there, the heavy trucks that are cutting through. BARBARA LYNN-Hanneford Road, Stated that the narrow road we live on has limited access and also of the road that has been cut into our road which is a much wider road is going to be bringing additional traffic onto that road, I don't feel we can handle it...especially with the small children on that road. Asked if any of the Town Board membershad been on that road to see what they are talking about? COUNCILMAN MONAHAN-Yes, I went up after the last meeting. BARBARA LYNN-Said she was concerned about the runoff from the development and the runoff that is going to be coming from the spring melts, into our wells along the side. I would like to know why the town itself was not notified by the Park Agency when something that is contiguous to the town property is being done that is going to be effecting the town? Asked if the town would be checking with the Park Agency and would there be a hearing with them: TOWN COUNSEL-Noted that a prepared stop work order was issued. BARRBARA LYNN —On the development or on the road? TOWN COUNSEL-On any development within the town which is also on the road. The problem is in terms of the authority,the Town Of Queensbury has to review this project on the basis that it was a minor subdivision by having one residential lot and another lot used for the road. He has agreed and has stated in writing that he is withdrawing the residential lot from the Town of Queensbury, therefore there will be one single lot within the Town, and we don't have any type of reviewing process for someone who has one lot. There is still a question of the permit from the Highway Superintendent in terms of making the road cut in connection and that is a matter that will be reviewed by Mr. Naylor. Also, the alternatives that remains available to the town is to contact and request the APA to re-open this matter, particularly in light of that, the subdivsion is going to be changed and you are not going to have a lot that is going to be in the Town of Queensbury but Fort Ann...also some of the questions the neighbors have, which is the width of Hanneford Road, the impact its going to have on the Queensbury residents, the fact that they did not get notices of the project application. In terms of the Town reviewing authority under our current Zoning Ordinance given the new facts, we don't have any basis under which to look at this project more fully. BARBARA LYNT AAsked even though something is being done that will be effecting the town and for whici-t the town will not be receiving any tax revenue on, it is going to be effecting the town also with runoff and additional traffic,if that is allowed, we still have no say? Noted that the road being cut into the present road is at least 25 feet wide. TOWN COUNSEL-You have the opportunity to raise question of the change of plan and the fact that you did not get notice of the official application for the project. PUBLIC SPEAKER-Stated that he had talked with Mr. Schaffer, of the New York State Throughway, and he informed him that the Town does have the right to give the right to access to that one lot and that one lot only but they do not have to give him access to his property beyond the lot. You have the right to reserve that. BARBARA LYNN. :-Asked how the power if going to go in there? TOWN COUNSEL-This should have been brought up at the APA meeting but there is no reviewing for this within the town. DEPUTY OLSON-The first step will be to notify the APA of the concerns of the town. BARBARA LYNN -Asked how they would be made aware of what is going on...will there be a meeting or will the town notify each person along the road or should we be calling you -- to ask if there is a meeting? DEPUTY OLSON-The town will notify you...you can check the next Town Board meeting. 36 The APA will be going back up there and the Town is going to have look at it also. WILLIAM GAZLEY-Cleverdale, referred to the article in the Post Star regarding Mr. Ingalls paying 1/3 of his social security money to pay his school taxes...said his ailing mother pays 2/3's of her social security to the school tax in Lake George. DEPUTY OLSON-Noted that it was the change in the assessment that changed the taxes. COUNCILMAN MONAHAN-Suggested that he contact the Business Administrator of the Lake George School District and question the share O,ueensbury is paying and the question their use of the equalization rate. MR. GAZLEY-Said he had already contacted the lawyer to determine if they have a legal case. _ COUNCILMAN BORGOS-Pointed out that this Board's hands are tied as far as considering age, income and all the other factors...also said if his mother is passed 65 and her income is below $10,200.00, we can help with that but other than that legally we don't have a leg to stand on. We are trying to find a way to solve this issue. MR. GAZLEY-Said he only wanted to let them know this was another example of what is unequitable. CHARLES ADAMSON-Assembly Point, Stated that the town ought to be interested in why the equalization rate was so low and if it is even legal for the state to have done it. COUNCILMAN BORGOS-Said they had made contact with people in Lake George and are now checking it through the system to see what might have gone wrong. CHARLES ADAMSON-Said he saw no reason for the Queensbury share to have increased from 35 to 44. TOWN COUNSEL-Noted that the 186 number is a number the state is applying to thF 1983 data and comparing the assessment with that, if the current 186% were to hold that mez ns as a practical matter, basically everybody is assessed twice as much as they should be and we know that a great many people are not assessed twice as much as the fair market property value is. know that CHARLES ADAMSON-Noted that Mr. Hillman wanted to let the Town Board:=,the people of North Rueensbury are grateful for the starting process of the sewer system...The two concerns are funding, and is there anything the private citizens can do to push this...the other thing is...has the Town thought about guidance in relation to the Sewer Ordinance? In all fairness to the residents who need variances to comply with the septic ordinance, you might want to consider solutions approved by the ordinance but not currently used, that is holding tanks, It seems kinder now to give them a good system, but with what's available on the market in terms of water saving devices a holding tank solution. COUNCILMAN MONTESI-Each individual member of the Board sat down with one of the engineering firms who has done the original sewer district, so they have a lot of the original data and in ground survey of what the needs could be. We ask them to be creative in their presentation to us and we will address the other firms...what we are looking for is, a study to give us alternative ways of sewering in Queensbury.The least damaging environmentally is to put every home on a holding tank and create a transportation district of eight or ten or twelve trucks to haul it down to the sewer treatment plant...the other alternative would be to have package treatment plants up at the basin...lastly to haul the sewage main line down Ridge Road or Bay Road...those are three things that could be done and I would like to get figures on. DEPUTY OLSON-Stated that there were real active Citizen Groups up there and they are working on this. Noted that part of the signing of the Lake George Law by the government is the drawing up of a new manual that will become effective by the DEC dealing with water management in the basin and that manual is going to answer quite a few of your questions. MR. ADAMSON-The funding should be started now. DEPUTY OLSON-That is what the firm would do once it is hired. JEAN PHILLIPS-When will Earltown have another open meeting? TOWN CLERK-We are still in the comment period until October 9, 1987. ATTORNEY ROBERT STEWART-Glens Falls, Noted he asked for clarification last month regarding the Resolution No. 192 which related to changing the specifications for highways in subdivisions in the Town of Rueensbury. I represented two developers who have projects which they and I feel have final approval and we felt were not covered by the law. Two members of the Board felt we were covered by the law and two had some questions. My clients have asked me to address the Board again, their concern is...we have final approval on both subdivisions...we have it in writing from Planning Senior Manager, Mr. Mesinger, that the entire project received SEQRA approvals, Dept. of Health, Fire Chief, Highway and the Water Superintendents...there are no further approvals we need and they are final...the issue is the Planning Board wants construction done in three phases...60% phase one, when this is done then you can start phase two, but that does not require going back and getting approvals from any of these departments, these projects were approved and specifically the roads were approved, oil and stone. Stated that it was asked if the cost be passed onto the ultimate consumer so that the developer does not get squeezed...reviewing this with them, the answer is flatly no...both of these subdivisions have been sold to the next phase...the -- builder... the developer once approved sets the image on what the houses are going to be built etc...then the builder enters into a contract, the day he sells the house, the developer gives him title to the property, he in turn passes it on to the consumer...the developer gets a fixed price for the lot, that has been agreed on in advance. If the resolution is interpreted according to highway standards as applies to us, even though we had final approval we are looking at between thirtyfive to forty thousand dollars each that is not in their comments when they originally sold these lots to the building contractors who actually build the houses. There is some disparity between your language and the Planning Board language. COUNCILMAN BORGOS-Stated that up until recently, when you came in for a subdivision you would get preliminary final approvals, the whole thing was packaged...then phasing came in because we were concerned that people might be violating something and build something different and then leave it undone so we imposed that on the developers. Noted that we have new regulations we are bound to follow...however what you are saying tonight is slightly different...you are saying you were told you couldn't get final approval on the others. MR. STEWART-Its my opinion that we were given final approval...and entered into a contract with this board and spent hundreds of thousands of dollars to install the entire water district into that subdivision, then we put in the roads, we have done everything, we met every condition required of us and those rules cannot now be changed. COUNCILMAN MONTESI-Stated that they had to follow whatever ordinances are in affect. COUNCILMAN MONAHAN-Only a certain percentage was to be approved at one time and part of the reason for that also was that if more stringent regulations came along, each phase would have to comply with the new stringents regulations. MR. STEWART-I have every single approval of the entire project that is required...the way the Planning Board phrased; that is...they say OK...go ahead and build phase I, then when you want final approval for the next one come back so...you can say we don't have final approval for the second phase...but I have every single approval required by every board and all I have to do to get final approval of phase II is simply show that I have 60% started on phase I and I didn't violate the terms of my approval...so where do I stand here? I bought the property and resold the property at a fixed price and now you've changed the name of the game to the tune of thirtyfive to forty thousand dollars. COUNCILMAN MONAHAN-Noted that that was one of the problems...with one developer getting things approved then selling it off to somebody else. MR. STEWART-Permits go to projects and lands not to the individuals. The process of developing land has become enormously complicated...four years ago I had never done a subdivision, it was all done with the developer, surveyor or engineer...today a developer wouldn't even start without hiring a lawyer. You are looking to six months to a year of an incredible amount of work and investment to get approved...You have created this situation, that requires specialties now. COUNCILMAN MONTESI-Asked if he could go up to the County and file this plot plan as a final approved plot? MR. STEWART-No, I have filed phase I, I can't file phase II until Dick Roberts signs it. DEPUTY OLSON-Are your water mains in the second and third phase? MR. STEWART-No, but all the engineering is in, the water goes in with the roads, and I am trying to find out what roads I have to build that's why I am here. When I put the roads in for phase II the water mains and the lines go in at the same time, all the engineering, designing approvals have been done but they haven't been laid in the ground yet. Some of 3 the work has been started on the roads but they haven't been completed yet. COUNCILMAN BORGOS-Asked if his agreement to sell to the other party was since our last meeting or was it before? MR. STEWART-No it was before our last meeting. COUNCILMAN BORGOS-Referred to Mr. Mack Dean, Mr. Stewart has a letter that says they are given final approval for phase I, phases II and III have received preliminary approval, then it says "this means that after 60% of the unit of phase I - have been started the plot for phase II may be brought in for final approval and signature, since the entire project has already received SERRA, as well as approval from DOH, Fire Chief, Highway and Water Superintendents, there should be a simple procedure completed in one meeting providing that phase I was constructed according to plans. Are the other languages similar in those outstanding projects that are phased also asked Mr. Dean when Woodbury was granted final for their entire project and were they? MR. DEAN-Stated that there was a standard letter...and Woodbury was granted final approval just prior to the adoption of the policy of 60%. Historically phasing became a matter of expediency for the developer because of the cost not knowing how many lots up front they were going to sell, they do a phase when they start making money on that, they start the second phase and naturally we are not recommending that the roads be put in for phase II until phase I is completed and phase II is approved because of the cost involved. Phasing has been a result of request from the developer. COUNCILMAN BORGOS-Is he correct in saying all he has to do is come in and show the 60% has been started and they haven't violated anything...they automatically get the final, that's what the letter says. MR. DEAN-Given that there are no problems. COUNCILMAN MONTESI-Asked...what if Bob Stewarts client didn't sell 60% off for four years then he wants to do phase II and wants to pave the road the way they did four years ago would you allow that to happen? MR. DEAN-That has not happened in the past. Referred to Bedford Close which was developed over many years and parts of it were under the old rules and part under the new regulations. COUNCILMAN BORGOS-Asked Mr. Stewart when he sold to the current owner, to the builder is there any language in that transaction that indicates you the seller are selling to them, the buyers, this project which has received final approval from the town? MR. STEWART-I am told by my two clients that their contract with the builders fixed the price of the lots imposed the new resolution on the developer to finish all roads, water, etc. and the price was fixed and the projects are all approved with the exception that you've got to start 60% of phase I before you can start phase II. COUNCILMAN MONTESI-Stated that this law is saying the Town wants roads up to road standards that have been put forth with our Highway Department and that's blacktop and we want that responsibility borne by the developer and not the taxpayers. MR. STEWART-It says it doesn't it apply to a subdivision that has gotten final approval and we've got in writing a final approval. COUNCILMAN MONAHAN-Asked if they take fifteen years to complete do they still want to be in under the old regulations and that is ridiculous. This Town Board reserves the right to approve the roads. The reason for passing the resolution is that as these phases went along whatever was in effect at that time to improve the conditions of this town and to take the burden off the 163 rest of the taxpayers, the developer would have to conform to. COUNCILMAN BORGOS-Made a motion to table this until next meeting, to give our attorney time to give us an opinion as to whether Mr. Stewart is going to have final approval as per ordinance enacted. COUNCILMAN MONTESI-Asked Mr. Stewart what kind of time frame he was working with? MR. STEWART- Not too bad, two weeks ago at the last meeting you pointed out something I didn't know; under the subdivision regulations, my people can go ahead and start the road and get the them up to standards with the condition that if you require the blacktopping we will post a bond to guarantee that we will do it in the spring. i OPEN FORUM CLOSED RESOLUTIONS RESOLUTION TO TABLE THE DISCUSSION RESOLUTION NO. 289, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED-to table this discussion regarding final approval in phased subdivisions. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 290, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board Minutes of September 2, 1987 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos,Mr. Montesi, Mrs. Monahan, Noes:None Absent: Mrs. Frances Walter RESOLUTION TO SOLICIT PROPOSALS FOR ENGINEERING SERVICES 291 RESOLUTION N(T.-,Introduced by Mrs. Betty Monahan who moved for the adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town Board recognizes the need for sewering in the North Queensbury area and WHEREAS, passage of amendments to the Lake George Law makes treatment of sewerage waste in this basin feasible and WHEREAS, the Town Board wishes to proceed with the plans for a sewer system, NOW, THEREFORE BE IT RESOLVED, that, on behalf of the Town, the Supervisor is hereby authorized to solicit proposals for engineering services for a proposed sewer district. Duly Adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter DISCUSSION: COUNCILMAN BORGOS-Noted that the Board was authorizing the Supervisor to solicit proposals for engineering services, but we still have to finalize the language of the scope as to what we want the engineers to do. LTR. from Mary-Arthur Beebe regarding the preliminary planning to improve wastewater treatment for the North Queensbury communities that border Lake George...on file. RESOLUTION DESIGNATING PORTION OF SHERMAN AVENUE AS NO PASSING ZONE — RESOLUTION NO.292, Introduced by Mr. George Kurosaka, who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, Section 1660 (a) (4) of the Vehicle and Traffic law authorizes a Town Board to determine those portions of Town roads which shall be marked to indicate where passing would be hazardous, and WHEREAS, residents utilizing Sherman Avenue in the Town of Queensbury have expressed concern regarding passing on Sherman Avenue and have requested the creation of a no passing zone, NOW, THEREFORE, BE IT RESOLVED, that a no passing zone is hereby created on that portion of Sherman Avenue from the City of Glens Falls and extending westerly for two (2) miles, and be it FURTHER RESOLVED, that such portion of Sherman Avenue shall be appropriately marked by a double line at such time as other highway markings are made within the town. Duly adopted by the following vote: Ayes:Mr. Kurosaka, Mr. Borgos Noes: Mr. Montesi, Mrs. Monahan Absent: Mrs. Frances Walter DEFEATED DISCUSSION BEFORE VOTE: COUNCILMAN KUROSAKA-Noted that he had been approached by the residents on Sherman Avenue that there was very heavy populated from the city line all the way out, and most of the passing zones are right in front of the intersection from roads and streets coming out of residential subdivision and people are passing where they shouldn't be. COUNCILMAN BORGOS-Asked if there were any areas in that two miles where there would be enough to have one passing zone? COUNCILMAN KUROSAKA-Only one from the section by the city to the bridge of the Northway near the Hidden Hills Road... said the straight stretch from Arbutus Drive up the hill was very populated. PAUL NAYLOR-Stated that the V&T Law says if you can see 600 feet pass, if you can't other wise put double lines. Double lines is the wrong way to do it. COUNCILMAN MONAHAN-Asked Mr. Kurosaka if he had called the Sheriff's Department to patrol the area? COUNCILMAN KUROSAKA-Said that they came once and then you never see them again. RESOLUTION TO AUTHORIZED APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.293, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. 365 WHEREAS, the Town of Queensbury is eligible for funds from the New York State Division for Youth, and WHEREAS, Harold R. Hansen, Recreation Director, has prepared application for the total amount of monies which the Town of Queensbury is applying for in the year 1988 for recreation funds in the amount of $25,000.00 for the administration, supervision and operation of year round recreation programs and activities, NOW, THEREFORE BE IT RESOLVED, that the Town Board authorize Frances J. Walter, Supervisor, to sign the funding application for submission to the New York State Division for Youth. Duly adopted by he following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE LEASE FOR CATERPILLAR 936 WHEEL LOADER RESOLUTION NO. 294, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, Paul Naylor, Town of Queensbury Highway Superintendent has determined that a Wheel Loader is required by the Town to efficiently and effectively to carry out the programs of the Town of Queensbury Highway Department, and WHEREAS, a lease for twelve months for a Caterpillar 936 Wheel Loader has been prepared and reviewed by the Town Board of the Town of Queensbury, and WHEREAS, the lease agreement, conforms with all the provisions contained in the General Municipal Law and has been approved by Wilson S. Mathias, Town Counsel, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to execute an equipment lease for one Caterpillar 936 Wheel Loader in the form annexed to this resolution, and BE=IT FURTHER RESOLVED, that a copy of this resolution together with the executed lease agreements be forwarded to Southworth Machinery Inc. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter (lease on file) RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE LEASE FOR CATERPILLAR MOTOR GRADER RESOLUTION NO.295, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi WHEREAS, Paul Naylor, Town of Queensbury Highway Superintendent has determined that a Cat Motor Grader is required by the Town to efficiently and effectively carry out the programs of the Town of Queensbury Highway Department, and WHEREAS, a lease for twelve months for a Caterpillar Motor Grader has been prepared and reviewed by the Town Board of the Town of Queensbury, and WHEREAS, the lease agreement, conforms with all the provisions contained in the General Municipal Law and has been approved by Wilson S. Mathias, Town Counsel, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to execute an equipment lease for on Cat Motor Grader in the form annexed to this resolution, and BE IT FURTHER 36 6 RESOLVED, that a copy of this resolution together with the executed lease agreements be forwarded to Southworth Machinery, Inc. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. rances Walter (Lease on file RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO.296, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos. RESOLVED, that Bingo License No. 2712 be and hereby is approved allowing V. F. W. Post 6196 to hold Bingo Occasions from October 6, 1987 through January 26, 1988 and be it further RESOLVED, that this includes one Sunday Bingo Occasion Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW LIMITING SOURCE OF SOLID WASTE DISPOSED AT THE QUEENSBURY SANITARY LANDFILL RESOLUTION NO.297, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, the Town Board of the Town of Queensbury has authority pursuant to Section 130 (6) of the Town Law and in accordance with the Municipal Home Rule Law to pass legislation regulating the use of the Town of Queensbury Landfill, and WHEREAS, the Town of Queensbury is engaged in negotiations with the Department of Environmental Conservation regarding the terms of a consent order for the closure of the Town of Queensbury landfill, and WHEREAS, the Town Board is aware that the minimum area of land should be utilized for the landfill operation pending closure of the existing site and development and use of alternative methods for solid waste disposal, and WHEREAS, the Town Board has found that the Queensbury landfill is being utilized for the disposal of solid waste which is generated outside of the geographical boundaries of the Town and the City of Glens Falls, and WHEREAS, the waste originating outside of the Town and City is filling land which would otherwise be utilized for disposal of resident and taxpayer's' solid waste, and WHEREAS, the fees paid for waste disposal originating beyond the bounds of the Town and City do not compensate the Town for the cost of current disposal, depletion of available land and contingency funding for future closure plans, and WHEREAS, legislation limiting the source of solid waste has been prepared, a copy of which is annexed hereto, and WHEREAS, the proposed local law is worthy of consideration for legislative action. NOW, THEREFORE BE IT -- RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and that said public hearing be held at 7:30 p.m. in the meeting room of the Town of Queensbury, Warren County, New York on the 13th day of October 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 and provide notice of said public hearing as may be required by law. 367 Duly adopted the 22nd day of September, 1987 by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter LOCAL LAW Limiting on Source of Solid Waste Disposed at Queensbury Sanitary Landfill 1. Title: This local law shall be known as "The Solid Waste Source Limitation Law of the Town of Queensbury. ' 2. Purpose: The Town Board of the Town of Queensbury finds that it is in the general public interest to place limitations on the source of solid waste disposed at the Queensbury Sanitary Landfill. It is the intention of the Town Board to minimize and limit the amount of land utilized for solid waste disposal and therefore reduce the impacts on the environment, decrease the cost for closure of the sanitary landfill and maximize the existing facility for the benefit of the residents of the Town of Queensbury. 3. Prohibitions: No person, firm or corporation shall dispose, leave, or cause to be placed at the Town of Queensbury Sanitary Landfill on Ridge Road in said town or the Luzerne Road Transfer Station garbage or any form of solid waste regulated by the New York State Department of Environmental Conservation which garbage or solid waste originates outside of the boundaries of the Town of Queensbury. 4. Exceptions: Section 3 of this local law shall not apply to garbage or solid waste originating within the boundaries of the City of Glens Falls. 5. Penalties: a. violation of this local law shall be an unclassified misdemeanor, and upon convicted of violating this local law may thereafter be denied use of the said Ridge Road Landfill and Luzerne Road Transfer Station. 6. Severability: If any section of this local law shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof. 7. Effective Date: This local law shall take effect immediately. DISCUSSION BEFORE VOTE: COUNCILMAN MONTESI-Stated that this Landfill is a Queensbury - Glens Falls joint landfill and all expenses are shared and it is a concern of Glens Falls as well as Queensbury. COUNCILMAN BORGOS-Noted that the Town has been concerned about the solid waste disposal, and said it had been particularly difficult in the past year seeing our solid waste growing with the space we have being used up very rapidly...concerned that other areas are limiting their access to their landfill areas, and while waiting fcr alternatives to be adopted we can't afford to use up our space other than what is already here. COUNCILMAN MONAHAN-Noted that there was an engineering firm on board that oversees the operation and testing of the landfill...we also hired a firm to do site lines to figure the capacity of what we have left there in open space...how much is being filled up and how quickly. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEESNBURY FOR PREMISES FOR TOWN HIGHWAYS TO BE KNOWN AS STONEHURST DRIVE, (extension) RESOLUTION NO.298, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos. 348 WHEREAS, Maine Enterprises, Inc. has executed and offered a deed for Town Roadways not less than fifty (50) feet in width are more particularly described in the documents marked schedule"A" annexed hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, the title to the land proposed to be conveyed has been approved by Wilson S. Mathias, Esq., Counsel to the Board, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the office of the Town Clerk of the Town of Queensbury, and be it further, RESOLVED, that these road extensions be hereby added to the official inventory of Town Highways, to be described as follows: Road No.413, Description: North/South Name: Stonehurst Drive, Mileage: 1,382.55' (.26) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter (Schedule A on file) RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS MARGARET DRIVE RESOLUTION NO. 299, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos. WHEREAS, Queen Victoria Ventures, Ltd., has executed and offered a deed for a town roadway running on the southerly side of Peggy Ann Road which is more particularly described in the attached deed, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparations, drainage implementation, roadway surface and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed and title to the roadway has been approved by Wilson S. Mathias, Counsel to the Board. NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized Airected to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that the road be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 431., Description: North/South Name: Margaret Drive Mileage: 2,143.79' (.41) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO INSTALL STREET LIGHTS RESOLUTION NO.300, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED-that the following street lights be installed: One (1) sodium street light at the corner of Ridge Road and Clements Road Pole #190 One (1) sodium street light at the corner of Ridge Road and Pickle Hill Road Pole #199 One (1) sodium street light at the corner of Ridge Road and Fox Road Pole #207 One (1) sodium street light at the corner of Ridge Road and Thistlewood Drive Pole #1442' and be it further RESOLVED, that a certified copy of this resolution be sent to Niagara Mohawk Power Corporation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW ESTABLISHING NO PARKING REGULATIONS WITHIN GURNEY LANE RECREATION AREA RESOLUTION NO.301, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury has determined to consider the adoption of a local law establishing no parking regulations for specified areas within the Gurney Lane Recreation area, and WHEREAS, the Town Board recognizes the need to regulate the parking of vehicles at the Gurney Lane recreation site, and WHEREAS, the Town Recreation Commission has recommended the regulations proposed, and WHEREAS, the proposed local law has been prepared, a copy of which is annexed hereto, and WHEREAS, the proposed local law is worthy of consideration for legislative action, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said local law and that said public hearing be held at 7:30 p.m., in the meeting room of the Town of �Q Queensbury Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New York on the 13th day of October 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 and provide notice of said public hearing as may be required by law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter -- LOCAL LAW NUMBER 1987 A LOCAL LAW ESTABLISHING NO PARKING REGULATIONS WITHIN THE GURNEY LANE RECREA' AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 32, BLOCK Qr�, 1, LOT 21, 22, 23, & 32.3 SECTION 1. For the purpose of this Local Law, the words "vehicle", 'owner", "parked", "standing" shall have the meaning as defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as outlined and specified in Section 3 hereof, parking shall be permitted only in designated parking lots and in other areas of the Gurney Lane Recreation Area not posted by regulatory signs and more particularly described on the Town of Queensbury Tax Map in Section 32, Block 1, Lots 21, 22, 23 and 32.3. Parking in the aforesaid designated areas shall be permitted during the hours the faicility is open. SECTION 3. Except as specified in Section 2 hereof, no vehicle shall be parked or left standing on either side of the park roadway beginning at the stream culvert located 694 feet from the Gurney Lane Recreatin Area front gate on Gurney Lane Road on the Town of Queensbury Tax Map Section 32, Block 1, Lot 32.3 and running thence in a southeasterly direction along the park road for 286 feet to the southwest corner of swimming pool bathhouse facility for a distance of 443 feet to a point at the northeast corner of the Gurney Lane Recreation Area parking lot. SECTION 4. 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 5. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of orate. RESOLUTION RESCINDING STOP-WORK ORDER RESOLUTION NO.302, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, on or about August 21, 1987, a stop-work order was issued to Robert and Judy Schulz to cease and desist from work within the bounds of Queensbury on a 9 lot subdivision located off Hanneford Road, and WHEREAS, the basis for the issuance of said stop-work order was the requirement that approval for a minor subdivision be obtained from the Town of Queensbury Planning Board, and WHEREAS, by letter dated September 16, 1987, the said Robert Schulz has advised the Town of Queensbury that no residential lot will be created within the Town and that the land within the Town will not be utilized for separate ownership and use, and WHEREAS, no subdivision of land will occur within the Town of Queensbury, and WHEREAS, §13.021 (c) of the Zoning Ordinance authorizes the Town Board to rescind and teminate a stop-work order. NOW, THEREFORE BE IT RESOLVED, the Town Board hereby rescinds the stop-work order on the basis that as a result of the applicant's withdrawal of a residential lot within the Town, no subdivision has occured, 3 7.I and therefore no violation of the zoning ordinance currently exists, and BE IT FURTHER RESOLVED, that the applicant notify the APA of the modification of plans and further that the applicant obtain a driveway permit from the Town of Queensbury Highway Superintendent. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Monahan DISCUSSION HELD BEFORE VOTE: COUNCILMAN KUROSAKA-Asked if this should be a road permit rather than driveway permit. Stated that the driveway permit is only access to that one lot, not the lots behind it. PAUL NAYLOR-Stated that if given a road permit it would have to go through the Planning Department but a driveway permit goes through the Highway Department. COUNCILMAN MONTESI-Noted that the developer is using the vacant lot to get up to the upper level asked how do we stop that? DEPUTY OLSON-There has to be town owned land separating the road from the property and that is why a person has to have a driveway permit to go across town property. TOWN COUNSEL-Stated that you have to have a basis to issue a stop work order...a section of the zoning ordinance which authorizes you to issue a stop work order based on such and such and you are violating our rules. COUNCILMAN BORGOS-Asked if we could say not stop work but say you cannot cross town property because in doing so you are endangering the lives and well being of the citizens on that road. TOWN COUNSEL-The Town Highway Superintendent has the authority. RESOLUTION TO APPROVE LOCAL LAW ENTITLED FLOOD DAMAGE PREVENTION RESOLUTION NO. 303, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, the Federal Emergency Management Agency has notified the Town of Queensbury of the need to implement revised regulations concerning the uses of land and methods of construction with a Floodplain and WHEREAS, A public hearing duly published in accordance with the law by the Town Clerk was held on September 22, 1987 at 7:30 P.M. at the Queensbury 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 the Local Law entitled "FLOOD DAMAGE PREVENTION" be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: None i Absent: Mrs. Frances Walter LOCAL LAW #10 "FLOOD DAMAGE PREVENTION" to be found on pagenzY RESOLUTION TO APPROVE PROPOSED LOCAL LAW REGARDING NO PARKING ON BIRDSALL ROAD RESOLUTION NO. 304, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, The Town Board of the Town of Queensbury have received requests to establish a No-Parking Zone on Birdsall Road and WHEREAS; a public hearing duly published in accordance with the law by the Town Clerk was held on September 22, 1987, at 7:30 P.M. at the Queensbury 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 ON BIRDSALL ROAD" be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter LOCAL LAW NUMBER 11 1987 NO PARKING ZONE ON BIRDSALL 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 Birdsall Road from Round Pond Road to the end of Birdsall Road for a distance of 3/10 of one mile 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. COMMUNICATIONS: Ltr., from Department of Transportation regarding locations and number of signs...on file Ltr., from Fire Marshall, N.W. Bodenweiser, regarding Seminar at Montour Falls...on file RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 305, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, N.W. Bodenweiser has requested permission to attend the Annual Fire Marshal's Seminar NOW, THEREFORE BE IT RESOLVED, that permission is hereby granted to N.W. Bodenweiser to attend the annual Fire Marshal's Seminar at Montour Falls, New York on October 13 - 16, 1987 and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter Ltr., from Thomas K. Flaherty, Water Superintendent regarding the Falls Meeting of AWWA...on file RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 306, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, Thomas K. Flaherty has requested permission to attend the Fall Meeting - American Water Works Association NOW,THEREFORE BE IT RESOLVED that permission is hereby granted to Thomas K. Flaherty to attend the American Water Works Association at Niagara Falls, New York on October 6-9, 1987 and be it further, RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO.307, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED that Special Audit of Bills as appears on Abstract and numbered 3239 and totaling $3,386.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 308, Introduced 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 legal litigations and personnel. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION TO RECONVENE RESOLUTION NO.309, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the Town Board hereby reconvened into session. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter RESOLUTION AUTHORIZING THE DEPUTY SUPERVISOR TO EXECUTE AGREEMENT RESOLUTION NO. 310, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Mr. George Kurosaka. WHEREAS, Resolution No. 310 forth coming from Town Counsel to be found on page Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Frances Walter ON MOTION THE MEETING WAS ADJOURNED RESPECTFULLY SUBMITTED DARLEEN DOUGHER TOWN CLERK TOWN OF RUEENSBURY