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1986-06-24 199 TOWN BOARD MEETING JUNE 24, 1986 7:34 P.M. TOWN BOARD MEMBERS Mr. Daniel Olson - Deputy Supervisor Mr. George Kurosaka - Councilman Ll 11r. Stephen Borgos - Councilman Mr. Ronald Montesi - Councilman Mrs. Betty Monahan - Councilman Mr. Wilson Mathias - Town Counsel ABSENT: Mrs. Frances Walter - Supervisor TOWN OFFICIAL - Mr. Paul Naylor, Highway superintendent PRESS: Glens Falls Post Star, WENU GUESTS: Mr. Charles H. Scudder, Mr. Eddy, Mr. Morton, Mrs. Davis, Mr. Brassell Mrs. Morton, Mr. Dennis,Mr. Goodman, PLEDGE OF ALLEGIANCE LED BY: Councilman Monahan DEPUTY OLSON - Noted that Supervisor Frances Walter was out of town attending a County Legislature meeting. First order of business this evening is a presentation to Mr. Eddy. TOWN CLERK - Darleen Dougher read the resolution of appreciation formerly introduced by the Town Board as Resolution No. 161 of 1986. DEPUTY OLSON - Presented Mr. Robert Eddy with a framed certificate of appreciation, on behalf of the Town Board and citizens of Queensbury. MR. ROBERT EDDY - Thanked the Town Board and noted that a lot of this credit should go to Betty Monahan as several years ago she invited him at tier house with the League of Woman Voters to present his program on Community Beautification and that's how he got started. COUNCILMAN MONTESI - Mr. Eddy has taken on a new responsibility of inventorying the signs in the town working with the sign ordinance committee and try to update the sign ordinance. PUBLIC HEARING' DEPUTY SUPERVISOR OLSON - Next order of business is a Public Hearing on the Critical-Area of concern regarding Rush Pond. COUNCILMAN MONTESI - When an area is deemed to be environmentally sensitive or critical, what they are saying to the land owners around that or the potential land owners of that piece of property, that we, as a Town Board and the citizens of this town are looking at that area, either a wetland, swamp, stream, as very sensitive to development It doesn't mean that it can' t be developed but it does mean that the To4n Board is really going to require a class A No. 1 Environmental Impact Statement on that particular area for development. Stated that the area in discussion is the Rush Pond Area, the area you see as you are going down the k Northway when you get directly to your left with the Great Escape. Noted that it was also the headwaters for Glen Lake. This is also the area that the Town of Queensbury used to get their water from and the original wells were still there. COUNCILMAN MONAHAN - After inspecting Rush Pond again this week, I am having a little problem with the description with the area that is to be within the critical area, because Rush Pond is surrounded by a great deal of wetlands. Asked Mr. Mathias about the surrounding area. TOWN COUNSEL - Stated that he had the chance to examine some of the wetlands maps, if they reviewed the maps they would see the marsh area and the areas designated as a wetland and also the area proned to flooding is southly of the Rush Pond property itself. This type of area of sensitive environmental concern extends 200 j beyond the 500 feet. The Town Board might want to have additional hearings that would tie this critical environmental area into one of those maps. Stated that j if they view the maps they would see that there is land outside the 500 feet that would be coming within that designation. COUNCILMAN MONAHAN - The marshy area is as critical as the pond itself, it is acting as a sponge and as a purifier. COUNCILMAN MONTESI - Rush Pond is a very small part of the total wetland that the State of New York has deemed as wetlands, the rest of it is all marsh lands seen from the Northway. WILLIAM MORTON - Queensbury Outdoor Recreation and Environment - Stated that he wanted their group to go on record as supporting what the Town Board is attempting to do by designating Rush Pond and surroundings as sensitive critical area. DEC has 100 foot as a buffer zone around a wetland so what the board wants to do is to extend a little bit further beyond the buffer zone which would provide a greater protection to that wetland and stated that it would reinforce what the State is attempting to do. DEPUTY OLSON - The Board had discussed this earlier and wanted to extend the area larger than what the public hearing called for so there may be another public hearing on this same subject. COUNCILMAN MONAHAN - We advertised as a critical area, Rush Pond and the area within 500 feet of the highwater line of Rush Pond, but Rush Pond is such a marshy area, 500 feet doesn't really mean that much, what they are trying to do is word it so as to include the marshy area. COUNCILMAN MONTESI - South of the marshland there is a very nice residential subdivision development, its boundaries come very close to that pond, we will look to see where the subdivision line falls and where the end of the marsh falls. DEPUTY SUPERVISOR OLSON - Asked if there were any further comments, hearing none the public hearing was closed 7:58 P.M. PUBLIC HEARING - NOTICE SHOWN `- 7:59 P.M. OPEN FORUM JEAN DAVIS - Crandall Library. . .Stated that she welcomed the opportunity to be here and give a six months report of the Crandall Library activity for this year. Introduced Christine McDonald, Crandall Library director, and Mike Brassell, Chairman of Budget. MICHAEL BRASSELL - Local public funds comprise about 40% of the total Crandall Library's operating budget. A report from the accounting firm of Silverstein and Lawson reported a clean bill of health. After that report there had been some publicity that the library had lost money in 1985. . .pointed out that in the expenses for that year there was a depreciation amount of $39,000.00, cash reporting firms generally do not use depreciation expense and this was put into place about five years 'ago, and all of their capital assets were valued . There was also a one time expense of $20,000, and expenditure of funds gathered over the years, they were operating in 1986 with a balanced budget. Thanked the Town Board for funding j the Crandall Library. .•✓ r CHRISTINE McDONALD - Thanked Queensbury for the early payment because it does help their cash flow problem. They were impressed with Mr. Eddy's book, that he presented to the library, they are going to have it as an exhibit in the library sometime in the fall or next spring. Thanked Queensbury for their support. TOWN BOARD - Thanked the people from Crandall Library for their presentation . BONNIE MORTON - Ridge Meadows Neighborhood Association. . .which consist of about fifty homes location being along Ridge Road, Meadow Lane, Meadow Drive. The reason they have recently formed is to act as watch dogs to protect the quality of living they already have in their neighborhood and the property values. They are bringing to the Boards attention some of the pending construction projects that they feel 201 threaten their, neighborhood such as conforming with the building code and in particular the town sanitary code. The deed restrictions in the subdivision may possibly be violated as a result of the current pending construction projects. There are a number of property lots available that they would like to see protected as open space in their neighborhood, they were thought not to be building lots and might become building lots. What I am proposing on behalf of the Ridge Meadow Neighborhood Association is that members of the Town Board specifically Mr. Montesi who is in our ward and a member of the Town Planning Board as well a member of the Building Dept. come to our neighborhood and meet members of the Neighborhood Association. f> We would like to show you the construction projects and the area. COUNCILMAN MONAHAN - Stated that deed restrictions were a civil matter. DEPUTY OLSON - If there was construction going on that they thought was improper, they should immediately contact the Building Dept. COUNCILMAN MONTESI - I will get ahold of Mr. Roberts and try and tie in with the Association for a meeting. DEPUTY OLSON - Requested that a list of problems should be made and presented to the Town Board. HOWARD DENNIS Ridge Road, I purchased one of the homes built by Mr. Fredericks, in August 1985 and in March had some serious construction problems and went to the Building Dept. only to find that I did not have a certificate of occupancy. They notified me that there were structural problems that need to be repaired, some fire hazard in the house, three or four building codes that weren' t adhered to in the building of the house. Estimates to fix these came to about 12000.00. My concern is to bring to the Boards attention the other property that Mr. Frederick is building and some of the violations that the Building Dept. is aware of and are trying to get him to correct. Asked if the Town had any enforcement action. Also to inform the people in the town that this type of building is going on in 'the town and the Building Dept. doesn't seem to have the authority to stop the sale of these houses or the completion without a C.O. DEPUTY OLSON - Questioned how he ever got through the banks without a C.O. HOWARD DENNIS - Stated that the builder got a loan to build this house for himself and then sold it. COUNCILMAN BORGOS - Asked if this was built on speculation? Stated that they were aware of the problem and would speak to the Building Inspector. HOWARD DENNIS - Asked if there are any laws in this town to keep a builder from selling a house without a C.O. Asked if the Town could come up with some type of ordinance to restrict the builder from going any further on a project until he has repaired what the Building Dept. says he has to repair. DEPUTY OLSON - Stated that there were stop orders that the Building Inspector can enforce on a project. GENE GOODMAN - Meadow Lane, noted that if the water problem is not the Towns or the Counties or the residents, then why can' t the drain on the Quaker Road be blocked off and let the people take care of their own problem? DEPUTY OLSON - Unfortunately the Supervisor is out of town but stated that he had talked with her and she informed him of this situation, the Town's highway Dept. and the County superintendent have informed them that it is not a highway related problem. COUNCILMAN' KUROSAKA - The water has always flowed in that direction as he designed the road, the problem is caused largely by the taking away of trees and the green area. COUNCILMAN BORGOS - Asked if there was anything they could do to alleviate that ponding that is causing the runoff. PAUL NAYLOR - Highway Superintendent, Stated that the Highway Dept. is not allowed to go on private property and the ponding is on private property. MRS. MORTON - Noted that in this particular area the development taking place on Mr. Fredericks property has taken place as a result of filling in a natural wetland, the question still remains is this a buildable lot? 202 COUNCILMAN KUROSAKA - Noted that if the problem is being caused by Mr. Fredericks then he should correct it not the Town. DEPUTY OLSON - The Building Inspector has been ill for the last couple of weeks and has not been able to look at the building. The Building Department will investigate and update the situation before the next board meeting. RESOLUTION' TO APPROVE MINUTES RESOLUTION NO. 164, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the Town Board minutes of May 27, 1986 and June 10, 1986 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 TO TRANSFER FUNDS RESOLUTION NO.165, Introduced Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, to transfer $9,500. from D1655130441 to D1655130420 for Insurance and $4,000. from D1655110440 to D1655140400 for tree removal. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter DISCUSSION HELD - Regarding insurance - COUNCILMAN MONAHAN - Stated that background should be gathered before the check is authorized, regarding the above resolution. RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM DEED TO ABANDONED HIGHWAY PROPERTY (Quaker Hill Road) RESOLUTION NO. 166, Introduced by Mr. . Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, Quaker Hill Road has not been opened and worked within the past six years, and WHEREAS, Paul Naylor, Town Highway .Superintendent has executed a Certificate of Abandonment describing the roadway to be abandoned, and WHEREAS, a majority of the Town Board of the Town of Queensbury has consented in writing to such abandonment, and WHEREAS, by operation of law title to such abandoned highway reverts to the owners of lands adjoining said highway and a quit claim deed to the sole adjoining owner a copy of which is annexed hereto, has been reviewed by Wilson S. Mathias, Counsel to the Town Board, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor, or her Deputy, is hereby authorized to execute a quit claim deed to such abandoned highway property and to forward such executed instrument to the attorneys for the grantee. Duly adopted by the following vote: Ayes: Mr. ,Kurosaka, Mr.' Borgos, Mr. Montesi, Mrs. Monahan 203 Noes: None Absent: Mrs. Walter RESOLUTION AUTHORIZING ACCEPTANCE OF 30 - FOOT WIDE WATER MAIN EASEMENT RESOLUTION NO. 167, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, 'the Town of Queensbury has heretofore located water transmission lines 4ithin the bounds of Quaker Hill Road, and WHEREAS, a more accurate survey has determined that a portion of the easement for water mains lies outside of the bounds of Quaker Hill Road, and WHEREAS, to clarify the title to certain real property adjoining the transmission lines and to insure that the Town of Queensbury has the unobstructed right to maintain and repair such water transmission line, and WHEREAS, Thomas J. Farone & Son, Inc. , is the owner of the real property to be encumbered by said easement and has agreed to execute an easement agreement for water transmission line location, maintenance and repair. NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury is hereby authorized to accept a 30 foot wide water main easement, in the form annexed hereto. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter t RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE AGREEMENT RESOLUTION NO. 168, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, in connection with the operation of the summer recreation program by the Town of Queensbury, Harold Hansen, Queensbury Recreation Director, has recommended to the Town Board that recreation activities be provided in various areas of the Town, and WHEREAS, the Town of Queensbury is presently not the owner of lands in these various -areas of the Town that would be suitable for recreation activities to be conducted by the Town of Queensbury Recreation Department thereon, and WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the Town Board, with the owners of certain lands in North Queensbury, South Queensbury, West Glens Falls, Glen Lake and Bay Ridge respectively to lease said lands for use in connection with the Town's summer recreation program, and WHEREAS, Harold Hansen has recommended to the Town Board that the Town of Queensbury lease said lands for recreation purposes for the period from June 30 to August 22, 1986, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these six parcels of land and has found each to be suitable and appropriate for recreational 1 ! purposes, and WHEREAS, it would serve a legitimate Town purpose to provide summer recreational programs in North Queensbury, South Queensbury, West Glens Fal.1s,031en Lake and 'Bay Ridge, and WHEREAS, ,the terms and conditions set forth in each of the proposed leases appear to be reasonable, NOW THEREFORE BE IT RESOLVED, that the Town of Queensbury enter into written lease agreements with the respective owners of the aforesaid six parcels of land for a period from June 204 30, 1986 to August 22, 1986 under the terms and conditions of the proposed lease agreement annexed hereto, and be it further RESOLVED, that Frances J. Walter, Supervisor be authorized and empowered to execute said leases on behalf of the Town of Queensbury and be it further RESOLVED, that upon execution of the lease pertaining to the Bay Ridge area by Elva McDermott, owner of said premises, One Hundred Dollars ($100.00) be paid by the Town of Queensbury from the appropriate account to Mrs. McDermott for the lease of this property. Duly adopted by the following vote: f Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Mohahan Noes: None Absent: Mrs. Walter COUNCILMAN MONAHAN-Stated that there might have to be some adjustments made to the Bay Ridge and South Queensbury contracts so they may be extended. RESOLUTION OF REAPPOINTMENT TO CEMETERY COMMISSION ,RESOLUTION NO. 169, Introduced by Mr. Stephen Borgos who moved for its adoption and seconded by Mr. Ronald Montesi. WHEREAS, the term of Robert Edwards of the Cemetery Commission expires June 30, 1986, and WHEREAS, the Town Board of the Town of Queensbury desires to reappoint Mr. Edwards to the Cemetery Commission, NOW, THEREFORE BE IT I RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Robert � Edwards of Queensbury to the Cemetery Commission effective July 1, 1986 for a term of three years through June 30, 1989. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None, Absent: Mrs. Walter RESOLUTION TO CANCEL HEARING FORTH COMING FROM TOWN COUNSEL TO BE FOUND ON PAGE _�/Q O RESOLUTION NO.170, Introduced by Mrs. Betty Monahan, who moved for its adoption seconded by Mr. Ronald Montesi. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter COMMUNICATIONS Ltr.' North Queensbury Volunteer Fire Company Inc. , Bay Ridge Volunteer Co. , Inc. , West Glens Falls Fire Co. No. l, Queensbury Central Volunteer Fire Co. , Inc. . . Active Membership list on file. BIDS-FUEL OIL - Opened June 17, 1986 �VeJ Brian R. Meurs, Inc. , Glens Falls, N. Y. Non collusive attached Delivery at Qsby. Water Dept. Maintenance and Filteration, Court 'Highway, Diesel and Htg. . . .5151, Pine View Cemetery .5201 and Town Office Bldg. and Landfill Diesel .5251 Landfill Kerosene .6571 Mabb ,Oil,Hudson Falls, New York Non collusive attached, Water Dept. ,Pine View Cemetery, Town Office, Water Dept. Filtration Plant, Court/Highway .5555, Landfill Diesel .6455, Landfill Kerosene .8255 Glens Falls Distributing Co. Inc. , Glens Falls, N.Y. , Non collusive attached, Water Dept.Maintenance and Filtraton, .653, Pine View Cemetery, Town Office Bldg. .673, Water Dept. Court-Highway Bldg. .653, (+ .03/gal winter mix) , Landfill Diesel.683, (+ .03/gal winter mix) Landfill Kerosene 1.00 Alternate Bid. . .Glens Falls Distributing Co. Inc. , 'Glens Falls,N.Y. Non collusive attached. Water Dept. Maintenance Bldg. .70, Pine View Cemetery .72, Town Office Bldg. .72, Water Filtration Plant .70, Court/Highway .70, Landfill Diesel .74(+ .03/gal winter mix), Landfill Kerosene 1.10 Ltr. - from Mr. -Peter Brault- requested the acceptance of Brian R. Meurs - on file. RESOLUTION TO ACCEPT BIDS RESOLUTION NO. 171, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury did request that we advertise for bids for fuel oil, and WHEREAS, three bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher, and WHEREAS, three bids were turned over to Mr. A.Peter Brault, Building and Grounds Supt. for his recommendation, and WHEREAS, Mr. Brault, by letter' gave his recommendation as follows: Brian Meurs Inc. Glens Falls, N.Y. Water Department .5151 Maintenance building .5151 Pineview Cemetery .5201 Town office Bldg. .5251 Water Filtration Plant .5151 Court/Hwy Diesel .5151 Court/Hwy Heating .5151 Landfill Diesel .5251 Landfill Kerosene .6571 NOW, THEREFORE BE IT RESOLVED, that the Town Board of Queensbury hereby accepts the recommendation of Mr. Brault as mentioned above and be it further RESOLVED, that the financing for such materials is included in the 1986 Town Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, M#r. Borgos, Mr. Montesi, Mrs. Walter r Noes: None Absent: Mrs. Walter Discussion held on - town' s option when to cap off fuel oil tank, Councilman Monahan requested that further bid specifications reflect certain months for automatic ,delivery and the rewording of the specifications be done for the 1987 bidding. . . BID OPENING - Used excavator for Highway Dept. Southworth Machinery Inc. Menands, Albany, N.Y. 12204 non collusive attached 206 Bid Price $18,000.00 -Ltr. Highway Supt. recommending the bid be awarded to Southworth Machinery for a used Excavator. . .on file RESOLUTION TO ACCEPT BID FOR PURCHASE OF A USED EXCAVATOR RESOLUTION NO.172, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Paul Naylor, Superintendent of Highways for the Town of Queensbury did recommend that we advertise for bids for a used Hydraulic Excavator, and WHEREAS, one bid was submitted and received and opened at the specified time and place by the Director of Purchasing / Town Clerk Darleen Dougher and such bids were then turned Mr. Paul Naylor for his recommedation and WHEREAS, Mr. Paul Naylor has by letter accepted the only bid from Southworth Machinery, Inc. for, one used 1973 Drott 40BYR Hydraulic Excavator, Serial No. 2541 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Southworth Machinery, Inc. in the amount of $ 18,000.00 and be it further RESOLVED, that the financing of such equipment is in the Highway Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan Noes: None Absent: Mrs. Walter -Ltr. Robert C. Westcott D.D.S. regarding rezoning a portion of the Bay Road corrido . . .on file. DISCUSSION HELD-Deputy Olson-The Town Board has not received any recommendation for the Planning Board on this request . .Councilman Montesi-reviewed the history of the zoning in this area. . .Councilman Monahan-I believe that the Town Board needs more information on this proposal before the Board can act. I want to make sure we do not have any further strip development. Maybe this should be held until we have, a planner. Deputy Olson-We will take no action at this time. -Ltr.William B. Morton, Meadow Drive, asked that he be able to speak in front of the Local Board of Health. . .on file DISCUSSION HELD-Referred to the Supervisor for her recommendation. Ltr. , Robert D'Andrea, Member of Assembly, regarding repeal portions of "The Lake George Law". . .on file Ltr. , Mrs. Betty Monahan presented the Board with copies of a Legislative Bill Drafting Commission, regarding the amendment to the environmental conservation law, in relation to the discharge of sewage or treated sewage effluent into Lake George. . .on file. TOWN COUNSEL - State4 that this appeared to be the only bill of its kind before the State,, Legislature and it might be one of those things the board would want to act on quickly while the Legislature is still in session. i 1 Ltr. , Charles H. Scudder, P.E. Consulting Engineer regarding realignment of Dixon --�" Road. . . RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 173, Introduced by Mr. Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan: 207 RESOLVED, that Audit of Bills as appears on Abstract 6-24-86 and numbered 1747 and totaling $2986.00 be and here-by is approved . Duly Adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Noes: None Absent: Mrs. Walter COUNCILMAN MONTESI - Stated that he received two letters from a resident on Fort --�,� Amherst Road asking to have a water sample taken out of Dr. Eisenhardt's pond. DISCUSSION HELD- The Board agreed that it should be brought to the attention of the Board, of Health. On motion the meeting was adjourned. RESPECTFULLY SUBkITTED, DARLEEN DOUGHER, TOWN CLERK