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1986-10-28 JA—SA. TOWN BOARD MEETING OCTOBER 28, 1986 7:38 P.M. TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor Mr. George Kurosaka-Councilman Mr. Stephen Borgos -Councilman Mr. Ronald Montesi -Councilman Mrs. Betty Monahan -Councilman PRESS: Glens Falls Post Star GUEST: Mr. Paul Naylor, Mr. Rick Missita, Mr. Ralph VanDusen, Mr. Nolan, Mr. Mahoney, Mr. Kelly, Mr. Gilcrest, PUBLIC HEARING 7:40 P.M. PUBLIC NOTICE SHOWN SUPERVISOR WALTER-The Public Hearing this evening is relating to the revised version of the amendments to the subdivisions, read the comments addressed by the Town Board and changes made on the third page of insertion. Noted that the amendments require a licensed engineer for major subdivisions and licensed land surveyor with exemption, ten copies of sketch plan are required in sketch landscape plan by professional land surveyor on twenty lots only, on major subdivisions. Asked for public comment relative to amendments. JEFFREY KELLY-6 Meadowbrook Road-asked for clarification of twenty lot subdivision and acquiring cost of development not to exceed $1000.00. SUPERVISOR WALTER-We are trying to recoup some of the fees incurred on smaller projects and trying to encourage anyone who is doing work to have a sketch plan ahead of time. Stated that we mean the $1000.00 to be a cap and that the cost will not go over that amount without the consent of the developer. �— JEFFREY KELLY-Referred to the fact that if a developer already has a land surveyor and a licensed engineer employed on his project, it seems that the town is spending money on duplicating the same work by the professionals. SUPERVISOR WALTER-No, we are looking for a professional to read contour maps and Stuart Mesinger, the Town Planner can do a lot of the things, especially drainage. JEFFREY KELLY-Does the developer have to pay this? COUNCILMAN KUROSAKA-Only if he doesn't do his homework. COUNCILMAN BORGOS-Noted that whether he does or does not do his homework our engineer will not do the actual work. SUPERVISOR WALTER-We want his stamped approval. JEFFREY KELLY-How will the developer pay this fee? SUPERVISOR WALTER-He will be billed, the only other way is to raise the fee. Some developers do right others don't. COUNCILMAN MONTESI-If you came in with a sketch plan and Stuart looks at it and says we have serious problems, then we would have our engineer take a look at it. Not all the plans are going to have problems. JEFFREY KELLY-Looks like we are getting hit with a double trap. COUNCILMAN MONANHAN-Was this advertised correctly with licensed engineer? TOWN COUNSEL-Were any copies given out? TOWN CLERK-Just one. SUPERVISOR WALTER-Asked for further comments, hearing none the public hearing closed. CLOSED: 8:08 P.M. OLD BUSINESS SUPERVISOR WALTER-Stated that this was relative to the Cable T.V. transaction. COUNCILMAN MONTESI-I received a letter from Mr. Nolan regarding the list of references, requested of the names of places being served. Most of the calls gave a very satisfied feeling, 75% of the complaints were the same as ours, they could not be reached when system is down. Nothing unusual in complaints. J MIKE MAHONEY-I am happy you could reach the people to get some input on our present systems in their areas. We have been in the Utica area since 1964 under franchise and they gave us a five year extension at the end of the period. Noted that when more than ten customers call in problems, we respond anytime but less than that we wait till the weekdays to take care of the problems. In general we try to maintain standards of a high level of service. We want as many customers as possible and will be giving as good as service as Bob maybe better. We will go in common trench and we will be building new ones. MR. NOLAN-Since the last meeting two weeks ago we have gone into the Butternut Hill area. It was hard construction to put it in but we did it in five days. We wired twenty four homes, fourteen as customers and completed to their satisfaction. We just opened up Wincrest with fifteen homes. Pinion Pine is started, digging is good with sandy soil and will be done within one week. Grouse Circle is a large project but is scheduled for November 3. Bedford Close is also good digging but west of West Mountain Road, Northwest Village is monumental, this will be done on cost basis. SUPERVISOR WALTER-Asked about Big Bay Road. MR. NOLAN-There are about twenty homes, noted that the state criteria is 35 homes per mile. We've gone beyond that and Mike's criteria is about the same. Regarding new areas, stated that Barbara Howe has been a very good leison with him and the town and he hadn't heard from her in six months she has been very helpful. SUPERVISOR WALTER-Noted that one of the areas that was promised was the Big Bay area. MR. NOLAN-Big Boom is close to viable, people are waiting patiently and looking into a new company this was one of the things that made me look favorable to the Harron Company as they will open up new areas. COUNCILMAN BORGOS-Noted that in reviewing documents from Councilman Montesi, the initial problems disappeared after installation and work was completed in most of the areas. Asked if cable would be expanded in the Gurney Lane area from Bonner Drive, North? MR. NOLAN-Noted that there were seven homes there maybe eight now, then there is none in a half mile distance, he told them to get a few more neighbors and then they will run cable. COUNCILMAN BORGOS-Asked about live audio visual in the schools, if it were requested, would they elude? Students would like to produce their own TV programs if ACC meet the specifications of the Cable Company, would they run the lines? Noted that he had spoke with Mr. David Ofiara at ACC college regarding the capabilities of an audio visual system. Referred to Mr. Nolan regarding the installing and engineering costs. MR. NOLAN-Live audio visual is a viable thing. Stated that they were rebuilding the system and have spent 3/4 of a million dollars in the last year. This is opened to the new company. Noted that they tried putting Rueensbury School on immediate line but failed also noted that installation and engineering fees would be done at no cost to the schools, hospitals etc. This will be up to the new company now. MIKE MAHONEY- Yes, regarding audiovisual, ACC seems like a viable location for a remote site and stated that the same policy of no cost for engineering and installation to the schools and hospitals and public facilities would be followed. Also noted that he would look into the capabilities of an audio visual system at the Adirondack College and Queensbury School. COUNCILMAN KUROSAKA-Referred to the rate increase. MIKE MAHONEY- Rate increase will take place when everything is done, and it will not be more than 30 to 35 % which is about $13.00 per month, depends on satellite channels. COUNCILMAN KUROSAKA-You say we will have 20 to 27 channels for this base rate? COUNCILMAN BORGOS-Asked if the basic rate includes the converter. MIKE MAHONEY-A converter will be installed in every house at no charge. COUNCILMAN BORGOS-Noted that new housing has every room wired for TV and asked how they would handle this? MIKE MAHONEY-Basic service will be charged for first TV...additional charge for additional rooms. Stated that they will charge only for the wire being used. Noted that there is problems with splitting the system, it spoils the signal and it takes an amplifier to boost. For example if you, meaning the customer, split the unit for five...it brings the quality down—we will have the same quality for all units. MR. NOLAN-The Harron Company is not charging a deposit. MIKE MAHONEY-No, we are returning the converter deposits now on hold. COUNCILMAN MONTESI-Stated that after the first of the year when we have lost our rate control, what happens when the company wants a rate increase in spite of type service given. MIKE MAHONEY-Ref erred to the Telephone Company and the Power Company and the fact that they do not have to deal with the towns when they want a rate increase and cable has no such power to do this, without a court of appeals. Here is our investment and here is the rate we need after a lot of study has been done. Rates are identical to those who have rate control system. State court of appeals can stop franchise if enough customer call with complaints. In general we have had a pretty happy business, we want to be here ten or fifteen years. COUNCILMAN MONTESI- We hope to vote on this tonight. Based on the phone calls the company is fine and can be proud of themselves. I am sure they will grow with us. We gave Bob five years and would like to give you the same, would it be possible to give you four years and then talk again rather than eleven years now? MIKE MAHONEY-When we go after the new franchise as a general rule we ask for fifteen ._ years because of investments being made. We are not being unreasonable we have good local relations. COUNCILMAN,M�NAHAN-Stated that she was told by a present day subscriber that the channels were fine up to six after that they do not get good reception and was told by the cable people they would have to buy a booster. MIKE MAHONEY-Picture quality will be affected if they have spliced into the wire for additional units. Noted that they should not have to have a booster. MR. NOLAN-Asked in what area this was in? COUNCILMAN MONAHAN-Ridge Road, about a quarter of mile below Haviland Road toward the city. MR. NOLAN-Asked for the name of the people with the complaint and Mrs. Monahan will get it for him after the meeting. COUNCILMAN BORGOS-As we address the issue of extending this for a period of time be it for five years or eleven years would you be willing if it be legally possible, to a stipulation that would incorporate the minutes of this meeting by reference into the contract, extending it. Keep the tape and minutes on file because we discussed a lot of things as far as intent...As part of the resolution to incorporate the minutes by reference. -_- MIKE MAHONEY-No problem. COUNCILMAN KUROSAKA-I have a great deal of reservation...for you to try to amortize your investment in four years. I find it highly impractical to come into an area and get a four year contract, I for one, think four is too short. SUPERVISOR WALTER-This is not a Public hearing but are there any comments from the people here this evening who might have thought it was? jag FRANK GILCREST-Robert Gardens- I have been a customer of cable company for about 16 months and have found it poor. I have complained to the cable company here with no results. I also wrote to the Cable Commission, they were very nice but nothing happened. According to their letter I was supposed to received a comments from Mr. Nolan...I never received any comments. Has anything been done? SUPERVISOR WALTER-Asked if he did not receive good reception or is the cable down or is it both? FRANK GILCREST-Channels go off completely, sometimes they are off an hour sometimes longer. We get interference. The audio levels go from one channel to another and asked if the new company expected to use the old system? SUPERVISOR WALTER-Asked Mr. Nolan what the problem was at Robert Gardens North? MR. NOLAN-Referred to his chief technician who asked when he called in his complaint? Noted that they were required to keep a record of all complaints. Also noted that there might be a bit of trouble when the system was changed over and they normally try to do that between 4:00 A.M. and 7:00 A. M. and they have been doing it all summer and there is an imbalance for a day or two, until they balance the amphlifiers. MR. GILCREST-Why should we lose the channels completely? MR. NOLAN-I don't know the answer to that but I just asked my chief technician and he says there are no major problems in Robert Gardens. COUNCILMAN MONTESI-I live on Meadow Drive and have a variation between HBO and the base program in terms of audio and just wondered what caused it? MR. NOLANS CHIEF TECHNICIAN-Noted that this would be a head end problem. SUPERVISOR WALTER-Asked if it were possible for someone to take a look at Mr. Gilcrest problem. MR. NOLAN-Yes. MR. GILCREST-Asked if it were possible to monitor channels? MR. NOLAN-Yes, will there be someone at home about eleven tomorrow morning and we'll be there. MR. GILCREST-I am not complaining about my own, to me it is in the system. To go back to my original question, have you changed the original equipment? MR. NOLAN-We boosted the mechanism system and there has been a building process. During that period when we cut it off at 4:00 A.M. we get the calls the next morning and that is perhaps a failure of public relations, so we should put a notice in the paper that they are going to be shut down. COUNCILMAN MONTESI-Ref erred to a letter to be entered into the records, from Dr. Luria. adding his name to the list of dissatisfied customers that unless the company radically improve the service and usage, they better not ask for one penny increase because they do not deserve it. MR. NOLAN-Where does he live? COUNCILMAN MONTESI-25 May Street in Glens Falls. COUNCILMAN KUROSAKA-Thats in the city, that is Classic COUNCILMAN MONTESI-I realize that, I am saying the service is for his mother. COUNCILMAN BORGOS-I think his home is in Queensbury. COUNCILMAN MONTESI-Noted that he said in his letter he gets a busy signal everytime he attempts to call the Colonial Cablevision office, and the phone is either out of order or they take it off the hook. PUBLIC SPEAKER-Big Boom Road-Sometime ago we submitted a petition requesting lines � a9 down there and these signature guarantee business and I wanted to know what happened to that? COUNCILMAN KUROSAKA-Big Boom and Big Bay are two different roads. PUBLIC SPEAKER-I addressed that to Mr. Nolan because follow up through you George has been a little hard. MR. NOLAN-These are two different sections and Big Bay is more viable then Big Boom. On Big Boom you have a real bad situation, we don't have hardly any density but Big Bay I would think would be done this coming summer. PUBLIC SPEAKER-What do you mean in terms of density? MR. NOLAN-The number of homes per mile. PUBLIC SPEAKER-I think a number of building permits were issued in the last fete years, I don't know when you did your last survey, but there is a lot of growth, how many houses do you think are down there now? MR. NOLAN-I would think around 32 in round numbers. PUBLIC SPEAKER-There are 40 home now, I am saying from the Copper Kettle, it's pretty well grown up now. MR. NOLAN-Big Boom is viable area and we are looking at it. If we could get a 30 home subdivision in there, we would be in there this spring. SUPERVISOR WALTER-Asked for further comments referable to Cable TV. Asked the Town Board if they wished to act on Mr. Nolans request for approval of the sale of cable this evening. Mr. Kurosaka you made some comments relative to the time frame, you said that four years was not fair. COUNCILMAN KUROSAKA-It is not adequate for the amount of money they are investing in the area to upgrade it from an eleven basic channel to twenty-seven. SUPERVISOR WALTER-He is asking for eleven years, do you feel that eleven is too much? COUNCILMAN KUROSAKA-No, ten or eleven isn't unreasonable. COUNCILMAN BORGOS-Is that an extension of eleven? MIKE MAHONEY-No, extension of seven. We can live with ten. SUPERVISOR WALTER-Referred to Councilman Monahan as to the time frame. COUNCILMAN MONAHAN-I probably wouldn't go for as few years as Ron has but I am a little concerned about ten to. Hopefully we won't have any problems. SUPERVISOR WALTER-Asked for a consensus from the board? COUNCILMAN BORGOS-I would side with George, if we go for too small a period this would tend to say... well we are not really anxious to put an awful lot of money into it but if we go for ten, they are more likely to. If we give them close to what they feel they need and what they should have as business people, then if they don't produce we could get all kinds of public comment and lots of public newspaper publicity as to how bad they are, if we on the other hand only give them a short extension and they don't produce...it is going to be hard to say you ought to invest more money and they will say there is no reason. I would propose a resolution to extend it for six years making a total of ten with the stipulation tonight meeting be incorporated in the tape and a copy of it both kept in two different places and kept for the duration of the franchise. COUNCILMAN BORG OS-Requested that the Town Counsel review the contract with the Harron Corporation. SUPERVISOR WALTER-1 noticed in the newspaper that you are going back to some other communities to have your approvals in the beginning of November. MR. NOLAN-The last one is November 6, I have to get our packets together if we are going to meet the time period of the New York State Cable Commission. That is the one you probably saw, November 6. SUPERVISOR WALTER-Have they all acted? MR. NOLAN-No, five acted for eleven years and the transfer. Hadley, I haven't finished yet and Hudson Falls we are going tomorrow. SUPERVISOR WALTER-We can act on this relative to the approval of the sale Colonial Cable to the Harron Corp. and asked for further input from the public. RESOLUTION TO APPROVE SALE OF COLONIAL CABLE TO HARRON CORPORATION RESOLUTION NO.274, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town of Queensbury and Normandy T.V. Cable Co. Inc., now Colonial Cablevision, Inc., entered into a franchise agreement for the provision of cable television services within the Town of Queensbury dated September 4, 1970, as amended , and WHEREAS, Colonial Cablevision, Inc., has entered into an agreement with Harron Communications Corp. to transfer ownership to said Harron Communications Corp., and has asked to extend the franchise for a period not to exceed eleven (11) years, and WHEREAS, the said franchise agreement requires the consent to the Town Board of the Town of Queensbury prior to any transfer of ownership, and after a public hearing held pursuant to Public Notice, at the Town Office Building, Corner of Bay and Haviland, Queensbury, New York on the 14th day of October, 1986, upon motion duly made and seconded, it was RESOLVED, that the transfer of the franchise from Colonial Cablevision, Inc. to Harron Communication: Corp., be and hereby is approved, and that said franchise be extended for six (6) years, to expire on October 14, 1996 and be it FURTHER RESOLVED, that the minutes of the Town Board Meeting of October 28, 1986 and the warranties and representations of the representatives from Colonial Cablevision, Inc., and Harron Communications Corp. be incorporated and made a part of the said franchise agreement which, as so modified and amended, is hereby ratified and confirmed. Duly adopted by the following vote: Ayes: Mr. Kurosak, Mr. Borgos, Mrs. Monahan, Mrs. Walter Noes: Mr. Montesi Absent: None SUPERVISOR WALTER-Thanked Mr. Mahoney for having his men here and said she was sure he would improve the services here. OPEN FORUM SUPERVISOR WALTER-Asked for public input on any subject. GLEN GREGORY-West Glens Falls, Noted that Paul had done an excellent job and has an excellent idea of closing that mountain road and as far as the fire service is concerned, we have not used that road for fire service in the winter time, except for the Cormus fire when we lost two trucks at that time, from that time on we have always gone up Tuthill Road. COUNCILMAN BORGOS-That was December 1972. GLEN GREGORY-From that time on we have always used Tuthill Road, it may take a minute or two longer but its safer and I think that road is treacherous in July let alone in January. It should be closed. COUNCILMAN BORGOS-Stated that he had heard there were some complaints about closing the road. Having lived up there for ten years, I can only imagine the problems related to getting mail, people at the top of the mountain do get their mail at the corner of Luzerne and West Mountain Roads and they would have to go down Tuthill, come down Sherman up Westmountain and then back up again and that's an inconvenience. People going from there to Exit 18 would have to make a little bit of a loop, but most of the traffic seems to be toward Exit 19 and towards the Northway. I have heard no specific objections from anybody and with the understanding that if people ever do build houses on that stretch of road, you are going to reopen it so that we don't lose property values. I think what we did was right under the circumstances. SUPERVISOR WALTER-1 think the only comment I heard was the time, November 1, closing it. Asked if there was no way you could delay that? PAUL NAYLOR-You put the sign up and when it snows you just don't plow. I discussed it with our legal counsel and didn't agree with that. I would not want somebody to get up there in a snow storm, go over the bank and get trapped in a car and find his bones in the spring. I figure its tough enough to plow the roads in a snow storm.I have got time to go up and put up a fence and flashing lights and all the goodies that I am going to put up next week when it is nice and warm. I understand where Mrs. Henke is coming from...its beautiful up there �r nine months of the year but it is not fit for man or beast in the winter. I have to go with my gut feelings which is the safety of the people. COUNCILMAN BORGOS-Would we agree that if in the future conditions change we can always reopen the road? PAUL NAYLOR-Oh, yes, I talked with her that if it doesn't work, which I think it will, we will go back to the old way and they can do the back stroke. COUNCILMAN BORGOS-So we are not going to build a concrete wall there? PAUL NAYLOR-Just a barricade which they will probably knock it down a hundred times anyways and I will have to keep putting it back up till we get some snowbanks there and they can't make it then it will stop. Basically the law is you just stick up a sign and when it snows you don't plow it, but we are going a couple of steps farther. SUPERVISOR WALTER-Asked for further input, hearing none open forum closed. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO.275,Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board minutes of October 3, 1986 be and hereby are approved DULY: Adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO SET POLICY RESOLUTION NO. 276, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town of Queensbury has established a new office of Planning and Zoning, and Whereas, there is a need to establish set policies for the operation of that office, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby states that it shall be the policy of the Town of Queensbury that the Head of the Planning and Zoning Department be the authorized person to prepare agendas for Planning and Zoning meetings and that he/she shall make the determination as.to when an application for inclusion on the agenda is complete; that an application shall be considered complete when the applicant (or his/her representative) has: For Subdivisions complied with Article III, Section 1 (minor subdivision)or Article III, Section 3 major subdivision) of the Subdivision Regulations, accompanied by the necessary filing fees for the project; For Site Plan Reviews, complied with Article 5, Section 4.040 of the Zoning Ordinance, accompanied by the necessary filing fees for the project; For Variances, complied with Article 10, Section 10.030 of the Zoning Ordinance, accompanied by the necessary filing fees for the project, and be it further 3 ZZ. RESOLVED, that the Planning & Zoning Department Head shall allow withdrawals of a project from the agenda of either the Planning Board or Zoning Board of Appeals meetings only if the applicant (or his/her duly authorized representative) shall request withdrawal in writing. (It shall be the policy of the Town to give no refunds when an application is withdrawn.) and be it further RESOLVED that if the developer withdraws a project a new developer of the same property will be required to submit a new application complying with: For Subdivisions Article III, Section 1 (minor subdivision) or Article III, Section 3 (major subdivision of the Subdivision Regulations accompanied by the necessary filing fee for the project; For Site Plan Reviews, Article 5, Section 5.040 of the Zoning Ordinance, accompanied by the necessary filing fee for the project; FOR VARIANCES, Article 10, Section 10.030 of the Zoning Ordinance, accompanied by the necessary filing fee for the project. r That is a change of ownership automatically causes a new application to be filed complying with all Articles and Sections of the Subdivision Regulations and Zoning Ordinance for application submission. Duly adopted by the following vote: Ayes:Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION: COUNCILMAN BORGOS-Stated that "duly authorized " be added to resolution with a notarized form. SUPERVISOR WALTER-I know that in some cases that a developer or an applicant will send a letter stating that the person filing is their duly authorized representative and it doesn't really say that in here. Asked Stuart Mesinger if this was what he was doing now? STUART MESINGER-Yes, if there is a representative they sign it. COUNCILMAN BORGOS-My concern is if there is change in ownership at some point or a question, such as a partnership breaking up, I think we should protect ourselves with a standard form. I am also a little concerned about the language when you are talking about the agenda, you are talking about for a specific meeting, what if for instance, somebody is ill, a weather problem and they can't get here or their car breaks down on the way, and they don't show up, this kind of says they lose their money and have to start all over again. It says if it is withdrawn from the agenda for that nights meeting and that concerns me a little, because there will be times when people will not be able to make it. SUPERVISOR WALTER-Well, I think we have to address those things, however, it has come up, if you've got some animosity on a particular item and somebody calls on the telephone saying that they are the applicant and withdraws the application you have no idea of whether that in fact is the applicant or not. That is why we are saying it has to be done in writing. I think that in as much as it is policy whether the meeting was adjourned or they couldn't make it, you would have to use discretion. COUNCILMAN MONAHAN-I think what Stephen is referring to is that the normal procedure would be to table it not to withdraw it. COUNCILMAN BORGOS-That's correct and I think that language could be in the policy statement somewhere. COUNCILMAN MONTESI-Many times in the past such as in bad weather somebody hasn't showed up and the chairman has always tabled it for some inputs as to why. RESOLUTION SETTING PUBLIC HEARING ON A LOCAL LAW EXCLUDING TRUCKS FROM GARRISON ROAD BETWEEN BAY ROAD AND GLEN STREET RESOLUTION NO.277, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded 133 by Mrs. Betty Monahan. WHEREAS, a proposed Local Law to establish a weight limit on Garrison Road has been prepared, and WHEREAS, the proposed Local Law is worthy of consideration for legislative action, NOW, THEREFORE BE IT RESOLVED, that a public hearing will be held concerning the proposed adoption of a Local Law and that said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of hlueensbury Office Building, Bay and Haviland Roads, Rueensbury, New York on the 12th day of November, 1986 at which time all persons will be heard both in favor of and opposed to said Local Law, 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, Mrs. Walter Noes: None Absent: None LOCAL LAW NUMBER, 1986 A LOCAL LAW EXCLUDING TRUCKS FROM GARRISON ROAD BETWEEN BAY ROAD AND GLEN STREET SECTION 1. No person shall operate a truck, commercial vehicle, tractor, tractor-trailer combination, and/or truck in excess of five tons upon and over that portion of the town road described as Garrison Road between Bay Road on the east and Glen Street on the west. SECTION 2. The foregoing exclusion shall not be deemed or construed to prevent the delivery or pickup of merchandise or other property along the aforesaid portion of Garrison Road. SECTION 3. A violation of this Local Law shall constitute an offense and shall be punishable by a fine of not more than $50.00 SECTION 4. Effective Date. This Local Law shall take effect immediately upon filing thereof in the office of the Secretary of State. DISCUSSION: COUNCILMAN MONTESI-Noted that the residents on Garrison Road feel that the trucks are using this street for a thoroughfare and in a fairly fast fashion. SUPERVISOR WALTER-In discussing it with the Highway Superintendent, he feels that Fort Amherst might be affected by this local law. Fort Amherst being part in the city and a little bit in the Town, and if we pass this Local Law after Public Hearing we really should let them know what we did on Garrison Road and ask them if they wish do to the same thing along Ft. Amherst, we could do the same on the portion we own. COUNCILMAN MONAHAN-Asked if we could include our part of Ft. Amherst Road also? SUPERVISOR WALTER-No, I talked to Paul about that, and he said it was too hard to post that. COUNCILMAN MONAHAN-Asked if the fine could be raised? SUPERVISOR WALTER-Stated that $50.00 would be fair. RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE TRANSPORTATION AGREEMENT AND ADDENDUM TO TRANSPORTATION AGREEMENT-GREATER GLENS FALLS TRANSIT RESOLUTION NO.278, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. 22,Y WHEREAS, the City of Glens Falls has recently submitted to the Town Board of the Town of Queensbury, for its consideration, a Transportation Agreement which provides for the delivery of regular, public service transportation to, through, and among the corporate limits and locations of the Town of Queensubry, City of Glens Falls and five adjacent municipalities, and WHEREAS, the Transportation Agreement is for a period commencing on January 1, 1987 and shall end on December 31, 1988 and provides for the initial payment by the Town of Queensbury of $14,142. towards anticipated operation and maintenance general expenses for the period January 1, 1987 through December 31, 1988, as set forth in the attached APPENDIX A. The Town of Queensbury shall thereafter pay to the City its proportionate share of the local budget in an amount not exceeding amount stated as per Article IV of the contract addendum. WHEREAS, the Town has negotiated an Addendum to the said Transportation Agreement further clarifying and specifying the town's rights and obligations under the said Transportation Agreement, which addendum provides for the creation of a City-Queensbury Transportation Committee, the specific limitation on Town of Queensbury further expenditures under the said Transportation Agreement, and the provision of a financial statement by the City of the Town of Queensbury on a semi-annual basis, the limitation on Queensbury expenditures, and WHEREAS, the Transportation Agreement as amended establishes public service transportation through the Town of Queensbury and which public service transportation will be beneficial to the people of Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to execute the aforesaid Transportation Agreements and addendum to Transportation Agreement, AND BE IT FURTHER RESOLVED, that the Town Board approve the establishment of a Transit Captital Fund. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None I Absent:None (Appendix A will be on file in Town Clerks Office) DISCUSSION SUPERVISOR WALTER-The city had a meeting with the people who are associated with the Bus system and at that time it was mentioned that they would like to have the contract for 1987 signed. COUNCILMAN MONTESI-The first thing they wanted to do before the contract was signed was to establish a capital fund this year...The second thing is although we anticipated a raise for budgetary purposes in our contribution...we were told that the same figure used last year would be used this year because of the Federal Grant. The contract signing will not cost the Town of Queensbury anymore this year that it did last year, that is somewhere around $25,000.00. SUPERVISOR WALTER-We have an amendment to the standard contract because years ago we did not want to sign the same contract that the other municipalities signed. We signed a contract that allowed us to get financial reports and other things that other committee didn't specifically indicate. This resolution is to have the Supervisor sign a contract with the City of Glens Falls. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.279, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded ..,,.J by Mr. George Kurosaka. RESOLVED, to transfer $1,500. from A3320909 to A1351450440 for election expenses. Duly adopted by the following vote: Ayes: Mr. George Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO AMEND QUEESNBURY SUBDIVISION REGULATIONS RESOLUTION NO.280, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, the Queensbury Town Board requested an amendment to the Queensbury Subdivision Regulations, and WHEREAS, the Queensbury Town Board set a public hearing on Tuesday, October 28th, 1986 at 7:30 P.M. on the proposed amendment to the Queensbury Subdivision Regulations, and WHEREAS, the Public Hearing was held at the specified time and place and all interested parties were heard on the proposed amendment to the Queensbury Subdivision Regulations, NOW THEREFORE BE IT RESOLVED, that the following amendment be added to the Queensbury Subdivision Regulations: Duly adopted by this following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ARTICLE III. PROCEDURES FOR FILING AND REVIEW OF SUBDIVISION APPLICATIONS Whenever any subdivision of land is proposed to be made which is subject to review hereunder and before any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider shall make application for and receive final approval of such proposed subdivision in accordance with the following procedures. SECTION 4. Sketch Plan for Minor Subdivision: A. Prior to any subdivision of land, the subdivider shall submit to the Clerk of the Planning Board at least twenty-one (21) days prior to a meeting of the Board ten (10) copies of a sketch plan which shall be prepared by a licensed professional engineer or licensed professional land surveyor with properly executed N.Y. State Education Department exemption. The sketch plan shall contain the elements herein defined for the purposes of preliminary discussion. 1. Names and addresses of all applicants, if an individual or partnership, and the names and addresses of principal officers of a corporation; 2. Name and address of owner(s) of land on which the subdivision is to be located; 3. Location map showing the property and all properties within 500 feet of the exterior boundaries thereof; 4. A map of a survey including a layout of the proposed subdivision prepared by a licensed professional land surveyor to a scale I" = 40' or 1" = 50' clearly showing: the subdivision boundary; topographic features including existing grade contours -- at a 2-foot interval, U.S.G.S. Datum; home lot lines; parking areas, recreation and open spaces, roads and driveways; all watercourses, lakes, ponds and wetlands; easements and rights-of-way; existing man-made features including power lines; pipelines, buildings and structures; and areas within the designated 100-year flood plain. 5. An environmental assessment describing the potential environmental impact of the proposed park on the adjoining area and the Town of Queensbury, and proposed actions to minimize potentially adverse environmental impacts; additional environmental information may be required in accordance with the provisions of the State Environmental Quality Review Act; 6.Such additional exhibits the developer may feel necessary to describe the project and its compliance with the requirements of these regulations. 7. Sketch Drainage Plan. 8. Sketch Landscape Plan. ARTICLE III. PROCEDURES FOR FILING AND REVIEW OF SUBDIVISION APPLICATIONS Whenever any subdivision of land is proposed to be made which is subject to review hereunder and before any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider shall make application for and receive final approval of such proposed subdivision in accordance with the following procedures. SECTION 4. Sketch Plan for Major Subdivision: A. Prior to any subdivision of land, the subdivider shall submit to the Clerk of the Planning Board at least twenty-one (21) days prior to a meeting of the Board ten (10) copies of a sketch plan which shall be prepared by a licensed professional engineer or licensed professional land surveyor with properly executed N.Y. State Education Department exemption. The sketch plan shall contain the elements herein defined for the purposes of preliminary discussion. 1. Names and addresses of all applicants, if an individual or partnership, and the names an addresses of principal officers of a corporation; 2. Name and address of owner(s) of land on which the subdivision is to be located; 3. Location map showing the property and all properties within 500 feet of the exterior boundaries thereof; 4. A map of a survey including a layout of the proposed subdivision prepared by a licensed professional land surveyor to a scale 1: = 40' or 1" = 50' clearly showing: the subdivision boundary; topographic features including existing grade contours at a 2 - foot interval, U.S.G.S. Datum; home lot lines; parking areas, recreation and open spaces, roads and driveways; all watercourses, lakes, ponds and wetlands; easements and rights-of-way; existing man-made features including power lines; pipelines, buildings and structures; and areas within the designated 100-year flood plain. 5. An environmental assessment describing the potential environmental impact of the proposed park on the adjoining area and the Town of Queensbury, and proposed actions to minimize potentially adverse environmental impacts; additional environmental information may be required in accordance with the provisions of the State Environmental Quality Review Act; 6. Such additional exhibits the developer may feel necessary to describe the project and its compliance with the requirements of of these regulations. 7. Sketch Drainage Plan. 8. Sketch Landscape Plan. (For over 20 lot subdivision prepared by professional landscape architect.) Change number of copies from two (2) to ten (10) as follows: Article III, Section 1 (A) Article III, Section 3 (A) and Change number of copies from five (5) to ten (10) as follows: Article III, Section 2 (B) Article III, Section 4 (B) Article III, Section 5 (B) and Insert additional language as follows: Article III, Section 2 (A) - The application shall be on a form provided by the Clerk of the Planning Board, shall be prepared by a licensed professional engineer or licensed professional land surveyor with properly executed N.Y. State Education Department exemption, and shall include the elements described in Article VI, Section 2 hereof, and the Plat shall conform to the layout shown on the sketch Plan,reflecting any recommendations made by the Planning Board. Article III, Section 4 (A) - The application shall be on a form provided by the Clerk of the Planning Board, shall be prepared by a licensed professional engineer or licensed professional land surveyor with properly executed N.Y.S. Education Department exemption, and shall include the elements described in Article VI, Section 4, hereof, and the Plat shall conform to the Preliminary Plat, as modified by the Planning Board if such Preliminary Plat was approved with modifications. Article III, Section 5 (A) - The application shall be on a form provided by the Clerk of the Planning Board, shall be prepared by a licensed professional engineer or licensed professional land surveyor with properly executed N.Y. State Education Department exemption, and shall include the elements described in Article VI, Section 4, hereof, and the Plat shall conform to the Preliminary Plat, as modified by the Planning Board if such Preliminary Plat was approved with modifications. - and Add the following language to Article III, Section 2 (A) and 4 (A): "In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board. This fee not to exceed $1,000.00 without consent of applicant. COMMUNICATIONS: -Ltrs.-on File-Janice S. Henke-regarding the closing of Luzerne Road during winter months. -Ltr-on File-Sharron Simmonds-regarding the speed limit on Tuthill Road. Mr. Stephen Borgos-commented on these letter...as he had lived up there for ten years and did drive all those roads summer and winter, and also because of being chairman of Fire Protection Service, was concerned with this. Noted that the medical concern could be met immediately if a letter was sent to West Glens Falls requesting them to contact Luzerne Fire Dept. and in the event of any kind of structure fire ask them for an automatic mutual aide response. At least have them coming from the other side of the mountain that doesn't have anywhere near the steep roads that we've got. Noted that as far as the speed goes, questioned how many people do more than 35 mph on Tuthill Road. It isn't straight for very long. SUPERVISOR WALTER-Last year we were notified by the State of New York that all the roads west of the Northway were going to be posted at 30mph on roads other than those that were accepted. Asked Mr. Naylor if the process should be started to lower the speed limit. PAUL NAYLOR-We go through the State, hopefully, we can get it done by the winter. J3*8 RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 281, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka WHEREAS, residents of Tuthill Road have approached the Town Board over the existing speed limit on Tuthill Road to be lowered to 35 miles per hour, NOW, THEREFORE BE IT RESOLVED, that the Town Clerk be authorized to send the proper form to the Department of Transportation through the Warren County D.P.W. requesting that the speed limit be lowered on Tuthill Road. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None SUPERVISOR WALTER-Asked to have a copy of this Resolution up to Fred Austin. COUNCILMAN BORGOS-Asked that a letter also be sent to the West Glens Falls Fire Department, just briefly asking them to contact Luzerne to work out an arrangement, also to work through the dispatcher at the Sheriff's Department. -Ltr.-on file - J.W. Kelly, Regional Traffic Engineer - prohibits parking on both shoulders on the south bound off ramp and the south bound on ramp. SUPERVISOR WALTER-Asked what prompted this letter? HIGHWAY SUPERINTENDENT-Noted that it was relative to traffic pulling off into McDonalds. -Ltr-to Stuart Mesinger, Town Planner, regarding approval of the Northwinds Mobile Home Court...Several minor changes have been made to the court as a result of review by the Board Consulting Engineer. Copy of The Boards decision on file. RESOLUTION SETTING PUBLIC HEARING ON ESTABLISHMENT OF A MOBILE HOME PARK RESOLUTION. NO.282, Introduced by Mr. George Kurosaka, who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, an application for Mobile Home Park has been presented to the Town Board by George and Dan Drellos to be established on Luzerne Road, East of Mandigo's Used Car Parts, noted on the Queensbury Tax Map as Section 93-2-6,7,8,9 and WHEREAS, the Town Board has received from the Queensbury Planning Board their site plan review of the proposed mobile Home Court, NOW, THEREFORE BE IT, RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the Town Board shall conduct a public hearing on said application on November 12, 1986, at 7:30 PM. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing. Duly adopted by the following vote: Ayes:Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None DISCUSSION SUPERVISOR WALTER-Noted that a zoning recommendation was also sent to the Planning Board regarding the re-zoning petition dated October 14, 1986 from residents in the Sherman Ave. area. STUART MESINGER-Presented the Town Board a map showing the split dividing line requested by the people who signed a petition asking to be zoned single family. Hallmark has submitted site plan application to put in 29 units, where people have limited care and have their own apartments. This has been tabled a couple of times as they the Planning Board do not have the proper details but does meet the site plan review criteria. The use is already established here. COUNCILMAN KUROSAKA-Stated that the idea was to contain Hallmark to its initial piece of property and keep them from building any closer to Sherman Avenue, especially in the Ramsey lot that is land locked. STUART MESINGER-Asked if the location of the building was the problem? COUNCILMAN KUROSAKA-No, the height is the problem. SUPERVISOR WALTER-Asked where the new building for Hallmark would be located on map? STUART MESINGER-Referred to a map, showing location of site and stated that it was possible to make the site work. Noted that the height of the building would have to evaluated. COUNCILMAN KUROSAKA-Stated that he didn't think it would be paltable to the neighborhood. SUPERVISOR WALTER-No action will be taken. DISCUSSION - Supervisor Walter brought it to the attention of the Town Board that two town justices and the water dept. have recently attended conferences without permission from the Town Board...noted that the board must be aware of the insurance coverages for these individuals when they are on unauthorized conferences...also noted that the Supervisor should be aware of the use of town vehicles. Referred to the necessity of the Board members being aware of the reason for the conference. Noted that the Town Board generally gives approval for the conferences they attend. COUNCILMAN MONAHAN-Noted that she would not approve anymore conferences without prior notice. RESOLUTION TO ATTEND SEMINAR RESOLUTION NO.283, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that permission is hereby granted to four people from the Water Department to attend the Adirondack Water Works, South Glens Falls D.P.W., 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: Mrs. Frances Walter Absent: None RESOLUTION TO ATTEND SEMINAR RESOLUTION NO.284, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that permission is hereby granted to the Court Clerk and Judges to attend the Court Clerk Seminar, in Ellensville, New York, October 19, through October 22, 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: Mrs. Frances Walter Absent: None RALPH VANDUSEN-made note that the request was made and the four people who went to the Adirondack Water Works Conference thought it was important enough and that they would pay their own way if not approved by Town Board. Also noted that they did not disregard the Town Board on making their decision. RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 285, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, That Audit of Bills as appears on October 28, 1986, Abstract and numbered 3184 and totaling $2,986.00. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None DISCUSSION HELD-Regarding bills submitted by Mr. Scudder and Mr. Threw in October audit which were pulled and will be re-submitted in the November 1986 audit. On motion the meeting was adjourned RESPECTFULLY SUBMITTED DARLEEN DOUGHER, TOWN CLERK