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1988-02-23 149 TOWN BOARD MEETING FEBRUARY 23, 1988 7:30 P.M. RUEENSBURY AUDITORIUM BOARD MEMBERS PRESENT MR. STEPHEN BORGOS-SUPERVISOR MR. GEORGE KUROSAKA-COUNCILMAN MRS. MARILYN POTENZA-COUNCILMAN MR. RONALD MONTESI-COUNCILMAN BOARD MEMBER ABSENT MRS. BETTY MONAHAN TOWN COUNSEL WILSON MATHIAS TOWN OFFICIALS Paul Naylor, Lee York, Rick Missita PRESS: WBZA, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI PUBLIC HEARING - 7:35 NOTICE SHOWN PROPOSED LOCAL LAW-STAY FILING Supervisor Borgos-The first order of business is the public hearing, to discuss the extension of the moratorium on residential subdivisions which is currently set to expire on the 25th, two days from today. The proposed new date allowing for all the potential SEQRA review processes or any other conceivable delays, the proposed new final date is June 30th. We have Mrs. Lee York, our Senior Planner, with us this evening should there be any major questions. Dorothy Burnham, a member of the advisory group, is also here in case there are questions I about the reason for continuing the moratorium. Essentially the advisory committee has met for many months and they feel they are very close to a final product, a good product and the big concern is that, if it is speeded up any more than what is proposed that the product won't be as good as it could be, that is the bottom line. At this point, we are open for any comment for or against...hearing none Supervisor Borgos states that he will leave hearing open....We are in the new location exclusively because of the construction activities at the Town Office building. We are all living in very close quarters, the meeting room is now being used for offices. That will continue for somewhere between 4 weeks and forever...based on what happens tomorrow. We appreciate your consideration in coming. Supervisor Borgos will continue to leave hearing open but will also have open forum. OPEN FORUM-7:40 Councilman Montesi-Stated that he attended the Association of Towns annual meeting in New York City on Presidents weekend along with Betty Monahan and Wilson Mathias. Mentioned that it was an opportunity for him to meet with 700 town supervisors and town board members. Stated that'Senator Bruno had addressed the group labeling the number one problem in New York State was the problem of solid waste, there was lively discussion with the Deputy Commissioner, Dr. Blank who took alot of abuse from town folks around the State of New York and nothing was resolved. Senator Bruno mentioned that the state should be concentrating on a source separation, recycling, some type of incineration, and lastly to continue maintaining some kind of landfills, emphasizing that those four ingredients in different proportions, in different percentages will make up what the future of New York State will be like with solid waste. Stated that there was controversy over burnt plants. Said also that we are not alone in asking for the moratorium, that there was a great deal of townships with the same needs. There was also discussion on impact fees. Supervisor Borgos-commented that the next meeting will be held on Tuesday, March 8th at the Elementary School Cafeteria, if we should have to go to March 22nd, we will announce another location and if we have to go to April, the 12th and 26th they will be held in High School Auditorium. Mentioned of the construction at the Town Office building, that it is continuing, very slowly and hoping to begin more progress tomorrow. Also stated that all offices are on the first floor and not to park in back parking lot. RESOLUTIONS 150 RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 68, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that the Town Board Minutes of February 9, 1988 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None i Absent: Mrs. Monahan .. RESOLUTION OF SUPPORT AND CONCURRENCE WITH THE CITY OF GLENS FALLS ECONOMIC DEVELOPMENT ZONE APPLICATION RESOLUTION NO. 69, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, New York State has adopted the Economic Development Zone Program to permit industrial and commercial development in selected municipalities across the State, and WHEREAS, the City of Glens Falls intends to submit through its eligibility as determined by the NYS Department of Economic Development an application for designation of an Economic Development Zone within the City and extending into the Town of Queensbury, and WHEREAS, the Town of Queensbury is committed to the development of new business within the Queensbury Industrial Park which will be included in the zone, and WHEREAS, the Town of Queensbury has been asked by the City to support and concur with the Economic Development Zone Application, NOW, THEREFORE, BE IT RESOLVED that the Queensbury Town Board in its capacity as the governing body of the Town does hereby support and concur with the City of Glens Falls Economic Development Zone Application. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Betty Monahan Supervisor Borgos-Commented that a portion of Glens Falls has been indicated as being eligible for being recognized as Economic Development Zone. The city has submitted most of its statements, South Glens Falls has also been included along with a portion of Queensbury. All of this information will be fowarded to the State and with some luck there will be some special business incentives created that should help with our industrial and technical growth. RESOLUTION TO ACCEPT BID RESOLUTION NO. 70, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, Kestner Engineers did recommend that we advertise for bids for Contract 5, for the Central Queensbury Quaker Road Sewer Dist., and j WHEREAS, six bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher, and such bids were then turned over to Kestner Engineers for their recommendation, and WHEREAS, Kestner Engineers and Town Counsel by letter has recommended that the bid be awarded to Joseph P. Wunderlich in the amount of $1,224,785.00 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Kestner Engineers as mentioned above, and be it further 11"A RESOLVED, that the financing for such project is in the 1988 budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan Supervisor Borgos-stated that this is contract 5 of a series of 7, working towards the completion of the Quaker Road Sewer District. Mentioned that he spoke with the engineers yesterday they have indicated that all sections of the Quaker Road Sewer District will be complete and operable by June of 1989 and there will be major increase in number of homes and businesses connected near end of this April. Stated that hopefully by the end of this year, late fall, early winter, will see most of the new section related to these contracts completed, which means Aviation Mall will be on the sewer system. RESOLUTION TO ACCEPT BID RESOLUTION NO. 71, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, Kestner Engineers did recommend that we advertise for bids for Contact 6, for the Central Queensbury Quaker Road Sewer Dist., and WHEREAS, five bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher, and such bids were then turned over to Kestner Engineers for their recommendation, and WHEREAS, Kestner Engineers by letter has recommended that the bid be awarded to Schultz in the amount of $1,022,568.00 NOW, THEREFORE BE IT RESOLVED, that the financing for such project is in the 1988 budget. I Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan RESOLUTION REGARDING STREET MAP RESOLUTION NO. 72, Introduced by Ronald Alontesi who moved for its adoption, seconded by George Kurosaka: WHEREAS, the Company of Jimapco has in the past prepared a valuable street map for the Town of Queensbury and WHEREAS, the Jimapco has requested permission to prepare a new map listing all roads and places of interest in the Town of Queensbury such as Town recreational sites at no cost to the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes JIMAPCO to prepare an updated street map, drawn to scale for general distribution in the Town of Queensbury at no cost to the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan Supervisor Borgos-commented that the Jimapco Company would provide the Town with 20 thousand copies of the town map to the town with no charge and their ability to do that is by selling advertisement around the edge of the map, very professionally. Also mentioned 152 that the map would be updated every year and half. RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAW ESTABLISHING SANITARY REGULATIONS AND SEWER CONNECTIONS FOR ALL SEWER DISTRICTS OPERATIVE IN THE TOWN QUEENSBURY RESOLUTION NO. 73, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka: WHEREAS, the Town Board has heretofore created the Quaker Road Sewer District, and WHEREAS, following such enactment the Town Board has been required to extend such sewer district to cover additional areas within the Town, and WHEREAS, by agreement dated December 31, 1985 the Town and the City of Glens Falls entered into an agreement permitting the Town to discharge a limited amount of waste water into the City Sewage Treatment Facility, and ..� WHEREAS, by the terms of the aforesaid agreement, the Town was required to adopt local legislation to insure compliance with all applicable Federal and State rules and regulations by users of the Sewage Treatment Facility located within the Town of Queensbury, and WHEREAS, such legislation for industrial users as been enacted through local law No. 1 of 1988, and WHEREAS, legislation for all other users within the sewer district is necessary because portions of such district will be operational within a short period of time, and WHEREAS, legislation for all sewer users has been prepared, a copy of which is annexed hereto, WHEREAS, the legislation is worthy of consideration. 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 Town of Queensbury, Warren County, New York on the 8th day of March 1988, at which time all persons interested in the subject j 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, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan PROPOSED LOCAL LAW ON FILE RESOLUTION ADOPTING NEGATIVE DECLARATION FOR PROPOSED LOCAL LAW PROVIDING FOR MORATORIUM RESOLUTION NO. 74, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, by Resolution No. 52 of 1988 the Town Board of the Town of Queensbury declared itself lead agency in purposes of SEQRA compliance in the enactment of local law Number 2 of 1988, and, WHEREAS, the proposed local law is an unlisted action, and WHEREAS, Lee York, Senior Planner has prepared a full environmental assessment form on the proposed local law which details that the proposed action will not have a significant impact on the environment, and WHEREAS, a negative declaration has been prepared after reviewing the environmental consequences of the proposed local law, and determining that such local law does not authorize any program or activity, nor does it commit the Town or its administrative bodies to follow any course of future decisions, but merely preserves the status quo on new, major residential development for a period of 126 days pending the enactment of a master plan and revised zoning and subdivision regulations, ��I? _J�� NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the annexed negative a declaration, authorizes the Supervisor to sign such determination, and be it FURTHER RESOLVED, that copies of the negative declaration be filed with the Commission of the Department of Environmental Conservation, the Region 5 Offices of the D.E.C., Department of Transportation, Department of Health, Warren County Planning Department, Lake George Park Commission, and the Adirondack Park Agency. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan RESOLUTION TO ESTABLISH AN ADVISORY COMMITTEE FOR THE QUEENSBURY SENIOR CENTER RESOLUTION NO. 75, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the new building tentatively called the Queensbury Senior Center is nearing completion, and WHEREAS, the Town Board and the Queensbury Senior Citizens, Inc. wish to form an Advisory Committee to (1) establish an administrative and procedural framework for the Center prior to its opening, and (2) to supervise the operation of the Center, once it has opened, in accordance with the purposes and guidelines approved by the Town Board, and WHEREAS, the Advisory Committee, which shall report to the Town Board, shall be limited to seven (7) members to be appointed as follows, with terms of office to be set: i President of Queensbury Senior Citizens, Inc. Vice-President of Queensbury Senior Citizens, Inc. Senior Trustee of Queensbury Senior Citizens, Inc. Town Supervisor Building and Grounds Superintendent Director of Parks andRecreation Chairperson of Town Board Senior Citizen Committee NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby creates the Queensbury Senior.Center Advisory Committee as described. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan Discussion-Councilman Montesi spoke to the Town Board in regard to the proposed resolution questioning if the Senior Citizens would have sole use or priority in use. Questioned if the composition of the Advisory Committee would eventually eliminate the usage of younger groups. Supervisor Borgos stated that the idea is not to subvert anything it is just a matter of internal workings. Every day in the building things come up and a number of people asked what is going to happen with that building, we said we did not know, so we went to the seniors who have been involved since day one, and we promised them a place to meet, to have craft activities and other things. They will be providing a considerable amount of money for furnishings and other purposes, so we said we would toss this out and if you like it, we will adopt it, if you dont like it, we can amend it, but at least here it is in a form we can work with. RESOLUTION DECLARING ZERO LOT LINE RESOLUTION NO. 769 Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. t54 WHEREAS, Edward and Thomas O'Connor, Inc., and the Department of Enviornmental Conservation have formally requested that the Town Board of the Town of Queensbury declare a zero lot line between the property of Edward and Thomas O'Connor, Inc., and the Town of Queensbury on Ridge Road, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby declares a zero lot line between the property owned by Edward and Thomas O'Connor, Inc., and the Town of Queensbury on Ridge Road. Duly adopted by the following votes: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan Supervisor Borgos-stated on background that a requirement of the Department of Environmental conservation of people doing any mining of a more of certain amount of natural material per year have a mining permit. The town has filed for a mining permit on Ridge Road and the neighboring property the O'Connor property have filed. A letter from the DEC indicates that permit will not be granted until a letter of agreement has been signed indicating that there is an agreement concerning the zero lot line. Is there any one who would like to speak on the extension of the moratorium? No questions... Declares Public Hearing is closed. PUBLIC HEARING CLOSED-8:05 RESOLUTION ENACTING LOCAL LAW NUMBER 2 OF 1988 RESOLUTION NO. 77, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka: WHEREAS, on February 9, 1988 the Town Board of the Town of Queensbury adopted a resolution to set a public hearing on a proposed local law providing for a moratorium on the filing of applications for major subdivisions and site plan reviews in excess of four dwelling units, and WHEREAS, on February 9, 1988 the Town Board declared itself lead agency with respect to compliance with Article 8 of the Environmental Conservation Law (SERRA) and WHEREAS, the Town Board has heretofor received status reports on the progress made by the Queensbury Land Use Advisory committee regarding the completion of a draft master plan and revised zoning and subdivision regulations, and WHEREAS, it appears that additional time is required to complete the documents and comply with the procedural requirements for adopting a master plan and revised implementing rules and regulations, and WHEREAS, Lee York, Senior Planner has prepared a full environmental assessment form and the Town Board has considered same and has determined that the proposed moratorium will not have a significant effect on the environment, and WHEREAS, on February 23, 1988 a public hearing on the proposed local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts Local Law Number 2 of 1988, and be it, FURTHER RESOLVED, that the Town Clerk is directed to file the said local law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and in a timely manner in order to avoid the possibility that the prior local law enacting a moratorium would lapse prior to the effective date of local law 2 of 1988. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos 1 Noes: None Absent: Mrs. Monahan LOCAL LAW NO. 2 OF 1988 LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDMSIONS AND/OR SITE PLAN REVIEW IN EXCESS OF FOUR DWELLING UNITS Section 1. Legislative Intent. This law is adopted in order to stay the application procedure for major subdivisions and site plan reviews in excess of four units under the Zoning Ordinance of the Town of Queensbury, New York, enacted May 25, 1982, as amended from time to time, the Subdivision Regulations of the Town of Queensbury, enacted July 13, 1982, as amended from time to time, and Sections 274-a and 276 of the New York Town Law, as amended. The moratorium, which voids all unlawfully filed applications and disables all persons from filing or causing to be filed such applications, is of temporary duration. The legislation is enacted in order to continue the stays of Local Law No. 3 of 1987, adopted April 29, 1987, and Local Law No. 14 of 1987, adopted October 23, 1987. The additional moratorium period is needed in order to preserve and protect the health, safety, and general welfare of the citizens of the Town of Queensbury, by allowing the Town such additional time as is needed to prepare, complete, secure approvals, hold public hearings on, and enact such land use master plan andzoning and subdivision rules and regulations as are needed to provide for the orderly growth and development of the Town. Section 2. Authority. This local law is enacted puruant to Section 10 of the Municipal Home Rule Law of the State of New York. Section 3. Prohibitions. No person shall file or cause to be filed, within 126 days after the effective date hereof, an application or applications for approval for major subdivision or site plan review in excess of four dwelling units. Any such application filed in violation of this section shall be void. No approval by operation of law shall result by the filing of an application in violation of this section. This provision shall not be waived. Section 4. Exceptions. This local law shall not apply to or affect applications for approval for Planned Uint Development, major subdivision, or site plan review in excess of four dwelling units where such completed applications have been filed with the appropriate Town Official prior to April 28, 1987. Section 5. Effective Date. This local law shall take effect on February 25, 1988. COMMUNICATIONS LTR - Fire Marshal requesting permission to attend seminar - on file RESOLUTION TO ATTEND SEMINAR RESOLUTION NO. 78, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, N.W. Bodenweiser, Fire Marshal has requested permission to attend a seminar regarding "Liability and the Code Official" at the Lake George Town Office on April 1, 1988 9a.m. - 12p.m. NOW, THEREFORE BE IT RESOLVED, that permission is hereby granted to N.W. Bodenweiser, to attend the seminar on April 1, 1988 and be it further RESOLVED, that the Town Board authorizes payment of all reasonable and necessary expenses. j Duly adopted by the following vote: I Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan LTR-North Queensbury Volunteer Fire Company newly elected officers for 1988-on file Councilman Montesi-Gave an update on the Recreation Commission meeting held on the previous evening stating some of their priorities. They would like to set forth the program on Hovey Pond, of the property they have purchased and been given. They would like to see the Board 1-56 spend between 125 to 150 thousand dollars out of the reserve capital fund on the Hovey Pond project which they feel is their number 1 priority. Their second priority being a cooperative venture between the school and the town that has been discussed between this board and the school board. Thirdly they requested 20 thousand dollars that was removed from their budget that was suggested we use a reserve fund for some finishing work at Gurney Lane, and fixing up at the Ridge Road Park. Lastly they would like to request 8 thousand dollars to refurbish a barn that is in need of some roofing repairs at the Ridge Road Park. RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 79, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that Audit of Bills as appears on Abstract February (1988) and numbered 177-180 and totaling 144,023.69 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 80, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that the Town Board hereby moves into Executive Session to discuss continuing litigation and pending litigation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos i Noes: None Absent: Mrs. Monahan On motion the meeting was adjourned. RESPECTFULLY SUBMITTED DARLEEN M. DOUGHER TOWN CLERK