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1988-06-14 234 TOWN BOARD MEETING JUNE 14. 1988 4:04 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR GEORGE KUROSAKA-COUNCILMAN MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN(entered meeting at 5:04 P.M.) BETTY MONAHAN-COUNCILMAN TOWN COUNSEL PAUL DUSEK TOWN OFFICIALS LEE YORK, DAVE HATIN, RICK MISSITA, N. W. BODENWEISER PRESS: WBZA, WWSC, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA PUBLIC HEARING-Proposed Local La*-Stay Filing NOTICE SHOWN SUPERVISOR BORGOS-Is there anyone here to speak for or against the proposal which is to extend the moratorium on residential subdivisions until July 30th. The reason behind this was to give everybody time to really polish up the final documents. It has been recommended that we do this by the Advisory Committee. Most Board members, I believe, support this. No one spoke. PUBLIC HEARING CLOSED RESOLUTION TO ADJOURN INTO QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 238, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. I RESOLVED, that the Town Board recesses from the Town Board meeting into the Queensbury IJ Board of Health. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi TOWN BOARD MOVES INTO THE QUEENSBURY BOARD OF HEALTH SUPERVISOR BORGOS-The situation before us is related to the ducks at the Eisenhart Duck Pond. This is a situation that has been pending for a long time. This has been a subject for discussion here before. We have just received results after complaints related to ducks and possible pollution in the pond. The results are from the RPI Fresh Water Institute which indicate that there is a relatively serious contamination in the pond. Reads from letter received on the 13th of June: Dear Mr. Borgos, Please find the enclosed results of the water samples taken from Eisenhart's Duck pond by Mr. Daniel Olson. These samples were collected to examine the contribution of bacterial contamination of the duck pond to the brook. Two samples, numbers 1 and 2 were collected upstream of the pond, two samples, 3 and 4 were collected _ in the pond, two samples, 5 and 6, were collected down stream of the pond. One additional sample was collected from Halfway Brook where it crosses Glen Street, which is related to another matter. If you have any questions concerning this data, contact either Mr. Olson or the Fresh Water Institute. Mr. Olson is employed by the County and he does this type of work through out the County. The report was sent on to Dr. Robert Evans, our Health Officer who has hand delivered this letter: Mr. Borgos, regarding the Eisenhart Duck Pond, after evaluating the most recent data on the strep coliform count from the pond, there is no doubt there is a serious contamination problem of the duct pond. I have discussed the case with Mr. Dan Olson, who had done the sampling from Warren County and also Mr. Dan Machell from the Department of Health. We have all agreed, that at this point, due to the serious contamination, the duck pond should be posted and that no trespassing, no feeding of the ducks, and no swimming be allowed in the duck pond. It is felt that in the long term with the decrease in the duck count that the coliform count will in turn decrease and become less of a public health nuisance. I have asked Mrs. Potenza to speak to Dr. Eisenhart, to indicate to him the findings so that he would not be surprised by anything in the news. COUNCILMAN POTENZA-Noted that she spoke with Dr. Eisenhart earlier this afternoon. Stated that he was most cooperative and he reviewed the findings of the Health Department. Stated that Dr. Eisenhart had concerns, one for example that there are two domestic ducks in the pond and if they are not fed, they would starve to death. He also requested that a sample be taken further down Halfway Brook, perhaps j to the point of Butler Pond and Halfway Brook to see if any of the natural cleansing of the water had indeed taken place in that distance. He did consent to having the signs put up. Noted that she feels that this is not a matter of choice, but a matter of need. SUPERVISOR BORGOS-I would personally recommend to the board that we follow Dr. Evans recommendations and post this immediately. RESOLUTION TO POST HEALTH HAZARD REGARDING DUCK POND RESOLUTION NO. 2, Introduced by George Kurosaka who moved for adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury has received complaints concerning ducks and possible pollution of the Eisenhart Duck Pond and WHEREAS, water samples were taken from the Eisenhart Duck Pond as well as the Brook leading to and from the pond by Mr. Daniel Olson, Investigator for Warren County and tested by the RPI Fresh Water Institute and WHEREAS, the results of the said water tests reveal relatively serious contamination in the said duck pond and WHEREAS, Dr. Robert Evans, Town of Queensbury Health Officer has advised the Town Board of the Town of Queensbury by letter to the Supervisor for the Town of Queensbury, Mr. Stephen Borgos, dated June 13, 1988, that there is a serious contamination problem of the said duck pond and that the same should be posted and that no trespassing, no feeding of the ducks and no swimming be allowed in the duck pond and WHEREAS, Dr. Robert Evans, Town of Queensbury Health Officer has advised by the said letter dated June 13, 1988 that the action recommended will cause the contamination of the duck pond to decrease and become less than a Public Health Nuisance, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Board of Health finds, based upon Dr. Evans report and the water tests performed by the RPI Fresh Water Institute, that the waters of said duck pond are contaminated and therefore a Public Nuisance exists due to the contaminated waters and numerous ducks and be it further RESOLVED, that there shall be no trespassing or swimming allowed in the said duck pond and that there should be no feeding of the ducks in or around the said duck pond and that the said duck pond shall be so posted immediately. Duly adopted by the following vote: �- Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi SUPERVISOR BORGOS-Regarding a similar situation, in the area of Garrison Road, along Halfway Brook, we have a leaking septic system. Dr. Evans has recomnended,(read from letter) that following a strep coliform count of June 7 by Mr. Dan Olson from Warren County, we had extremely high coliform counts noted. Please note the counts. I have discussed the high counts with the Department of Health, we have agreed that the stream should be posted for no swimming, no trespassing. Have recommend strongly that any septic systems in the area be attached to the new town sewer system as soon as possible to alleviate this public health nuisance. Again my 286 recommendation to you, would be that we have a motion for us to post that portion of the stream. This is the area from Garrison Road to Bay Road. COUNCILMAN MONAHAN-Concerned that it may have affected the area of the girl scout camp. SUPERVISOR BORGOS-Noted that we could ask Dan Olson to take tests in that area. COUNCILMAN POTENZA-Discussed and explained the meaning of coliform counts. SUPERVISOR BORGOS-Referred to the coliform count, the lowest count being 10,700 and the highest count is 20,600. Referred to the fecal coliform count, (near the septic system leakage), 14,300. The Streptococcus count in the area of the pond goes from, in parts per million, 1,900 of a low to 4,160. RESOLUTION TO POST HALFMAY BROOK RESOLUTION NO. 3, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury has received results of a water test of water in the Halfway Brook near Garrison Road, said water test having been performed by the RPI Fresh Water Institute and WHEREAS, the results of said water test reveal relatively serious contamination in said waters of Halfway Brook near Garrison Road and WHEREAS, Dr. Robert Evans, Town of Queensbury Health Officer has advised the Town Board of the Town of Queensbury by letter to the Supervisor for the Town of Queensbury, Mr. Stephen Borgos, dated June 13, 1988, that there is a serious contamination problem of the previously addressed duck pond waters and that the same should be posted and that no trespassing, no feeding of the ducks and no swimming should be allowed and WHEREAS, the said water tests results reveal a contamination of the Halfway Brook near Garrison Road that is similar to that of the said duck pond, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Board of Health, based upon the water tests performed ...� by the RPI Fresh Water Institute and based upon Dr. Evans said letter concerning the duck pond, finds that the waters of Halfway Brook near Garrison Road are contaminated and therefore a Public Nuisance exists and be it further RESOLVED, that there shall be no trespassing or swimming allowed in said duck pond and that said Halfway Brook at the points located near Garrison Road shall be so posted immediately. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 4, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Queensbury Board of Health is now adjourned. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION TO RECONVENE 287 RESOLUTION NO. 239, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury move into Regular Session. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr, Borgos j Noes: None Absent: Mr. Montesi TOWN BOARD MEETING RECONVENED OPEN FORUM 4:20 P.M. DR. JIM INGALS, Cleverdale-Referred to Mr, and Mrs. Robert Buruchian property, the old grange hall, which they refinished on the outside and are now living inside. They seem to have concrete evidence of property being deeded to an individual, although it lies under the surface of Lake George and in the Town of Queensbury, which it is now for sale by Ellsworth. Noted the Buruchian's concern if and how these people decide to utilize and build on this land on the bottom of the Lake. Suggests that the Town Attorney check into how and why this was possible for someone to obtain and hold a deed to property under the lake. Noted also that Mr. LaRose is taxing, assessing this. Stated that someone that is employed by the Town of Queensbury had supposedly been heard saying that he remembers when the head of Dunham Bay, which is now all docks, was the Queensbury Beach. Stated also that Queensbury should own property on the lake allowing access of Queensbury Citizens to the lake, and that he feels it would make things much better between people who live there and people who don't live there. I advised you about four years ago that you should determine what your property rights are on the lake and protect them. Requests that the Town Attorney look into whether there ever was a Queensbury Beach, what property rights may ever had belonged to Queensbury at the head of Dunhams Bay, and if they became acquired by private individuals, how did this happen. l SUPERVISOR BORGOS-I was always under the opinion that land under the lake, belongs to the State of New York and that there were no private ownership rights beyond the high water mark. I was unaware of any Town holdings road wise or beach right wise in that area. We do have a piece of land at the end of Sandy Bay, that has been there some time. So the town does own land on Lake George. COUNCILMAN MONAHAN-Recalls when she first became a board member for the Town of Queensbury that the Town sold some land to the State that became a part of Dunham Bay wet land...maybe this ties in here somewhere. SUPERVISOR BORGOS-Suggests Lee York look further into the situation. COUNCILMAN MONAHAN-Recommended to Lee York that there be some kind of mechanism with ENCON so that when people come infront of them for a permit that involves the Town of Queensbury, we could be notified of it, in case we want to have some input. OPEN FORUM CLOSED RESOLUTIONS RESOLUTION TO APPROVE MINUTES } i RESOLUTION NO. 240, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Town Board Minutes of May 10th, 16th, 20th, 24th, and 26th 1988 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 241, Introduced by Betty Monahan who moved for its adoption, seconded by George kurosaka. WHEREAS, Mr. Thomas Clausi has submitted his resignation from the Queensbury Economic Development Corporation, NOW, THEREFORE BE IT RESOLVED, that the Town Board accepts Mr. Clausi's resignation with regret and much appreciation for the time and effort put forth by Mr. Clausi. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION TO APPOINT QEDC NENKR RESOLUTION NO. 242, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, Mr. Thomas Clausi has submitted his resignation from the Queensbury Economic Development Corp., his term to expire December 31, 1988 and WHEREAS, Mr. Michael Della Bella has expressed interest in serving the QEDC, and WHEREAS, the Board of the Queensbury Economic Development Corporation has recommends the appointment of Mr. Della Bella, NOW, THEREFORE BE IT RESOLVED, to appoint Mr. Michael Della Bella to the Queensbury Economic Development Corporation, Board of Directors, with his term to expire December 31, 1988. I Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION DETERMINING FULL STANDARD WORK DAYS RESOLUTION NO. 243, Introduced Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury has determined that the positions of Town Justice are full-time positions due to the necessity of the Town Justice's routinely being available to the law enforcement agencies outside the normal working hours, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby determines that the positions of Town Justices are hereby considered to have full standard work days as per the requirements of ... the New York State Retirement System, and be it further RESOLVED, that this be retroactive to May, 1986. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION TO TRANSFER FUNDS '�'"� ` 89 RESOLUTION NO. 244, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kuroska. WHEREAS, certain departments would like to make purchases for which funds are not available, and WHEREAS, certain expenses must be met for which funds are not available, NOW, THEREFORE BE IT RESOLVED, to transfer $300 from A1151420179 to A1151420200 for the purchase of a recorder and transcriber; i $300 from A2351990440 to A0451220200 for the purchase of a recorder and transcriber; $200 from A2258020411 to A2258020473 for the purchase of Wall stackable files; $3,056.08 from A2351990440 to A2258020473 for the Master Plan consultant; $2,000 from A2158010182 to A?158010107 fof. payroll and insurance expenses; $1,000 from A2158010182 to A2158010106 for payroll and insurance expenses; $600 from A2158010182 to A2158010420 for payroll and insurance expenses. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi -- SUPERVISOR BORGOS-Noted that the League of Women Voters had previously requested that we name the transfers more fully, and hope to have them more accurately specified for the next meeting. COUNCILMAN MONAHAN-Concerned with the budget, if the town is running out of certain funds at this early stage in the year. DAVE HATIN-Noted that most of the transfers are from his department, namely the insurance and payroll expenses, and that he is balancing over the 52 weeks of the year. RESOLUTION IUITHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE ASREFJENT RESOLUTION NO. 245, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, in connection with the operation of the summer Parks and Recreation program by the Town of Queensbury, Harold Hansen, 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 Parks and 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 Parks and 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 28 to August 19, 1988, and WHEREAS, Harold Hansen has informed the Town Board that he has inspected these eight areas and has found each to be suitable and appropriate for recreational purposes, and 9 290 WHEREAS, it would serve a legitimate Town purpose to provide summer Park and Recreation programs in North Queensbury, South Queensbury, West Glens Falls, Glen 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 eight parcels of land for a period from June 28, 1988 to August 19, 1988 under the terms and conditions of the proposed lease agreement annexed hereto, and be it further i RESOLVED, that Stephen Borgos, 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 owned by Elva McDermott, owner of said premises, One Hundred Twenty-Five Dollars ($125.00) 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: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi SUPERVISOR BORGOS-Noted that these are standard arrangements that have been made for a number of years. RESOLUTION TO INCREASE RESIDENTIAL. USERS FEES RESOLUTION NO. 246, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza and George Kurosaka. WHEREAS, a previous resolution was passed by this Board directing that the fee for use of the transfer stations be increased to $2.00 per car on June 1, 1988, ! and WHEREAS, the increase in the fee for the use of the transfer stations was not effectuated until June 10, 1988, due to an inability to immediately adjust or modify the automatic gate coin and bill collectors, NOW, THEREFORE BE IT RESOLVED, that the previous resolution of this Board directing that the fee for the use of the transfer stations be increased to $2.00 per car on June 1, 1988, be amended to read that the fee for the use of the transfer stations will be increased to $2.00 per car on June 10, 1988. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi SUPERVISOR BORGOS-Noted the tremendous Landfill Closure cost which the State estimated at being between 4 and 8 million dollars. COUNCILMAN MONAHAN-Noted that this was done, to put in a capital fund account for the closure of this landfill. We are hoping this will encourage people to consolidate, and recycle their garbage as much as possible. RESOLUTION TO RETAIN-ENGINEER RESOLUTION NO. 247, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town of Queensbury is presently having an addition to the Town Office Building and Queensbury Center constructed, the same being almost complete and 291 previously authorized by the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury had previously employed the Saratoga Associates to plan, supervise and render professional services to the Town of Queensbury in connection with construction of the Town Office addition and the Queensbury Center and in connection with its relationships with the several contractors performing services for the Town of Queensbury in accordance with owner/contractor agreements, and WHEREAS, a dispute between the Saratoga Associates and the Town of Queensbury has arisen resulting in the termination of services of the Saratoga Associates, and i WHEREAS, the owner/contractor agreements executed by the Town with the various r contractors specify that an architect plan, supervise and manage the Town of Queensbury's —` relationship with contractors, and WHEREAS, there are a number of issues and alleged deficiencies concerning the construction of the Town Office addition and Queensbury Center which must be addressed, including matters relating to the services performed by the Saratoga Associates, and WHEREAS, it is necessary to employ an architect or engineer capable of performing the function and assuming the responsibilities previously assumed by the Saratoga Associates and capable of rendering general professional advise in connection with the project, and WHEREAS, the Town Office addition and Queensbury Center is nearly complete, but in the opinion of the Town Board of the Town of Queensbury, such addition can not be completed without the assistance of professional advice and WHEREAS, the Town Board of the Town of Queensbury considers it important to obtain professional advice concerning alleged deficiencies and issues relating to construction of the Town Office addition, and WHEREAS, after extensive review of this matter, the Town Board of the Town of Queensbury considers time important and that it is necessary to immediately employ an architect or engineer capable of assuming the function and responsibilities previously performed by the Saratoga Associates, and WHEREAS, Rist-Frost has indicated that it would be willing to render professional services to complete construction according to the requirements of existing owner/contractor agreements, make recommendations for resolving issues and alleged deficiencies presently existing in the Town Office addition and Queensbury Center, and render advice concerning those alleged deficiencies that are in dispute between the Town of Queensbury and the original design professionals, the Saratoga Associates, all in accordance with a contract and rider proposed and presented to the Town Board at this meeting, NOW, THEREFORE BE IT RESOLVED, that the proposed contract and rider between the Town of Queensbury and Rist-Frost is hereby approved in the form presented at this meeting, and the Town Supervisor, Mr. Stephen Borgos, is hereby authorized and directed to execute the contract and rider on behalf of the Town of Queensbury, and be it further RESOLVED, that a copy of the contract and rider as proposed at this meeting be attached to the minutes of this meeting. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi { �_ . SUPERVISOR BORGOS-Requested the Town Attorney to obtain Certificate of Insurance. RESOLUTION ADOPTING NEGATIVE DECLARATION FOR PROPOSED LOCAL LAW PROVIDING FOR MORATORIUM RESOLUTION NO. 248, Introduced Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, by Resolution No. 225 of 1988, the Town Board of the Town of Queensbury declared itself lead agency in purposed of SEQRA compliance in the enactment of 292 local law number 4 of 1988, and WHEREAS, the Town Board of the Town of Queensbury had previously declared itself lead agency in purposes of SEQRA compliance in the enactment of local law No. 2 of 1988, and WHEREAS, Lee York, Senior Planner, previously prepared full Environmental Assessment Form in connection with local law No. 2 of 1988, which law extended the moratorium originally placed in effect for the Town of Queensbury by local law No. 3 of 1987, and WHEREAS, a negative declaration for the previous local law No. 2 had been prepared after a review of the environmental consequences of the proposed local law No. 2 of 1988 and a determination that such local law did not authorize any program or activity, nor did it commit the Town or its administrative body to follow any course of future decisions, but merely preserve 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, and WHEREAS, the proposed local law would likewise not authorize any program or activity, nor does it commit the Town or its administrative bodies to follow any course or future decisions, But merely preserves the status quo on new, residential development for a period of 30 days, such 30 day period commencing on the date the moratorium previously set by local law No. 2 is to expire, pending the enactment of a master plan and revised zoning and subdivision regulations, and WHEREAS, the proposed local law is an enlisted action, and WHEREAS, there does not appear to be any environmental considerations that are different for the establishment of the present local law as opposed to the adoption of local law No. 2 of 1988, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Supervisor to sign a negative declaration made in connection with local law No. 2 of 1988, except noting thereon that the proposed local law extends the moratorium for 30 days, 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 DEC, 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, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION ENACTING LOCAL LAW MMER 4 OF 1988 RESOLUTION NO. 249, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, on May 24, 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, such resolution has the practical effect of proposing to extend a moratorium that had previously been extended and enacted by local law No. 2 of 1988, and WHEREAS, on May 24, 1988, the Town Board declared itself lead agency with respect to compliance with Article 8 of the Environmental Conservation Law, and WHEREAS, the Town Board has heretofore designated as complete the Draft Environmental Impact Statement concerning the proposed changes to zoning laws mapping, has held one public hearing on the DEIS and changes to the local laws and mapping, and is presently reviewing and considering comments made by the general public and interested parties and has had a meeting with the Queensbury Land Use Advisory Committee, and WHEREAS, it appears that additional time is required to complete the revisions of the zoning laws and mapping and comply with the procedural requirements for adopting a master plan and revised zoning ordinance, implementing rules and regulations, and WHEREAS, Lee York, Senior Planner, had previously prepared a Full Environmental Assessment Form for the enactment of local law No. 2 of 1988 and the Town Board previously considered the same and determined that the proposed moratorium by local law No. 2 would not have a significant effect on the environment, and, WHEREAS, the proposed local law is for an extension of the moratorium for a period of 30 days, and WHEREAS, the Town Board of the Town of Queensbury will rely upon the previously submitted Full Environmental Assessment Form drafted for purposes of passing local law No. 2 in the present enacting of the proposed local law extending the moratorium for 30 days since the environmental considerations made for passing local law No. 2 are the same for passing the proposed local law, and WHEREAS, on June 14, 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 No. 4 of 1988, and be it further RESOLVED, that the Town Clerk is directed to file the said local law with the NYS 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 and moratorium would lapse prior to the effective date of local law No. 4 of 1988. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent: None LOCAL LAW NO. 4 LOCAL LAW TO STAY FILING OF APPLICATIONS FOR APPROVAL OF NA" SUBDIVISIONS 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 and Local Law No. 2 of 1988 effective February 25, 1988. 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 and zoning and subdivision rules and regulations as needed to provide for orderly growth and development of the Town. Section 2. Authority. This local law is enacted pursuant 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 30 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. 294 Section 4. Exceptions. This local law shall not apply to or affect applications for approval for Planned Unit Development, major subdivision, or site plan review in excess or 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 June 30, 1988. RESOLUTION AUTHORIZING TOWN CLERK TO ACCEPT APPLICATIONS AND FILING FEES FOR BOAT REGISTRATION RESOLUTION NO. 250, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. i WHEREAS, the Lake George Park Commission requires the completion and filing of annual or short term boat registrations and the payment of a fee, and --j WHEREAS, the Lake George Park Commission has requested that the filing of the registration and payment of the accompanying fee be made to the Town Clerk of the Town of Queensbury, who will, in turn, remit the fees and application to the Lake George Park Commission, and WHEREAS, the filing of the applications for boat registrations with the Town Clerk of the Town of Queensbury would be of service to the residents of Queensbury and the Town would receive a fee of 50t per application for the acceptance and permitting of fees and applications, NOW, THEREFORE BE IT RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized by the Town Board of the Town of Queensbury to accept applications and filing fees for boat registrations on behalf of the Lake George Park Commission and forward the same to the Commission. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs, Monahan, Mr. Borgos Noes: None Absent: None SUPERVISOR BORGOS-Noted the memo from Lee York, our Senior Planner, requesting a resolution in support of the Department of State Office of Local Government. It has been requested that this be sent to our state representatives. The Governors budget cutting seeks to eliminate this office, is that correct? LEE YORK, Senior Planner-Received phone call from the Office of Local Government Services, part of the Department of State. I have used their services very frequently, among others, Town Board members, Dick Roberts, and Stewart Messinger had also used their services for information. They provide training sessions as well as educational forums at no cost to local government. They have advised me in a number of legal issues, provided information on numerous zoning issues as far as how other communities handled different zoning amendments along with information on planning issues. I would like to request that we do support them, send a resolution in support of the Vision of Local Government, and let our state officials know that we are in great support of continuation of their services to us. Otherwise we will be paying for these services. RESOLUTION OF SUPPORT RESOLUTION NO. 251, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury has learned that the Office of Local Government Services of the Department of State is being abolished and services available to local governments through that office are scheduled to terminate on September 30, 1988 due to a lack of appropriations at the state level and WHEREAS, the residents of the Town of Queensbury and its boards, offices, and employees have benefited from the services available through the Office of Local Government Services, such services including education and information on planning and zoning issues as well as other legal issues and 235 WHEREAS, Lee York, the Senior Planner, for the Town of Queensbury, has attested to the usefulness of the services offered by the Office of Local Government Services, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the abolishment of the Office of Local Government services will result in the loss of valuable services and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby encourages the Governor and Legislators to reevaluate the decision to abolish the Office of Local Government Services and take the appropriate steps to fund and continue to service of the office and be it further RESOLVED, that the Supervisor for the Town of Queensbury is hereby authorized and directed to send a copy of this resolution to Governor Cuomo, Senator Stafford and Assemblyman D'Andrea. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COMMUNICATIONS LTR-Highway Dept.-on file Petition-Tuthill Road-on file Discussion-Stated that the present speed limit was 55 MPH. RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 252, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, residents of Tuthill Road have approached the Town Board over the existing speed limit on Tuthill Road to be lowered, 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, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None BID OPENING42 Fuel Oil RESOLUTION TO ACCEPT BID RESOLUTION NO. 253, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury did request that we advertise for bids for fuel oil, and WHEREAS, two bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher, and WHEREAS, two bids were turned over to Mr. Pete Brault, Building and Grounds Supt. for his recommendation, and WHEREAS, Mr. Brault gave his recommendation as follows: Mabb Oil Company 296 P.O. Box 63 Hudson Falls, N.Y. 12839 Water Dept. .6339 Maintenance Building .6339 Pine View Cemetery .6439 Town Office Building .6339 Water Department ,6289 Filtration Plant .6289 Court-Highway Building .6042 (trailer delivery) .6289 Queensbury /G.F. Landfill .819 .999 Activity Center .6339 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 1988 Town Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None REPORTS Bldg. & Codes-May Monthly report-on file Town Clerk-May Monthly report-on file COUNCILMAN MONTES I-Referred to Sewer Committee Meeting yesterday. Stated that there are now maps done with routing of the extension of the sewer district up Route 9 from McDonalds to Kendrick Road and up Bay Road from Cronin Road to the Town Hall, including the property across the street, which I believe is scheduled for a 70 unit apartment complex. The sewer district Central District, included the mall, both sides of Aviation Road, but did not include a small subdivision, Greenway North, June Drive, etc.. I would like the authority to send a letter addressing the residents with a self addressed envelope and ask for a 15-20 day return, to either do the routing necessary and the mapping, or say okay, we have received another indication, they have no need. SUPERVISOR BORGOS-Authority granted. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 254, Introduced by Ronald Montesi who moved for adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss litigation and personal matters. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPROVE AUDIT Lj RESOLUTION NO. 255, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that Audit of Bills as appears on Abstract June (1988) and numbered 1070-1419 and totaling 495,781.07 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None No action was taken, on motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK F TOWN OF QUEENSBURY