1990-01-02 ORG 3
ORGANIZATIONAL MEETING
JANUARY 2, 1990
4:00 p.m.
MEMBERS PRESENT
SUPERVISOR STEPHEN BORGOS
COUNCILMAN GEORGETKUROSAKA
-- COUNCILMAN MARILYN POTENZA
COUNCILMAN RONALD MONTESI
COUNCILMAN BETTY MONAHAN
TOWN OFFICIALS
Lee York, Harry Hansen, Rick Missita, Kathleen Kathe, Robert Eddy,
PRESS
G.F. Post Star, WWSC, Channel 8
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS
WEST MOUNTAIN VILLAGE PUD
Supervisor Borgos-Called meeting to order. I spoke earlier with our Town Attorney relating
to a number of concerns that I had after reviewing the many documents this weekend. We
had about 130-150 pages of new documents which would include the Finding Statement,
Development Agreement and the proposed resolution forming the PUD. Based on the discussion
with the Attorney he recommended that we call for an Executive Session at the beginning
of this meeting so that Town Board members could discuss with him as our legal council in
an attorney/client relationship a number of our concerns and receive an explanation from him
of the reasons why he included certain language in certain places of the propose agreement.
This is something we have not done I don't believe at all before, this is one of the options
-- available under the open meeting regulations. One of the reasons to go to executive session
kk� is the attorney/client privilege although it's not listed on your special list that's all you may
6 carry, we do have the citations for you if you should want them. At this time I request that
'— the Town .Board introduce a resolution to meet with our attorney on an attorney/client privilege
basis.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 1, 19909Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury hereby moves into Executive Session
to discuss, West Mountain PUD under attorney/client relationship.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSEN`I':None
Supervisor Borgos-Please, don't anyone misconstrue this as being a negative for the project
or anything else. This i5 just so we will hopefully get a better understanding of what's happening
and why.
RESOLUTION TO RECONVENE
RESOLUTION NO. 2, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury hereby moves back into Regular Session.
Dnl,y adopted this 2nd day of January, 1990, by the following vote:
A Y RS: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT:None
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DISCUSSION HELD
(Tape went bad)
Supervisor Borgos-Your saying maybe there is only 10 acres out of 120, instead of 10 out of
20?
Mrs. York-Right. It depends on what size parcel your getting, what the amount of the impacts
are ,you know, and at what point in time. Those are wetlands and are on usable property and
how much of that impacts the Town as far as recreational use goes.
Attorney Persico-There are 120 acres there so there is enough. We could agree to transfer
portions of that front 120 acres there not involved with wetlands at your discretion.
Supervisor Borgos-I think it would be nice to have the pond and stream.
Councilman Monahan-We may want some of that.
Attorney Persico-That's what I mean, but it's your choice. We can leave it to your choice
to take it with or without portions of the wetland there is enough there to do that.
Councilman Monahan-We also in here have not specified how much land we're talking about.
We've had a lot of different figures that have been kicked around the Town.
Supervisor Borgos-It is missing, I didn't see it.
Councilman Potenza-Do you have any documentation that you could submit to us for evaluation?
Councilman Montesi-If you base that purely on the formulation, oh.
Attorney misek-My understanding is that the mapping for the development is where the
recreation parcel is shown am I correct?
Councilman Monahan-We haven't seen that. -
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Supervisor Borgos-There is no size stated there. I
Mike Brandt-In our discussions with the Recreation Department we said that, we're willing
to have them walk it, look at it, and define exactly what they want. We really aren't too concern
and discussions at that point were I think 5 and 6 acres. But, we've also said we're willing
to give more than that.
Joe Krzys-I think if you look at the recreation some land is given there is a formula that is
based on 100 units of housing and the size it. . .I think it came out to be 5.9 acres that we were
required to get.
Councilman Monahan-Joe, I realize that. Mike has offered more and I think he's offered more
bemuse of the type of land, the location of it, and the fact that it's in the A.P.A. we may
have some constraints on it. I want to make sure that we have some idea of what we're talking
about. Frankly, 5 to 6 acres is never anything that I considered particularly after being up
there with Mike and having him point out some things to me. So I would like some idea on
the acreage we're talking about. Mike, also talked about having a riding stable perhaps on
some of that land that was involved I'm not quite sure we've got a lot of things that are kind
of up in the air here.
Mike Brandt-We're just talking on how to resolve this. Would it make you feel better if we
jest said 20 acres and leave it pretty much to the decision with your recreation people to work
with us to choose the 20 acres?
Supervisor Borgos-Mr. Hansen, our Director of Parks and Recreation.
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Mr. Hansen-Okay. As you know we have looked at this parcel and the Recreation Commission
has walked the parcel or at least a majority of them and some of the Town Board members
have also walked it. The acreage in question has a pond on it which we thought would be very
apropos to the type of facility we wanted to put up there. The stream will cross a pathway
which will riot effect us if that's where the wetland is, I'm sure it is. If we can get the
Commission's recommendation to the Town Board in December with that we tried to get as
much as we could from Mr. Brandt and West Mountain without holding them over the coals.
councilman Montesi-More specifically take the land instead of the dollars.
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Mr. Hansen-Exactly. In otherwords, their recommendation is that the parcel for a passive
recreation site to include cross country skiing, nature trails, some picnicking, hiking, were
all the things that we wanted to have in that type of a facility that would go along with the
West Mountain project.
Supervisor Borgos-Your saying the offer has just been made, I believe it was offered 20 acres?
Mike Brandt-Sure.
Mr. Hansen-22.5?
JSui on
your your knowledge?
Mr. Hansen-As it was pointed out based on the formula with the subdivision. . .
Supervisor Borgos-So your willing to take more that's what I'm saying?
Councilman Monahan-Don't forget that's buildable land that's based on too. That formula is
based on buildable land.
Mr. Ilansen-If you give us 20 acres we're only entitled to something less than that I would take
the 20 acres.
Councilman Monahan-Mike, what do you think the acres of the pond is?
Mr. Brandt'That pond is probably a 1/4 of a acre it's very small.
Councilman Monahan- I have no idea of that lake.
Supervisor Borgos-Between the attorney's and I have to look in both directions here how should
we identify this 20 acres with the purpose of the contract?
Attorney Persico-It's 20 acres to be located on the 120 acres which is a tax map number.
Supervisor Borgos-Is that acceptable with our attorney?
Attorney Persico-If you wanted to define it more specifically where it would be on there, I
think. . it would at least 20 acres that would include water-bodies, but not wetlands if you
want it on there.
Supervisor Borgos-Your saying any 20 acres from that parcel?
Attorney Persico-That will accommodate anything that's on it.
Supervisor Borgos-To be selected by the Town Board or by the Recreation Commission whom
should have that?
Mr. Hansen-It should also front the center road so we would have access.
Supervisor Borgos-If you select it you'll have to. . .
Mr. Ilansen-If you want to leave it to the commission.
Supervisor Borgos-Do you want to leave it to the Recreation or the Town Board.
Councilman Potenza-Well I think it should be the recommendation of the Recreation
Commission.
Councilman Monahan-Well I think they could recommend it and we can approve it.
r Supervisor Borgos-To be selected by the Town Board on the basis of the recommendation from
the Recreation Commission.
Councilman Monahan-Lee, will the A.P.A. put any constraints on this agreements that the
,type of use we might mentioned is because of the fact that it was a lot better zoning?
Mr. Ilansen-I've been in contact with the A.P.A. and I gave Lee some of the information she's
followed up with maps. Right now based on the wetlands being the only thing that might hold
it back a little bit in terms of what we plan on doing hiking, nature trails, as long as it's not
a football field or a golf course.
Councilman Monahan-I don't think any of us want that.
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Mr. Iiansen-No, I know we don't at least the commission and the department does not. They
have no problems with any development of that type tip there.
Supervisor Borgos-It's still unofficial.
Mr. Hansen-That's still unofficial, but we have to fill out all the forms which will take some
time to do. But, their indication by phone, when I spoke with them two weeks ago was that
there was no problem.
Unknown-They love that kind of project.
Councilman Montesi-Now we have to solve excuse me Ron, but now we also have to solve the
problem granted to the Town of Queensbury. . .where your taking land in the Town of Luzerne
tax wise and so on and so forth.
Attorney Dusek-I've asked Attorney Dave Krogmann, I don't know if he is here or not.
Supervisor Borgos-He is.
Attorney Dusek-Last week I spoke with him and I believe he is going to speak to his Town Board
relative to this very issue. I would turn it over to him to answer that whether or not their
going to give it to us tax free or not.
Supervisor Borgos-Can you go to the microphone please.
Attorney Krogmann-For the record my name is David Krogmann, Town Attorney for the Town
of Lake Luzerne. I did speak with the Town Board of Lake Luzerne at their end of the year
meeting Friday of last week. At that time we had one other issue that needed resolution that
was the water. The decision of the Town Board is to gladly exempt that property from taxation
assuming that we were in agreement between the two Towns of all other terms of provisions
of the Development Agreement.
Supervisor Borgos-I noticed that for the first time as I read through the agreement that's one
of the things we're going to have to address this evening I'm sure.
Attorney Krogmann-The water?
Supervisor Borgos-The water provision. There is some language there that probably could
be acceptable with a couple little twists, but we have to talk about it.
Attorney Krogmann-So the answer is yes, it will be exempt if we have agreement on all other
issues.
Councilman Monahan-Dave, is the Town of Luzerne also taking land for a park from this
Developer?
Attorney Krogmann-That's going to be discussed between the town and the developer probably
at a meeting next week and we're going to discuss that.
Councilman Monahan-Do you think you would take land adjacent to what we take or what we
charge on the site or can't you comment on that?
Attorney Krogmann-That hasn't been discussed.
Councilman Montesi-Dave would you feel more comfortable at that table with Paul?
Attorney Krogmann-Sure.
Supervisor Borgos-I was just going to say that your certainly welcome there is a microphone
nearby. Have we adequately addressed the concerns now Betty related to the size of the
acreage, who's going to decide it. I believe I'll refer again to Mrs. York and Mr. Hatin to see
if they have any further questions. j
Mr. Hansen-Mr. Hansen.
Councilman Monahan-I'm sorry.
Mrs. Potenza-They look a lot alike.
Mr. Hansen-That hurt.
Councilman Montesi-Steve, the only other issue here is I guess is some . . . or some written
doctiments what I think you were asking was Harry, could we not specifically limit it to 12
cars, could we not specifically limit it to walking trails. The correct wording would actually
be passive recreational although cross country skiing is not considered passive.
Mr. llansen-I just don't want to limit ourselves and I think we are aware of Mike's concerns
of the mountain and, of course, the Towns concerns of overuse of the park. We don't want
to put in a 100 car parking lot, but 12 maybe a little to small. I was thinking in the neighborhood
of 20 not that they are going to be used. You know 20 is not very big it's going to be a linear
park right along Luzerne.
Councilman Montesi-Maybe there should be some general wording in there that would say,
�we are going to include a parking lot.
Supervisor Borgos-flow about saying, this may be developed by the Town which includes it
limited to 12 cars or less.
Mr. Ilansen-Suppose we find that picnicking isn't conducive to that parcel when we start to
develop it so we've limited ourselves and we have to put picnicking in and on the other side
we haven't put in cross county ski trails. I think that they might. . .
Councilman Monahan-What about snow shoeing. I just thought of snow shoeing because I went
out on snow shoes yesterday.
Mr. llansen-See.
Supervisor Borgos-Let's check with our Attorney. What language should we put in that would
be all inclusive yet not permit some big things?.
Attorney Dusek-I think the first thing I'd just like to draw to the Board's attention is that the
way it's written right now it would not necessarily mean you would have to put in picnicking
or fishing facilities or anything. It just says, that the land may be developed and facilities
may be developed by the Town which include, in otherwords it's just identifying some of the
types of facilities you can include.
Mr. Ilansen-Then put all of them or put none of them.
Attorney Dusek-It's up to what the developer will agree to at this point.
Attorney Persico-We would definitely go with the 20 cars.
Mr. Ilansen-That's the limit I think that we would be thinking about, but I don't think we ought
to limit it. I think between the mountain and the department of the Town we can work those
out it doesn't have to specify in an argument like that.
Supervisor Borgos-Well we here today may agree with that, but five or ten from years now
we may not all be here it would be better to nail it down. I know my concern for the size of
the parking area is that the road can't take the traffic that's why we originally didn't want
that as an entrance. If we have a lot for 200 cars. . .
Air. Iiansen-I think the type of activities that your doing up there is not conducive to a, car
load going up like to Gurney Lane, where a car load might have six people it may only be a
car with two individuals in there so 20 would be the maximum that I would hope to get.
Supervisor Borgos-Is that agreeable just change the 12 to 20? Where else do you want to change
it may include, but not limited to.
Councilman Montesi-Cross country skiing is probably one you would want to include.
Councilman Monahan-I think it should read include, but not limited to.
Supervisor Borgos-Walking trails, picnicking, and fishing, but it can be other things. Let me
asked the developer is there anything specifically that you want to exclude?
Councilman Kurosaka-You don't want to have snowmobiles.
Councilman Monahan-I think we can say, no motorized vehicles except for maintenance by
the Maintenance Department.
Mr. Brandt-No motorized vehicles.
Attorney Persico-Any outdoor recreation use with the exception of the use of motorized
equipment other than for. . . and emergency situations.
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Supervisor Borgos-Somebody said you probably don't want a No motorized vehicles and
no. . . Can we leave this up to the attorneys to finalize.
Councilman Potenza-I think you should identify what you want and what you don't want. I
think it would be smarter to put passive recreation.
Councilman Kurosaka-So do I.
Councilman Monahan-Six sentences from the bottom the word "Towns" do you want that with
an "s" or do you want that with one "s"? That's why I asked Dave if Luzerne was going to doing
anything adjacent.
Attorney Dusek-I think the clause was originally drafted with the idea it would affect both
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Towns because both Towns were taking land from the developer that's why it's plural. Or you
still going to go along with this?
Attorney Krogmann-This is fine with the way that's it's written.
Supervisor Borgos-The 20 acres we're talking about will be deeded to the Town of Queensbury.
Additional lands perhaps be deeded to Luzerne and perhaps we would have a joint effort at
some point.
Councilman Montesi-Paul, at what specific date do you wish the Recreation Commission to
nail down the boundaries?
Attorney Dusek-I think it's up to the Board.
Councilman Montesi-What I'm getting at is that it would appear to me that's something we
ought to nail down fairly quickly because if Luzerne is at all considering something in the same
area adjacent to it somebody ought to know where the line is and what 20 acres we're talking
about.
Attorney Dusek-From the Town's prospective I would think the latest possible date which this
should be complied with is the first site plan approval that they receive from the Planning
Board that would be the latest date.
Councilman Montesi-Just so there is a flag in there that says this is what we have to do.
Attorney Dusek-Dick would that be in agreement with you and your client that the dedication
and identification of the line of the land would occur prior to the first site plan approval given
by the Planning Board.
Councilman Montesi-Okay. That will force us to make a decision too with the developer and
the Recreation Commission.
Councilman Monahan-We'll just assume that you'll go to the Statement and SEQRA Findings
to make those same changes in that document Paul if I was going through it right now?
Attorney Dusek-Well depending upon where we go today the thought that I had was that if
it's possible after the Board gets through reviewing this agreement if everbody's in agreement
we could just simply itemized the modifications to the agreement in the record then the Board
would be in a position to continue with the review and voting procedures if that was the choice.
Councilman Monahan-Do you want us to go right now to Page 15 of the Findings and fix this
section?
Attorney Dusek-No. I could do that for you at that sametime assuming these are going to
be all the same changes unless you feel something different would go in another document.
Supervisor Borgos-Okay, does that take care of our concerns about recreation?
C'mincilman Montesi-Harry, look what we did for you the first of the year we went from 5
acres to 20.
Mr. Ilansen-I could have had 22.5.
Supervisor Borgos-Thank you folks. Your welcome to leave unless. . .
Mrs. York-Mr. Naylor asked me to address a point for him.
Supervisor Borgos-While your here why don't you address it. I've received a note frdm him
also, we're taking these a little bit out of order so some people can go home. It's Page 7, your
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tniking about.
Mrs. York-Yes. It discusses internal ability.
Supervisor Borgos-It's Page 6 of the agreement.
Mrs. York-It talks about, it will also provide the resolution enacting the zoning a provision
providing that it will not be necessary for every principal building to be built upon a lot which
has frontage on a public street, okay that is part of our Zoning Ordinance now, and thereby
allow the use of private roads within the development and the Developer for complying with
rthis section of the Zoning Ordinance. It is agreed that the Developer will indicate and identify
all private roads.
Councilman Monahan-Lee, do you want the agreement?
Mrs. York-Yeah could I have that, thank you. At any rate on internal roads it has private roads
need not be constructed to Town specifications, but the Developer acknowledges that failure
to do so may result in the Town's refusal to accept the same. When I started Mr. Naylor and
1, discussed this very issue and unfortunately what usually happens is down the road the Town
does take those roads the Homeowners Association gets tired of maintaining them. Realizing
that this was becoming a frequent occurrence or more frequent than you like to see Ordinance
and Subdivision Regulations reflected that all roads whether they be private or public in the
Town had to be constructed to Town standards so that in the future if we were to take the
roads at least they would be up to our standards.
Councilman Kurosaka-We don't have to accept them if they are not up to our standards.
Mrs. York-In goes on to talk about in certain places that the Developer would like at the time
of site plan and review to waive some of the road specification requirements or get variances
from them. The Developer can only vary through use of the Zoning Board of Appeals the Zoning
L,aw. The Planning Board can give waivers on the subdivision regulations so I want the Developer
to be aware should he come in with a site plan he would be forced to go to the Zoning Board
of Appeals to vary the highway standards if he should want to do that. If it came in with a
subdivision which is a change in ownership of the property then in those roadways he would
ask for a wavier from the Planning Board, but they are used interchangeable in this document.
I think you should be aware of those that they're are constraints as far as the Zoning Board
of Appeals Regulations go of prove that is necessary and you should be aware of that so you
may want to change that language. Also, Mr. Naylor would like something in there that says
that any waivers or variances would be subject to his approval or the Highway Superintendents
approval because of the fact that he is only the one that knows the circumference that it should
be for his trucks, and what they can get around, and what they have to have.
Councilman Kurosaka-I don't think it's going to be a major problem.
Mrs. York-The thing is if down the road George the Homeowners Association gets tired of
maintaining them and petitions the Town Board to take the road.
Councilman Kurosaka-We can't take them unless they met the Town standards.
Mrs. York-But, it has happened in the past.
Attorney Dusek-I want to bring one thing to the Boards attention and that is this clause on
internal roads is repeated in the PUD Legislation. In effect what would happen is not a necessity
to go to the Zoning Board of Appeals, but when the Board enacts the PUD Legislation your
also amending the Ordinance with regard to this particular project so they would be free to
build their roads in this case to their own specifications and they would not have to get
exemptions from the Zoning Ordinance that's the way this is now structured.
Supervisor Borgos-Mr. Naylor by memo to me, I guess over the telephone has indicated that
he wants variances or waivers or anything we do should only be at the approval of the Highway
Superintendent. Ile emphatically says all streets public or private should be to our standards.
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Attorney Dusek-There would not and there would be nothing requiring them to do that.
Supervisor Borgos-What I'm saying he apparently has marked up a copy of this.
Councilman Montesi-One of the single biggest problems is that a guy can build with less gravel,
with less binder coat, less finished coat and he can easily bring it to standard by adding them
period. But, if the road isn't 55 feet wide or 50 your done.
Councilman Kurosaka-You can't take it anyway.
to
Supervisor Borgos-You mean the right-of-way. The road. . .can be very narrow, but the
right-of-way.
Councilman Montesi-That's the biggest single problem with accepting the dedication of a road.
Councilman Kurosaka-They can't force the Town to take it.
Councilman Monahan-I have another question.
Supervisor Borgos-Let's clear them up one at a time because I'm hoping this maybe our last -
night. l
Councilman Monahan-It goes right with it.
Councilman Kurosaka-1 don't think we have a problem we've got a private road.
Councilman Monahan-When we talk about private roads being done to the Developer standards
the Town has a certain, I'm not going to use the right legal terminology, but a certain pitch
that they can be at a grade. Does this mean the Developer can ignore that grade and make
those roads as steep as he wanted to without the loops around and so on and so forth.
Supervisor Borgos-Our Attorney says, yes.
Attorney Dusek-According to the way this is written.
Councilman Monahan-I have a problem with that I'll tell it could cause a lot of damage.
Mr. Krzys-I think we got to go back a little bit as to why all of this is in there. We had many
discussions here about trying to keep the appearance of the project rural and if we built all
the roads to Town specs through the woods it would take the rural feeling away from the
development and what we want to do is keep that feeling. What I think we basically agreed
on through the findings and all of the discussions that we had is that we be allowed to do this.
I think it's not our intent to build roads that are a grade of 8, 10 12% or whatever which aren't
really good roads. I think the question is, how do we build roads that maybe do not meet Town
standards through width which is primarily what we're talking about in order to keep this rural -
feeling and still have roads that are safe that are passable by two cars and all that.
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Councilman Potenza-Isn't it feasible to have a road that is wide enough to be acceptable to
the Town and yet still be a private road so that if in the event god forbid they are dedicated
to the Town that land would be there. Do you understand what I'm saying, so that the Town
could indeed go in and put the road to standard even if you at one point want to use a gravel
bed road and you wanted it treed out to the road isn't it possible that the land on either side
of the roads could indeed be. . .
Councilman Monahan-Be saved to the right-of-way.
Councilman Potenza-Yes.
Coumcilman Montesi-Except there are some issues that you have to think about when that
happens. For instance, if 50 feet is the right-of-way and let's assume that in order to maintain
the rural character on a private road the most that West Mountain is going to pave sets at
1.5 feet wide it's going to be a lane. If you grant them 50 feet right-of-way then you have to
say; okay god forbid someday this has to be a Town road then what is the setbacks from a 50
foot right-of-way? Your going to have some houses way back from a paved 15 foot road
architecturally it's not going to be able to fit to well.
Mrs. York-Maybe you could have it just meet the approval of the Highway Superintendent.
Councilman Kurosaka-But, then your talking a 50 foot road and all this other stuff how do
we do what. I don't think you want it.
Councilman Monahan-I don't particularly want it paved, but I think the land has to be saved
so in case the day ever comes you have to deed that right-of-way.
Councilman Kurosaka-If they want to take the road over they got to give us enough from the
50 foot. We're under no obligation to take the road we don't have to take it.
Councilman Potenza-You can say that in 1990 when a Homeowners Association come screaming
to the 'Ibwn that they want us to take the road and it may or may not happen.
Councilman Kurosaka-You can't by State Law take anything under 15 feet wide. They got
to give you the 50 feet or you have no obligation to take the road that's what I'm telling you.
Mr. Krzys-We have another development and this isn't the issue here because all the roads
are private roads. We tried to give them to Town and have been trying to give them to the
Town now for 15 years and the Town says, no we don't want them there not to Town specs,
and that's the end of it and the homeowners can't do anything about it.
Supervisor Borgos-Let's see what our Attorney says.
Councilman Kurosaka-I don't care what state your working for you can't force the Town to
take the road over.
Attorney Dusek-Councilman Kurosaka is referring to a section of the Highway Law which
does require that roads be, actually the terminology is 3 rods, which turns out to be 49" feet,
but it's 50 feet generally everybody refers to it and if their not they can't make the Town Board
accept them. That's the current state of the law at this point.
Councilman Montesi-We've resolved that issue. The issue that we can't resolve at this point
or maybe it's not resolvable yet is, do we supersede as a Town Board Paul's concern that any
variance from a acceptable highway or dedicated highway at his review. flow do we address
that issue?
Attorney Dusek-I don't know if the developer is interested in compromising to the extent that
you get the width that you wanted, but you'll meet all other specifications is this possible?
Councilman Montesi-Maybe that isn't what Paul wants he just wants the right of approval.
Councilman Kurosaka-Then your. . .the Town specs again.
Attorney Dusek-Just to some extent I think it takes care of some of Paul's concerns though.
Councilman Monahan-The other concern, of course, is making sure that emergency vehicles
can get through all these private roads.
Supervisor Borgos-That's my concern which I'll address again later, but we have to have two-way
traffic because if a fire truck goes in and ambulance goes in then maybe the ambulance has
to go back out it's got to be wide enough for two-way traffic.
Councilman Monahan-Wide enough for somebody to break down and get around them.
Supervisor Borgos-Correct. That happens almost every time.
Councilman Montesi-Mike, are you in any form of a planning stage that you have a feel or
idea of how wide your looking at these roads.
Mr. Brandt-Let me tell you what we think the problems are. . .concerned about the width of
the pavement, how deep the base is and how our roads are built or the pitch of the road we
expect to meet standards on that. Where we see problems in mountainous terrains are radius
of turns. Arbitrarily the Town would take 120 foot radius of a turn that was fine. . .flat, but
it doesn't work on a mountain side. The other thing if you talk to most Highway Superintendents
I'm not talking about any particular one, but if 50 foot is nice they probably would like to have
a 100 feet and then they'll want the whole damn thing cleared so that when the plow goes through
the snow can go but, the problem is when he starts clearing it's a basic safety aspect. Further
away from the trees from the road line the less fatalities you have so it's best not to have
trees removed it destroys the mountains character. What we like to do is have roads of a pitch
that according to your law that can vary in radius on turns from what your law is and that
the right-of-way we don't want to clear a 50 foot right-of-way because it just destroys the
whole project so I don't know what to do there. If later the Homeowners Association wants
to dedicate the road just say no.
Supervisor Borgos-Would you agree as a compromise, I'm just thinking as we're listening here
to follow Town specifications for all roads private or public with the exception that private
road need not follow specification related to removing trees along half the shoulder of the
road or something of that language. In otherwords your saying you will go with the base, you'll
go with the pitch, the steepness of the road the only thing you don't want to do is cut the excess
trees.
Mrs. York-Could it be possible that they could somehow guarantee in the Homeowners
Association that the project could always be maintain?
Supervisor Borgos-They've already said that, I think that private roads are private roads and
public road would have to meet Town specs including the. . . What does our Attorney think?
Your concern is that the private roads not look like highways that's really the bottom line.
We're talking Paul can we agree and they seem to be willing to agree that they'll follow Town
12
specifications with the exception of however we can change the language on the private roads
not having to clear the extra that we normally would clear on the public roads.
Councilman Monahan-I don't even think they need to put the asphalt as wide as we do on a
normal road.
Councilman Potenza-I don't know why they have to use asphalt.
Councilman Monahan-Well whatever.
Supervisor Borgos-We need a paved surface just for emergency vehicles.
Councilman Monahan-Iiow wide does the pavement have to be to be put down do you know?
Supervisor Borgos-Either 20 or 22.
Councilman Montesi-24.
Councilman Monahan-I don't think we have to go quite that wide
Supervisor Borgos-Maybe 20 feet that would be reasonable.
Mr. Brandt-. . .Luzerne's Attorney and make sure there is another issue that can be handled
before he gets away.
Mr. Krogmann-That issue is not going to be handled in time for me to make my meeting.
Supervisor Borgos-Is the 20 foot width acceptable to you rather than the 24 so the Board can
live with 20 rather than 24.
Mr. Brandt-I think that's fine.
Supervisor Borgos-Paul, I don't know how you construct the language but they'll follow all the
specs except that they want to be able to go 20 feet width on the pavement of private roads
rind not have to clearcut all the edges on the private roads with the right-of-way being the
wine as Town specs.
Councilman Kurosaka-I don't think you want that.
Supervisor Borgos-Just to have it in case of the future.
Councilman Kurosaka-If you put the 50 foot in there if the homeowners want us to take it
we will have to take it.
Supervisor Borgos-Wouldn't it be required by law to take it?
Attorney Dusek-You certainly would put the homeowners in a better position then.
Crmneilman Kurosaka-They can make us take the road.
Councilman Montesi-The problem with the 50 foot too is just what I'm saying; if you ask for
that then they're going to pave 20 feet from the road what is the setback 30 feet so they can
he back 30 feet. If you take 50 feet they are going to have to be back another 15.
Supervisor Borgos-You go from the center of the road so you have twenty five on each side.
Councilman Montesi-Right. Then you have to go 30 feet.
Supervisor Borgos-So you would only be 45 feet back.
Councilman Montesi-If they only pave twenty and only give the right-of-way to twenty they
can comeback 30 feet. --
Supervisor Borgos-They're probably already closer to the road anyway.
Councilman Kurosaka-If you want to keep them private don't take the right-of-way.
Councilman Montesi-Right. I don't want to take it either.
Councilman Kurosaka-Once you take the right-of-way then you may be obligated to take it.
Supervisor Borgos-flow much width do you think we should have?
13
Councilman Kurosaka-I don't think we should take anything.
Supervisor Borgos-I mean how much is it required to have?
Councilman Montesi-Pave 20 feet.
Supervisor Borgos-Just pave 20 feet and leave it as that?
Attorney Dusek-Mr. Supervisor, the only concern I would have is that one of the things that
I like about the way it was it kind of left all of the responsibility and everything on the Developer
for the road inside his subdivision. The minute the Board starts specifying specifications you
j become involved in that process and there is some inherent problems with that down the line.
Supervisor Borgos-My concern is for the safety of the people up there particularly fire,
nrnbulnnee, and police getting vehicles in there if we don't have 20 feet paved we're going
to have problems.
Councilman Kurosaka-20 feet I don't think will do anything.
Councilman Monahan-Why can't it be private roads need not be constructed to Town specification
except in the matter of pitch and whatever you want to call it materials you put together
how should I say that?
Supervisor Borgos-Road widths?
Councilman Monahan-No. I'm talking about the layers and stuff you put on the gravel and
stuff like that.
Councilman Kurosaka-Material specifications.
Councilman Monahan-Then Developer assumes the responsibility of private roads being a proper
width for safe access by emergency vehicles.
Councilman Kurosaka-Two-way traffic.
Councilman Monahan-Two-way traffic.
Councilman Kurosaka-Including emergency vehicles.
Councilman Monahan-That way we are putting the orders on him to have safe roads. We're
not telling him how much to clear so nobody can sue us and say; if you would have cleared
more I wouldn't have got in that accident.
Attorney Persico-Who's going to decide it though. Of course, what you think is safe and I think
is safe may be two different things.
Councilman Kurosaka-I think safety should be up to the fire marshal or somebody.
Mrs. York-Any Board will. . . site plan and subdivisions up there and hopefully will
use judgement.
Supervisor Borgos-I like to take some off that burden off of the back of the Planning Board.
Let's check with our Attorney, can we specify 20 feet and if it turns out that the court said,
the jury said it should be 21 feet do we have more of a problem if we leave it to them?
Attorney Dusek-I think so. I think anytime you start adding specifications your going to bear
some responsibility.
Councilman Monahan-Like if we say they will adhere to Town standards as fair as pitch because.
Councilman Potenza-Your talking about private roads.
Councilman Monahan-I know, but you have runoff problems and everything else there.
Councilman Kurosaka-That's their problem.
Councilman Montesi-And part of the planning and review process. The worse thing that the
developer wants to do is create a drainage problem on his road.
Councilman Monahan-But, Paul where's our liability going to be anyway because we're going
to have an engineer review these plans for the Planning Board and he's going to certify these
14
private roads that are okay, so then we have a liability there anyway.
Attorney Dusek-No, I don't think he's going to certify the roads.
Councilman Kurosaka-We don't have to have him to certify it.
Councilman Monahan-I'm not saying certify, he will agree to the plan as presented let me put
it that way.
Attorney Dusek-Well he will be evaluating the plan from terms of drainage runoff, he will
be examining the plan as far as traffic management. He's not going to necessarily get into
the details on road design because the Ordinance says it's up to the Developer.
Councilman Montesi-These private roads.
Attorney Dusek-Right.
Councilman Monahan-But, on the other hand I would think that at if we know and we let somebody
put an unsafe road in we have a certain amount of obligation
Councilman Potenza-Who says it's unsafe Betty.
Councilman Monahan-I'm just saying if circumstances prove it later on.
Councilman Kurosaka-How are they going to prove it.
Councilman Monahan-Get a couple lawyers and they'll approve anything.
(councilman Kurosaka-If you have an engineer design your project you won't run into that
problem. I hate the idea that all engineers are a bunch of nit wits and don't know what the
hell their doing, some of us do.
Mr. Krzys-There is another monitoring body over this and those are the homeowners. If there
is a piece of road that's unsafe and there are accidents their going to be on our case to fix
that as fast as a speeding bullet their sensitive to all that kind of stuff. -
Supervisor Borgos-What's the recommendation of our Attorney and consensus of the Board
so we can move on?
Attorney Dusek-The sense I get from the Board is that probably your biggest concern is that
emergency vehicles be able to pass.
Supervisor Borgos-And two lanes of traffic.
Attorney Dusek-Perhaps if that is just stated in there that the roads be of such a manner that
emergency vehicles can pass going each way then that's it.
Supervisor Borgos-Is this language that can be agreed upon later?
Attorney Dusek-What I just proposed would that be acceptable to the Board?
Councilman Potenza-Yeah.
(councilman Montesi-Yes that's acceptable. That takes the biggest single thing about two-way
traffic. Mike, the other question I have that does pertain to roads in a degree is that these
are a multitude of private roads with a Town, presumably a Town water district. The pipes
underneath the road I persume it will be under the road or on the side of the road.
Supervisor Borgos-The shoulders.
Councilman Montesi-The shoulders would be Town district water and perhaps Town district
sewer. That's an issue that we at least have to touch on or address or how legally. . . �I
Councilman Kurosaka-Easements.
Attorney Dusek-We could add a line in the contract simply saying they will agree to give us
the easements for that.
Councilman Montesi-It's an important consideration.
Supervisor Borgos-Let me ask everybody this. After reading these documents over the weekend
it's my hope we can get through this, this evening and come to a vote. As we're making these
15
proposed changes do you feel that we must specify all this language before voting tonight?
Do you feel that we can just list for you the changes and then leave it to you to fix and a vote
could be taken at some point? In otherwords are we working towards a vote tonight or are
we working towards something else?
Attorney Dusek-The proposal that I had in mind for the Board would be this. That this document
that you have in front of you or all documents that you have in front of you would be considered
file documents and by way of resolution we could itemize and I would be happy to dictate into
the record tonight the changes in the resolution and make them a part of it and you could listen
as I go through them. I'm making notes now and if anyone objects to any of them we can correct
them on the spot. Then what we will do is simply add the resolution as an addendum to this
agreement that way there is no mistake that everybody was in agreement exactly the way
the document should read.
Supervisor 13orgos-Okay, is there any other questions about the roads while were there.
Councilman Monahan-No, but before we leave that page I'd just like to ask Paul something.
Paul, in that first paragraph the last sentence the word "inspectors" is used is that correct
for us to use as far as the Town of Rueensbury when we have a Director of Building and Codes
that's responsible? Your up on the top of the page on Page 6, in the Development Agreement.
We're not talking about roads now I just happened to pick up this word. The last sentence,
"the general supervision of the inspectors of each of the municipal corporations involved",
is it correct for us to use the word "inspectors"?
Attorney Dusek-Legally under the Town .Law the title is Building Inspector and that's where
the word inspector came from. To make it absolutely clear we could say, the building inspectors.
Supervisor Borgos-It's in the same paragraph up above it does say building inspectors. The
previous page, the same paragraph.
Councilman Monahan-I was just wondering if we had to give the correct title as we title it.
Attorney Dusek-I think this is satisfactory, but like I say if you feel more comfortable we
can certainly put in the word building . . .
Councilman Monahan-It doesn't make any difference to me.
Councilman Kurosaka-The word inspectors is general.
Councilman Montesi-That's a good point.
Supervisor Borgos-With everyone's concurrence we will start the beginning, front page, of
this Development Agreement, I have like six or seven questions all the way through the whole
thing.
Councilman Kurosaka-Why don't we just hit the questions and get it over with.
Councilman Monahan-Steve, I think your way of doing it page by page and if each of us has
a question we can do it twice as fast.
Supervisor Borgos-I have no problem at all with Page 1.
Attorney Persico-The amendment on Page 1, the internal operation of the Developer. The
contract enumerates the West Mountain Village Inc., and the West Mountain Realty Limited
Partners, as signatories to the contract. The fact of the matter is on December 11, 1987 the
corporation transferred all it's interest in this project to the partnership.
Supervisor Borgos-I asked our Attorney a few weeks ago this question because I saw a some
things written somewhere that did not refer to West Mountain Villages.
�) Attorney Persico-So the proper contract in party is West Mountain Realty Partnership. I would
just take out the reference to the West Mountain Villages.
Supervisor Borgos-Just a legal question, does that impact at all on the previous process that
we've been through with SEQRA and all the other public notices.
Attorney Dusek-I don't think so.
Attorney Persico-It's the very same three people involved anyway. The three directors now
became the three partners. But it's the proper transfer of all the interest in it. ;
Supervisor Borgos-There is still a limited liability personally each one essentially. Is that spelled
is
out somewhere?
Attorney Persico-In the partnership. The other change would be in the first WHEREAS, the
Developer applied through it's predecessors and interest West Mountain Inc.
Supervisor Borgos-That's the connection I was looking for.
Attorney Persico-On the signatory page we would eliminate the signatures for the corporate
and it would be signed by two of the three partners. We have here and I'll hand it to you Mr.
Supervisor, a Partnership Agreement authorizing two of the three partners to sign the
agreement. I'll give this to your Attorney. 1
Supervisor Borgos-Are you saying Mr. Wellman does not plan to sign this agreement?
Mr. I(rzys-Ice's not here.
Attorney Persico-He is authorized too. . .
Supervisor Borgos-Ice's not here today, but at some point is he willing to sign this agreement?
Attorney Persico-We can have all three on there.
Supervisor Borgos-Okay. I don't care if they are on today or tomorrow. Paul do you agree
with the propose change?
Attorney Dusek-Yes. I don't think that would cause any difficulty there is no provisions under
the Ordinances that would preclude a transfer of vested interest it's very similar in fact, if
you would look at it from the prospective of the 'boning Board of Appeals granting a variance
and then somebody selling their property that is subject to that variance. These are vested
rights they travel with the land.
Supervisor Borgos-There is no problem as far as SEQRA is concerned?
Attorney Dusek-No.
Supervisor Borgos-Good. Page 1 is okay then. Page 2 is okay. Page 3, I'm trying to read my
notes that I did with a highlighter I should never do that.
Councilman Kurosaka-There seems to be a spelling error on improvements.
Supervisor Borgos-All that said was as for the Environmental Impact Statement unless otherwise
provided herein. But, I don't have to read this all over again.
Councilman Monahan-Where abouts are you referring to?
Supervisor Borgos-Number 3.
Councilman Monahan-You want some words added?
Supervisor Borgos-I'm just trying to see what I was concerned about. My concern was it talks
about those things in this agreement it didn't specify obviously all those things that are listed
in the Environmental Impact Statement. I think maybe to be more inclusive we should take
reference in accordance with those things previously presented in the Environmental Impact
Statement unless otherwise specifically provided herein.
Attorney Persico-The Developer at least wants to take action. . .performed in this agreement.
mid if the Finding Statement.
Supervisor Borgos-F.F..I.S. unless otherwise provided herein. That ties it all together.
Attorney Dusek-Where would that language go?
Supervisor Borgos-Paragraph 3, line 2, after the word agreement.
Attorney Dusek-What would it read after the word agreement?
Councilman Potenza-And the F.E.I.S.
Supervisor Borgos-hr this agreement and the F.E.LS. unless otherwise provided herein. The
same at the end of that same sentence with representation made by the Developer ;in this
agreement and the F.E.I.S.
17
Attorney Persico-Your saying the F.E.I.S. or the Findings Statement?
Supervisor Borgos-I'm more concerned with the F.E.I.S. I've found that to be much more
detailed and many representations were made and we spent hours going through those.
Attorney Persico-But, we're going to say and the F.E.I.S.
Supervisor Borgos-We're going to make reference to the F.E.I.S. placed in that one sentence.
Councilman Kurosaka-We're talking about a final form that we agree on?
_i Supervisor Borgos-Correct. A final Environmental Impact Statement as adopted as complete
on whatever date.
Councilman Kurosaka-Keep going.
Supervisor Borgos-Page 3(a) I have no problem with that,
Councilman Monahan-Paul did you get all of that?
Attorney Dusek-No, I missed something.
Councilman Monahan-Steve, Paul didn't get all of that.
Supervisor Borgos-Okay, maybe Jim Persico can help.
Attorney Persico-Okay, what is it you want to know?
Councilman Monahan-The F.E.I.S. is adopted by whatever date we adopt it by.
Attorney Persico-Accepted as complete on December.
Supervisor Borgos-The end of that sentence after the word complete we begin adding, and
the F.E.I.S. as adopted as compete on whatever date.
Attorney Dusek-Is this what goes in after the agreement?
Supervisor Borgos-It's the second word agreement at the end of that sentence.
Councilman Monahan-You don't mean where it says Schedule B, Steve?
Supervisor Borgos-At the end of the sentence.
Councilman Montesi-No. Right where you had put it Paul the second agreement.
Attorney Dusek-Right. And the F.E.I.S. then you want additional language?
Attorney Persico-Unless otherwise provided herein.
Councilman Montesi-And then adopted.
Supervisor Borgos-The word agreement appears twice in that first sentence. Why don't you
rend the whole sentence.
Attorney Persico-Can I read it to Paul?
Supervisor Borgos-Sure.
Attorney Persico-The Developer agrees to undertake actions agreed to be performed in this
agreement and the F.E.I.S. accepted as complete on September 15, 1989, and conduct all matters
relating to the project in accordance to representations made by the Developer in this agreement
and in the F.E.I.S. unless otherwise provided herein.
Supervisor Borgos-I think that makes me very happy. Everybody else satisfied?
Councilman Monahan-Yes.
Supervisor Borgos-Thank you for that. That takes care of Page 3. Page 3(a) had a lot of blank
spaces and I found out that was intentionally blank so not to be concern somebody was going
to add something. Page 4 my question was resolved there. I had a question about the last
sentence on that page. That simply states that the Developer may seek may ask for permission
for early site entry whether it be granted or not nobody knows at least you can ask for it you
is
could do it anyway.
Councilman Monahan-I got a question here.
Attorney Dusek-Dick do you have an extra copy of this by any chance a complete set to give
to our Clerk?
Councilman Monahan-Your saying that the Zoning Board doesn't come into this at all because
we're already doing this as is.
Attorney Dusek-They may come into it, but the first thing the Planning Board would do is
they would look to the Zoning Ordinance as written and they would look to this legislation. !,
If it isn't allowed under either one then they have to go for the variance. My point earlier
was is that this allowed certain things with the road so they wouldn't have to go for the variance.
Supervisor Borgos-Any other questions on Page 4?
Councilman Monahan-I'm trying to put two documents together here, just check out the bottom
of the draft Page 6, the Existing Local Law, where it says wavier for variances and design
standards.
Supervisor Borgos-Which document are you dealing with Betty?
Councilman Monahan-I'm looking at both of them at the same time because I had a questioned
going from one to the other. I just want Paul at sometime to look at that please not right
this minute.
Attorney .Dusek-I'm lost.
Councilman Monahan-It is understood that the Developer may seek permission for early site
entry to initiate work which may affect scheduling of long-lead work items such as clearing,
excavation and grading for master infrastructures, golf course, and village. I would ask you
how that impacts on the work of the Planning Board?
Councilman Montesi-For site plan review.
Councilman Monahan-For site plan review.
Attorney Dusek-All this does is indicate that they can come in and ask if they can do something.
They will have to come in and ask before the correct Board whether it's the Town Board,
Pinnning Board, most likely at that point the Planning Board. They would have to come in
entry and say, you know Planning Board we're going to come to you and we would like the
permission to come in and do something.
Councilman Monahan-Okay. We're not saying that it's understood that they have that right
to do it?
Attorney Dusek-No, just that they have the right to ask. They would have that right even
if this wasn't in here.
Councilman Monahan-Okay.
Supervisor Borgos-We're done with Page 4. Page 5, I do have a question and I think I can get
through this quickly. In discussing with our Attorney this afternoon I raised the issue what
if our road specifications are changed and I hope they will never change again, but what if
they do what if other specs change. The language here seems to exempt this project from
complying with any changes of specifications at anytime in the future. I know we had a problem
with other Planned Unit Developments. I'm concerned because of past practice that we not
exempt this development from changes in road specs pertaining particularly I guess will find
out from the public roads. In otherwords three years from now if we change Town wide our
road specs this development probably should have to comply as we enforce upon all of the
developers.
Attorney Persico-We have to live with all future changes in regulations allowed other than
those than affect our density.
Supervisor Borgos-I've read that. But, also l think you said.
Attorney Dusek-The one clause I think you have in there right now Dick, is very broad. It
s9ys that 1 (a) on Page 5 under paragraph 7 it says, any amendments to the respective town's
existing zoning ordinances shall not apply to the development of the project. While we were
discussing it when I spoke with the Supervisor I indicated I know it wasn't my thinking at that
19
tune but all our road specifications.
Attorney Persico-You want to protect density and use.
Attorney Dusek-Right. We can do it two ways; (1) we can exempt the road or (2) we can simply
say the Zoning Ordinances. . .
Attorney Persico-We can say any amendments to the respective town's existing zoning ordinances
in regard to density and use.
Attorney Dusek-That would do it.
Attorney Persico-Any other changes apply?
Supervisor Borgos-Everything else talks about density so the other changes would apply there
all set. That took care of my problems on Page 5. Page 6 we talked about that before so
that's taken care of now. Would you identify yourself please.
Judd Grey-Attorney for Corinth. I'm looking at Page 7, top of page Off-Site Traffic Impacts.
We had the same problems we had for the last 18 months. I met with the Developer earlier
today and we had the suggestion to change on Paragraph B, (1) Project Phase I, at the end of
the sentence line 3. I didn't write it down.
Attorney Persico-You would add after the word upon, new language would be expect for the
improvement in the Village of Corinth will be reviewed under the Monitoring Program established
is sub-paragraph (2) below.
Mr. Grey-The corporation was very good, but some of the schematics have gotten away. I
would like to commend the people who drafted up paragraph (3). It was the most innovated
and once you read it through about the fourth time you begin to understand it. I also have
left with the Clerk as a matter of record that large cardboard map over there which shows
the intersection of River Street, Main Street, and Route 9. I wouldn't be happy if I didn't have
a draft or picture that I couldn't make part of the record.
Supervisor Borgos-You and the Village of Corinth are happy with the addition?
Mr. Grey-With this addition.
Supervisor Borgos-Our attorney has no problems with it?
Attorney Dusek-No problem.
Supervisor Borgos-Town Board has no problem with it.
Mr. Grey-Thank you.
Supervisor Borgos-That takes care of Page 7. Page 8, I personally have no questions or problems.
Councilman Monahan-I have a question under (C). It says at the end, assumed and continued
by professional traffic engineers selected by the parties at the Project sponsor's expense.
I just wanted to know if you are referring to the parties that signed this document or referring
to the parties of TAC? I wasn't quite sure how to interpret that.
Attorney Dusek-My understanding has been we are referring to the parties of the contract.
Councilman Monahan-Can we specify that because it is a little ambiguous.
Attorney Dusek-Sure.
Supervisor Borgos-By the parties to this agreement.
Councilman Montesi-Is there a representative from Corinth on the TAC?
Mr. Grey-Yes, but a non-voting member.
Supervisor Borgos-That takes care of Page 8. Page 9 there is just one word. Paragraph (5)
the kith line from the bottom refusing I think should be refused just as a matter of grammar.
Other than that I think this contract is beautifully drafted. There is no subsequent changes
on Page 9. Page 9 (a) my questions have been cleared up.
Attorney Dusek-Could I ask if the Developer and the Board just agree to one small insert on
20
Page 9, the sixth line from the bottom the line starts commence such traffic improvements.
What. I would propose to the Developer that it read commence such hearings and legal
proceedings as may be necessary for said traffic improvements.
Mr. Krzys-I think that says that above Paul, doesn't it? I think there are two things; (1) That
we funded the hearings and things like that in the studies that are required. (2) That we funded
the improvement.
Attorney Dusek-But, this refers to the Town's obligation. I just want it clear that the Town's
obligation is only to conduct the legal proceedings necessary not to do the improvements because
the right of it indicates we may not have to. j
Supervisor Borgos-As may be necessary to complete?
Attorney Dusek-Shall undertake to commence such hearings and legal proceedings as miry
be required for said improvements. I think that is consistent with everything else we have
had in unless you disagree Dick.
Attorney Persico-I think that changes what the concept is. When we put this together I think
the front part the. . .
'Pape turned
Attorney Persico-I have a question on 9 (a) we would like to take it up on the context on a
page further on under General Guarantees and Cost.
Attorney Dusek-It's the same.
Attorney Persico-If you agree to that we would comeback and conform the change on this
page.
Councilman Kurosaka-Keep going.
Supervisor Borgos-Page 10 at the bottom just to make sure we don't have a problem later I
would like a little language added under Item (10). I'd like it to say this, the Developer agrees
that the entrance to the PUD/PDD on Luzerne Mountain Road as shown on all documents
presented in the E.I.S., not Cormus Road will be used at the restricted entrance. For the benefit
of the public we've been talking about a possible option that has appeared in the last several
weeks of perhaps using Cormus Road as the emergency entrance to this property. I'm very
concerned with the steepness. I've shared all of this with the developer the steepness of the
road, the curves and so forth the impossibility of being able to widen that road. I'm concerned
with what has been shown to the public as being the emergency access road rather than creating
something new which has not had the benefit of public hearing. Can we agree with that?
Mr. Brandt-You don't want me to say what I think.
Supervisor Borgos-I don't find it elsewhere in here.
Councilman Kurosaka-You just want to exclude Cormus Road as a possibility.
Mr. Brandt-If you can't get a fire truck up Cormus Road, fix Cormus Road what the hell it's
a Town road if it's a hazard fix it. Why do you want us to build a I mile road or 1 mile of road
and make a great big eyesore right through a nice recreation area over that my god if the
road is dangerous fix it.
Supervisor Borgos-Number one, I'm not going to say it's dangerous. Every time this went to
public hearing it always went with the road shown in the Town of Luzerne directly from the
Luzerne Mountain Road.
Mr. Brandt-But, it didn't show a recreation area right in the middle of that. A lot of things
have changed.
Supervisor Borgos-If you drive up there and I've taken a couple of extra trips up there it is
not a practical way to make that left hand turn going up the hill not only for fire trucks, but
for ambulances and police cars under a lot of conditions.
Mr. Brandt-I go up there with vehicles constantly and construction equipment your right it
is riot good the way it is it ought to be fixed.
Supervisor Borgos-But, there is not a practical way to fix it without going into the neighbors
front yard and it's a tremendous expense it's all rock.
21
Mr. 13r•andt-I bet you could by the neighbors whole house and remove it for a hell of a lot less
than what it's going to cost to build that other road. I'd say defer it and let it go to traffic
experts.
Supervisor Borgos-I'm concerned because if we start using that as a road once this project
is developed your going to be seeing that used at least by police cars probably three or four
times a day I would think. I'm concerned it's going to be an impact on the neighbors who may
be up in there as well as it being very difficult to keep maintained as far as the ice is concerned.
Councilman Montesi-I think your concern is that it wasn't shown publicly.
Supervisor Borgos-It wasn't shown publicly nobody's had a chance to come in and talk about
it.
Councilman Kurosaka-This is the first time that this has been mentioned.
Supervisor Borgos-This came up in the discussion a few weeks ago. Looking on the map it
looks good it's just when you look at it practically from driving it's a problem. The other concern
there also is the fact that this emergency road should be at least 20 feet wide again, for the
passing of vehicles in an emergency.
Attorney Persico-Suppose that the road is improved, suppose we improve it?
Supervisor Borgos-Again, it hasn't been to the public for their comment. It's a dramatic
departure from your presentation earlier it will have an impact on six or seven residences.
Councilman Monahan-Are we going to have a new public hearing on that Paul?
Attorney Persico-What your doing we might have to go back and amended the F.E.I.S. perhaps.
We would comply with SEQRA to the extent. . .
Supervisor Borgos-I would have no problem agreeing to these terms at some point then coming
back in otherwords, to get this project on it's way sometime before you build it you comeback
with that propose change.
Attorney Persico-Then we would have to amend the contract.
Supervisor Borgos-At least at that time I would have had a chance to talk to the neighbors,
I'll have had a chance to look at alternatives, study cost, and other things. I just feel
uncomfortable with it because it hasn't been out to the public and I don't like the road.
Councilman Kurosaka-If the neighbors are for it and they'll pay for it it's no problem.
Councilman Montesi-But, we don't know that.
Supervisor Borgos-I'd rather go through this now to nail this down.
Councilman Montesi-Why did this just come up?
Supervisor Borgos-This came up in a discussion about a week or so ago as an option.
Attorney Persico-If you read that language without the reference to Cormus Road the entrance
is off Luzerne Mountain Road how could it be Cormus Road?
Supervisor Borgos-Correct. My discussion with our Attorney earlier was that it was very clear
here it says, off Luzerne Road. lie said based on our discussions he would be uncomfortable
with that because it could be construe that Cormus Road is itself off Luzerne Road and therefore
leads to the property. I just want to be sure that we nail it down that it wasn't going to be
Cormus Road.
Attorney Persico-When you say it is shown in all documents.
t
Supervisor Borgos-All your documents show it in the Town of Lake Luzerne.
Attorney Persico-Not on Cormus Road?
Supervisor Borgos-Correct, so we say as shown on all the documents.
Mr. Krzys-Just leave it as that and not say Cormus Road.
Councilman Kurosaka-Don't even mention it.
22
Attorney Persico-It's not shown to be what it is in every instance.
Srpervisor Borgos-Correct, except that most recently there has been some discussion using
the alternate and I want to be sure we don't use that alternate.
Attorney Persico-If at some point in time we come in with a solution.
Supervisor Borgos-Then that would be amended to this as provided for in this agreement.
Attorney Persico-If fark some reason this emergency road access fails and we have to look
for another one we kind of precluded any consideration of Cormus Road in the future.
Councilman Potenza-Don't put Cormus Road put it as shown in all documents.
Supervisor Borgos-I can live with as shown in all documents. Mrs. Monahan is reminding me
that we want to be sure that it's a paved 25 foot wide road. It's paved 20 feet wide to permit
passing of emergency vehicles the same concern we've had within the project itself.
Attorney Dusek-Before you 'leave this I just want to make sure I've got the changes where
you want them. The Developer agrees that the entrance to the PUD/PDD on Luzerne Mountain
Road as shown in all documents presented in the F.E.I.S. Were there any other changes to
that paragraph?
Supervisor Borgos-Right at the end I think we can put after the word only, that said road will
be paved to a width of 20 feet. Instead of saying 20 feet we can say like we did with the other
ones we can say, to permit the safe passage of emergency vehicles.
Attorney Persico-Pave to the width of?
Supervisor Borg os-Satisfactory to permit safe two-way passing of emergency vehicles.
Councilman Monahan-It is necessary to say anything about the Developer will immediately
follow. . .
Supervisor Borgos-I think that's already in the E.I.S. that the Developer is going to maintain
all those private roads.
Councilman Monahan-This one was everyone they cleared right,off the. . . --
Supervisor Borgos-They'll be opened to liability with that.
Councilman Monahan-I have a question Steve.
Supervisor Borgos-On Page 11?
Councilman Monahan-Yes. I don't want to stick West Mountain for anything so don't misconstrue
what I'm saying. While they are running the pipes down there and their going to be obligated
to n certain size supposing people along that pipe kind of like we had to do on the Lake George
Load also wanted to form another sewer district is there anything in here that precludes our
up--sizing those pipes for those customers or would there be a different sewer district and that
sewer district would pay the cost West Mountain wouldn't pay the cost?
Attorney Dusek-There is nothing is this agreement which would preclude once the sewer pipes
have been turned over the facilities to the Town for the Town to increase the size to allow
for farther development along that road or servicing further developments. There is a provision
in here that would preclude you from taking away their capacity.
Councilman Monahan-But, what I'm saying before the pipes are laid so that we know out-
pro-rated share.
Attorney Dusek-There is nothing that would preclude that in this agreement to answer that
question. r
Councilman Monahan-Thank you.
Councilman Montesi-It would not preclude it but, it's a matter that you would have to get
some real good unanimity along Corinth Road that would delay them from going with their
project.
C:omwilrnan Monahan-Absolutely.
Councilman Montesi-From what I hear from people along there, some said, well it's a great
2t.
idea I have an industrial park and I love to have the capacity of sewer. A lot of the small
residences said, are you crazy I don't want to be taxed.
Supervisor Borgos-I think it's probably not the small residences who are interested but, the
industrial parks, motels, restaurants.
Attorney Persico-Maybe they should come forward right away. If we're going to get into some
severe environmental impact questions then your going to have a full blown environmental
impact study on it.
Supervisor Borgos-I remember we discussed that some months ago.
Councilman Montesi-The single most important consideration we have to weigh is that if West
Mountain is going to go down Corinth Road with a treatment line then we have to treat that
as a separate sewer district their putting the thing in the groand and we have to almost. exclude
anything along there corning into that. I don't know any other way you could do it and treat
West Mountain fairly. It makes a lot of sense if you can say, gee the line ought to be 20 inches
in diameter instead of 10.
Councilman Monahan-You could only do it if you had known the people who wanted the sewer
district and then West Mountain would pay the share they we're going to pay in the first place
and the other people would pay their share.
Councilman Montesi-You can't limit West Mountains ability to function or progress based on
that..
Supervisor Borgos-Let me ask this question. If for instance your engineers say you should have
a 16 inch line and for instance you've checked to see that the next increment would be a 20
inch tine that would cost you only relatively a few dollars more. I'll check with our Attorney,
if went out to market some of that space to the motels and the other places who would negotiate
the price? This is kind of a complicated question as long as there is no cost to the town and
it's done up front could the other motels and industrial parks pay to West Mountain directly
an amount of money that would help to pay for the installation of that sewer line no public
funds expended?
Attorney Dusek-If I can answer that question maybe this way. Part of the problem is that
we have gone through an entire SEO,RA process which has set forth the scope of this particular
district. If it were to be in some fashion increased the town would have to undergo further
SEQRA studies which it would take quite a while to get through them as you know which may
or not be massive studies or you may be able to get away with a long environmental assessment
form depending upon how the review goes. Burt, that as I see, is probably the biggest stumbling
block in all of this in trying to line it up and be ready to proceed on a timely basis.
Supervisor Borgos-Would a decision about that have to be made at this moment? Can they
at the time they decided to put that in say; look we've found out for a couple bucks more we
can make it bigger, but we would like to be able to include somebody else.
Attorney Dusek-They could always make the pipes any size that they wanted too.
Councilman Montesi-One of the things that you can do engineering that I've learned from and
maybe our consultant can at least agree or say that I'm along the right track. If the project
as engineered the West Mountain project says, we need a 10 inch sewer line the length of Corinth
Road get me into the City Treatment Plant. If for some strange reason some developer along
the road an industrial park says, I really like to come in, one of the things you can do with
a 10 inch line obviously the 10 inch line West Mountain is putting in is a gravity fed one. If
you charge that line and you make it a pressurize line you can put a lot more through a pressurize
line than you can the same diameter than you can a gravity feed, right? There are opportunities
with a 10 inch line.
Attorney Persico-.Let me tell you the opportunity is this. If we needed 10 inches and there
was an existing user or number of existing users who needed six more and we go to a 16 inch
pipe just to size it for existing uses already in. . .if there was no capacity for entries after
that, that might be okay. But, if you leave an excessive capacity beyond our needs and any
existing user who would join in the first instance with us it's that excess capacity that I'm
worried or we're worried about because now you're looking at induced growth in the community
and induced growth would mean we haven't done enough studies in our Environmental Impact
Statement because induced growth could very well open up the F.E.I.S. before we could proceed.
Councilman Kurosaka-Especially seeing we were the ones that we requested they go to the
city.
Attorney Persico-We could look at existing uses that's not induced growth it's already there.
24
Again, even with that they would have checked with us and not leave any significant amount
of excess. . .
Supervisor Borgos-That's pretty much what I was thinking but, I don't know how to put the
language in the legal way.
Attorney Dusek-As it is written right now the only thing I would caution the Board on there
is nothing in here that would force the Developer to go along with the Board if the Board wanted
to, to this, because as it's structured now there is basically two ways the sewer district could
become created. One is if the Town of Rueensbury owns the pipe line and transmission lines
running down the county road. Another possibility though is that the Rueensbury District is
limited to just that area up on the mountain and the Developer or Luzerne is some fashion
may have a control over that pipe line that's a possibility under this setup the way it is right
here in the agreement. In otherwords that's not tied down and there is a possibility that
somebody else could become the owner and controller of that truck line.
Councilman Montesi-The transmission line.
Attorney Dusek-Right.
Councilman Montesi-To form a transmission corporation?
Attorney Dirsek-That's a possibility and yet it may not be that Rueensbury owns it as it is set
tip right now.
Supervisor Borgos-I thought it was up to Rueensbury. . .to be turned over to the Town.
Attorney Dusek-Not that part of it necessarily only what is in the sewer district will be turned
over.
Supervisor Borgos-It's our intent that the whole thing would be turned over.
Attorney Dusek-That's not the way it's written.
Mr. Krzys-It also talks about where lake Luzerne has agreed to float a municipal bond to fund
this.
Supervisor Borgos-I presume for their portion that is in Lake Luzerne.
Mr. Krzys-I think the way that this would work would be that they would float the bonds that
would cover the whole return all the way down to the Glens Falls plant on the easement that
is on County land not Rueensbury land. That's the major facet of the whole system is to carry
it from West Mountain Road to that point.
Supervisor Borgos-That's right but, I was always under the impression it would be turned over
to the Town of Rueensbury as a sewer district.
Attorney Persico-It doesn't even have to be in the sewer district.
Councilman Montesi-The problem is it can't be turned over as a sewer district per say because
it has limitations. Your sizing that pipe to handle your development. If you start fooling around
with that transmission line in terms of how much more capacity can we get in there and not
endanger West Mountain. . .
Supervisor Borgos-As the line goes through the ground even if it's 10 or 12 inches that line
would be part of the sewer district.
Attorney Persico-It doesn't have to be.
Supervisor Borgos-Who may change it? It has to be part of a district.
Councilman Montesi-Unless your going to maintain it as a transmission.
i
Attorney Dusek-If Luzerne floated the bonds and had control over it that would be their
obligation to maintain it. That line does not have to be in a district as the law is written it
coidd be a line running to a district to service it.
Supervisor Borgos-Your saying that it's possible that Luzerne would have the sewer district
from the Town of Luzerne on top of the mountain, we would have a sewer district out of
Qiieensbury from the top of the mountain both feeding into a common pipe owned and maintained
by the Town of Lake Luzerne within the Town of Rueensbury?
25
Attorney Dusek-Right.
Supervisor Borgos-I want to find out who owns it if there is a problem with it.
Attorney Dusek-It's conceivable it could be owned by Lake Luzerne and their responsible for
maintaining it.
Councilman Montesi-Their responsible for maintaining the line.
Attorney Dusek-Correct.
I
Supervisor Borgos-Would you recommend that or would you recommend that it go to Queensbury?
Attorney Dusek-It's up to the Board. Part of the Developers consideration is tied into bonding
and the ability to get bonding.
Councilman Montesi-Actually that's not so very different from the Sewer Law that's built
in Saratoga County which is a main county line that goes through each Town and each Town
consents to it, but the County owns the line.
Attorney Persico-They do it by contract don't they?
Councilman Montesi-They do it in Saratoga.
Supervisor Borgos-I have trouble with calls to my office when people call about the Quaker
Road construction if it's in the Town of Queensbury you have to fix it, but it's a County project.
If the sewer has a problem people are going to call this office and they are going to say, fix
that.
Mr. Krzys-The only place that would have a problem with it would be the people that are using
it in Lake Luzerne.
Supervisor Borgos-I'm not trying to impede the project I'm just trying to stop the problems
before we get there. What's the period, 40 years?
Attorney Dusek-Correct.
Supervisor Borgos-I don't know if we want it after forty years if it needs repair.
Attorney Dusek-Whatever the organization of it as it preliminarily set out would be the way
it would be unless contracts, purchases , or sales were made at some point in time.
Supervisor Borgos-What about if we did have somebody else connecting to it would they pave
to the Town of Lake Luzerne then?
Attorney Dusek-They would have to contract with Luzerne and the City of Glens Falls.
Supervisor Borgos-How does Luzerne feel about this have they discussed this?
Attorney Dusek-Luzerne I think was one of entities that has been discussing the bondings for
this whole thing including that aspect of it I believe.
Supervisor Borgos-Luzerne is willing to do this?
Mr. Brandt-We have language in here to that affect.
Supervisor Borgos-You don't have any serious legal problems?
Attorney Dusek-Legally it works, but it's up to the Board how you want to coo this. The reaction
I think at one point very early on if 1 recall we had some discussions at some point where the
Board didn't seem overly concern if they just had a small district up there and everything else
was left up to Luzerne to do.
Supervisor Borgos-What if it becomes the time when we're fixing our taxes for the sewer district
on top of West Mountain and we look to the charges who controls what we have to pay to Luzerne
under the contract there would have to be a contract there?
Attorney Dusek-Between the Town of Queensbury and Luzerne.
Supervisor Borgos-Which would include administration charges among others which may be
hard to nail down can that all be left to the future? Obviously the first development Is going
to be in Queensbury so that has to be open what's the possible duration of the contract can
26
it be five years or do we limit it to only two years?
Attorney Dusek-The sewer contract will be very similar like the one you have with Glens Falls.
It be the same type of idea that you can go on for a very very long period of time subject with
renewal clauses.
Supervisor Borgos-flow does the Board feel?
Councilman Potenza-What advantage is it for Luzerne to have it?
Supervisor Borgos-They get the financing for the project as I'm understanding this now as we
go.
Mr. Krzys-I think what Luzerne's concern is and will get to that when we get to water is that
their concerti is that they never get the benefits what they consider to be the benefits of the
project because we never finished building it out. What their trying to do is to. . .as possible
to make sure that their going to see. . .project.
Supervisor Borgos-Are they approaching their bonding limit or are they going to exceed their
bonding limit?
Attorney Persico-I know they have already contacted Audit and Control.
Supervisor Borgos-It's probably a permitted use but, I'm just wondering about the bonding limits
because they are a relatively small community.
Mr. Brandt-We're going to have to guarantee it and we're going to have to put the financial
reswirces behind it so that we can get the bond itself we didn't want to do this.
Supervisor Borgos-Correct, we didn't want to do that. That was part of the deal the Developer
would pay up front which essentially we'd be doing you would be borrowing the money and
grinrtrntectng it.
Councilman Montesi-From a practical point of view I've viewed any and all sewer development
that would take place in the Town of Rueensbury along the Corinth Road and the need for
it as a problem that I would have to address. If your going on the right side of Corinth Road
with your transmission line for your development if I was going to put some sewer in there
I would pretty much have to put it on the other side of the road. It sounds like double work,
but there is no way that I could plan it. I mean it would have been great for me to plan an
8 inch line in the ground on Route 9, so Lake George could bring their wastewater down you
brit, you couldn't do it there was no practical way. So we have an 8 or 10 inch line in the ground
and Lake George is contemplating coming down with an 8 inch line someplace. That's the
same situation I didn't want in your project. I think that if the sewer is going to be needed
on Corinth Road by any and all of the residence in that area that's a sewer district that we
will have to form and work to the degree that it may be big enough that we need a 10 inch
line on the other side of the road.
Supervisor Borgos-Then we have a practical problem of not mixing water and sewer on the
same side of the road I understand.
Councilman Kurosaka-All you have to do is have separation. You can have them on the same
side of the road in the same trenches, but they have to be separate.
Councilman Montesi-I don't have a problem with Luzerne owning that pipe line as long as they
understand that there is a maintenance fee involved in that too.
Attorney Dusek-This is a policy decision basically up to the Board of which way you would
like to go.
Councilman Montesi-Owning the line all it does is afford me a liability in a sense that I will
own the dedicated lines up on top of the mountain in the sewer district that I will have to
maintain and the only thing I won't maintain is the transmission. Theoretically unless Luzerne
gives some of their right to go into it that will be a single line that goes down to the City.
Supervisor Borgos-Luzerne then would have to have the liability for the manholes if the cover
comes off or something those things do happen. The Board has no problem with this?
Cotmeilman Kurosaka-I don't have a problem with it.
Supervisor Borgos-Okay. Page 11(a) I have no problems with. I have a problem on Fage 13.
t think this is a real policy problem that we're going to have to face sooner or later so we might
-is well face it with ,you. I don't know how the Board feels about this but, we've been talking
2'7
about creating a major improvement to our Water Treatment Plant designing and building
when we want to be a regional water supplier. We don't want to get rich on this but, it would
be nice if we could make a few pennies per thousand gallons to help reduce the cost to the
people in the Town of Queensbury just a little bit. We currently have outstanding agreements
with the Town of Kingsbury for x amount of dollars per thousand gallons and we're talking
seriously to the Town of Moreau, City of Glens Falls and other places. It would seem to be
and I can certainly live with something that said, will agree to supply to the Town of Lake
Luzerne this water at a cost that's calculated in a similar fashion to the cost calculated to
other municipalities. What we've said in some initial thinking that we've been doing is that,
a community that's really close obviously doesn't cost us much for distribution and our cost
are down. If we have to go a little further away to Kingsbury vs. Glens Falls maybe it's a couple
pennies a thousand literally two or three cents a thousand more than-we have to add on because
that's the actual cost. As I read this that your saying, we're going to guarantee to some of
the people in the Town of Lake Luzerne at exactly the same cost as those people in the Town
of Queensbury. This is coming from the one consolidated Water District Treatment Plant,
again I think that's inappropriate based on public sentiment I've heard for other reasons prior
to this. I would much rather agree to something that said the same treatment will give to
other municipalities we sell to the municipality as the major consumer that municipality bills
it individually. In order to sell a lot we're going to have a good price.
Mr. Krzys-It's an issue that's Lake Luzerne issue Steve, we brought it up, we asked the Board
and asked to approve the contract. I think this is what Dave Krogmann was talking about where
he said he wanted taxes on the. . .
Supervisor Borgos-There are two problems though. One is the Water District Special District
park land as a general tax base item so we can trade those two items legally it's not provided
for under the law. We would be better off paying taxes to Luzerne and collect just a few pennies
a thousand gallons extra for the water. But, guarantee to treat Luzerne as the same fashion
of any other municipal groups so we're not going to hold them hostage. It would be much lower
price any other way than they can get it.
Mr. Krzys-We don't care.
Supervisor Borgos-You have no problem with this?
Mr. Krzys-'Phis is their thing we agree to have it in here as long as the two `lawns agree.
Supervisor Borgos-Mow does the Board feel about this we haven't had a chance to discuss this?
Councilman Kurosaka-How's Luzerne going to answer this?
Supervisor Borgos-I don't know.
Taped turned.
Councilman Montesi-We would have to form a new water district in the Town of Queensbury.
Is this saying there would also be a water district formed in the the Town of Luzerne?
Councilman Kurosaka-That's what is says.
Councilman Montesi-To include just your PUD or will it include the whole Town?
Mr. Krzys-Just PUD.
Councilman Montesi-Just your PUD. I think you can avoid that whole issue by saying, the
Luzerne portion of your PUD would contract with the Queensbury Water District, we don't
have to form a separate water district. I'm concerned with bringing another municipality and
with some concerns about our pricing structure it's a hard thing for me to control.
Councilman Kurosaka-I think your talking about the water district that's much contiguous
to this one we're not talking about the rest of the Town of Queensbury.
Supervisor Borgos-We're going to be consolidating it immediately that's our new policy to
consolidate right away.
Councilman Kurosaka-What I'm saying your charging two different water rates within there.
Councilman Kurosaka-Part of the problem is theoretically my house in Queensbury is charged
a rate of let's say $1.00 the guy across the street in Luzerne is charged $1.00 too, it doesn't
make much sense. Why can't we contract with your section in Luzerne from the Pud and just
contract that to be in the water district?
28
Supervisor Borgos-We would sell by one master meter volume to Luzerne and they can build
their. . .anyway they want to. We have many times in the Town right now where different
water districts back up to one another at this moment and there are differences. We're trying
to consolidate everybody so we can get to one another but, there are over the place ones $1.00,
ones $3.00 it's a difficult problem.
Councilman Montesi-I guess the thing that's most difficult here is that this Developer has agreed
to put the infer-structure in based to our standards this Developer has agreed to pay for the
water. Who's going to dedicate the project Luzerne?
Mr. Krzys-Luzerne. They've also agreed on their part of the property to do a municipal bond.
Supervisor Borgos-My concern is in the press. If we can agree that will charge comparable
with other communities then they can be guaranteed their not going to get stepped on. That's
Something that hasn't been determined yet by the Board.
Councilman Kurosaka-Steve, municipalities pay less than individuals anyway.
Supervisor Borgos-That's correct.
Councilman Kurosaka-They can set their own rate.
Supervisor Borgos-They are a major consumer.
Mr. Brandt-Actually there is something a little different here than another municipality in
that we got to build the water line through part of it Queensbury to Luzerne at our expense
so I don't know why that increases your cost.
Supervisor Borgos-We don't have to maintain it, once it's there we have to maintain it.
Mr. Brandt-Property owners pay for that.
Councilman Kurosaka-We sell water to municipalities at a lower rate and we bill them directly
to the customers. We sell it to Luzerne at such a rate so what they bill their customers is
their business it's their water district not ours.
Mr. Krzys-At the point where it meets your district and goes into Luzerne's district there
is a meter.
Supervisor Borgos-Correct.
Mr. Krzys-So they've have the overhead of maintaining their part. They have a municipal
bond that's funded that part of the system. I guess what Mike is saying is where you have the
main going up the corner of the mountain.
Mr. Brandt-We're putting that in to start with. The other thing is, that is, if I were Luzerne
in that situation I would probably contract with Queensbury for maintenance of that water
district but, I certainly don't know what they would do.
Supervisor Borgos-We have not done that at the moment policy wise, just to reduce liability,
but that would have to be a change. We're concerned that we have to buy this. . . to either
change the language that's there or strike that part that says; at a cost comparable to other
Queensbury water districts. We can say, to other municipal customers in the Town of
Queensbury just change it that way. At a cost comparable to that charged to other municipal
customers of the Town of Queensbury Water District.
Councilman Montesi-Who's going to determine what the cost is?
Supervisor Borgos-Luzerne is going to have extra charges anyway because their going to charge
off the capital to their (tax payers) I understand we're not. We're going to have a bill already
paid for all the capital in Queensbury. Their going to have other charges of O & M that are
different from our charges their cost may be less than than they've agreed to so there will
be differences anyway.
Attorney Persico-What if we talked about comparable to the charges of the Queensbury District
to it's customers within the PUD?
Supervisor Borgos-It all comes back to the same plant and the people who ten years ago or
twenty years ago paid for the motors and the intakes and all the other volumes.
Councilman Kurosaka-We can't control how much it costs for them.
29
Mr. Brandt-We have to guess what's acceptable to Luzerne.
Councilman Montesi-Who's to say what the raw no profit cost is, I don't know.
Supervisor Borgos-We looked at the numbers and we're expecting a report soon. But, numbers
and balk sales to communities could be reasonably low.
Mr. Brandt-Comparable to what their charging other communities?
Supervisor Borgos-Other municipal customers.
I Councilman Kurosaka-Just put Queensbury Water District customers and that's it. We charge
the Town of Luzerne and what the Town of Luzerne charges their customers is their own
— business.
Mr. Krzys-In this let's just take an example. In this we also have language that says.
Councilman Kurosaka-Luzerne Water District not customers.
Mr. Krzys-But, all capital improvements associated with the district. There is some language
here I can't figure out where it is Luzerne said that any subsequent water district fees for
water shall not include any amount attributable to amortization of such development costs,
your basically going to pay for that.
Supervisor Borgos-Correct, your paying it once.
Mr. Krzys-So if your charging a deal with other communities if your deal is that your charging
them the. . .their doing the same thing.
Supervisor Borgos-At the moment we have only one other municipality we have others under
consideration. The arrangement would be that they're going to have to pay whatever capital
cost it takes to hook up to us which is what your going to be doing and then we're just going
to charge them so much per thousand gallons of water delivered to them.
Mr. Krzys-Are you also charging them for expansion of the Treatment Plant?
Supervisor Borgos-Yes. That will be the same ratio at least that proposal. The thought has
always been that they'll pay the same percentage the same formula.
— Councilman Montesi-As any customer does.
Councilman Monahan-Is not fair to charge people to pay for the whole plant when the new
one, they are not at fault for going into expanding it.
Supervisor Borgos-We can make a couple changes here in this sentence let's see if this would
word, Queensbury shall provide water to Lake Luzerne water district strike the word customers
at a. cost comparable to that charge to other Queensbury water district municipal customers.
You can drop off the rest of it.
Attorney Persico-Your striking the word customers on Page 13, and inserting municipal in front
of the word customers?
Supervisor Borgos-Put a period after the word customers.
Attorney Dusek-The rest you would want to leave in.
Supervisor Borgos-You want to leave the rest?
Attorney Dusek-Yes.
Supervisor Borgos-Okay.
Attorney Dusek-There is another part of this that I gave to you in a memo that I asked the
Board to consider inserting.
Supervisor Borgos-`Chat's this one.
Attorney Dusek-Since then it's been re-worked over with the Developers. I guess Dave Krogmann
has re-worked it again because he was bothered by that provision as well.
Supervisor Borgos-Luzerne has to agree to this in respect that we've agreed to take nothing
less restrictive than they would take. I don't know if this is one of those.
30
Attorney Dusek-This agreement is a three party agreement between Luzerne, the Developer,
and the Town of Queensbury.
Councilman Monahan-If they don't like what we've done tonight they say to us that it's
unacceptable then we have to go back to the drawing board, right?
Supervisor Borgos-It has to go to them for approval.
Attorney Dusek-Somewhere presumably there would be an agreement reached at the moment
all we can do is give it our best effort.
Attorney Persico-Can we condition this resolution to PUD.
Supervisor Borgos-Provision approval by the 'Town of Lake Luzerne.
Attorney Persico-Subject to Luzerne signing the agreement as amended.
Attorney Dusek-Procedural, yes, yes it could be handled that way but, what I'm saying is if
they don't agree obviously there is going to be a problem.
Supervisor Borgos-It's going to be my recommendation to the Town Board that whenever we
get to it and I hope it's soon that we have our water plant that we aggressively mark it water
so we can make that marginal profit. It will be to our advantage to keep that price low just
so we can reassure Luzerne.
Mr. Krzys-Page 13.
Supervisor Borgos-What did I miss?
Mr. Krzys-It's something we have. Lake Luzerne has and we talked about it to Paul earlier
today.
Attorney Dusek-This is relative to that paragraph I added in my memo to the Board?
Councilman Montesi-Mike, is that the concept that your working on the 660 foot level where
our tank is that you'll be pumping from that tank up?
Mr. Brandt-Another tank at the top but then it feeds the two districts the district of Queensbury
and. . .
Mr. Grey-Would you save me a copy of the final version?
Supervisor Borgos-Certainly. Will the Clerk send a copy of the final version.
Mr. Grey-Thank you.
Supervisor Borgos-Your recommendation is that we add a paragraph.
Attorney Dusek-Yes. The paragraph that I originally wanted there has additions to that.
Basically the proposal is that right after Water Supply Page 13, right after the phrase, Domestic
water for the Project shall be supplied by Queensbury. Additional language beyond what I've
written in the memo is proposed by the Developer. There would be a comma after Queensbury
so it would read Domestic water for the Project shall be supplied by Queensbury, if there is
sufficient water treatment plant capacity. The Developer shall pay its pro-rated share of
cost ns capacity as indicated in (10) D3 below which is the cost analysis. That there is no problem
with. It says, alternatively if capacity is not available the Developer shall pay the full cost
of water treatment plant expansion and the Developer would be reimbursed for capacity
exceeding that required for the Project as additional capacity commitments occur. In
otherwords, Queensbury wouldn't have to pay the Developer until it had customers to take
up that extra capacity. If their timing is off and they don't come in at the time everybody
is contemplating they would pay the full cost in expansion they would have to wait for a buildup
of customers to get a reimbursement which that I don't legally have a problem with.
Supervisor Borgos-Do they understand those modules may be very large?
Attorney Dusek-I think they do.
Supervisor Borgos-Typically it appears that sometimes they could be 21 million from what
I've seen, but typically 5 million gallons if your looking at 11 millions you'd be exposing very
large dollars.
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Mr. Krzys- I think the concern is Steve, is that the time we get our financing it may not be
the same time that your ready to build the plants.
Supervisor Borgos-We've talked about that. When we go to the public we have to show whose
going to use our increment and where their monies coming from so it doesn't come from the
taxpayers here.
Mr. Krzys-Consequently if you've got capacity and never give it up you have to be. . .than
you liked to be than if you buy what you have according to this. If not if you want to bite
the bullet and go another module.
Supervisor Borgos-It's a big number.
Mr. Krzys-I don't know if we can do that if not, next's come Paul's next provision.
Attorney Dusek-Next comes the provision that I put in the memo to you except that Dave
Krogmann has added a few extra words. This is the provision that says, in the event that
Queensbury does not provide water in sufficient flows or in quantities the sole remedy of the
Developer in the Town Lake Luzerne shall be the option to use an alternative source of water
paid for by the Developer improved by the Towns. In such event Queensbury supplies water
as complicated etc., it goes on. That critical clause right there basically that takes Queensbury
off the hook so to speak if something goes wrong and we can't supply the water. Dave
Krogmann's position on behalf of Luzerne is he says, basically you can just walk away from
the whole thing and for whatever reason not get it at all. What he proposes to say instead
of saying in the event Queensbury does not provided water in sufficient flows etc. he says,
in the event that Queensbury forecloses beyond it's control does not provide water and sufficient
etc. But, I would make one further change to that and say, for causes beyond the control of
the Town Board because beyond the control of Queensbury could mean.
Stipervisor Borgos-Permissive referendum.
Attorney Dusek-Right. It's still within the control of Queensbury residences so let's narrow
it down to just the Town Board.
Councilman Monahan-Paul, I just have a question. We've got a water district theoretically
we own the pipes and we're going to have to maintain them.
Attorney Dusek-Correct.
Councilman Monahan-Then water starts being put into those pipes from some other area and
maybe mingling with our water or our water wouldn't be there at all?
Attorney Dusek-Your water district would never have any water from any other source other
than your water treatment plant.
Councilman Monahan-Okay. That was my concern for liability over water we weren't controlling.
Attorney Dusek-Those are your water lines you don't have to allow any water into them other
than your own water treatment plant plus the way the whole system is designed I don't think
you could.
Councilman Potenza-Paul, where do you want that added?
Attorney Dusek-That would go right after the first sentence or part of the first sentence in
after Water District.
Councilman Potenza-Domestic water for the Project shall be supplied by Queensbury.
Attorney Dusek-There is that other paragraph that I read before.
Attorney Persico-Paul, we gave you the proposed change in paragraph (5) on Page 13.
Attorney Dusek-It's not here though.
Mr. Krzys-Page 13, under Sewer District Creation. There is language before you get before
a, b, and c. It talks about the Town not being obligated to create a sewer district until three
things happen. Number (a) is until Glens Falls agrees to a contract for construction of the
sewer system. Number (c) is that we are going to have to get easements from the County.
Number (b) says until we put up (a) there is a Catch 22 thing there and that is that we'll never
get anybody to guarantee payment for the bonding for the sewer district until the district
has been created on the other hand your not going to create it until you've been bonded so
we've changed the language.
32
Supervisor Borgos-Why can't we give you an agreement that says, condition upon your financing.
Attorney Dusek-What the Developer proposes is in paragraph 5 on Page 13, that paragraph
(b) essentially be deleted from where it is right now. You would have (a) and (c) would become
a new (b) then you would have at the very bottom after (b) a new paragraph. The old (b) first
Dick, then just continue?
Attorney Persico-The old (b) would come out altogether. Then (c) becomes (b) and then we
will have a new tin-numbered paragraph.
Attorney Dusek-The new paragraph would read this way. That at the same time that a
acceptable payment is made by the Developer or a guarantee for construction of the sewer --
system as posted therefore the Town shall issue the obligation orders.
Supervisor Borgos-The obligation orders just obligated us?
Attorney Dusek-That's what I don't understand.
Attorney Persico-That refers back to the introductory paragraph.
Attorney Dusek-That's the problem. Why don't we say final orders creating the sewer district
then?
Supervisor Borgos-That's better.
Attorney Persico-The Town shall issue the final orders?
Attorney Dusek-Right.
Supervisor Borgos-We can do this without any required public hearings because it's being paid
for by non-Town funds with no permissive referendum required?
Attorney Dusek-There would still be a permissive referendum you wouldn't have to go to the
comptroller's office that's the only difference.
Supervisor Borgos-It would still need permissive referendum even though there is no Town
money?
Councilman Montesi-Why?
Attorney Dusek-Any new sewer district created.
Councilman Kurosaka-But, they own the district.
Attorney Dusek-Technicality you still have to go through the legal steps to get to the end.
Supervisor Borgos-Yes.
Attorney Dusek-Yes. All it does is that instead of before what it did is it made contingent
on their getting the order creating the district that they had to get those three things done
and their problem is that they can't necessarily get the payment until they know the district
is created because the people won't give them the financing for it. This just simply says that
it will be done altogether at once, I don't have a problem with that legally.
Supervisor Borgos-Page 15, 1 have a couple questions on fire protection. We refer here to a
fire station an emergency squad let me just talk in generality the attorneys can fix this.
generally we talk about a single structure we've talked many times about the fact that it
probably could be one structure but, it's going to be two separate buildings within one structure
preferably it will be two separate structures fire department and the emergency squad building
because we will be dealing with two separate corporations. For instance, it's shown in the
Town in two out of three cases that the buildings have to be separate there are just some
controversies that come up so the building should be separate. Anytime we refer to a structure
we probably should say structures. I think they will probably be right next door to one another
they will have a dividing wall, two separate doors, just to prevent problems in the future.
There is also no provision here that this stuff be built it says it should be built and it says you
can't go to Phase II until Phase I is clone. I don't question your intention or anything else but,
again if some thing happens to the limited partners I want to be sure that there are no C.O.'s
issued until a certain amount of this is at least ready. The whole idea of having the apparatus
there early is for protection you defeat that purpose if you go ahead and build some buildings
and decide not to build the fire station until 10 years later. There has to be some kind of a
timing mechanism to provide that for at least a portion of this to be ready at a certain stage.
33
Mr. Brandt-We think we agreed to that in the F.E.I.S.
Mr. Krzys-We think it's in the F.E.I.S. that we agreed that we would build it with the first
phase.
Supervisor Borgos-Does it come at the beginning of the first phase or the phase of the last
5 ,years?
Mr. Brandt-We went so far as to say that it would be a 4 wheel drive apparatus during
construction then I would think by the time you open the motel you want that.
Supervisor Borgos-I would say that you almost have to for insurance purposes. Talking with
our Attorney I hope to be able to do this at the later stage but, it appears this will be a good
time to introduce one other thing into this.
Attorney Dusek-Before we go is this issue resolved? Do I do something with the contract?
Supervisor Borgos-Their looking for it. While their looking for it I'd like to introduce this as
a solution to some of the things. My concern has been we have several parties to this we have
the Fire Department, Rescue Squad, the Town, the Developer, the Town isn't going to have
time by itself to do all the detailed studies required to determine what the apparatus should
be. The fire company will have some rough ideas you'll have some ideas. I would propose I
know your tired with consultants but, I recently at no expense to anybody had somebody come
up that I've known for a few years to take a look at your situation and a look around the Town.
I received just a couple days ago a proposal to study your project I have copies of it here.
I would propose that you agree to go with an individual perhaps this one I have a resume here
for you that would cost it looks like certainly not to exceed $6,000 it may be considerable
less than that to have a professional come in to do a fire analysis at least layout what he would
do for that kind of money. Then that could be shown to the different groups and you would
have a document to work from. This is what we did when we did the Town wide study a couple
years ago and it got done quickly. Let me show you this to see what you think.
Mr. Krzys-Talking to Mike here, our sense is that any study that would be done with the West
Glens Falls Fire Company if we did a study and they don't like what they see then that would
be useless.
Supervisor Borgos-Right.
Mr. Krzys-I guess our question is when the timing is when this is to be done. My sense is that
already to design that thing during site specific approval for the first phase so the study would
have to be done according to that. You have to know what kind of buildings to build, what
kind of vehicles etc. it all has to get done on the front end of it.
Supervisor Borgos-I would agree that this wouldn't have to be done tomorrow but, that it should
be done by a consultant and we can just leave it at that. I didn't want to know if you wanted
to take it one further step and you'd have one at least identified for you.
Mr. Krzys-That's not necessary to put in this agreement that there would be a consultant.
Supervisor Borgos-What does our Attorney feel? if the Fire Company, and Developer, and
the Town meet, and we agree on something and we go to court and find out that we should
of had a consultant?
Attorney Dusek-I think in the first instance, the Town has a fire protection district which
encompasses the entire Town the fire company itself really bears the responsibility to insure
that it's going to properly service that particular area that it's assigned. The Town I don't
think has an obligation to identify what particular pieces of equipment are necessary that's
why we contract for that service. It's really the fire companies responsibility and liability
but, the minute you get into regulating them and telling them exactly what they have to have
which I don't know legally that you can but, if you tried to then you are assuming some
responsibility.
Supervisor Borgos-From the standpoint of the Town and our Town residence who are living
there I want to be sure we have adequate protection and I hate to the burden of hiring a
consultant on the fire department. This way the Developer is creating means that the Developer
should pay for the study. Again, we can leave it at a consultant it doesn't have to be this
one.
Mr. Krzys-I just was looking over the things we did we're talking about how to determine water
supply and things like that up there they all have to be a part of it. If we're going tp build
a hotel which means you have to determine how much water you need.
34
Supervisor Borgos-Right.
Air. Krzys-A consultant is definitely necessary up front to do all this kind of stuff.
Supervisor Borgos-Your going to have to incorporate a fire consultant into your water planning.
Mr. Krzys-Right. All that stuff has to be done up front it's all part of our site specific approval.
I'm not sure what you want to put in this document.
Supervisor Borgos-I think I would feel more comfortable is we just had a professional fire
consultant it doesn't have to be this one involved in this process. The Town has that option
anyway because we're a party to this with agreeing on what we'll accept.
Mr. Krzys-We're contingent upon approval of that anyway. I don't see how we can every do
a site specific: approval without hiring someone like that anyway.
Supervisor Borgos-Okay.
Councilman Montesi-I'm just thinking there are a couple of things that happened and I'm not
purvey to all it.
35
Councilman Montesi-For instance, there is a Fire Study Committee various fire companies
irl our community coordinate their activities in terms of purchasing vehicles this year next
Year, what's needed, what isn't needed. If Rueensbury Central feels it needs a new piece of
apparatus it needs to present it's needs and concerns to the Fire Study Committee.
'raped turned.
Councilman Montesi-In West Glens Falls the fire company that is going to inherit this has
increased responsibility agrees to maybe the Fire Study Committee is going to be part of that
and ultimately the Town Board and the Planning Board says, yes they have put their building
_ up they have bought their equipment.
Councilman Kurosaka-I know West Glens Falls they will not bypass that committee.
Councilman Montesi-I think we have enough safe guards in this as to who finally makes the
decision. This consultant can say that you need a ladder truck that has a JO foot lift on it
maybe that's really not reality but, I don't know. I don't have a problem with it.
Mr. 13randt-I think some consultant has to work with the fire department, has to work with
US.
Councilman Montesi-It will only make your job easier to have an outside consultant do it.
Supervisor Borgos-Shall we put language in or can we add a sentence at the end of the Fire
Protection section?
Attorney Dusek-It might come in good right after the first sentence after Fire Protection
where it says; A fire station and emergency squad structure shall be constructed by the
Developer. You could add in at that point, the fire station and emergency squad structures
and equipment shall be reviewed. . .
Supervisor Borgos-By a professional fire consultant?
Attorney Dusek-Right.
Mr. Brandt-Is there a problem by saying emergency squad at the same time?
Supervisor Borgos-fie did.
Councilman Kurosaka-It needs to be tied together.
Attorney Dusek-By a professional fire consultant is that the word?
Supervisor Borgos-You can say, fire/EMS consultant you may have to bring in another person
to work with him.
Councilman Kurosaka-They usually have their own offices.
Supervisor Borgos-Usually.
Attorney Duasek-I think you can go on and say, the Developer shall build the structure and supply
such equipment as may be agreed to with the fire company?
Supervisor Borgos-Fire company and the Town. We're both listed in the Town of Queensbury.
Councilman Kurosaka-It's already in there the fire company, rescue squad, Developer, and
the Town of Rueensbury.
Attorney Dusek-That only deals with the apparatus itself though not the building I don't think.
Supervisor Borgos-So we just put it in up above again.
Attorney Dusek-Right.
Councilman Monahan-Did you say fire company and rescue squad Paul?
Attorney Dusek-Fire company/rescue squad and Town.
Councilman Montesi-How does the Town get involved in that in the middle. By including us
in there does it mean that we have a veto or does it mean that we're complying with SERRA?
Attorney Dusek-I think yes to all questions. It gives us a veto, it helps us comply with SEGIRA.
36
Supervisor Borgos-We're responsible for operating the fire fund we pay the bills.
Councilman Monahan-Paul, when you say the consultant and Developer shall build structure
don't' you want structures?
Attorney Dusek-Yes.
Attorney Persico-We don't have that language.
Attorney Dusek-It would come right after the first sentence where it ends with project, it -
would read, the fire station and emergency squad structures and equipment shall be reviewed
by a professional fire consultant/EMS consultant and the Developer' shall build the structures
and supply such equipment as may be agreed to by the fire company, rescue squad, and Town.
Unknown-Steve, do you want to put the Fire Study Committee in there because your Town
is using the Fire Study Committee as a recommending body and I think that should be included
in there.
Supervisor Borgos-The only concern that I have is that we don't know for sure if we have in
it's present structure the proper legal standing for Fire Study Committee it would in a decision
making line. We refer to them in several places but, we don't know if that's appropriate. The
Town Board can say, that we're going to insist that a Fire Study Committee review this first
but, the Fire Study Committee by itself has no entity that we're aware of.
Attorney Dusek-The Fire Study Committee is created by way of contract between the Town
and the fire companies?
Supervisor Borgos-No. The Fire Study Committee it's still informal.
Attorney Dusek-It is an advisory body to the Board?
Supervisor Borgos-It's an advisory body to the Town Board.
Attorney Dusek-Then the Town Board would have at it's option anytime to refer any matter
to them.
Supervisor Borgos-It's already part of when we say the Town we may in them. Page 16,
e
I have a concern that I expressed before. One way to do it is to eliminate some language the
other way would be to change something. You've indicated your concern if something happens
to ttre West Glens Falls Fire District boundaries are modified what's going to happen to the
fire station and the apparatus. I would have the same concern but, I don't see that happening.
We do know one section of the Town tried to do this a year or so ago and it was so impractical
nearly impossible. My concern is that if it does happen for instance, let's say ten years from
now you decide to not be a part of the Town of Rueensbury anymore you form your own village
have your own corporation all this equipment not only the initial stuff but whatever has been
added through a lot of hard work and general town dollars we don't break our fire districts
down for tax purposes. General town dollars would have paid for a lot of improvements that
according to this would be transferred to perhaps a separate village, perhaps another township
and that could create a problem. I would prefer just to drop out that whole reference because
I don't think it will happen if it does happen we'll handle it then.
Mr. Krzys-The other alternative Steve is to have other people reimburse the Town for any
equipment or any other buildings that are created.
Supervisor Borgos-You're saying that if you put up let's say a million dollars and let's say ten
years from now another millions been added your say transfer over and whoever takes the
ownership will make up the difference?
Mr. Krzys-We have to pay you the million dollars.
Councilman Monahan-Except your going to have to factored in depreciation and all that kind
of stuff.
Supervisor Borgos-That's the part plus the time commitment by the people who have put in
their volunteer labor to make this better I think you'll get a better job if people feel that this
is their's and they're doing it.
Alr. Krzys-If it's that difficult to do this is never going to happen. In the event it should happens
what's the difficulty. At that time I think we would have to sit down and go over how people
get reimburse and everything anyway.
3'7
Supervisor Borgos-Will this ever be a cloud that the fire company would have. . .if for instance,
the fire company ten years from now wants to borrow some money and wants to put another
Addition on has to put this up as collateral? The fact that this could go away tomorrow would
this be something the bank would not be happy with?
Attorney Dusek-It's going to effect title to the property. If the company dissolves according
to this as I understand it, it could be read that they would lose all interest in the property.
Supervisor Borgos-I think it would impact dramatically their ability to finance any additions.
Other than what's agreed upon in a phase buildout after that your done with it and the fire
companies and the general taxpayers of the Town will have to maintain and improve this
property.
Councilman Kurosaka-I don't think there is any problem jurisdiction wise until you go to a
city a village is still part of the Town.
Supervisor Borgos-I don't think either scenario is likely to happen I'd rather just cross it right
of f.
Attorney Dusek-Strike it?
Councilman Kurosaka-Strike it.
Supervisor Borgos-Strike everything?
Attorney Persico-Strike everything on down to the word jurisdiction the end of that paragraph.
Councilman Monahan-Since this is talking about a lease and what the West Glens Falls Fire
Company and the rescue squad is going to do I would like to know if the rescue squad and fire
company has seen this so they know what we're committing them to and I don't know how we
can commit them.
Supervisor Borgos-The lease is for $1.00 a year.
Councilman Monahan-That maybe, but in five years their going to take it over.
Supervisor Borgos-Free of charge.
Councilman Monahan-Have they seen it and do they know this?
Attorney Dusek-That was one concern that I had. If you'll notice the lease does say that they'll
make all arrangements necessary to offer to lease the facility to Glens Falls. In otherwords,
we haven't made an agreement here for West Glens Falls we just made everything possible
for them to come to an agreement.
Supervisor Borgos-The Developer for their tax purposes would prefer to carry this as a lease
for a few years till sometime they can take advantage of some of the other tax benefits. But,
after five years title would go free and clear the lease would require payment of $1.00 a year.
Councilman Monahan-In the other document I think it's the SEQRA Findings it says in there
that West Mountain Villages are going to train their own personnel for fire fighting but, it
does not say that in this one.
Supervisor Borgos-Have you talked to them about that?
Attorney Dusek-We didn't get a chance to talk about it. Dick, what has happened here is that
the SEQRA Findings and the contract as to the fire protection provisions have a couple of
different things in them. They pretty much tracks except the SEQRA Findings has an additional
provision that says, that employees of West Mountain Villages will also serve as fire fighters
in the first instance whereas, the contract does not have that in it.
Attorney Persico-We will make it conform.
Supervisor Borgos-On the bottom of Page 15 the bottom sentence does not have to be there.
It says where your going to provide the fire company training at, state prescribed standards
and be responsible for the costs thereof. That doesn't apply because your going to be picking
tip those in the other section with your own employees the fire company gets free training.
I have no more problems with Page 16.
Attorney Dusek-Before you leave the fire fighter topic, I thought the Developer was going
to look tip as to when they were going to provide this equipment and fire station?
38
Supervisor Borgos-I discussed that at the beginning that no C.O.'s should be issued until they
would look it up. Did you have an answer that you found it somewhere?
Mr. Krzys-No I didn't it just says, as part of Phase I.
Supervisor Borgos-flow about as part of Phase I in accordance with the schedule to be agreed
upon, would that be good enough? Prior to the beginning of Phase I?
Attorney Dusek-Prior to the beginning of construction of Phase I?
Supervisor Borgos-Prior to beginning of construction.
Mr. Krzys-So accept that as part of our site plan?
Supervisor Borgos-I don't think it fits under site plan review it's probably `Iown Board. Is this
agreeable? Do you have that language Paul?
Attorney Dusek-I have the language written for the timing. I would propose that it come at
the very end of (E) on Page 16. Just have a sentence that would state; the timing of the
construction of the fire station, and EMS station, and provision of equipment shall be agreed
upon by the Developer and the Town Board prior to the commencement of construction for
Phase I of the development.
Councilman Monahan-What kind of construction are we talking about infrastructure or building
structure and should it be specified?
Attorney Dusek-Construction would mean either one.
Councilman Monahan-I wouldn't care if they waited until the building is constructed.
Mr. Brandt-The fire department wants us to have equipment up there for handling emergencies
of personnel during construction.
Supervisor Borgos-Page 17, I have a question about the language I know what your intent is.
In any event, the people mover shall be installed prior to the completion of, I would just say �!
50'L>. If you say at least 50% that means you could wait until you have 80%. Your intent is
to do it at 50% or before right?
Attorney Persico-Yes.
Councilman Monahan-I wasn't sure what they refer to when they use the word "village", if
they're talking about the commercial part of it or if they're talking about the commercial
plus the houses or what?
Mr. Krzys-The village is the retail space, motel, health spa, commercial.
Councilman Monahan-Your name before was West Mountain Villages so I thought that should
of been specified in there a little bit.
Attorney Dusek-Do you want to say the commercial village portion.
Councilman Monahan-Yes.
Supervisor Borgos-With commercial being small letter "c". Village stays but, with a capital
letter. Page 18 and 19 I have no problems with.
Attorney Persico-Page 19, letter (g) we have a change.
Attorney Dusek-I don't have the language. Paragraph (g) essentially says; if any improvements
are required to the Town other than return the money you don't have to do anything else.
The Developer wants to add a additional sentence after (g) ends reading, in such event the
Illeveloper or Town shall be entitled to present viable alternative improvements to Queensbury
as lead agency for inclusion in the F.E.I.S. at the Developers expense and the Town involved
if within it's jurisdiction shall if such improvements meet all State and Local Laws and
regulations undertake and complete such improvement. In otherwords, if the improvements
that have all been planned for herein do not comply or the Town doesn't wish to undertake
there the Developer has the option of coming back to the Town and saying, here are further
alternatives and the Town has also the option of producing other alternatives but, one of those
has to be agreed upon and completed by the Town. The Town at some point may incur an
obligation or expense to complete once aspect of the project with the Developer paying his
pro-rate of share.
39
Supervisor Borgos-Give me a for-instance case.
Attorney Dusek-highway improvements. If there is a highway improvement that is called
for herein and the Town Board finds for-instance that it cost one million to complete and tare
Developers share is $250,000 that means the Town has to come up with an additional $750,000
to complete that particular improvement and say if the Town Board decides it doesn't want
too at that point the Developer has the option of coming back for with other alternatives which
rnrry or not be within the Town. But, ultimately you have to settle on an alternative.
Councilman Kurosaka-There is nothing wrong with the language.
Councilman Monahan-Earlier in that paragraph is talks about Towns with an "s", I think I heard
You say just Town.
Attorney Dusek-It should be Towns.
Attorney Persico-Otherwise we could not get financing.
Supervisor Borgos-Do you agree with that sentence?
Attorney Persico-Yes. We would remind you that on Page 9 (a), we would like to add this
language specifically with regard to Town Roads.
Supervisor Borgos-Separate paragraph?
Attorney Persico-Right at the end of what's, is there now.
Supervisor Borgos-Let me ask our attorney if this is acceptable?
Attorney Dusek-To be consistent if probably should be in here as well. When we're done with
the agreement I would like a few moments just to take a look to make sure that the Impact
of this change as well as a couple of others we've made doesn't cause any additional problems.
Supervisor Borgos-Page 20 we took care of.
I
Councilman Monahan-Page 21, (f). The Developer agrees that whenever blasting is to occur
on the site of the PUD/PDD, property owners, what property owners?
Attorney Persico-It's in the F.E.I.S.
Attorney Dusek-I imagine it would be the property owners within the development.
Cormcilman Monahan-It will be adjacent to how many feet.
Supervisor Borgos-Property owners adjacent.
Councilman Monahan-Even adjacent it's going to have more effect.
Supervisor Borgos-That's why we said the media. I would also like to add that the Town will
he notified the Town Clerk's office can take care of that.
Attorney Dusek-Just adjacent property owners or do we go out a certain distance?
Supervisor Borgos-I think it's so vague realistically the only thing is the news media approach.
I think a 12 hour notice.
Taped turned.
Supervisor Borgos-You'll have to notify the Town Clerk.
Councilman Monahan-Mike, are you going to permit hunting up there?
Mr. Brandt-We have for years we've tried too.
Councilman Monahan-Tried or not tried?
Mr. Brandt-We have no hunting our lands are all posted they have been for many years I'd rather
see the deer than the deer hunter.
Councilman Monahan-I ask this because Steve mentioned rattling windows and I ha'd some
problems in my neighborhood from guns going off and constituents calling because it was rattling
their
40
windows.
Mr. Brandt-I don't think you'll find hunting on this property.
Councilman Potenza-Paul, did you get that addition for the Town Clerk added to that sentence?
Attorney Dusek-Yes. Page 21 right after PUD/PDD, is when the people can be notified the
Town Clerk, property owners etc.
Supervisor Borgos-Page 22.
Councilman Monahan-I didn't understand the last sentence in (I). -The lighting used will be
1
that which is commonly known as hooded lights, except for ski trails. I don't know what it
means.
Councilman Kurosaka-Ski trail lighting is a high intensity wide flooding lighting.
Councilman Monahan-The lighting used will be that which is commonly known as hooded lights,
except that used on the ski trails.
Attorney Dusek-Except that used on the ski trails.
Councilman Monahan-It didn't make much sense the way it was.
Supervisor Borgos-Page 23. There is a mistake in the second paragraph down W. I think it
should say, the Developer shall notified the towns of any bankruptcy or other court action
rather of the.
Attorney Persico-Agreed..
Supervisor Borgos-Anything else on Page 23 or 24? At this point I'm satisfied this document
is complete and revised before we do anything with it I'd like to call your attention to a couple
of things in another document.
Attorney Dusek-Before we leave that document.
I
Supervisor Borgos-We have a revision on the last page. Cross off West Mountain Villages,
section.
Attorney Dusek-There are just two minor changes to Page 11, I think this is consistent with
what everybody's understanding is but, I thought that it should be clarified. Page 11, Wastewater
Collection and Treatment, 3rd line from the bottom where it says, wastewater systems which
satisfy SERRA regulations and review, that is referring to their alternatives that they can
huild if their capacity is in some fashion used. I would propose that after wastewater systems
the following language be added; just following the same procedures of Town Board reviewed
as outlined above for a complete sewer system. In otherwords, they have to propose the
alternatives you have to review them.
Mr. Brandt-Why does the Town Board have to be involved what expertise do they have in that
field?
Attorney Dusek-They are lead agent it would have to be necessary to make sure that it is in
compliance with the document that they've created.
Supervisor Borgos-SERRA Findings I'll just call your attention to a couple of comments. We've
nil agreed that the attorney's will go back though and make all the documents conform with
one another.
Everyone-Agreed.
Supervisor Borgos-The only concerns that I have in the SERRA Findings and they're limited
to a few items. Page 8, you refer to secondary treatment at the Glens Falls Wastewater Plant. !
I would like to add in the word primary because we know on the base. . . is a deficiency in
any event that the primary treatment will go to the Glens Falls Plant and they've given you
some numbers for the probable cost for upgrading that. It really should say the cost of the
primary and secondary changes that have to be made at the Glens Falls Plant just so there
is no problem in the future.
Attorney Dusek-Where will that language go?
Supervisor Borgos-The top of Page 8. It will be conveyed to Glens Falls Municipal Wastewater
41
Treatment Plant for primary and secondary treatment and then wherever it refers to secondary
again.
Councilman Kurosaka-You have secondary treatment without primary treatment.
Supervisor Borgos-I think you will be happy with this recommendation rather than sadden by
it, I think you'll be happy. One of the problems that we have in our Water Treatment Plant
that is sludge disposal. One of the alternatives that we've been looking at is to put this stuff
in a truck and haul it to Glens Falls Sewage Treatment Plant every so often. Our engineer
has recommended the possibility of tying in a small sewer line probably a little forcemain
front the Water Treatment Plant to tie into your sewer line. If we could agree if you permit
that with the water district picking up the cost of making the connection at a pro-rated share
of the construction I think it would be cost beneficial to everybody. We're looking at a very
small amount of flow.
Councilman Kurosaka-It's not running all the time either.
Supervisor Borgos-It's just a simple way to solve a big problem that we're going to have.
Attorney Persico-Are we back in the findings?
Supervisor Borgos-I picked this up in the findings it probably has to get back in at some later
point.
Attorney Dusek-I think it should go in the contract. It probably could go underneath the
Wastewater District, contract.
Attorney Persico-Under treatment?
Attorney Dusek-Or we could add a new paragraph #6, and address it there.
Supervisor Borgos-That the Developer agrees to permit the sludge of the Water Treatment
Plant to flow into the sewer if the connection and the pro-rated share of the capital is paid
for by the water district.
Attorney Dusek-Would that be satisfactory to everyone? Can you repeat that again?
Supervisor Borgos-That the Developer agrees to permit sludge from the Water Treatment Plant
to flow into the sewer line if the cost of the connection to the sewer line and a pro-rated share
of the capital cost that portion of the sewer line to be used.
Mr. Brandt-You really have to say that the sludge material is compatible with the system.
Supervisor Borgos-Right. We will have to have a sentence there saying, that providing that
the cost are paid for by the consolidated water district. Further line based on what Mr. Brandt
has just said. This connection maybe made with the understanding that the material to be
introduced into the sewer line is compatible according to current engineering standards.
Councilman Monahan-Page 16. 1 would like to take a sentence right out because I don't think
if we're making this statement we can say this; Finally, the relatively large proportion of
seasonal resident population should result in reduced air pollution compared to a development
of similar size consisting of permanent residences. I don't think there is a basis for leaving
that in there at least not from the Town Board.
Supervisor Borgos-Other than the fact they are only going to be there part of the year instead
of all of the year.
Councilman Monahan-You don't know that. You don't know what part they are going to be
there how many are going to end up being permanent.
Supervisor Borgos-Do you have any argument about cutting out that whole sentence?
Attorney Persico-No..
Supervisor Borgos-Page 22, Item (h), Over time, this new industry instead of is expected we
should replace that with the word may, it is consistent with the changes we have made all
the way through this. It should read may become a major economic force in the region. Item
(j), we have to insert some words it should read, with an annual economic impact that may
reach $265,000,000.
Councilman Monahan-According to the Developer.
42
Supervisor Borgos-Right. That has an asterisk so we have to go over to the next page and
follow the asterisk. It says, these figures were reviewed by and concurred with by Dr. Peter
Prosper, professor of economics at Union College. I think it should read; Dr. Peter Proposer,
professor of economics at Union College, a consultant to the Town of Lake Luzerne. I just
want to further identify who he is.
Councilman Monahan-I have a question of on the top of Page 6, in the Draft. It is understood
that the Developer may seek permission from whom?
Attorney Dusek-From whomever it is necessary.
I
Councilman Monahan-Page 13 you have a typo.
Supervisor Borgos-Improvement is spelled wrong. I don't have any other items with the
understanding that the attorney's get together and make these things conform. I would like
to ask our attorney if he would recommend which order in which we should do this do you want
to have ten minutes to go through this.
Attorney Dusek-Yes.
(Town Attorney has gone to review propose changes in the PUD, resolutions now to be done)
i
43
RESOLUTION TO SET TOWN BOARD MEETING
RESOLUTION NO. 3, 1990,1ntroduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that pursuant to Section 62 of the Town Law of the State of New York, regular
meetings of the Town Board of the Town of Rueensbury shall be held on the first and third
Mondays of each month hereafter at 7:30 pm at the Rueensbury Center, 531 Bay Road, Town
of Queensbury, unless such days and times are changes with prior public notice. The regular
meetings for January are hereby set for 8th and 22nd. The regular meetings for February
will be 5th and 26th.
Duly adopted this 2nd day of January, 1990, by the following vote:
A Y RS: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
AHSENT:None
RESOLUTION ESTABLISHING RULES OF PROCEDURE
RESOLUTION NO. 4, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that pursuant to the authority granted by Section 63 of the Town Law of the State
of New York, the Town Board hereby determines that Robert's Rules of Order shall be its rules
of procedure during the year 1990, except when the same are not in accord with the Town Law
or with other resolutions of this Board.
T)ul,y adopted this 2nd day of January, 1990, by the following vote:
A Y 1;S: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
N01:S: None
A 13SENT:None
RESOLUTION DESIGNATING OFFICIAL NEWSPAPER
RESOLUTION NO. 5, 1990,lntroduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mrs. Betty Monahan:
11.1;SOLVED, that pursuant to Section 64, Subdivision 11 of the Town Law of the State of New
York, the Post Star is hereby designated as the official newspaper of the Town of Rueensbury.
Duty adopted this 2nd day of January, 1990, by the following vote:
AYT;S: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOT?S: None
ARSENT:None
RESOLUTION DESIGNATING OFFICIAL BANKS
RESOLUTION NO. 6, 1990,lntroduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mrs. Betty Monahan:
RI,SOLVED, that pursuant to Section 64, Subdivision 1 of the Town Law of the State of New
York, the following be and they hereby are designated depositories for the funds of the Town
of Rueensbury for the fiscal year 1990:
Chase Lincoln First Bank, NA
First National Bank of Glens Falls
Glens Falls National Bank and Trust Company
Key Bank, NA
Norstar Bank of Upstate New York, and be it further
111:SOLV17.1), that authority be and hereby is delegated to the Town Supervisor to determine
the accounts and the amounts to be deposited in each bank. '
44
t)uly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A RST:NT:None
RESOLUTION REGARDING FINANCIAL REPORT OF THE TOWN SUPERVISOR
RESOLUTION NO. 7, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Supervisor be and hereby is permitted and allowed to file a copy
of the Annual Financial Report to the State Comptroller, as required by Section 30 of the
(,enerat Municipal Law with the 'Town Clerk on or before March 1, 1990, in lieu of filing a
separate financial report as required by Section 119, Subdivision 2 of the Town Law by February
1, 1990.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSF,NT:None
RESOLUTION AUTHORIZING ATTENDANCE AT ANNUAL )MEETING OF THE ASSOCIATION
OF TOWNS
RESOLUTION NO. 8, 1990,1ntroduced by Mrs. Marilyn Potenza who moved for its adoption,
weconded by Mrs. Betty Monahan:
R T;SOLV Tsl), that pursuant to Section 116, Subdivision 10 of the Town Law of the State of New
York, the following Town Officers and employees be and they hereby are authorized to attend
the ar►nual meeting of the Association of 'Town of the State of New York to be held in New
York City on February 19-21, 1990:
Town Supervisor
4 'Town Councilmen
Town Attorney
Town Justices
Depr►t.y 'Town Clerk
Deputy Court Clerk
Director of Building & Code Enforcement
Planner, and be it further
RESOLVED, that the Town Supervisor be and he hereby is authorized to cast the vote of the
Town of Queensbury in said Association, and in his absence, Councilman Marilyn Potenza is
to cast the vote of the Town, and be it further
RrSt)LVED, that all necessary and reasonable expenses incurred at this meeting are a proper
Town charge.
1)uly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
t4OT:S: None
A BSF,N T:None
RESOLUTION SETTING BONDED ACCOUNTS FOR CERTAIN PUBLIC OFFICIALS
RESOLUTION NO. 9, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
WTIEREAS, Town Law, Section 25, requires towns to bond certain public employees, and
W11EREAS, local governments are delegated the authority to set the amount of the bonds for
such public employees, and
4�
WHEREAS, the Town Board has caused a review to be made of the amount of the bond to be
set after considering the actual responsibilities performed and in accordance with the guidelines
establishes by the Office of the State Comptroller, NOW, THEREFORE, BE IT
RESOLVED, that for the calendar year 1990, Public Employee Bonds, pursuant to Section 25
of the Town Law, are hereby set as follows:
Town Supervisor 100,000
Receiver of Taxes 100,000
'town Clerk 100,000
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A[IS 1,NT:None
RESOLUTION TO ESTABLISH SALARY
RESOLUTION NO. 10, 1990,Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
RESOLVED, that the fees for members of the Planning Board and 'Zoning Board of Appeals
he set for the year 1990 as follows, per meeting:
Chairman: 35.00
Secretary: 30.00
Member: 25.00
1)uly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT:None
RESOLUTION TO AUTHORIZE PURCHASE OF POSTAGE FOR WATER WASTEWATER AND
HIGHWAY DEPARTMENTS
RESOLUTION NO. H, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, it is deemed advisable to purchase stamps for use of the Water, Wastewater and
Ilighway Departments for small mailings rather than using the postage machine at the Town
Office Building, NOW, THEREFORE, BE IT
RESOLVED, that each department shall be allowed to purchase 200 stamps and the supply
be replenished as needed.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOELS: None
Al3SENT:None
RESOLUTION TO APPOINT TOWN ATTORNEY
RESOLUTION NO. 12, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Rueensbury hereby reappoints Mr. Paul B.
Dusek as Town Attorney for a two year term, commencing January 1, 1990.
Duly adopted this 2nd day of January, 1990, by the following vote: ;
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
46
NOES: None
ABSFNT:None
RESOLUTION TO APPOINT SECRETARY IN HIGHWAY DEPARTMENT
RESOLUTION NO. 13, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
ItFSOLVF,D, that the 'Town Baord of the 'Town of tlueensbury hereby reappoints Mrs. Jean
Purner as Confidential Secretary in the Highway Department for the year 1990.
Duly adopted this 2nd day of January, 1990, by the following vote:
A Y 1sS: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A BS1:NT:None
RESOLUTION TO APPOINT JUSTICE CLERK
RESOLUTION NO. 14, 1990, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
H.ESOLVFD, that pursuant to Section 20, Subdivision 1 (A) of the Town Law of the State of
New York and pursuant to Section 109 of the Uniform Justice Court Act of the State of New
York, Phyllis Joslyn of New York is hereby appointed Town Justice Court Clerk, to serve at
the pleasure of the Board, and be it further
RESOLVED, that the Administrative Board of the Judicial Conference of the State of New
York he notified of the appointment.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOF,S: None
ABSIN'T:None
RESOLUTION TO APPOINT DEPUTY COURT CLERK
RESOLUTION NO. 15, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town .Board of the Town of Rueensbury hereby appoints Mrs. Karen
Stockwell as Deputy Court Clerk for the year 1990.
1)uly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A BSENT:None
ItESOLU`TION TO APPOINT DEPUTY COURT CLERK
RESOLUTION NO. 16, 1990,Introduced by Mr. Ceorge Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the 'Town of Rueensbury hereby appoints Mrs. Carol
Finamore as Deputy Court Clerk for the year 1990.
Duly adopted this 2nd day of January, 1990, by the following vote:
A Y i'S: Mr. Iurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
c
W ES: None
47
A BSENT:None
RESOLUTION TO APPOINT RECEIVER OF TAXES AND ASSESSMENTS
RESOLUTION NO. 17, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Rueensbury, pursuant to Section 20, Subdivision
6 (l ) of the Town Law of the State of New York and to Resolution no. 97, 1967, hereby appoints
Mrs. Betty Eggleston of Rueensbury as Receiver of Taxes and Assessments for a term to expire
1)(1cernber 31, 1991.
—� I)u1y adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A 13ShNT:None
RESOLUTION TO APPOINT PURCHASING AGENT
RESOLUTION NO. 18, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Darleen M.
Dougher as Purchasing Agent for the 1990 year.
I)uly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOBS: None
ABSENT:None
RESOLUTION TO APPOINT LANDFILL SUPERINTENDENT
RESOLUTION NO. 19, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Rueensbury hereby reappoints James Coughlin
as Landfill Superintendent.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A F3SENT:None
RESOLUTION TO APPOINT PARTS SHOP FOREMAN
RESOLUTION NO. 20, 1990, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Rueensbury hereby reappoints Mr. Everett
Voorhis as Parts Shop Foreman for the 1990 year.
1)111,y adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A 13S ENT:None
RESOLUTION TO APPOINT BUDGET OFFICER
RESOLUTION NO. 21, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
48
RESOLVED, that pursuant to Section 103, Subdivision 2 of the Town Law of the State of New
York, Stephen Borgos be and hereby is Budget Officer of the Town of Queensbury.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A 13SENT:None
RESOLUTION TO APPOINT REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS J
OFFICER '-
RESOLUTION NO. 22, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that pursuant to Section 4121, Subdivision 3 (A) of the Public. Health Law of the
State of New York, Darleen Dougher be and she hereby is appointed Registrar of Vital Statistics
and Records Access Officer, to serve at the pleasure of the Board.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A BSEN`I':None
RESOLUTION TO APPOINT TOWN HISTORIAN
RESOLUTION NO. 23, 1990, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Dr. Charles
R. Eisenhart to the position of Town Historian for the Town of Queensbury.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSI:NT:None
RESOLUTION TO APPOINT TOWN HEALTH OFFICER
RESOLUTION NO. 24, 1990,IntrodUced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Dr. Robert
Evans to the position of Town Health Officer for the Town of Queensbury.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Nt?l?S: None
A BSENT:None -AAA rLao
RESOLUTION TO REAPPOINT DIRECTORS OF THE QUEENSBURY ECONOMIC �
DEVELOPMENT CORPORATION
RESOLUTION NO. 25, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
W IIER L'AS, the 'Town Board of the Town of Queenshtiry has caused to be created the Queensbury
Fconninic Development Corporation, and
s
W11l;1iI:AS, the Town Board of the Town of Queensbury has the authority to appoint Directors
49
of the not-for-profit corporation, and
WIII,REAS, the By-Laws of the Oiueensbury Economic Development Corporation state that
appointments of Directors are for a one year term, and
WIIEREAS, the period of the term is from January 1 to December 31, NOW, THEREFORE,
B F IT
RFSOEVED, that the following persons are hereby appointed to serve on the Queensbury
Economic Development Corporation for the calendar year 1990:
Mr. Dean Beckos
Air. Frederick Champagne
Mr. Joseph DeMeo
Mr. Peter Firth
Mr. William Johnson
Mrs. Marilyn Potenza
Mr. Thomas Ross
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A BSENT:None
RESOLUTION ESTABLISHING MILEAGE ALLOWANCE
RESOLUTION NO. 26, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
RESOLVED, that pursuant to Section 116 of the Town Law of the State of New York, the sure
of $.23 1/2 per mile be and hereby is allowed for the actual and necessary use of the personal
automobile of any Town Official in the performance of his or her duties.
Drily adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A IISENT:None
RESOLUTION SETTING COMPENSATION FOR SCIIOOL CROSSING GUARD AND COURT
ATTENDANT
RESOLUTION NO. 27, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
RESOLVED, that the daily rate for special policemen of the Town of Rueensbury be established
as follows:
School Crossing Guard: $15 per day for normal school hours,
plus $6.00 per hour for hours worked
over 2 hours per day
Coiirt Attendant: ' $7.50 per hour
lltrl,y adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOI?S: None
ABSENT:None
RESOLUTION TO SET SALARIES Ak- Ar.or.4l,) 114 a P7• V 1
RESOLUTION NO. 289 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. George Kurosaka:
50
RESOLVED, that the following salaries are set for 1990:
Administrative Assistant 25,500
Assessor 40,000
Asst Bldg & Zoning Enfrcmt Officer 22,200
Asst Bldg & Zoning Enfrcmt Officer 25,000
Asst Bldg & Zoning Enfrcmt Officer 24,000
Asst Bldg & Zoning Enfrcmt Officer 24,000
Billing Supervisor 21,000
Bookkeeper/Dir Accounting Services 271500
Bridget Officer 3,000
Cemetery Superintendent 26,500
Chief Water Treatment Plant Operator 34,800
Confidential Secretary, Attorney 19;000
Confidential Secretary, Highway 17,000
Confidential Secretary, Supervisor 19,500
Court Clerk 20,000
Deputy Court Clerk 18,500
Deptity Court Clerk 17,000
Deputy Director of Wastewater 24,500
Deputy Fire Marshal 21,000
Deputy Ilighway Superintendent 35,000
Deputy Supervisor 750
Deputy Town Attorney 35,000
Deputy Town Clerk 19,000
Deputy Town Clerk 17,800
Deputy Water Superintendent 7,700
Director, Building & Code Enforcment 31,700
Director, Parks & Recreation 31,000
Director, Waste Water 200/wk
Fire Marshal 24,000
llealth Officer 7,000
Historian 1,000
Maintenance Supervisor, Water 27,000
Parnlegal 19,500
Parts Shop Foreman 22,400
Planner 27,000
Planning Assistant 19,500
Principle Account Clerk 20,000
Purchasing Agent 2,000
Real Property Appraiser 20,000
llenl Property Tax Service Assistant 17,500
(deceiver of Taxes 22,000
Senior Planner 36,000
Solid Waste Facility Operator 32,000
Superintendent, Buildings and Grounds 24,000
Town Attorney 65,000
Water Superintendent 42,000
Zoning Administrator 26,300
Duly adopted this 2nd day of January, 1990, by the following vote:
A Y l:S: Mr. Kurosaka, Mr. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOF,,S: None
ABSI,NT:None
Rl'sSOLUTION TO SET WAGE RATES
RESOLUTION NO. 29, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, I
seconded by Mrs. Marilyn Potenza:
BF,S01,VED, that the following wage rates are set for 1990:
Account. Clerk-Accounting Office 7.75/hr
Assistant to the Assessor 7.50/hr
Confidential Secretary, Attorney 8.43/hr
Data Collector 7.60/hr
Ideal Property Tax Service Assistant 8.41/hr
Senior Account Clerk-Accounting Office 8.43/hr
51
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
AI3SEN'I':None
RESOLUTION APPROVING CONTRACT WITH NORTH QUEENSBURY VOLUNTEER FIRE
CO., INC. TO PROVIDE FIRRE PROTECTION FOR THE FIRE PROTECTION DISTRICT
RESOLUTION NO. 30, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. George Kurosaka:
WHEREAS, a proposed agreement between the Town of Queensbury and the North Queensbury
Volunteer Fire Company, Inc., for fire protection for the fire protection districthas been
presented at this meeting, and
WHEREAS, the form of said agreement has been approved by Paul B. Dusek, Town Attorney
for the Town of Queensbury, and
WTIlREAS, it appears that said proposed agreement is fair and reasonable,
NOW, 'I'IIEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the fire protection
district, enter into said contract with the North Queensbury Volunteer Fire Co., Inc., in the
form presented at this meeting and to be made a part of the minutes hereof, for fire protection
for the fire protection district, and
RF, IT FUR'T'HER
RESOLVED, that the Supervisor of the Town of Queensbury be and he is hereby authorized
to execute said contract, on the form provided, on behalf of the Town of Queensbury and the
fire protection district.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYI?S: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ARSENT:None
RESOLUTION TO AMEND RESOLUTION NO. 25 QUEENSBURY ECONOMIC DEVELOPMENT
CORPORATION
RESOLUTION NO. 31, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
NOW, 'THEREFORE BE, IT
RESOLVED, that Resolution No. 25 of 1990 entitled Resolution To Reappoint Directors of
the Queensbury Economic Development Corporation be amended as follows to add Mr. George
Kurosaka be added as a member to serve on the Queensbury Economic Development Corporation
for the calendar year 1990.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos `
NOES: None
A RSEN`T':None
COMMUNICATIONS
A. Letter submitted from Betty Eggleston, Receiver of Taxes, making the following
appointments: 1st. Deputy Darleen Dougher, 2nd. Deputy Judith Fish. (letter on file)
13. Letter submitted from Darleen Dougher, Town Clerk making the following appointments:
Caroline Mann Mitchell, Deptuy Town Clerk, Deputy Registrar of Vital Statistics, Deputy
Director of Purchasing.
52
Karen Clifford, 2nd. Deputy Town Clerk
Pheobie Tracy, 3rd. Deputy Town Clerk, (Conservation Licenses only)
(Letter on file)
C. Letter submitted from Paul Naylor, Highway Superintendent making the following
appointments:
Richard Missita, Deputy Highway Superintendent. (letter on file)
Supervisors appointments as follows:
Bookkeeper, Director of Accounting Services, E.J. Christensen
Confidential Secretary, Susan Appleyard
Deputy Supervisor, Marilyn Potenza
(Supervisor's letters on file)
Committee Appointments:
Pursuant to section 63 of the Town Law of the State of New York, I hereby appoint the following
committees to aid and assist the Town Board in the performace of its duties during the year
1990, with the first person names to serve as Chairman in each case:
Assessment Potenza Borgos
Beautification Montesi Monahan
Cemeteries Monahan Montesi
Elections Potenza Kurosaka
Pirn Protection/EMS Borgos Potenza
Highway Potenza Borgos
Industrial Development Potenza Kurosaka
insurance Monahan Borgos
Lake George Monahan Borgos
Landfill/Solid Waste Borgos Monahan
Library Monahan Potenza -- �
Lighting Kurosaka Montesi
Planning/Zoning Potenza Monahan
Recreation Potenza Montesi
Senior Citizens Monahan Montesi
Transporation Montesi Monahan
Wastewater Montesi Kurosaka
Water Montesi Borgos
RESOLUTION CALLING FOR EXECUTIVE SEESION
RESOLUTION NO. 32, 1990,Introduced by Mr. George Kurosaka who moved for its adoption
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury hereby moved into Executive Session
to discuss real property acquisition.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A BSENT:None I
i
RESOLUTION TO RECONVENE
RESOLUTION NO. 33, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. George Kurosaka:
1V 1l E'R i;AS, the Town Board of the Town of Queensbury hereby moved back into regular session.
Duly adopted this 2nd day of January, 1990, by the following vote:
53
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT:None
RESOLUTION APPROVING WEST MOUNTAIN DEVELOPMENT AGREEMENT
RE-SOLUTION NO. 34, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,"
seconded by Mr. Ronald Montesi:
Wlll?REAS, the Developer of the West Mountain Village Project has applied to the `Iown of
Queensbury for a Planned Unit Development District and to Lake Luzerne for a Planned Unit
District Development for the development of a recreation, home community on land lying
in portions of Queensbury and Lake Luzerne which development commonly known as West
Mountain Village Inc. is hereafter referred to as the project and
WIII?REAS, Queensbury as Lead Agency has completed and accepted a Final Environmental
Impact Statement for the aforesaid project and Queensbury and Lake Luzerne have after
consideration respectively proposed a West Mountain Development Agreement to be entered
into between the Developer, Lake Luzerne and the Town of Queensbury and
WHEREAS, the agreement has been presented at the meeting of the Town Board held on January
2nd, 1990 and the draft date of the document being December 28, 1989 and an original copy
of such draft being filed with the Clerk and
WIIF.REAS, the Town Board on the evening of January 2nd, 1990 had the Town Attorney dictate
a list of amendments to the said agreement which amendments had been heard by the Town
Board members and made a part of the record.
NOW, THEREFORE, BE IT
RESOLVI:I), that the Town Board of the Town of Queensbury hereby approves the West Mountain
Development Agreement and the revisions to said agreement dictated into the record by the
Attorney and be it further
RESOLVED, that the Town Board of the Town of Queensbury hereby directs that the Town
Clerk type said dictated revisions to the agreement and attach them to the original agreement
in tier possession and be it further
RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized to
sign and execute on behalf of the Town Board of the Town of Queensbury said agreement and
addendum thereto, and be it further
RESOLVED, that this resolution shall be subject to the acceptance by Luzerne of this agreement
and farther this resolution is being considered simultaneously with the adoption of a statement
of SEQRA Findings and resolution to create the West Mountain PUD however this resolution
riot to be interpreted as approving either the aforesaid documents.
Duly adopted this 2nd day of January 1990 by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A BSENT:None
West Mountain Development Agreement (attached to minutes)(,q �y, 1
RESOLUTION APPROVING STATEMENT OF SEQRA FINDINGS FOR THE WEST MOUNTAIN
DEVELOPMENT
RESOLUTION NO. 35, 1990,Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WIIEREAS, the Town Board of the Town of Queensbury on the same date has considered and
approved a development agreement between West Mountain Development and the Town of
Queensbury and the Town of Lake Luzerne and
WIIERFAS the Town Board of the Town of Queensbury has completed a Final Environmental
Impact Statement with regard to the West Mountain Village Project, and
i
54
W 111:REAS, pursuant to the rules and regulations of the Department of Environmental
Conservation promulgated in accordance with the State Environmental Review Act, it is
necessary for the Town Board prior to taking any action to approve the Planned Unit
Development must make a Statement of Findings based upon its environmental impact studies
and statement and
WHEREAS, a proposed statement of SEQRA Findings has been presented to the Town Board
n copy of which is in possession of the Town Clerk of the Town of Queensbury the same being
dated with the draft date of December 28, 1989 and
WHEREAS, the said proposed Statement of SEQRA Findings has been amended, and amendment
to the same has been dictated into the record by the Town Attorney for the Town of Queensbury
with such amendments to being identified and to be annexed to the proposed Statement of
SEQRA Findings by the Town Clerk for the Town of Qrneensbury,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the
Statement of SEQRA Findings as proposed with the amendments dictated into the record by
the Town Attorney for the Town of Queensbury.
Duly adopted this 2nd day of January, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
A 13SENT:None
Sl:QRA Finding For West Mountain .Development (attached to minutes))RESOLUTION IN RELATION TO CREATION OF WEST MOUNTAIN VILLAGE PLANNED UNIT
DEVELOPMENT DISTRICT
RESOLUTION NO. 36, 1990, (attached to minutes)
i
Pf SPECTFULLY SUBMITTED,
Darleen Al. Dougher
Town Clerk
Town of Queensbury
t
PESOLUTION IN RELATION TO C EATION OF WEST MOUNTAIN VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
P.r!F,nL'TTION NO. 36, 1990 , Introduced by Mr . George kurosaka
who moved for its adoption, seconded by Mr. Ronald Montesi :
WItFEEAS , the West Mountain Village (hereinafter sometimes
r-ferred to as the "Project" ) is a planned recreational
I11:1mP community proposed to be situated on approximately
2. 7P5 acres of land in portions of the Towns of Queensbury
and Lake Luzerne, County of Warren, State of New York, and
is essentially bordered by West Mountain Road to the east,
rt:q inth Road to the south and west, and Luzerne Mountain
Road to the north; and
WHEREAS, West Mountain Villages, Inc. filed an application,
j dated April 14, 1987, for a Planned Unit Development
district (PUD) -for that portion of the West Mountain Village
proposed to be located In the Town of Queensbury, in
a--c-rdance with Article 15 of the Town of Queensbury Zoning
Ordinance; and
WIiEREAS, can December 11 , 1987 West Hountain Villages, Inc .
transferred all of its interest in the West Mountain Village
project to West Mountain Realty Limited Partners, and
WHEREAS, Welt Mountain Villages, Inc , filed an application
dated April 23 , 1987, for a Planned Development district
(PDD) for that portion of the West Mountain Village proposed
to he located in the Town of Lake Luzerne, in accordance
with Article II of the Town of Lake Luzerne Zoning
( Ordinance; and
WHEREAS, on or about April 28, 1987, the Town of Queensbury
designated itself lead agency for review of the aforesaid
application for purposes of the State Environmental Quality
Review Act (SEQRA) ; and
WHEREAS,- on May 24, 1988, an initial draft Environmental
Impact Statement (DEIS) was accepted and deemed complete by
+he Town Hoard of the Town of Queensbury, as lead agency;
and
WHEREAS, on June 3, 1987, the Town of Lake Luzerne Planning
Board reported to the Town Board of the Town of Lake
Luzerne , pursuant to Section 9,$. 1. c of Article II of the
Town of Lake Luzerne Zonin' Ordinance, its recommendation
for approval of the West Mountain Village PDD; and
WHEREAS ,, on June 14, 1988, the Town of Queensbury and the
Town of Lake Luzerne entered into an Intermuni+cipal
Agreement relating to [agreement on] the designation of the
Town Board of the Town of Queensbury serving as the so-le
lead agency for the review of the proposed West Mountain
F
Y
''i '. lage PUD and PDD, and providing for the coordination of
the review thereof; and
wItFREAS , on June 21 , 1988, in the Town of Queensbury, and on
'u n 22 , 1988 in the Town of Lake Lucerne, the Town of
Queensbury, as lead agency, held public hearings on the
PTIS, and accepted comments thereon until June 25 , 1988;and
WHEP.F.AS, on November 14, 1988 the Town Board of the Town of
Queensbury, as lead agency, accepted and deemed complete
` 1pplpment I to the DEIS; and
WHEREAS', on December 1 , 1988, the Town of Queensbury, as
lead agency, held a public hearing on the DEIS Supplement I ,
an0 accepted comments thereon until December 26, 1988 ; and
WHEREAS, the Town of Queensbury Planning Board, by resolution
dated March 7, 1989, reported to the Town Board of the Town
of Queensbury, pursuant to Section 15 .474 of Article 15 of
the Town of Queensbury Zoning Ordinance, its favorable
recommendation for the establishment of the proposed West
Mountain Village PVD and farther recommended that the said
Town Board proceed with the rezoning for the PUD and that a
public hearing be held thereon and
WHEREAS, on March 28, 1989 , the Town Board of the Town of
Queensbury, as lead agency, accepted and deemed complete the
Second Supplement to the DEIS; and
WHEREAS, on April 13, 1980, pursuant to General Municipal
Law Section 239--m, the Warren County Planning Board
recommended conceptual approval of the proposed West
Mountain Village PVD and PDD; and
WHEREAS, on April 25, 1989, the Town Board of the Town of
Queensbury, an Lead agency, held a public hearing on the
Second Supplement to the DEI''S, and comments were held
thereon until May 8, 1989, and on the same date, pursuant to .
Article 15 of the Town of Quieensbury Zoning Ordinance, held
a public hearing to receive comments on the proposed West
Mountain Village PVD; and
WHEREAS , on April 26 19694 the Town Board of the Town of
Lake Luzerne held a public hearing on the proposed west
Mountain Village PDD and
WIiEREAS , on September 15, 1989, the Town Board of the Town
of Queensbury, as lead agency, , found the proposed hest
Mountain Village Final Envi'rotwotatal> Impact Statement (FEIS) ,
consisting of the DEIS and Supplements I and II , and the
substantive public comments thereon, and the responses to the
pubic comments, together with x ibi>ts and appendices, to be
in compliance with the require*ants of SEQAA, accepted the
FFiS as complete and filed a Notice of Completion of the
}
FEIS as required by 6 NYCRR Part 617. 10 (a) (2) ; and
WHEREAS, the public has had more than the 10-day period
required by 6 NYCRR Part 617. 9 (a) in which to consider the
FEIS; and
r WHEREAS, the Town Hoard of the Town of
a Queensbury has
finalized the Development Agreement assuring performance of
proposed mitigation measure in the FEIS and proposed
SEQRA Statements of Findings and,
to the extent possible, to
eliminate or avoid future obligations or other harmful
effects to the Towns of Queenthury and Lake Luzerne by
reason of the property involved being subdivided or
developed without adequate supporting infrastructure;and
WHEREAS, the Town of Queenssbury, as required under 6 NYCRR
Part 612.9 (c) has made the SEQRA Statements of Findings
concerning the proposed West Mountain Village PUD, which
based upon facts and conclusions derived from the FEIS ,
found that
"I . Consistent with social , economic and other essential
considerations from among the reasonable alternatives
thereto, the proposed rezoning (Planned Unit Development and
Planned Development District) to be approved is one which
minimizes or avoids adverse environmental effects to the
maximum extent practicable, including the effects disclosed
in the environmental impact statement adopted in this case.
2 . Consistent with social , economic and other essential
considerations, to the maximum extent practicable, adverse
environmental effects revealed in the environmental impact
statement process shall be minimized or avoided by
incorporating as conditions to •tire decision these mitigative
measures which were identified as practicable. "
i
y
NOW. THRREFORF. Rig: IT RR:;OI,VI-,D that the Town Board of the Town of
duet;nabury, put-suattt to Article 15 of the Town of Queenubury Zoning
Ordinance. hereby approves. et►acttt, adopts and creates Weat t1ountait►
Village Planned Unit Dovel.opsiont: District oil sprox: alatety 593+ acres of
land in the Town of Que►ennbury, consisting of 258 principAl buildings of
which 222 are anticipated to be res dent:i.al units and 36 to be
non-residential unite, which dintriet is more particularly described in
the aforesaid PUD application t►, the Town of
PP Queenahury and the FEI:".
4 prepared in connection therewith, and it is
FURTHRR RFXOLVP.D Phat_ thc• West Mountain Village PUD meets the
lrurposen and objectivett. and nll of the provisions and requirements of
Article 15 of the Town of ;Queenabury, Zonings Ordinance. vubject to the
coxtctitions and requi.retttents hereinafter set forth.
I. A niisttet ion The town seeks to admini.stex.i.n the most
ormi rona0nt.al ly sound t►►ant►er practicable. the West Mountain Village
Project. At the same time. it is the town's object to assure that the
Project will be undervikeu and completed so as to minimi.zo slid reduce
costs to tile Public by tho Developer paying a fair Vitro-rat.a ithare for
t=hoe:e improvemet►ts hereinafter. t+et. forth for tine provision of municipal
support services for the Project;. In recognition that the Project is of a
large scale, and that its comPlrtion is anticipated to lie phtttaed over n
twenty-year pet iod, subject to changes in economic and a►arket: conditions.
The town. to the extent 1-asiblr.. will administer the Project in
accordance with the terms hereof. and to the extent legally permissable.
to carry out tite provisions for constructs'.on and placement of major
j
specified capital impravennttntt:, on and off the Project Kite, with a
r:easotahlte degree of flexibility and adaptability.
2. Developer's Obligations. The Developer shall undertake actions agreed
to be performed in the aforesnid Development Agreement and conduct all
matters relating to the Went Mountain Vi.11age Project in accordance with
the representations made by the Developer in the Development Agreement.
Further they Developer shall undertake, construct, install end complete, or
cause to be undertaken, constructed, installed or completed, all
improvements specified herein and agreed to be performed under the
Development. Agreement, including the following categories of capital
improvements. more particularly described in the Develolment Agreement and
herein and in accordance with the terms and conditions of the Development
Agreement and herein:
-4-
a) Traffic improvements
b) Watte water col.lectioi, :+ysten,
c) Water supply and (listril►ution system
d) Fire protection and emergency medical services
and facilities
e) Stormwater management facilities
Such improvements shall. as appropriate, hereinafter be referred to
collectively as the "Improvement_s."
:3. Town's Representat.ionrt and Understanding. In consideration of
l:>eveloper's representat ions. covenants and warrantees in the Development
Agreement. the town board shall not impose further requirements for
:i:mpiovements or conditions other than abase set forth herein and the
Development Agreement. It is understood that enactment horecif is made in
reliance on the Developer's rt-pr esentations, covenants rand warrantees in
the Development Agreement.
The Town of Queensbury Plrtnnimg Board. in connection with any
Application for subdivisi,►n of ,,ite plan approvals or permits required
for develolnwnt of the Pr,tjecr. shall conduct necessary reviews and
approve, approve with modifictrtions or disapprove said applications
taking into cone:ideration the legally b tiding. effect of the terms and
conditions of t1sis PUD legislation and the statement of SH.QRA findings
upon which this PUD legislation is enacted.
M
r-
4. Improvement_ Schedule. The Developer shall commence and complete
i
work on the aforesaid Improvements in a timely manner. The Developer
shalt be entitled to receive approvals arid' permits without posting
bonds or contributing suma for improvements required pursuant to the
term,; of the Development Agreement. but shall not commence any work on
any phase or improvement (if the PUDIPDD until such time as the
Iteveloper shall have received all necessary government approvals and
permits and shall have posted bonds, if necessary, securing the work
or improvements to be made or pursuant to the terms of the Development
Agreement paid to the appropriate governing agency any sums required
as a contribution for a particular improvement. Any approvals or
permits issued by any government agency may be conditioned to the
extent that it prohibits construction work upon or in connection with
-5-
< the PUD/PDD until such time its necessary bonds or contributions have
been provided. Approvals or permits shell not be unreasonably
withheld for failure to perform on the part of n public agency
responsible for implementing an improvement so long as the Developer
full.ille its rvaponnib ill ties with regard to financial participation
` for its allocated ttltare of intprovesaents. It is understood that the
' Developer may seek permission for early site entry to initiate work
which may affect scheduling of Tong-lead work items such as clearinl;.
excavation end grading for master infrastructure, golf course and
village.
5. Ct>atstructiun _Standards. All Improveaents shall be constructed or
installed in accordance with all applicable state and local
construction standards anti specifications.
b. Exlftwitse k►cal Lawst. For the purpose hereof, those state and
local laws acrd ordinances in affect at the time of the enactment
hereof shall gavern performance of the Project. Any future laws or
`
ordinances or changes to current laws or ordinances shall apply to the
Project. provided, .howt.,ver, that unless such law or ordinance is
mandated by federal or state government,. (a) any amendments to the
gown's existing zoning ordinatrct4 shall not apply to development of the
Project and (b) any other lawn or ordinances shall not apply to the
i Project to the extent that: doing so would have the effect of reducing
the Developer 's density or use entitlements under the, existing zoning
ordinance. Nothing herein is intended to be construed as limiting or
negating the Developer's vested rights in the Project. This provision
shall not, however. in recognition of the exceptional natural beauty
of the Project site. and in furtherance of the preservation of these
dualities, diminish the Developer's rights during the site plan review
process to seek waivers or variances to design standards and
regulations, compliance with which sway have a detrimental impact on
the aesthetic or environmental qualities of the 'Project site. In
recognition that the Town of tluvensbury is currently considering new
freshwater wetlands ordinances, and/or new storm water osdi.narrces, the
Developer agrees that such regulations upon their adoption shall apply
to the development of the Project.
-6-
7 . Inspection and Certification. In the usual course of events the
inspections and certifications of buildings and facilities will be by
the town building inspectors. However, at the request of the
Developer anti, due to the magnitude of the proposed Project and the
fact that inspections of facilities under construction and completed
at any given time may place n considerable demand upon Town personnel
available for inspections and due to the fact that the Developer may
desire inspections upon nn expedited basis, to have inspections
performed, if legally peimist:able, at the Developer's expense, by an
engineering firm mutually acceptable to the Developer and the Town.
All engineering activities of this nature however, shall be done under
the general supervision of the town inspectors.
8. Dedication. The town agrees to accept the Developer's offers of
dedication of those improvements set forth -in the Development
Agreement upon receipt of a certificate of inspection and completion
of the improvement in accordance with the town specifications. If an
improvement is not contained ire the Development Agreement . the
Developer is not precluded from making an offer of dedication for such
improvement at some appropriate t:irve in the future, subject to the
Town's acceptance thereof .
9. Individual Impr.ovemetits. The following provisions pertain to
j specific aspects of individual improvements. They are to be read in
conjunction with the aforesaid statement of SEQRA findings.
a. Internal Poods . All roads offered for dedication within
the Project site will he cont.tructed to town highway specifications
(except where waivers are granted) as appropriate and at the
Developer's expense without any cost to the town. Private Roads need
trot be cont;tructed to '['own specifications, but the Developer
acknowledges that failury to do so may result in the Towns' refusal to
accept the same. In the event this occurs the Developer agrees not to
congest or cause to be contested the refusal to accept dedication of
said private roads. It: will not be necessary for every principal
building to he built upon a lot which has frontage on a public street
and thereby allow the use of private roads find relieve the Developer
from compliance with Queensbury Zoning Ordinance Section 4.077. It is
agreed that the Developer will indicate and identify all private roads
in Tiny of its deeds, homeowners association offering statements, other
—7—
instruments of conveyance. declarations of covenants and restrictions,
if any, and any promotional materials circulated. In addition, at the
time the Developer closes ou any parcel located on a private road. the
Developer shall present to the buyer a written statement stating the
fact that the property is located on a private road .
b. Off-Site Traffic Impacts.
(1) Project Phase I. Traffic improvements set forth iii
Schedule D needed by the end of the first five years of the Project
(Please I) have been identified and agreed upon. The Developer's fair
share of the estimated costs for these improvements are as set forth
in Schedule D. hereto annexed and made a part hereof for further
clarification. The costs as shown hereunder are not binding upon the
parties until the actual coats of the improvements are detei.mined.
(2) Subsequent Phases. Traffic improvements needed for
subsequent phases of development of the Project shall he identified in
accordance with the traffic monitoring program established in subpara-
graph 3 of this paragraph.
(3) Mori itoritig Program.
(a) It Is uudvrstood and agreed that, in order to
identify needed off-site traffic improvements for subsequent phaser:
and determine the timing and cost responsibility for such improve-
ments, an ongoing traffic monitoring program shall be established, and
to the extent not otherwise funded in the usual course of business by
the State, the counties or other agencies, at the Developer's expense.
The monitorint, program nhala be undertaken in conjunction with the
Technical Advisory Committee (TAC) of the Glens Falls Metropolitan
Area Transportation Council to determine actual traffic patterns and
volumes which develop so that the appropriate improvements can be
implemented on a timely basis. For the purposes of this monitoring,
program. the TAC will include representatives of Warren County
Department: of Public Worlcs, Town of Queensbury. Town of Lake Luzerne,
Saratoga County, Town of Wilton, Town of Corinth, Village of Corinth,
New York :Mate Department of Transportation. West Mountain Villages.
Inc. and others as may be appropriate. The monitoring program will be
undertaken over the duration of the construction of the Project and
will incorporate areas of Warren and Saratoga Counties from I-87 exito
16 through 21 and areas west to and including the towns of Corinth and
Lake Luzerne. The monitoring will be conducted in accordance with
standards and practices promulgated by the New York State Department
of Transportation and Warren County Department of Public Works.
-8-
(b) The determinations and recommendations made by
TAC shall be final and binding on the town, the Developer and the Town
of Lake Luzerne (referred to herein, for the purposes of the
monitoring program, as the "parties") , provided, However, that any of
the parties, whether or not such parties have the right to vote on the
recommendations of TAC shall, within fourteen (14) days of receipt of
such recommendation in writing, have the right to have any TAC
determination or recommendation brought before a professional traff is
engineer (selected by the parties and specifically accepted by the
towns of Queensbury and Lake Luzerne for review and further
determination or recommendation, which further determination or
recommendation shall be final and binding on the parties. Such parry
shaJl provide written notice of such request for further review to the
ether parties at the same time that the request is made to the traffic
engineer. Upon receipt of a request for further review, the traffic
engineer shall have f i l teen ON days or such addi t:iona t time as he
shall professionally and in writing determine is necessary, within
which to issue His further determination or recommendation to the
parties. The traffic engineer shall respond to only the specific
matter or matters brought before Him or her for review.
(c) In the event that TAC ceases to exist or for any
reason cannot tuprform the traffic monitoring program functions
described Herein, such function". shall be assumed and continued by a
professional traffic engineer selected by the parties at the
Developer's expense.
(d) The profescional traffic engineer to be selected
by the parties for the purposes of subparagraph (b) and (c) hereof
:shall be paid for by the Oeveloper and selected by the following
process which shall commence within thirty (30) days of the approval
of the PUD and PDD by Quennsbury and Lake Luzerne respectively, in the
following manner: Each party shall submit to the other parties the
name of a professional traffic engineer and, if the name of the same
traffic engineer is submitted all of the parties hereto, such traffic
engineer shall be the selected professional traffic engineer for the
purposes herein. Failing to select the professional traffic engineer
in this manner upon the first submission of names, the parties shall
continue the selection process, until a professional traffic engineer
is so selected. Any successor selected traffic engineer shall be
selected by the same process.
-9-
(4) Cost Sharing. The Developer shall be responsible for
its fair pro rata share of the cost of such traffic improvements in
accordance with the methodology set forth in the Development
Agreement.
(5) Payments and/or Cuarantees. Prior to the issuance of
building permits or the commencement of work pursuant to other
required approvals for a phase or stage of the Project for which
traffic improvements are generated or required as determined by TAC.
payment shall be made by the Developer to the public agency which is
responsible for implementing such i.mprovemeut in an amount agreed to
be its fair pro rata share, or alternatively funds shall be escrowed,
bonds posted, guaranteed, or otherwise committed by the Developer in a
form acceptable to that public agency which is responsible for
implementing each :improvement and both towns. funds provided by the
Developer sliall be used only for those improvements identified as
needed rind as intended by th(, TAC find the Developer, and not for any
other purposes. In the event that any public agency t:endeled the
funds or bonding required hereunder refusing to accept the same, the
Developer shall pay over the said sums or issue the bonds to the Town
of Queensbury and 'Town of Lake Luzerne as escrow agents with
authorization to expend the funds or bonds for the required
improvements.
(6) Whenever a traffic improvement under the
jurisdiction of Queensbury of Lake Luzerne has been identified as
needed under the monitoring program for a highwny or road to serve the
needs of the Project and other transportation facility users by the
respective towns, find after the town has held such hearings as may be
required, the Developer shall- tender, subject to financing, its fair
pro rata share of the cost for such improvement or, alternatively,
upon tbo issuance of a performance bond or other- security therefor in
a form acceptable to the Towtr. and such town shall undertake to
commence such traffic improvements. Notwithstanding the above. the
Developer shall pay for-, bond. escrow or deliver other acceptable
financial guarantees for legal costs. engineering or other procedural
costs required for such hearings as referenced above with such
payment£, or guarantees provided in advance of the proceedings or
-10-
hearings. Upon the Developor's so tendering payment and subject to
the Developer receiving all other required governmental approvals and
permits, neither town shall withhold its approval or peimit for any
phase or section of the Project necessitating the improvement,
regardless of whether the improvement is undertaken of completed,
provided however that in the event that such improvement is not
undertaken or completed, the town involved, other than to return
whfitever payments may have been received from the Developer, shall be
under no further obligation to the Developer with respect to such
improvement.
II
l
l�
-lOn-
(7) Whenever a traffic improvement has been identified as
needed under the monitoring program for a highway or road under the
jurisdiction of a governmental or municipal jurisdiction other than
Qiieensbury or Lake Luzerne, anti the Developer has tendered its fair
pro rata share of the cost for such improvement or, alternatively, a
performance bond or other acceptable security has been issued there-
for, Queensbury and Lake Luzerne shall not withhold its approval or
permit for any phase or section of the Project necessitating the
improvement, regardless of whether the improvement is undertaken or
completed .
(8) Right-of:-Way Acquisition. The Developer shall also be
responsible for its pro rated lair share of the cost involved with the
acquisition of rights-of.-way which may be needed for the construction
of traffic improvements. The ]developer's fair share shall be
calculated and the payment of such fair share sliall be due in the same
manner as all other traffic improvements. The Developer shall
cooperate with Warren County aitd the TAC regarding rights-of-way. It
is acknowledged that Warren County has jurisdiction and authority for-
the design of improvements on county roads anti, consequeutl.y, for
acquisition of additional right -of-way, if needed.
(9) The Developer small also participate in a program of
construction traffic management: which may include construction of pull
overs, time-of-day restrictions Find other measures determined by the
TAC, and if necessary pay its prorated share thereof at the time and
in the same manner as has been established for other traffic
improvements. Review of determinations are in accordance with
paragraph 10. b. 3. above.
(10) The Developer agrees that the entrance to the Project
on Luzerne Mountain Road w.l.11 be used as a secured, restricted
entrance with ready access for fire, police and medical emergency
vehicles only. The Developer will not use the entrance as a general
entrance to the Project and also agrees not to use the entrance for
delivery or for purposes of allowing entrance of construction
vehicles.
-11-
c. Wastewater Collection and Treatment.
(1) Treatment. It is understood and agreed that the waste-
water generated by the Project will be conveyed to the Glens Falls
municipal wastewater treatment plant for secondary treatment through
the utilization of sewer districts and serer pipes and associated
facilities constructed aiid sized in sufficient capacity to greet the
ultimate PUD/PL)D's needs or demand at the Developer's sole expense.
The town agrees that such capacity shall not be effectively diminished
by utilization of such facilities by any third party, but does not in
any manner covenant or represent that the said sewer facilities and
system ultimately developed by the Developer and the towns will be of
a sufficient size or constructed such as to meet the Project's need or
demand for sewer services. Further. in the event that after the best
efforts of the town herein, the Developer. for reasons beyond its
control is unable to secure consent of the City of Glens Falls for
wastewater treatment. the Developer has the right. at its own expense
for engineering. legal acrd construction costs, to propose alternative
wastewater collection and treatment systems that are environmentally
sound and which meet SEQR requirements and the towns shall consider
those alternatives. alone, with any other feasible alternative
wastewater collection and treatment systems, and the town agree to
accept one of the alternatives considered. As one of the alternative
' systems to be considered. the Developer agrees to propose a sewage
system which includes a tertiary treatment plant with no direct
discharge to the Hudson River. Further, in the event that any board
of any muteicipal entity which has legal jurisdiction over the
wastewater system reduces the availability of the wastewater capacity
to serve for use of the sewage pipes and facilities constructed by the
Developer for the Project, the Developer shall be allowed to build
alternative wastewater systems which satisfy SBQRA regulations and
review, with such systemr, only being 'designed to replace the lost
capacity resulting from the action of the municipality.
(2) Sewer Diatric:ta. Quoentsbury will take such action as
may be necessary to create a sewer district for the portion of the
site located in the Town of Que+ensbury. Lake Luzerne will create a
sewer district for the portion of the site located in the Town of
Luzerne. The Project sponsoi will work with and agrees not to oppose
-l1_-
s
the towns in the creation of these districts. All capital improvements
associated with the districts shall be dedicated by the Developer to
the respective governing boards for each district. which governing
boards agree to accept such dedication it the sewage pipes. and
M facilities are constructed to respective town and state standards.
3
{
(3) Goats/Guarantee. The Developer shall be responsible
for construction of the wastewater collection system including the
off—site and on--site costs of the installation of sewer trunk lines to
the site as well as the installation of the sewage collection system
required to convey wastewater throughout the development including but
' not limited to planning. engineering. financing. legal. public
advertising. administration. etc. The Developer shall pay to the
respective towns. at the time all necessary approvals and permits are
granted for Phase I of the Project, an amount of funds equal to the
said costa of the sewer system or. in lieu thereof, provide a
guarantee such as a performance band. letter of credit or other such
finai►cial guarantee in a form acceptable to the towns. in an amount
equal to such costs. The Developer shall be entitled to receive
! approvals and permits without pasting bonds or contributing sums for
improvements required pursuant to the tetras of the Development
Agreement. but shall not commence any work on any phase or improvement
of the PUD/PDD until such time as the Developer shell have received
all necessary government approvals and permits and shall have posted
bonds. if necessary. securing the work or improvements to be made or
pursuant to the terms of the Development Agreement paid to the
c appropriate governing agency any sutes required as a contribution for a
particular improvement. Any approvals or permits issued by any
government agency may be conditioned to the extent that it prohibits
construction work upon or in connection with the PUD/POD until such
time as necessary bonds or contributions have been provided.
Approvals or permits shall not be unreasonably withheld for failure to'
perform on the part of a public agency responsible for implementing an
improvement so long as the Developer fulfills its responsibilitic►s
with regard to financial participation for its allocated share of
improvements. It is understood that any subsequent newer district
fees shall not include any amount attributable to smortization of such
development costs except for any future capital improvements. Such
future improvements to the system may be assessed.
(4) Glens Valla Tre : t. It is understood that the -
Iteveloper shall make a fair share contribution to the Glens Falls
Wastewater Treatment Plant for treatment capacity and such payment
shall be due at the some time and in the same manner as with other
improve►ner►to under this contract. Said contribution
S
will be in the amount established by agreement with the City of Glens
3
Frills for the amount of sewage anticipated to be sent to the said
Glens Falls Treatment Plant. at full build-out of the PUD/PUD. Funds
to be paid hereunder shall be paid to the Town of Queensbury and/or
Y
- the Town of Lake Lucerne which iv turn shall pay the same to City of
j
Glens Falls.
(5) Sever Dist:fct Cz eatiop. Subject to (1) above. it is
agreed that the town shall not issue orders obligating it to create
the sewez district until the following events occur:
(a) The Developer and the City of Glens Falls enter
into a contract for sewer treatment capacity consistent with the
statement of SEW findings; and
(b) An acceptable payment is made by the 'Developer or
a guarantee for construction of the setter system is posted therefor.
(c) The Developer and the town shall use their best
efforts to obtain agreement of the County of Warren to convey an
easement required for the main setter line within. on or over any
county highway or road right-of-way under the control or jurisdiction
of the County.
d. Water Supply.
Y
(1) mater district. Domestic water for the Project shall
be supplied by the Town of Queensbury. The Town of Queeissbury shall
supply water in sufficient flows and quantity to allow the build-out
of the proposed Project in the portion of the Project within the Town
o!' Lake Luzerne. The Town of Queensbury agrees to take rsuch action as
may be necessary to create a water district: for the portion of the
site located in the Town of Queensbury and Lake Luzerne shall create a
water district for the portion of the site in the Town of Lake
Ltszerne. The Town of Queensbury shall provide water to the Lake
Luzerne Water District customers at a cost comparable to that charged
to other Qu<�enabury water disti iet customers. The Developer shall
work with and agrees not to oppose the towns in the crest ion of these
districts. All capital improvements associated with the districts
shall be dedicated by tine Developer to the respective governing boards
of each district. which districts agree to accept such dedication.
-14
(2) District Costs/Guarantee. The Developer shall pay all
capital costs associated witl► the development of the said water
district including but not limited to planning, engineering.
financing. legal. public advertising, administration. etc.. which
costs shall be guaranteed, bonded or otherwise paid by the Developer
in a manner which protects each of the towns and the respective water
districts from any financial liability. It is understood that any
subsequent water district fees for raster shall not include any amount
attributable to amortization of such development costs.
(3) Treatment Pliant Mpatnaion. The Developer shall pay
its fair share of the cocas to expand the Queensbury Water Treatment
Plant in }proportion to its Proposed water usage. . The Developer's fair
share shall he equal to the total and final cost of the water
treatment plant expansion x (PitD/PDD daily average water demand at
full build-out (in gallons per day)) divided by (total doily average
available water supply (in gallons per clay) available from the water
treatment plaint after expansion minus 3.75 million gallons) .
(4) Carne uct ion Costs/Guarantee. The Developer shall be
responsible for any and all capital costa for construction of said
water system including ttte costs of the installation of water supply
lines to the site as well as the installation of the winter distribu-
tion system and all Components thereof required to supply water
throughout the development an determined b the T �
y own Board of the Town
of Queenabury, and documentation for such costs shall be supplied to
the Developer upon request. At the time when the Town of Queensbury
Consolidated mater District notifies the Developer in writing that it
is proceeding to contract for design engineering for expansion of its
water treatment facilities, the Developer shall. subject to its
financing of the Project. commit its pro-rata share in accordance with
the formula in (3) above. Prior to the issuance of building permits
or other required approvals for a stage of the Project for which water
system improvements are required, payment will be made, or funds
escrowed, bonds posted, guaranteed or otherwise committed to that
Public agency which is responnsible for implementing each improvement.
Approvals or permits shall nt►t be untreanonably withheld for failure to
Perform on the part of a public agency responsible for implementing an
improvement so long as the Developer fulfills its responsibilities
with regard to financial participation for its allocated share of
imp r.oventen t s.
_J5-
e. Fire Protection. A fire station and emergency squad struc-
ture shall be constructed by the Developer in the Town of Queensbury
portion of the site at the top of Hest Mountain and leased to the fire
company as provided herein as a part of the first phase of the
- Project. In consideration of promoting rapid response in case of
emergency. the Developer shall be responsible for the costs of
construction of the fire station and rescue squad facility and shall
make such arrangements as may be necessary to offer to lease such
facility. together with the land upon which it shall be located to the
West Glenn Falls Fire Company at one dollar per year for a term of
five years. Further. the Developer will tender dedication of title to
such property and improvemesfts. free and clear of all liens. to the
West Glens Falls Fire Company y five years from the date of signing of
the lease agreement. The Developer shall also give to such fire
company. free and clear of all liens. fire fighting and emergency
medical services apparatus and equipment to be mutually agreed upon by
the Fire Company and rescue squad and the Developer and the Town of
Queensbury which equipment shall at all times be available for the
Project unless at mutual arid. Further. it is understood that the
Developer shall provide to the fired company fire fighting training at
state prescribed standards and be responsible for the costs thereof.
The Developer agrees to perform snow removal and ice control on and
about the fire station area to facilitate safe ingress and egress
therefrom. Should the West Glens Falls Fire Company fire district
boundaries be modified in the future so that a different fire company
shall have jurisdiction over the Project, or portion of the Project,
in which the fire and emergency medical services facilities are
located. said lease or ownership and control of the property.
equipment and apparatus provided by the Developer shall revert and be
transfered to the fire company having such jurisdiction.
At such time as the need therefor say be identified by the Town of
Lake Luzerne the Developer shall be responsible for the provision of
land, a fire station and emergency squad structure and equipment in
the Town of Lake Luzerne on the asses basis and conditions provided for
herein in the Town of Queensbury.
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f. Stormwater Management:.
(1) Developer shall be responsible for the entire cost of
capital construction of the stormwater management system. The
Developer also agrees that appropriate soil erosion standards and
stormwater regulations will be adhered to.
(2) The drainage system in the golf courses shall tie into
general site stormwater management system and be operated and
maintained by the golf course operators at the cost of such operators,
g. People Mover - In furtherance of the efforts to mitigate
traffic impacts of the proposed PUD/PDD, the Developer agrees to
install a people mover and establish the same as a significant source
of transportation to the PUD/PDD from West Mountain Road in the Town
of Queensbury to the proposed Village located above the ski area,
subject to the following. Whereas a people mover was proposed in the
FEIS as a measure to convey day-use visitors to the proposed Village
located above the ski area, and the need for such people mover is
directly related to the number of such visitors, the Developer agrees
to install a people mover or like mechanism capable of conveying the
required number of visitors. The timing as to when the people mover
is needed is dependent on the number of visitors to the Village. In
any event, the people mover shall be installed prior to completion of
at least 50% of the square footage of the building space proposed for
the Village portion of the Project. In the event that the people
mover is not installed, no further building permits for the Village
will be issued. The Developer agrees to install and operate a people
mover which is capable of, anti which actually does. produce sufficient
trips to meet the demand to acid from the development each day.
10. Guarantees.
a. Cost Sharing. The Developer shall be responsible for the
entire cost, or as appropriate. its fair pro rata share of the cost of
such capital improvements set forth in the Development Agreement.
b. Payments and/or Guarantees.
(1) Whenever an improvement under the jurisdiction
of Queensbury or Lake Luzerne has been identified as needed to serve
the needs of the Project and other facility users by the respective
towns, and after the towns have held such hearings as may be required.
the Developer shall tender, subject to financing. its fair pro rata
-17--
share of the cost for such improvement or , alternatively, upon the
issuance of a performance bond or other security therefor in a form
acceptable to the Town, and such town shall undertake to commence such
improvements. Notwithstanding the above, the Developer shall pay for,
bond, escrow or deliver other acceptable financial guarantees for
legal costs, engineering or other procedural costs required for such
hearings as referenced above with such payments or guarantees provided
in advance of the proceedings or hearings .
(2) Whenever an improvement under the jurisdiction
of a governmental or municipal jurisdiction other than Queensbury or
Lake Luzerne has been identified as needed, prior to the issuance of
building permits or the commencement of work pursuant to other
required approvals for a phase or stage of the Project for which
improvements are generated or required, payment shall be made by the
Developer to the public agency which is responsible for implementing
si►ch improvement in an amount agreed to be its fair pro rata stare ox
alternatively funds have been escrowed, bonds posted, guaranteed, or
otherwise committed by the Developer in a form acceptable to that
p►iblic agency which is responsible for implementing each improvement.
Funds provided by the Developer shall be used only for those
improvements identified as needed and as intended by the towns and the
Developer, and not for any other purposes. In the event that any
public agency tendered the funds or bonding required hereunder
refusing to accept the same, the Developer shall pay over the said
sums or issue the bonds to the town of Queensbury and Town of Lake
Luzerne as escrow agents with authorization to expend the funds or
bonds for the required improvements.
c. Approvals not to be Withheld. Upon the Developer's so
tendering payment or, alternatively, a performance bond or other
acceptable security has been issued therefor. the town shall not
withhold its approval or permit: for any phase or section of the
Project necessitating the improvement, regardless of whether the
improvement is undertaken or completed, and subject to the Developer
receiving all other required governmental approvals and permits,
neither town shall withhold itm approval or permit for any phase or
section of the Project necessitating the improvement. regardless of
whether the improvement is undertaken or completed.
d. Reductions. As improvements are completed and accepted, and
the government's risks are proportionately reduced, the extent of the
Developer's exposure under any commitment of assets, performance
-18-
bonds, letters of credit or other form of guarantee called for under
the Development Agreement shall also be so proportionately reduced.
e Use 2f Proceeds. The town shall use the proceeds from Any
guarantee only to complete the improvements and for no other purpose.
Guarantees or payments for work associated with planning• hearings.
design, or other procedural requirements will be provided in advance
by the Developer. Guarantees or payments for improvements will be
made by the Developer prior to the commencement of such improvements.
Moreover, the tom shall have no more than two (2) year to undertake
improvements, and shall complete each improvements within a reasonable
period of time, taking into account six*, scope and dimensions of the
particular improvement. If the town fails to do so within such time
periods, it -shall refund the proceeds received to the party obtained
from without interest. The town's right to complete improvements
shall to the extent practicable be limited to those improvements 2
reasonably required for those lots and developments sold or owned by
the Developer.
f. lion The town shall give prior written notice to the
Developer prior to exercising its rights under any guarantees. The
Town shall have complied with this request by mailing a written notice
stating the amount of funds that will betaken from the let'ter of
credits or the general nature of the improvement to be undertaken.
-- The notice shall be mailed by certified mail return receipt
requested. The Town may undertake to withdraw funds or perform
construction any time after the eViration of ten (10) days from the
date of mailing or upon receipt of notice by the Developer whichever
occurs soonest. All legal notices to Developer shall be mailed to the
Developer at its address above written.
g. In the event that improvements required pursuant to this
agreement are not undertaken or completed, the towns in"lved, other
than to return whatever payments may have been received from the
Developer, shall be under no further obligation to the Developer with
respect to said improvement.
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11. Miscellaneous Conditions
(a) . Developer agrees that it will undertake measures to preserve
the natural flora and fauna to the greatest extent possible. The
overall effect of development on wildlife habitat will be mini-
mized by the following:
Clustering of the development, thereby reserving 582 of the
site area as undisturbed Open space and 302 as revegetated open space
and to preserve ample open space for nesting.
Provision of wildlife movement corridors crisscrossing the
entire property to preserve movement patterns.
19a-
Phasing of development over an anticipated 20-year Y period.
subject to changes in economic and market conditions, allowing species
to adjust gradually.
- Maintenance of existing primary on-site drainage g patterns
which will protect the integrity of the wetland areas.
Buffer cones and erosion and siltation control measures to
�-- protect squatic life.
Disturbed areas will be revegetated in accordance with New
York Department of gnvironmeYrtal Conservation guidelines. if any.
(b). The Developer agrses to provide approximately 58% of
undisturbed open space under the PUD/PDJ). The Developer also agrees
to cluster in order to minimize impacts.
(c). in fulfillment of the town's subdivision regulations
and local laws governing the provision of open space and recreation or
the payment of fees in lieu thereof. the Developer agrees to dedicate
certain lands identified on the West Mountain Land Use Map as a park
to the town within the Adirondack Park portion of the site located off
of Luzerne Mountain Road in the Town of Lake Luserne for recreational
use by the general public. The land may be developed and facilities
may be developed by the Towns. which include parking limited to 12
cars or less, walking trails and areas for pienicing and fishing. The
Developer will provide a public access easement from the park via
walking trails to scenic areas located at the southerly end of an area
known as "the Ridge" of the Project. The walking trails to the said
scenic area will be built by the Developer and shall remain open to
the general public free of charge at all times dazing the year. The
entrance .to the parking area shall*be separate and distinct from the
entrance to the emergency access road.
(d). In an effort to avoid or minimize water pollution
from chemicals, the Developer agrees; to apply a minims amount of
sodium and calcium chloride on private roadways within the development
during the winter months. Further. the Developer agrees to restrict
the use of chemical fertilizers and pesticides by all persons or other
entities occupying the develolmient as follows. Only chemical
fertilizers and pesticides approved by Now York Department of
Environmental Conservation shrill be used and the Developer agrees to
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establish deed restrictions or place statements in the deeds in order
to place homeowners and other entities occupying lands within the
PUD/PDD on notice of this
provision and in an effort to provide a
mechanism for enforceability of the same. Also. application of any
chemicals will be minimized and will be applied in accordance with New
York State DEC regulations. The Developer agrees to cause each
homeowner and other entity occupying lands within the PUD/PDD to
receive a packet of information from the Developer or at the
Developer's initiative. the homeowner's associations, concerning the
application and use of peaticides and fertilizers.
(+e) . The Developer agrees that any .vehicles associated
with construction activities upon the site of the PUD/PDD will comply
with New York State standards for noise control. In the event that
any vehicle upon the construction site fails to comply with such
standards. the Developer will immediately make arrangements for the
installation of noiRe control or prevent the operation of the vehicle
i
upon the site. In the event that the Developer fails to comply with
the Development Agreement, it is understood and agreed that either
Town Board of Lake Luzerne or Quo*nobary may apply for a court-ordered
injunction preventing the use of such vehicles that do not comply wih
the New York State standarde for noise control.
4r.r
M. The Developer agrees that whenever blasting is to
occur on the site of the PUD/PDD, property owners. sheriff's
department, State Police and the media shell be notified at least 12
hours in advance as to when blasting activities will take place. In
the event that the Developer fails to so notify the entities and
Persons aforenamed it is understood and agreed that the Towns may
apply to the court for an injunction preventing the use of explosives
or blasting and the Towns will not be held liable by the Developer for
any delays associated theetewith.
(g) . The Developer agrees that it will follow all appli-
cable energy and water cotiservat on specifications as they relate to
New York State Energy Code and the Town of Queensbury Regulations and
that it will place notice of such of this requirement in any deed
restrictions or other information given to homeowners or other enti-
ties which occupy the PUD/PDD site.
;�. 21-
(h). It is hereby agreed by the Town of Queensbury and the
Developer that, because of the magnitude and scope of the Project. the
Developer may require additional time for design. financing and
approvals by other agencies. In consideration thereof, the one-year
deadline cited at 15.092 of the Town of Queenebury Zoning Ordinance is
!_ hereby extended to two years and may be further extended upon mutual
agreement.
The Developer agrees that any outdoor lighting that
is used upon the site of the PUD/PDD will be' of a nature that it will
not allow light to directly shine in any other area than the ground.
The lighting used will be that which is commonly known as hooded
lights. except for ski trails.
(j) It is hereby understood and agreed to by the Developer
that. in an emergency situation. and when fire fighters or other
emergency personnel desire, the peoi►le mover shall be made available
immediately for their use in either ascending or descending from the
PUD/PDD site. Also. the Developer agrees to establish a minimum of 10
Parking spaces at the base of and immediately adjacent to the people
mover which will be available and reserved for the sole use of
emergency personnel at all times.
(k) The Developer shall notify the town of any change in
its' ownership or management within 48 hours of such change taking
place.
(1) Developer shall notify the town of any bankruptcy or
of the court action or proceeding relating to the financial status or
structure of the Project or Project ownership in 48 hours of the
filing thereof.
(m) In the event of any threat to public health. safety or
welfare, the town shall have any rights otherwise available to it with
respect to the Project site as such towns have throughout the f
jurisdiction of their respective towns.
(n) The town shall at no time be liable for any work or
maintenance of private roadways. but at all times town employees
and/or officials* or agents thereof, may use private roadways for the `
legal purpose associated with required maintenance of sewer and water
faci-lities. inspections. complaints and emergency situations.
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1 1 `
12. Amendments. It is understood that this Pali) Legislation
may be amended in order to aftinister the Project with a reasonable
degree of flexibility and adaptability aacesgary to achieve the
I purposes intended while recognisin the
g potential for changed
conditions and circumstances beyond the control of the town. In the
event it becomes necessary to amend this PUD Legislation because of a
change in laws, ordinances or regulations or in the event that the
Developer because of practical difficulties requests an amendment
hereto. it is understood that a proposed amendment will be entertained
by the town and that the town. in good faith. will review the
amendment and give it fair and reasonable consideration and timely act
upon the same.
-23-
j3
v
and be it farther
PFSOLVED, that the foregoing terms of the resolution
numbered 1 through 12 shall be deemed amended to be
"insistent with all corresponding paragraphs seat forth in
` the west Mountain Development Agreement heretofore approved
by the Board this January 2 , 1990 and be it further
RESOLVED, that this resolution shall not take effect until
auch time that the final execution of the Development
Agreement by the Developer, the Town of Queensbury and the
Town of Lake Luzerne .
i
Duly adopted this 2nd day of January, 1990 by the following
vote :
f
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montes , Mrs .
TIonahan, Mr. Borgos
Noes : None
Absent : None
I`