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1990-04-02 �.`9-'�.`'` ►3 259 REGULAR TOWN BOARD MEETING APRIL 2, 1990 7:30 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenzo Councilman Ronald Montesi Councilman Betty Monahan TOWN ATTORNEY Paul Dusek MEMBERS ABSENT. Councilman George Kurosaka TOWN OFFICIALS Kathleen Kothe, Dave Hatin, Paul H. Naylor, Queensbury Recreation Commission Supervisor Borgos-Called meeting to order. PUBLIC HEARING SEWER RENT LAW 7.35 P.M. Supervisor Borgos-Asked the Town Clerk if this has been properly advertised? Town Clerk-Yes. Supervisor Borgos-As least several or perhaps many of you know we've been struggling with the beginning of a sewer system for several years. For the lost three years we've had particular problems with financing the sewer district primarily because none of the details were worked out. We adjusted each year to the point where this year we think we've accommodated most of the concerns of residents from lost year in some fashion and with some luck our Attorney is continuing to work with other specialist's in the field and we're hoping that next year for 1991 we will have a Sewer Rent Low of some sort that is really satisfactory to everyone. We think we've made dramatic improvements in what's proposed before us this evening. If you've taken time to look at the regulations the only thing that is quite negative in some cases is that if you use a great deal of water or if you own a substantial size of property you may be hit a little bit more than the past year. The cost of operation continues to grow, unfortunately when the district was first established part of the engineer's proposal stated that 1 13rd of the total cost of the district would hove to paid each year on the basis of assessed valuation, 1 13rd on the basis of water consumption, 1.13rd on the basis of land area. We attempted to deviate from that a bit the first year and we're promptly taken to court and we're told that we would have to go back to that formula. So staying within those constraints we've attempted to make adjustments for different types of property wetland property or property of a certain size or over a certain size, and those changes will be discussed this evening. My Assistant, Kathleen Kothe, is here and she has spent the last several months of her life working diligently on this project and knows it inside and out and will be glad to explain any problems. We've prepared several examples we hove not identified the parcels, but rather said residential or commercial just to show what the impact would be. Some people will actually see a decrease in their sewer charges for 1990 as compared with 1989 depending upon their individual circumstances, others would see a very slight increase, others will see a more substantial increase with most of the more substantial increases ending up in the lops of commercial projects. I see some commercial project people with us tonight unfortunately that's the way it's working out of the moment. The one thought in that case, however, is that for many commercial properties, but not all it is possible to pass along some of the increase a little bit at a time a penny or two at a time to people who are residents or nonresidents of the community this helps to soften the blow a little bit. The primary reason as I understand it initially for the construction of the project was because of the tremendous increase in commercial development in that port of town so therefore, it seems reasonable that commercial properties should bear a little bit more of the cost as much as provided under the law. Again, it's a very difficult area of concern I'd be glad to have you come forward at anytime just raise your hand. Warren Rouillord-44 Garrison Rood, Queensbury. I don't have a real major problem, except I feel I'm being assessed unfairly. I had a lot on the front of Garrison Road and I feel this front footage thing is something to really consider. After, there was on estate on Bay Rood going back through and I picked another lot which is totally inaccessible for me to sell that lot for any private gain and it's all woods and that's all it ever will be. I feel that using the foot frontage would be better than either on acreage and also this water consumption thing which I foil to 200 see and the Town has already checked the water meter and I haven't had a final result on that. This is just one thing that I felt the foot frontage maybe on residences, maybe on commercial I'm not reolly'sure, but I'm opening the program and this is my thought on it. Supervisor Borgos-Maybe I can respond a little bit. There are two things; front footage charge is one way that some sewer districts are financed. Again, unfortunately we feel constrained at least at the moment by the interpretation that's been made in the post in our legal challenges to have to go by the engineer's study which specifically specifies acreage. Front footage is something we like to be able to consider in the future we don't know if we will legally be permitted to do that. We hove made adjustments this year such that anyone with more than one acre has a reduction by, I believe, 60% Kathleen, is that correct, for acreage in excess of one acre. The first acre is charged with a full rate anything over on acre is reduced by 60%. In your particular case we spent quite a bit of time looking at your water consumption. You and several other people, I guess spend a lot of time watering your lawn which makes for a lovely lawn, but the water does not go back into the sewer system. But, there is no reasonable way that we con find out to say, this person has 80% usage for the lawn and should not be added in. The only alternative we've mentioned before Mr. Flaherty, doesn't like this because it reduces our sale of water, but it's to recommend that you install a point and have your own little private water system for watering you should be able to repay that cost of installation certainly in one year's savings and that just might be an option. At the moment we don't have any other options for you, but we're working on it. Mr. Rouillard-Thank you. Supervisor Borgos-Your welcome. We like to have everybody's rote be zero and then we would be very happy. Eleanor Backon-331 Ridge Street. I also own properties at 333, 335, 337 and 339. Now, 337 and 339 are in bock of 333 and 339. My problem is that I do not have enough clearance to run a sewer line from the bock houses to the hookup. I sold 335, 1 don't own 335 1 sold that I'm sorry. I wasn't aware of this problem when the sewers were installed a year ago I should of really been more aware. I should have looked into it further infact, I did and 1 received no reply on my question of whether I could put them off, whether I would have more time to install this sewer since I had five sewers to connect up. But, since then I've looked into and I realize and I assure you that the sewer line has to run parallel to it doesn't have too, but when a sewer line has to run parallel to a building it has to be 3 feet away from the building. 1 do not hove have 3 feet, but rather I have 5 feet and that does not give me enough clearance to run that sewer line to the street and that's my problem. Supervisor Borgos-You hove only 5 feet between buildings? Ms. Backon-5 feet, yes. Supervisor Borgos-Do you hove a driveway? Ms. Backon-I have a driveway, but even the driveway cannot be done 3 feet from each house. The driveway is connecting and if you take 3 feet from each house that gives me about 5 feet which is not enough clearance. Supervisor Borgos-Have you discussed this with our Wastewater Deportment? Ms. Backon-Yes, I hove. Supervisor Borgos-It would seem to me our Director of Building and Code Enforcement is here, is 3 feet correct? Mr. Hatin-That's a wastewater regulation, I'm not sure Steve. Supervisor Borgos-It would seem to me that a competent engineer that you would have to pay for, for work on your property could design a system that would fit. Perhaps all of your other bock houses could join into one pipe and then go into our sewer system. Ms. Bockon-1 cannot do that. There is no way that I will connect a sewer line it would hove to be through a building that I hove for sole. Supervisor Borgos-We wouldn't expect you to go through a building. I'm sure if you check with our Wastewater Deportment and let them look at your parcel I'm sure that they con propose a rough solution, but then you would have to go to a private engineer or contractor of your own to do any work on your own property. If necessary you can get a variance from the regulations under some circumstances. Ms. Bockon-This is what I'm hoping for. I am infact, requesting a variance. 261 Supervisor Borgos-Let me check with our Attorney. What would be the procedure for a variance? M Councilman Montesi-We want to qualify that variance to not install it, but a variance for the footage. Supervisor Borgos-Correct. I'm talking about a variance for some distances perhaps our Attorney con tell us what form that request should take and which Board would be appropriate. Attorney Dusek-For the Board's information, Mr. Flaherty met with Mrs. Backon and asked me to join them on the conference and we did meet the other day. Mrs. Bockon explained her problem and outlined it and at that point I indicated to Mrs. Backon, that I would have to first of all, research the low to see if there was any possibility for flexibility in hooking that up and I think I indicated to you that I wouldn't probably have it done by tonight and I don't. But, I also indicated to Mrs. Bockon that if she had a particular problem with meeting the requirement she should discuss that with the Board as well and maybe working hand and hand obviously I would do my part and the Board could take a look at what it desires in connection with this matter as well. I believe that's why Mrs. Backon, has come tonight was to indicate what her problem is as I con indicate to the Board I have to really check that section of the law out to find out how much flexibility you have. You may not have any flexibility to wave those provision, but that's where I am right now. Supervisor Borgos-But, you have already met with the Director of Wastewater and with our Town Attorney? Ms. Backon-Yes, I have. Supervisor Borgos-Then I think your well on the way to a solution. We did take care of your back properties that you requested us to look at lost year. I think your one of the people who asked us to look at your very large back property so that once we got over one ocre that was reduced by 60%. 1 think she also had o very large bock acreage. Ms. Kathe-I believe that property has been reduced to part of it landlocked. Supervisor Borgos-Okay, so that reduction has been taken care of we hope to be able to resolve the rest for you. Ms. Bockon-Wos I to be notified? Supervisor Borgos-1 think the Attorney just said that he hasn't had a chance to make a decision yet or do the research because we hod a few other things that had been scheduled ahead of time. Ms. Backon-The problem is really serious about connecting. That variance cannot be any closer than 3 feet from. . . Councilman Montesi-You have hooked the front houses up? Ms. Bockon-Yes, / hove. Councilman Montesi-The front three. Ms. Backon-There was no problem there it's just the two back houses or rather one is not mine now it's sold, but I gave him a right-a-way to hook up his sewer, but he didn't hook up the sewer and he hooked up his water line. But, now the problem is about well that isn't my problem that's his and there is only 5 feet. Supervisor Borgos-Certainly no one ever intended to horm anyone by any of these regulations and we're trying to help everybody I'm sure will be able to check with Mr. Flaherty some more and with our Town Attorney. We will get bock to you as quickly as possible. Ms. Bockon-Thank you. Supervisor Borgos-Your welcome. Dick Meod-Meod's Nursery, Ridge Road, Queensbury. Let me read you the letter that I wrote to you, Mr. Borgos, last year March 13th, 1989. Dear Mr. Borgos and Town Board Members: I've just sent my check for the Quaker Road sewer district. It is substantial and does not include water use. 2 6 %' Approximately 113 of my 9.54 acres ore commercial: store, greenhouse, borns, display areas and parking. The other 213 is growing nursery. My problem is that I can not afford to grow nursery stock on land that is taxed this highly. I fear that I shall be forced to sell the 6t acres for commercial development. I do not wont to. Con you help me. Mr. Meod-You answered my letter and said, yes you were making some changes. Strangely enough today I called the Wastewater Office who referred me to Ms. Kothe and she said, gee today's the right day to call there is a meeting tonight. I'm here, I have not reviewed anything I have no idea if there were any changes mode. The acreage charge lost year was $2,166.00 which didn't include water use. The total lost year that we spent was $3,1006.00 for the sewers not including the installation of another. . . I'm hoping it is going to be less, if it isn't I'm afraid that I'm going to have to sell some of that land. Supervisor Borgos-We're struggling with each property and I get to know a few of them intimately and Kathleen knows all of them. Your property is the one that has been baffling us. You hove just over 9 acres and you soy 1 13rd commercial, 2 13rds nursery. I believe on our Town records I believe the zoning is commercial for all that property there lies the problem. Mr. Meod-Is there any agricultural? Supervisor Borgos-There are no agricultural zones. One solution that has come to my mind, I don't know if you can live with this would be for you to request a change of zoning and hove that area that is used for growing changed to residential which I believe surrounds your property. Mr. Meod-Yes. Supervisor Borgos-If that were to be changed to residential I will have to check with the Town Attorney, but I know of no problem with just open growing of just shrubs and plants. Councilman Monahan-We have to check for those permitted uses. Supervisor Borgos-I was going to soy that we hove to find out. But, if that were possible that might be a tremendous benefit because then we be permitted to reduce the assessment for this purpose by 60% on that 6 acre chunk which would amount to a lot of money. Mr. Mead-60% didn't apply to commercial acreage. 4 Supervisor Borgos-Correct. It applied to only residential at least at this point. Councilman Monohon-1 don't know how this fits in, but I did have kind of a philosophical discussion with our Assessor. I asked how is land assessed according to zone or how it's actually used. She said actually they both come into play so I think we're going to have a little problem taking things. . . Supervisor Borgos-When I said assessment, I didn't mean the assessor's office assessment, I mean what I would call the assessment for the sewer charge. Councilman Monahan-Your arriving at the formula as I understand it by looking at the classification under which they ore assessed? Supervisor Borgos-Correct. Councilman Monohon-If you were assuming because that's commercial that every bit of it is truly commercial where an Assessor might be saying the zone is commercial, but he is not using all the land for commercial use. Supervisor Borgos-We don't hove the authority under the present regulation to make that distinction we hove to go to the way it's designated on the assessor's role. Councilman Monahon-This is one of those things that is going to create a problem for us in many many areas and I'm becoming more aware of that as I'm working in some different fields. Councilman Montesi-There is a downside to this Dick too. I think Steve has offered you a very wholesome solution to a reduction of 60% on those 6 acres, but by requesting the change in zone that property I guess you would have to look down the line and say, someday when I retire if my children don't want to run my nursery had I left that thing alone and paid the tax I'd hove six acres of commercial property a block off Quaker Road for sole. What you would end up with is 6 acres of prime residential property off of Quaker Rood to sell and you must be careful of what you request if you wont to request multifamily you may be putting yourself into a short term savings in a long term loss. It's a philosophical question that you 26.3 have to answer. Mr. Mead-1 understand what your saying and I suspect the answer to that is sell it. I could grow somewhere else it's just convenient to grow near the store. Councilman Monahan-Is some of this property we're talking about the property that has a pond on it too. Councilman Montesi-Yes, it's on MeadowBrook Rood. Councilman Monahon-I just wonder how many acres or part of an acre does that pond cover? Mr. Mead-115 ft. by 75 ft., I think. Supervisor Borgos-It's about 1/4 of on acre. It did not foil within the D.E.C. wetland category. Councilman Monahan-I'm just wondering if we're going around assessing people for ponds and lakes I mean not assessing, but as for as sewers concern that's got to be a sticky wicket too. Supervisor Borgos-There are a couple of people a couple properties in the Town that ore pretty heavily involved with streams and ponds and they are getting assessed because that's part of their parcel of land. There has been no provision up to this point. Councilman Monahon-I go bock to what I have said all along. It bothers me as a Government on one stand saying that we're trying to protect the wet areas and that we want open green spaces in this Town and yet we're saying to an individual property owner, but if you give us what we're asking for in this Town we're going to make you pay for it. I hove a problem with that. Supervisor Borgos-1 think we all do. We're just so constrained by what happened in 84 and 85. Mr. Mead-One thing that I don't understand that I think was at the beginning of this meeting that these heavy dues ore going to be paid for three years. You said something about a three year payback. Supervisor Borgos-We've been struggling for three years. This is the third year that we actually billed for sewer operation or sewer construction. There were no bills issued in the early years of design and engineering and there should hove been that was an early error on our port. This is the third year that we've been struggling trying to find a mechanism that's fair and reasonable to everybody and still complys with the law. We do hope to be able to find something we think we're on the track of something better, Benefit Assessment, is that the name? Attorney Dusek-Yes. We were looking into that lost year, but basically ran out of time with the change in assessor's and everything. We are trying to set this up again this year to see if we can make it for the target starting January Ist. Councilman Montesi-I think generally in most sewer districts that I've been involved in or at least looked at cost for up until the one of Queensbury Central, which actually started five or six years ago there was a Federal Clean Waters Act. Generally speaking 87% of sewer districts were funded by the Federal and State Government. This was the very first sewer district in this general area that was not funded with either State or Federal funding so that the sewer district had to stand on it's own two feet. As Steve pointed out, many of the decor of this whole sewer district was a commercial area of Quaker Road and it made some since to look at this from that point of view. But, it's a very very costly commodity and we've played with these figures trying to reduce the burden on individual homeowners that happen to be in o preferred area of this they benefit from it. I do, I live on Meadow Drive and I have sewers that cost reasonable close to what was proposed five or six years ago 1 think lost year my sewer tax was $480.00 and they originally proposed something between 350 and 400. I would say that I was comfortable with the way that has worked, but there has been some unfairness involved in this and we keep playing with this thing to try to rectify that the open space of the wetland. I think, Steve has given something to think about in terms of trying to reduce that. Mr. Mead-I appreciate that. I was hoping from what you said this was only allowed for two or three years, but these are probably twenty year bonds. Supervisor Borgos-Twenty year bonds and the capital component of that will be reducing each year except for the fact that obviously a couple months ago we had to borrow some more money to complete the project. We maybe looking at perhaps a slightly increased capital component for one or two years and then will start to pay it off and that portion will drop. Operation of maintenance will probably increase as the cost of material and labor goes up. But, I do 264 think we will see a leveling off of ter one or two more years and then a decrease. Mr. Meod-Thonk you. Supervisor Borgos-Your welcome. Councilman Monahan-Paul, you said your looking at a benefit district what would be the net effect on something like that or can't you tell yet? Attorney Dusek-Finoncially speaking I don't know what the net effect would be, but I con soy that the benefit tax roll at least as our belief should allow for some more flexibility in dealing with the parcels that you hove in giving the Assessor a little bit more control over how these different parcels will be assessed. Not a lot, but a little bit more than the Sewer Rent Law. The Sewer Rent Law, if you will you can picture is a very rigid type of instrument it's block and white you either meet the particular requirement or you don't your billed X number of dollars there is virtually no flexibility in it. The Benefit Tax Roll, however, would build in some flexibility would also established what is basically similar to your Grievance Day that you know hove for your other assessment roles. That's why we're taking a look at that hopefully it will maybe answer the needs of the Town a little bit better. Councilman Monohan-1 would hope someday and not to long from now we would come up with a mechanism that would encourage what we're trying to accomplish with our open space and the amenities in this Town and the green areas without penalizing the people and helping us reach that objective. I would hate to think what Queensbury would look and would cost to service some of this area if it all goes under development in that intense. Barbara Pollozzi-Ridge Road, Queensbury. I was here lost year to complain. I was here for the meeting when it went from 7 million to 9.4 and I understand that these bills that we ore about to get and which this low is for is only on the 7 million not the 9.4. Supervisor Borgos-That's correct. Mrs. Polloz zi-Some thing has got to be done for people who have large yards. Last year my initial bill was $611.00 and on top of water and everything else through the year it was up to almost $800.00. 1 was talking to Ms. Kothe lost week and my bill is probably going to come in at $795.00 and change. There ore properties around me that are 114 of an ocre in size the benefit is exactly the some. I hove nothing more they hove nothing less, infact some of those houses are even larger than mine they have more bathrooms, they hove more bedrooms, yet I'm paying through the nose. Supervisor Borgos-This again, goes back and I hate to pass the buck this way, but this goes back to the original formation of the district in 84 and 85 when it was determined that 1 13rd should be paid on the basis of the land value so if you hove a larger lot than your neighbors you hove o higher assessment and you hove more acreage so your going to be paying more based on 1 13rd of assessment, more based on the fact that your land area is larger, the water consumption will be the some charge for everyone. Mrs. Pollozzi- Other Towns don't do it this way, why do other Towns hove a flat rote? Supervisor Borgos-Each separate sewer district even within the Town of Queensbury we hove several sewer districts each sewer district has it's own way of being billed or charged for the service. The regulation as this went into effect years ago said, 1 13rd, 1 13rd, 1.3rd. We don't have the ability at this time to alter that so if you hove a larger piece of land your going to pay more. Mrs. Pollozzi-How con that be altered in the future? Supervisor Borgos-This is who our Attorney is working on. Mrs. Pollozzi-Single family residential properties were not being rented or taxed whichever word you wont to use the some as commercial properties. The Town of Niskoyuno is very large, has lovely homes, very expensive homes, o single family residence in the Town of Niskoyuno pays $136.00 a flat rote. Supervisor Borgos-Agoin, as Mr. Montesi pointed out just prior to the time our sewer district —. was put into effect most of these districts were funded 87% per cent by State and Federal dollars which means only 121 per cent had to be paid by local homeowners. Probably and my guess is that Niskoyuno is one of those, but that lower rote that was funded that way. Mrs. Pollozzi-But, they ore all that low. The Town of Colonie. . . Supervisor Borgos-They also got in very early so we have to pay about six or seven times as 265 much as those districts that were created earlier. Mrs. Pollozzi-� When we had the meeting going g q g from 7 million to 9.4 million your engineer, Quentin Kestner was here he stated that the sewers were necessary because of the commercial development in that particular area of the Town. Why are they not being asked to bear more of the burden? Supervisor Borgos-The answer is they are under, under the Rent Law that you see tonight there is more placed on commercial. Mrs. Pallozzi-If you look at the land a lot of these commercial establishments are on very small parcels of land, but if you take that $266.95 and divide it by two down to J acre, I mean you've got a diner down there on Quaker Road with a carhop and o one bedroom apartment. . . (toped turned) Supervisor Borgos-1 don't believe that the annual charge is $132.00. Mrs. Pallozzi-It's only $266.95 per acre I'm talking about the land. Supervisor Borgos-For the land portion okay, but their total assessed valuation must be very high because that land is very valuable. Mrs. Pollozzi-From what I understand it is the $1.69 for commercial as it is for residential. Supervisor Borgos-So commercial is paying more because commercial property is more valuable. Commercial is paying more because there is no reduction for additional acreage for commercial use. Water consumption it depends on what kind of commercial use. Mrs. Pollozzi-Whot can the property owners around me look forward to in the foreseeable future as for as reduction is our sewer taxes? Supervisor Borgos-As I mentioned before I would think there will be a slight increase next year perhaps a slight reduction from that increase the following year and after that there should be o steady decline at least on the capitol side. Mrs. Pollozzi-Okoy. Now, what was the criteria used for the classification of properties? Supervisor Borgos-1111 ask Kathleen at this point. Don't think anyone person developed this by the way, our Attorney, Paul Dusek has worked with Kathleen Kothe, and worked with at /east one or perhaps two Attorney's from Albany, worked with our Director of Wastewater, -- Deputy Director and several other consultant's so it's not been o one person decision. We've all been trying to make the adjustments within the regulations that we could to accommodate everyone. Kathleen if you will explain what reductions are listed here for which parcels. Ms. Kothe-The Classification A is one acre occupied residential. Mrs. Pollozzi-My question is specifically the Class C-D-1 classification. Ms. Kathe-Closs C is anything over on acre in residential. Mrs. Pollozzi-I understand what the words say, but what was the criteria used if a specific parcel a D-1 or o C classification. Ms. Kothe-C is anything over an acre that's residential, D-1 is considered landlocked or deed restricted. Mrs. Pollozzi-Because there ore properties that you showed me the other day that ore D-1 and I don't think they ore landlocked if a person owns another parcel of land particularly if the lot does not hove frontage, particularly if the lot was purchased at o time of ter the frontage was required under the ordinance. Ms. Kathe-They were classified by the Planning Department lost year they went through the mops and classified any land that was considered landlocked which meant it is not accessible to the sewers any portion of land. Mrs. Pallozzi-But, you don't know the criteria used? Supervisor Borgos-1 think she has just given you the criteria. Councilman Montesi-I con tell you one we looked at long and hard was on Glenwood Avenue, I think it's the Beatty property he has // acres or 12 acres behind his house that does not front on Glenwood Avenue or Quaker Rood. It also has a deed restriction that when he bought the land it would be forever wild and he couldn't build on it. So there is o big chunk of land that 266 we have to look at so how would you classify it, it certainly wasn't our. . .that two criteria's were met than it was landlocked and it was also deed restricted. Some of the bigger ones some of the Board members are aware of simply because when you start talking about 10 or 12 acres of land that your going to take off the tax rolls for whatever reason it has on impact. What's the yearly payment for the sewer tax? Supervisor Borgos-Principol and interest is in excess of $600,000. Councilman Montesi-We know we hove to come up with $600,000 that's the bottom line how fairly you come up with that and how you arrive at 1 13rd, 13rd, 113rd, that's fair in trying to sort out some of the problems that Mr. Mead has, that Warren Rouillard has, and that you have and to be fair to everyone. I think the one. . . we have done is we've said the burden should be on commercial and industrial more than residential because much of Quaker Rood's development is commercial and industrial and the burden should be more on them we're making it easier to stay there. It is also for us too we're making it a good place for industry to grow and business to grow. Oscar Sundberg-Could I ask a question? Supervisor Borgos-Could you come to the microphone please. Let's see if your finished with your question. Mrs. Pollozzi-I'm not happy. Supervisor Borgos-I'm sorry. I don't know what else to tell you. Mrs. Pollozzi-I always had sewers I haven't been a resident in the Town of Queensbury that long. They have always been a minimal part of the tax package and now your talking about sewers are 200 per cent of the total tax bill. Supervisor Borgos-Again, the reason for that is the change in State and Federal funding. In the other communities where you lived most likely they were under the old formula in which case you would normally be paying seven or eight times that much had you been back to the old place without the benefit of the grants. Mrs. Pollozzi-In the residential properties in my area that are being hit the hardest are the ones that are still lawful under New York State Low to have a septic system. Supervisor Borgos-That's entirely possible. But, again in 1984 and 1985 when all the hearings were held when the district was formed apparently either those people didn't come forward or didn't understand what was happening or whatever that was the time for those changes to be made if people wanted to be out of the district or if people didn't like the way it was proposed to be built that's when the changes should have happened. At the present time we cannot we do not have the power to make those changes. Mrs. Pollozzi-!s it always going to stay the 113rd, 113rd, 113rd? Supervisor Borgos-Unless we can find a way to go around it through some new legislation which is apparently not very easy to do. Mrs. Pollozzi-Thonk you. Supervisor Borgos-Your welcome. Oscar Sundberg-You just onswered my question. Supervisor Borgos-I hope it was a good answer. Oscar Sundberg-1 still think your giving us the shaft. Supervisor Borgos-Believe me we get no enjoyment out of telling people we have to charge them fees, but the low is the low we don't hove the power to change that. is there anyone else? Then I will declare this public hearing closed. We do listen to what your saying and we will try to do a better job for next year to make these adjustments. Mr. Mead's property specifically was the only one that I know didn't get the kind of relief he was thinking of, in fact I don't think we even took a step in that direction because of the very uniqueness of your particular operation. We certainly tried, we tried the wetlond status we tried everything possible. Councilman Montesi-Is it possible to take a commercial piece of property such even though it's zoned commercial as Mr. Mead's property is as long as it remains open space and not developed that it would pay maybe 60% criteria and if it was ever sold or developed it would fall under the other category? 2 6 '7 Supervisor Borgos-1 think we looked at that option, but the problem came in describing what's undevelopment, in looking at some large parcels and some large malls with huge parking lots ore the parking lots developed or undeveloped? Councilman Monahon-As soon as you put blacktop on anything it's developed. Supervisor Borgos-There were a whole bunch of these things that we looked at we couldn't find the real clear-cut definition, but we're not going to give up. PUBLIC HEARING CLOSED 8:15 P.M. PRESENTATION BY QUEENSBUR Y RECREATION COMMISSION Town Clerk-Read the following letter: To: Stephen Borgos, Supervisor FROM: Recreation Commission DATE: March 19, 1990 RE: West Mountain Pork At the recent Recreation Commission meeting (3112190), the situation regarding the acquisition of 20 acres of West Mountain Development land, for use as a park, was a major topic of discussion. Copies of recent joint meeting minutes (Towns of Queensbury, Luzerne and West Mountain) were reviewed and, along with Town Councilwoman Monahan, verified that the Recreation Commission's intent, with regard to the creation of a passive recreation area atop West Mountain, may be in jeopardy. As you may recall, M. Brandt, representing the West Mountain Development Corporation, proposed a gift to the Town of acreage in lieu of subdivision development fees, for the creation of a park facility (Recreation Commission Meeting (10116189). Shortly thereafter, a number of Commissioners and Town Board members accompanied Mr. Brandt on a walking tour of a portion of the 120 acre parcel just off Luzerne Mountain Road, in the Town of Luzerne. The consensus was that the site, which included a man-made pond adjacent to an old unused one land roadway, would be ideal as a passive park area with nature trails for such recreational activities as hiking and x-country skiing. This site was discussed at length, evaluated and subsequently recommended by letter to the Board (12115189). Thereafter, the matter was a topic of discussion at a Town Board meeting (112190) where the Developer granted the Town 20 acres instead of the 5.62 acres which was all that was required (acreage formula - based on the number of residential units to be constructed in Queensbury). Since that meeting, there have been a number of joint meetings with Board members from both communities and the Developer and, based on the minutes from those meetings, it would seem that the old unused one land roadway is to be paved and used as on emergency fire road. This road is included in the 20 acre parcel and was anticipated to be used as the primary hiking trail leading to the rest of the development. The fact was discussed at length with Town Board members, on a number of occasions (January and February Commission meetings), however, it would seem there has been a misun ders ton ding. The minutes of both February 14th and 22nd joint Board meetings would seem to indicate that the parties involved would prefer to widen and pave a one land trail which hasn't been used in years, instead of making use of the Developer's well used maintenance rood, which connect with Cormus Road(Town road already paved). The use of the Corm usimain tenon ce rood access as on emergency fire rood would seem logical and certainly less expensive and, in addition, would help preserve the "unique wildness" of the 120 acres of APA land(includes Queensbury's 20 acres) which is to be deeded to the two communities for use as pork area. A paved rood, which would hove to be maintained(plowed in the wintertime), would not only ruin X-country ski trials in the wintertime, but would certainly be less than suitable for those who wish to take a summer "nature walk in the woods." In short, the Recreation Commission, when asked to make a recommendation, decided that a parcel of property in the West Mountain Development area was of more value to the residents of Queensbury than the money involved. The property which was discussed, viewed firsthand and recommended by the Commission, included the small pond and as much of the one lone rood as the Developer would permit. If this is not the case, then the Commission would have to reconsider its previous recommendation. Supervisor Borgos-Thank you. The reason why I didn't listen as carefully as I otherwise would is because I read that last night. I guess I mode a mistake of taking a few days away from the office and I fell behind in my correspondence, but I did come in yesterday and I did dictate 268 a very lengthy response to that letter. Let me speak first and others can talk, I con tell you what I said in the letter to the Commission. That is from day one of the project the rood that we're talking dbout was always proposed to be part of the project it has always been drown on the presentation of the Developer. It initially was proposed to be the main entrance to the project. Very quickly we convinced the Developer that the use of Luzerne Mountain Road is the main entrance to this project was ludicrous that rood cannot handle that kind of traffic. With that set aside we then said from very early on that, that should be the emergency fire, ambulance, police, entrance from the northside and everyone agreed. It wasn't until the very end until we were about ready to sign the contract when all of a sudden the Developer said, you know we really don't wont to use that as a fire emergency exit we like to use Cormus Rood. For those not familiar, Cormus Road is on top of Luzerne Mountain it's a sharp left turn on the very top of the mountain off Luzerne Mountain Rood, I know it well I drove it everyday for ten years, I lived up on Cormus Road. The problem with the use of Cormus Road as on emergency exit or access point is that when you get to that port of Luzerne Mountain Rood then your in a very very steep climbing condition you have to slow down a little bit to cross lanes if your going west you have to slow down to cross the east bound lone. When you do that you lose whatever momentum you hove and then your faced with even o steeper hill on Cormus Road. Not only is it a steep hill, but it has a sharp drop on the east side and not only is it a sharp drop, but everything under that road is solid rock you con see the rock-out cropping on the right on the western side as you go along. I've gone up to look at it a few times with the thought of perhaps talking to the Developer about this. As best as 1 con tell in order to remove the rock a great deal of blasting would hove to take place we'd be within several feet of private property of an individual who owns a chalet style home there. As you go further south just another 50 feet or so there is o even larger rock ledge that would have to be blasted also. The grade of that road would hove to be changed in order to hove any type of safety for anything other than perhaps a police car, ambulance and fire truck would hove a great deal of difficulty staying on that rood in icy conditions. There ore many times when I personally slide off that road in a car and a four wheel drive vehicle in the years that I lived there. That will not be the case with the proposed rood, if you go up Luzerne Mountain Road and continue to go up then the road very soon drops off the left turn from that point into the propose rood is quite easy. I have another concern, several other concerns and I expressed all of these in the letter. The road as proposed would be a private road constructed and maintained by the Developer it would not be a Town rood to maintain. It has always been port of the project proposal all the public hearings were held with that particular road and that particular location if all of a sudden someone decided to soy; let's not use that road as the emergency access rood, but let's use another road that goes by o number of private residences it would seem appropriate that those people would hove to have on opportunity to comment at public hearings they have not hod that opportunity. I would think then we would have to go bock and start the process over again or at least go bock a substantial distance. The other concern that I have is that Cormus Rood does not extend to property owned by West Mountain Corporation. Cormus Road dead ends behind what used to be a farmhouse it's all overgrown now there is actually a barricade across Cormus Rood put there by Mr. Brandt quite a few years ago actually borricoding the Town road it was put there with the approval of Mr. Cormus when he was still olive, Mr. Brandt has a permissive right to cross the Cormus property to get to the West Mountain property. To my knowledge West Mountain does not own that road they cannot by law hove acquired any title to that property because they always hod permission to use hod they gone into adverse possession they might by now have acquired some title, but I think the Attorney will support my position as long as there is permissive use no title approved. Attorney Dusek-Under adverse possession, correct. Supervisor Borgos-I've been through a few of these in the past. I think there would hove to be on acquisition at that point by West Mountain there would hove to be o deeding of some sort to the Town of Queensbury. Most people don't know because there is substantial growth in that area that there is o large wetland area immediately adjacent to that road with o substantial pond perhaps lI acres or 2.ocres on the northwest corner of that as soon as it makes it's first curve. There is also at least one or two streams that cross that road that would have to be looked at so we're looking at environmental concerns in that area that may be the some as or greater than where this other road goes there ore a lot of problems again, I hove explained all that in the letter. For West Mountain to come forward at this point and soy as they did, gee we really don't wont to use that it would be cheaper to do Cormus Road it sounds like a good answer, but in reality it's not a good solution to the problem at least in my opinion and there are many many other questions that would be raised if that would hove to be resolved. It's up to the Town Board to make the final decision here, but I definitely would recommend against it and for those people that still believe it's true I'd like to take you out to the property and show you what I'm talking about. Most of you probably didn't know all these other concerns that I had in mind and I'm sure they have not been brought to your attention. I don't know if you hove any comments recreation people or Board members, there ore some mistakes on that map as I pointed out in my letter to you. Councilman Montesi-I'm not sure that West Mountain has advocated or pushed the use of Cormus Rood, I know in post discussions with them they hove allude to it, but I think the concern tonight 269 is specifically coming from our Recreation Commission. No question that if we were allow West Mountain to use Cormus Road and use the other old roadway not withstanding all of the right-of-wary problems the dollar impact would be less on them. There is another concern that we too should hove and that is that the 120 acres of land that West Mountain has deeded 20 acres to our Town and l00 acres to the Town of Luzerne is the only parcel of land in that 120 acres in the APA on this total West Mountain project so it hod some extreme limitations as to.whot could happen. The only thing that really could happen in that parcel is a park such as the Town of Queensbury or Luzerne is proposing and the existing rood that is in there could be. . . beyond that there are some real limitations. One of the questions that one of the Recreation Commission members asked me was that they said, if we truly want that 20 acres of land with the existing dirt roadway and a pond there is a small pond in that stream could West Mountain move the roadway either side of it. I think they can physically, I'm not sure what kind of a repercussion that would have with APA. Supervisor Borgos-We raised that issue. Mr. Persico, the Attorney for West Mountain was very high up in the administration of the Adirondack Park Agency in it's early days. It was his feeling that there would not be a significant problem in moving that road primarily because we're talking about a parcel of land that is truly at the edge of the pork near the park line and he felt that it would be something that would be relatively easy to have done, but there is obviously is no guarantee. Councilman Potenzo-When we negotiated with West Mountain and Lake Luzerne, Lake Luzerne plans on leaving the balance of their acreage forever wild they hove no desire to do anything to it nor any plans to do anything with it. They gave us the option of picking any 20 acres we wanted to out of the 120 acres available so I was not quite sure whether we wonted the road that we walked or we wanted another 20 acres because there could indeed be another 20 acres that we would opt for over the area that we sought. We ore not locked into taking that 20 acres on that road or near that rood or around that road if we wont to go up there and walk it and take 20 acres and get an access to the back 20 acres or take 20 acres, I thought realistically we would probably have to take the 20 acres closer to the Queensbury border, but we're not committed to do that we can take whatever 20 acres we want to out of the 120 acre parcel. I thought that was one of the points that I argued very strongly for and I think it's for the benefit of the Town of Queensbury to be able to opt for whatever acreage we wont. Supervisor Borgos-1 believe what you've said is correct we have our choice of any 20 acres from the parcel of 120. Councilman Montesi-I guess the whole problem is with the 20 acres that was walked by some Town Board members and Recreation Commission they really like the feel of that 20 acres which actually surround the rood, stream and little pond. The big rub is that the Town has mandated West Mountain in their PUD approval that they will pove this one width wide roadway so that the fire truck. . . Supervisor Borgos-It has to be doubled so that vehicles can pass one another. Councilman Potenzo-One width over the stream. Councilman Montesi-One width over the stream double wide so we're talking about a 24 foot wide paved road through the woods. I think that's the concern that the Recreation Commission has if this is the 20 acres they want. Push is starting to come to shove if you read this letter and it may be that really that's the 20 acres that we as a Recreation Commission want we don't want the rood paved the other alternative is to accept dollars in lieu of land. Supervisor Borgos-1 don't think that alternative exists anymore, I don't think grievances have been signed I'll have to check with our Attorney. But, I'm surprise to hear that West Mountain hod not discussed this road before, again it has always been on the map and always been discussed as the emergency entrance exit. Councilman Monahan-Not really. We talked about a emergency exit, but until that lost meeting it really never was pinpointed like that. Supervisor Borgos-It's actually written that way on their mops. Councilman Monohon-It was pinpointed that it would come off the Luzerne Mountain Road. I'll tell you another thing that I think is kind of startling to me and Harry, you can bock me up to see if your understanding was the some as mine because you walked it the some day. When Mike Brandt took us on a physical inspection of that area my understanding was that this roadway was much closer to the boundary this way whichever direction that is west towards Luzerne this boundary right here that this roadway was much closer to that boundary. Councilman Montesi-Thot would be Queensbury. 2�C1 Councilman Monahan-Woit a minute am I going the wrong way maybe I'm looking at the bock part, but it wpuld be the one as we went in on our right. When you go in from Luzerne Mountain Road the boundary that was on our right of the 120 acres where we were shown the road it was our understanding that the boundary of that land was much closer to the rood that's what it appears to be from that mop, would you agree with me on that Harry? Harry Hansen-I think we hod the impression that it was. Councilman Monahan-Because we had even talked perhaps that the A.P.A. and New York State land would permit us to hove a trail going to that and into that land a little bit. This way the road looks almost not quite halfway in the middle, but darn c lose to it which makes it hard getting 20 acres that isn't going to be impacted by that rood. Supervisor Borgos-I think your looking there at the total 120 acre parcel. ....._..... Councilman Monohan-I am. Supervisor Borgos-So 20 acres really isn't to much of that. Councilman Monahan-But, still in all we're looking at the pond and the road as we went up and saw it where we were told that the boundary towards Luzerne's side was, was much closer to the road and it would seem like in the 120 acre parcel that the rood was more to one side than in the middle than we're seeing now from this contour map would you agree with what I'm saying Harry? It gave us on entirely different look as we looked at it and were told where the lines were. Supervisor Borgos-I don't know if that map is the some mop that they presented to us with all their PUD information. Mr. Honsen-I t is. Supervisor Borgos-It is the some mop. Councilman Monohan-I think maybe that's what does it. Supervisor Borgos-You'll see though if you look at the PUD it's actually drawn on there. Councilman Monohan-I know that may be, but when I have a landowner that's showing me and telling me here is where t think the 20 acres would be great for you and here is the boundary line I assume the gentlemen knows his own boundary lines so I tend to go by that more than • piece of paper I'm looking at. This is one of my big concerns because I agree if we're having • passive area that was suppose to be just o little bit tamed forever wild area kind of, I don't know how else to put it, but when you put a 24 ft. wide or whatever it's going to be a paved road down the middle of it your going to hove a hard time keeping that looking like going hiking in West Mountain as West Mountain used to look. _ Supervisor Borgos-1 recommend to the Commission that perhaps I'd be glod to go out there with you and perhaps get Mr. Brandt, but we looked at the configuration up there maybe there is another 20 acres that would be very suitable and very appealing then we con forget about the particular land you looked of or look at the land and see if the road con be slide over a little bit. Councilman Monohon-I think that maybe a little more desirable solution because we looking at this particular land for o reason. If you con get that road over and I don't know if you con or not because not knowing now what the actual boundary ore comporing to what we were told. Supervisor Borgos-If you slide it to for to the east you get into a fairly steep mountain contour and if you go to for in the other direction it starts to get steep again. Councilman Montesi-We only need to. . .on the first half and then bring it bock again because i just. . .the corners so whatever we would take would be less than that so if we were able to move it over it would not fall in that. Supervisor Borgos-i think that's probably a possibility, again I do know that land very well. Mary Sperry-Who is the emergency for, Luzerne or Queensbury? Supervisor Borgos-The emergency rood would be for all fire, police, and ambulance. Mrs. Sperry-No. Queensbury or Luzerne's responsibility? 271 Supervisor Borgos-it's port of the PUD. The Town of Queensbury as lead agency and yes, it would be for both because emergency services agencies from both Towns would hove to response depending upon where the call was and who was called the State Police, Sheriff's Department, ambulance whatever. Councilman Monohon-They are oil under Warren County Mutual Aid your rescue squad and your fire companies are under Warren County Mutual Aid so it doesn't matter who's territory it is if the need by the fire coordinator is considered he'll call all. Councilman Montesi-If you took a police fire call that was on West Mountain Rood obviously if he went out Luzerne Mountain Road and into this back access to get to this Development it would be shorter than if he was to drive up Corinth Rood to Call Rood, and up the new Boulevard that they're building from Corinth Road into the propose hotel. I think Steve and I talked about the difference in miles it's from 4 miles to 8 miles that's o pretty big time (tope turned) I guess in the wintertime there would be no question that afire truck that was called from West Mountain either VonDusen Road or West Mountain main station in the wintertime would have to go up Corinth Rood. There is also going to be a gate there. Mrs. Sperry-Let me ask you this, how long do we have before we decide. . . Councilman Monahan-We don't know what phase is coming in. Supervisor Borgos-There is no time frame that has been put on that. I think your looking at 6 months to a year or more before that decision has to be mode. Mrs. Sperry-We do not have any choice now we have to take land? Councilman Potenza-We made a commitment to take land. Councilman Monahan-1 believe it's part of the agreement. Supervisor Borgos-It's part of the agreement. The agreement is subject to change by mutual consent of all parties. Councilman Monahan-Of course, if they come back in and change their phasing it will be on amendment to the D.E.I.S. so I don't know where that leaves you on some of those agreements. Councilman Potenza-I'm concerned about changing the rules as for as the Park Agency goes too. Councilman Monohon-What happens if they wont to start in Luzerne they got to know their D.E.I.S. and then where does that throw everything else? Attorney Dusek-The intent of the agreement generally has been as I understand it that if they do come in for a revision they'll come in for a revision for just that part of the agreement the rest of it would stand at least that's the way it's structured at this point. Councilman Montesi-I think Mary, the most important thing that I wont to do as a Town Board of Queensbury member is, I would like to physically and with a surveyor scope out the 20acres that we ore going to get. I wont to do that with some degree of expediency so that next year's recreation budget would reflect some dollars that we're going to spend up there or not spend, but I mean so we can start planning for the future. I think we've been real casual about the 20 acres out of 120, I don't mean we've done anything wrong that's cost in stone we're going to get 20 acres of land I'd certainly like to know which 20. In all of this discussion tonight is on important port of that because of this roadway. We may look at 20 acres of land that may not even include the roadway if you look at this square that's 120 acres less than 1/4 is 20 acres where those lines ore drawn is critical it may include this road or may not include this road if it does include this road and we can move the road over !00 feet we're home free we still get the old dirt road that we want and the pave road would not have any impact on our recreational area. Mrs. Sperry-The way I see it then is we have to get together and go up there and take a look at it to see where it may be. Councilman Monohon-I would suggest that the first thing we do that we ask West Mountain Development Corporation to flag that 110 acres I would think that would be their responsibility and get that part of the survey worked out and then we con bring in our own surveyor. But, the first thing we need to know is where those lines ore and I don't think that's our responsibility I think that's their responsibility. Supervisor Borgos-Would you call Mr. Brandt and ask him if he con do that? 2'7 Councilman Monahan-How do I do that? t Supervisor Borgos-Well your our representative for the Recreation Commission. Councilman Monahan-No I'm not. Supervisor Borgos-Well, then Mr. Montesi has just volunteered to call Mr. Brandt and ask him to please flag the 120 parcel. We should get up there not later than mid-May because from mid-May to the 4th of July it's not really safe. Sharron Simmonds-Tuthill Road, Queensbury. The Recreation Commission as you know has spent several months looking at this land and deciding what would be the best for the Town of Queensbury. We are concerned about the use of the land as a passive recreational area and we're looking at all ages of people to be.able to enjoy it. We're happy to know that your willing to discuss with us to the betterment of this park area and in the near future we will be getting together before the black flies to see if perhaps that roadway could be moved because it is a beautiful spot no question about it, it can be used year round there is a pond there ice skating opportunities, cross country skiing, hiking, gradual inclines and a beautiful vista and we're very happy to know that we can be working with you. Supervisor Borgos-Thank you. That's a good positive statement and we will work in a positive way. Councilman Montesi-I just have one more question that I want the public and the Attorney to address. If we accept 20 acres of land which includes this roadway it's deeded to us we flag it, survey it, we say this 20 acres we want it is now 20 acres of Town of Queensbury Recreational Commission land we don't wont a road through there we just solved our problem because the Development then would have to build a road around our 20 acres. Supervisor Borgos-Except that they'll come back and say, here is where we said the road is going to be. Councilman Montesi-It's just sort of another. . .statement. Supervisor Borgos-We're willing to try almost anything. Councilman Montesi-Well I'm not trying what I'm saying is that this is another problem that will come forward and rear it's ugly head. Councilman Monahan-1 will say that if that road is going to go through our 20 acres on the . . .or anything, I personally am not willing to accept that rood dimensions as being included in our 20 acres we're going to get some more to make up whatever. . . Supervisor Borgos-The road has absolutely been determined to be outside the 20 acres and that has been on the record. Pliney Tucker-Queensbury. I gather that the Town of Queensbury has plans to develop their chunk of land? Supervisor Borgos-The Recreation Commission, 1 think are doing some things in their mind I have seen nothing on paper. Mr. Tucker-From the meetings I attended, the PUD meetings, over this the Town of Luzerne the present Board including Mr. Grant, made the statement that their chunk was going to stay forever wild. Supervisor Borgos-That's correct. Mr. Tucker-Now, if our Recreation Commission decides their not going to take the chunk which is I guess on the east border of the 120 acres that's in the Adirondack Pork. Supervisor Borgos-It's never been specified which chunk for sure we wanted. Mr. Tucker-But, what I'm asking is if they decide to take another 20 acres somewhere in the - 120 acres are we going to hove a problem now, your shaking you head no, but with Luzerne to get to that property and develop that property and after we develop it to get to Mr. Brandt's development this is what was talked about during the PUD meetings? Supervisor Borgos-The Town Board of the Town of Lake Luzerne has said on the record that they don't core where we take our 20 acres from. Councilman Potenzo-They'll give us a deeded right-of-woy through their land to our 20 acres 273 if that's what we want. Supervisor Borgos-It's part of the written agreement that West Mountain will provided direct access to the rest of their trails and whatever from that parcel wherever it may be. You will be able to park up there and walk the length of the mountain and be able to look at the view. Councilman Montesi-The other thing that might happen is that suppose Luzerne said, well your putting in a 15 car parking lot and you do have 20 acres by the way this 20 acres that we're going to accept no matter where we accept it will be in the Town of Luzerne. Mr. Tucker-1 realize that. Councilman Montesi-Maybe the Town of Luzerne's compromise with us might be if your going to put a 15 car parking lot there not paved, but just crush stone or whatever if our residences could also use the nature walk maybe that would be in lieu of the taxes that we would have to pay on the 20 acres. Councilman Monohon-Thot may all be in the agreement that they will look at not charging us any taxes at all that's been settled. I'm concerned our 20 acres if were going to hove a lot of people come in using that while their leaving their 100 acres forever wild. Councilman Potenzo-It doesn't mean people can't walk on the balance of the acreage. Supervisor Borgos-For all practical purposes we'll have access to 120 acres. Mr. Tucker-Your going to have to deal with the Adirondack Park right? Supervisor Borgos-No. They have to deal with the Adirondack Park. Mr. Tucker-No, 1 mean if our Recreation Commission goes in there to do anything. Supervisor Borgos-If we do anything that would require a park permit, but if we don't do anything that would require a park permit we won't hove to deal with the Adirondack Pork we may be below the threshold which I hope is correct. RESOL UTIONS RESOLUTION APPROVING SETTLEMENT AGREEMENT WITH NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND SOUTHERN ADIRONDACK AUDOBON SOCIETY, INC., ET. AL. RESOLUTION NO. 210, 1990,lntroduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenzo: WHEREAS, litigation was commenced by the New York State Deportment of Environmental Conservation and Southern Adirondack Audobon Society, Inc., Queensbury Association, the Glens Falls Chapter of the Adirondack Mountain Club, and others, against the Town Board of the Town of Queensbury, Eorltown Corporation, and the Planning Board of the Town of Queensbury, during the year 1988, and WHEREAS, the parties to the aforesaid litigation have reached on agreement to terminate the litigation now pending, which agreement will so terminate the litigation and allow Eorltown Corporation to prepare and submit on additional Environmental Impact Statement and application to the New York State Department of Environmental Conservation, and the Town of Queensbury, and WHEREAS, two (2) separate settlement agreements hove been proposed as two (2) separate actions were commenced, as more specifically set forth in the settlement agreements presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the settlement agreements with the Town Attorney and the Town Attorney has recommended approval of the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the settlement agreements as the some ore presented at this meeting, and authorizes the Town Attorney for the Town of Queensbury to execute the some on behalf of the Town of Queensbury, and BE IT FURTHER, 274 RESOLVED, that copies of the stipulations, upon execution of the some by all parties, shall be filed in accordance with the provisions therein contained, and with the Town Clerk of the Town of Queensbury. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko Discussion was held before vote in regard to Settlement Agreement. OPEN FORUM 8:58 P.M. Pliney Tucker-Word 4 Queensbury. Noted that the lights ore up on Quaker Rood. Supervisor Borgos-Stated that they are up on the corners and the other five that hod been taken down will be put up momentarily and that there is a proposal to put the poles up the rest of the way. Mr. Tucker-Questioned where the situation of Volcour stood? Councilman Potenza-Stated it's at the Planning Department stage. We have yet to get to the preliminary stage there seems to be some concerns from the Planning Department about roods and turning and a traffic study. Mr. Tucker-Questioned Mr. Borgos on the deterioration of the bridge on Luzerne Road where the Northway posses over. Supervisor Borgos-Stated that he has look at it. Mr. Tucker-Asked if he has talked to anyone on this? Supervisor Borgos-Briefly. Has been told that it's not a significant problem at the moment that they will get to it soon. They are going to be repainting the underside of all the Northway bridges the bridges from Exit 17 to 25, 1 think on our schedule for this summer. Councilman Monohon-Noted that the Exit 18 ramp and parts of the Northway are in terrible condition. Supervisor Borgos-Stated that the entire Northway will be repoved from Exit 17 north to Exit 25 either this summer or next summer. Mr. Tucker-Asked when Corinth Road is going to be repaved? Supervisor Borgos-Stoted that this is a County road and will bring this to the attention of the DPW Superintendent. Mr. Tucker-Asked about the resolution regarding Equipment Lease? Supervisor Borgos-Explained that this is a pure lease with an option to purchase if we wish to exercise that option following a bidding procedure a year from now. It's not a prohibited lease purchase agreement. Attorney Dusek-Explained that there are two issues; (7) is at the time of purchase of a piece of machinery is there on open enough bidding contest for that machine while the other question deals with leasing. We do not hove a bidding arrangement here or a purchase of machine here so that question as to whether the bids ore open enough whether there is enough competition is not part of the question that is before the Board. What this is, is a lease of equipment or rental of equipment which State Audit and Control has approved. The one thing that makes this a little bit more than just a piece of rental equipment is that it also has as part of the agreement a provision that states that the person leasing the equipment will make a certain offer in the event that the Town wants to buy it that's the option. State Audit and Control by way of on opinion they have written from their office has indicated that a lease with an option price for purchasing is not illegal and is okay to have as part of the lease agreement and this is what this does. It actually gives the Town three options at the end of a lease; (I) to continue leasing, (2) to end the lease and return the equipment, (3) if they want to go out to bid the sales people ore actually saying we'll tell you now what we're willing to bid. In my opinion this type of agreement gives the Town Board the best of all options. 275 Daniel Dawson-16 Sweetbrior Lane, Queensbury. Spoke to the Town Board in regard to handicap parking and better enforcement for the community. Supervisor Borgos-Noted that The Town Board is going to take action tonight to set a public hearing in regard to handicap parking. Lou Gogliono-Manager of Aviation Moll. Explained that three years ago they approached the Town because we were concerned about this issue. Stated if they can work with the Town to assist in identifying either repeat offenders or assisting the Town in anyway, they would appreciate that opportunity. Councilman Montesi-Stated that they have been authorized to spend another 2 million dollars on the final installation of grinder pumps in the sewer districts, asked where they stood on this and when they are going to be going to bid on this? Supervisor Borgos-Stoted they are ready to go to bid for the grinder pumps. Councilman Montesi-Asked about Easy Street Water District and Glen Lake Water District. Feels that they should hold o public hearing since the study has been done and make a decision on this. Supervisor Borgos-Stated they will discuss this at a special meeting. Asked Attorney Dusek, if we would prefer to set the public hearing for the Easy Street Woter District after he has had time to properly prepare the notice? Attorney Dusek-Stated he has to do a formal resolution first. Supervisor Borgos-Noted that Niagara Mohawk has hand delivered a proposal to the Town which is very expensive. They have proposed installing 28 additional lights the price per pole per year $461.02 which includes the pole, light, and electricity, it comes out to be $16,844.56 per year for a guaranteed 15 years. Wonders if the Town and County should go to bid for these and purchase them. Feels temporarily they should install a few extra lights on the poles that are there, but will talk with the County about this. Brought to the Board's attention the need for an additional crossing guard for Queensbury School. RESOLUTION AUTHORIZING AN ADDITIONAL CROSSING GUARD ON AVIATION ROAD RESOLUTION NO. 211, 1990,lntroduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronold Montesi: RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the employment of one additional crossing guard at the Aviation Road location at or near the Queensbury School at the hours setforth here (7:30 a.m. to 8:30 a.m. on regular days and 7:30 a.m. to 11:30 a.m. on B days also from 1:30 p.m. to 3:45 p.m. on all those days) and to be determined by the Board and be it further RESOL VED, that this position be advertised for in the local newspaper. Duly adopted this 2nd day of April, 1990 by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko Councilman Potenza-Noted that she represented the Town Board and the Supervisor at the Welcoming Banquet for the Saga City Children and the Farewell Banquet on Saturday. It was a rewording and worm felt experience that I hope each of you have an opportunity to participate in. It's well worth all of our efforts and the small amount of dollars that we contribute to a wonderful exchange program. OPEN FORM CLOSED 9:35 P.M. RESOL UTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 212, 1990,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: 276 RESOLVED, that the Town Board, of the Town of Queensbury, hereby approves the Minutes of February 22, 1990 and February 26, 1990. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako Discussion was held on Sewer Rent Law, no action was taken. Board agreed to the issuance of bills as soon as possible. RESOLUTION TO APPOINT MEMBER TO RECREATION COMMISSION _ RESOLUTION NO. 213, 1990,Introduced by Mrs. Marilyn Potenzo who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, there is presently a vacancy on the Recreation Commission for the Town of Queensbury, and WHEREAS, the Town Board has the authority to fill said vacancy, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby appoints Mr. David Hersh, of 2 Brookwood Drive, Queensbury, to serve as a member of the Recreation Commission, for a term to commence immediately and to end on March 31, 1995. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITIONS FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 214, 1990,Introduced by Mrs. Marilyn Potenzo seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled "Petition for a Change of Zone" for rezoning matters, and has directed that the some be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and 011 applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it sholl deem necessary and proper, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following applications be submitted to the Planning Board for the Town of Queensbury for report and recommendation: I. Karen L. Sommer, and 2. Loomis J. Grossman, Jr., Richard A. Grossman, Wolter H. Rubin, and Robert C. Baker clo Gibraltar Management Co. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None 277 ABSENT:Mr. Kurosoka DISCUSSION HELD Councilman Monohan-Asked if Helen Thompson was notified when the change of zoning occurred for the Dunham's Fish and Game Club that this was a noise area? Dunham's Fish and Game Club has requested that this be put on the mop. Supervisor Borgos-Doesn't know if Helen Thomson was notified, but Lee York does know. Asked Kathleen Kathe, to contact Mrs. Helen Thomson, that this should be added to the Dunham's Bay wetland property that this is a noise area and rifle range. Councilman Monahan-Asked Ms. Kathe, to ask the County that they should note their maps the some way. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW PROVIDING FOR THE ENFORCEMENT OF AND THE ISSUANCE OF APPEARANCE TICKETS IN CONNECTION WITH A VIOLATION OF VEHICLE & TRAFFIC LAWS RELATING TO OFF-STREET HANDICAPPED PARKING RESOLUTION NO. 215, 1990,lntroduced by iL1rs. Marilyn Potenzo who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Low which would provide for the enforcement of and the issuance of appearance tickets in connection with a violation of Vehicle & Traffic Laws relating to off-street handicapped parking, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Low of the State of New York, and WHEREAS, prior to adoption, it is necessary to conduct a public hearing on said proposed Local Low, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:30 p.m. on the 16th day of April, 1990, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the some and to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED, AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that this also been presented at this meeting concerning the proposed Local Low in the manner provided by low. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko RESOLUTION CONCERNING SOUTHWORTH MACHINERY, INC. EQUIPMENT LEASE AGREEMENT FOR 214 FT CATERPILLAR EXCAVATOR RESOLUTION NO. 216, 1990,1n traduced by Mrs. Marilyn Potenzo who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Paul H. Naylor, Highway Superintendent for the Town of Queensbury, is desirous of leasing one (l) new, 1990 214 Ft Caterpillar Excavator, at a rote of$2,751.43 per month, and WHEREAS, Section 143 of the Highway Law of the State of New York, provides that a Town Superintendent may rent or hire machinery or equipment at a rate to be approved by the Town Board, and WHEREAS, the aforesaid law also provides that expenses for such rental shall be paid for out 278 of moneys provided for the repair and improvement of highways, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has represented that there are sufficient funds within his budget to pay the expense of the rental and the Town Board also recognizes that sufficient funds are available, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves the rental or lease of a new 1990 214 Ft Caterpillar Excavator, Serial No. 9MF168, in accordance with the terms and conditions set forth in the agreement presented at this meeting, at an amount of $2751.43 per month. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako RESOLUTION REGARDING NOTICE OF INTEREST RESOLUTION NO. 217, 1990,lntroduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury Highway Department purchased a hard top and two doors for a Jeep from John Gorolski for the sum of $200.00, and WHEREAS, John Goralski has submitted a letter to the Town Board of the Town of Queensbury disclosing the nature and extent of his interest in the above contract, which letter is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the notice of interest submitted by John Goralski is hereby made a part of the official record of the Town Board of the Town of Queensbury, pursuant to Section 803 of the General Municipal Law. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None A BSE N T:Mr. K urosako RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 218, 1990,lntroduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Audit of Bills appearing on Abstract April 2nd, 1990, numbering VR 90 - 1422 through VR 90 - 1654 and totaling $200,817.74, be and hereby is approved. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None A BSE N T:Mr. K urosako RESOLUTION TO RETAIN PROFESSIONAL SERVICES OF VALLEY EQUIPMENT COMPANY, INC. RESOLUTION NO. 219, 1990,lntroduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has determined that it is necessary to acquire professional services to furnish labor, equipment and materials to excavate a 2,000 gollon gas tank from West Granville, New York and disconnect piping, load the tank and transport the some to the Town of Queensbury Highway Department yord, and 279 WHEREAS, Valley Equipment Company, Inc., has offered to render such work for on amount not to exceed $1,200.00, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby authorizes and directs the Town Supervisor of the Town of Queensbury to retain the services of Valley Equipment Company, Inc., as referenced above, at o total amount not to exceed $1,200.00, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to sign and forward for processing any and all bills for services rendered, up to the maximum limit set by this resolution, upon the receipt of properly completed vouchers, and BE IT FURTHER RESOLVED, that the expenditures shall be paid for from Account No.: H45 1451628 300. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako RESOLUTION TO RESCIND RESOLUTION 180 OF 1990 RESOLUTION NO. 220, I990,lntroduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that Resolution No. 180 of 1990 entitled RESOL UTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE AND INSTALLATION OF GASOLINE STORAGE TANK FOR NEW YORK STATE POLICE SATELLITE OFFICE, posses by the Town Board on March 19, 1990 is hereby rescinded, and be it further RESOL VED, that the Town Clerk is hereby directed to amend all records accordingly. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko RESOLUTION AUTHORIZING CLOUGH HARBOUR TO PROCEED RESOLUTION NO. 221, 1990,lntroduced by Mrs. Marilyn Potenzo who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Clough Harbour to proceed with all testing and studies required pursuant to the agreement the Town, Warren County and Clough Harbour have concerning developing a plan for closure of the Queensbury, City of Glens Falls Landfill. Duly adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 222, I990,lntroduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenzo: 280 WHEREAS, the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss real property acquisition and litigation. Duty adopted this 2nd day of April, 1990, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monohon, Mr. Borgos NOES: None ABSENT:Mr. Kurosoko No action token after Executive Session. On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, MISS DARLEEN DOUGHER TOWN CLERK TOWN OF QUEENSBUR Y