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1991-03-26 SPECIAL TOWN BOARD MEETING MARCH 26, 1991 1 :03 p.m. TOWN BOARD MEMBER PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Marilyn Potenza GUESTS: Mr. James Coughlin, Landfill Supt. and Mr. Len Fosbrook, President of Springer Sanitation Service Inc. Supervisor Borgos-Opened the Meeting...the purpose of this meeting is to set public hearings in regard to recycling at the landfill...and amending Local Law and Ordinances regarding Queensbury/Glens Falls Landfill... Discussion held in regard to notification of Dept. Heads regarding input on issues relating to their departments Councilman Montesi and Councilman Monahan noted they would like to have information given to Depts. for their input before being presented to the Board....it was noted by the Supervisor that these issues have been talked about for months, noting that no one has been excluded... Attorney Dusek-Reviewed the various resolutions before the Board...Amendment to Local Law #13 and Amendment to Ordinance #10 to allow for the use of the Landfill for all of Warren County...this will allow for the consolidated plan to go into effect for all of Warren County...Proposed Local Law on Recycling add to proposed local law Section 4. Definitions-g) add garden and yard waste h) add duplexes, townhouses, condominiums Section 6 add, to the end-or maybe retained for personal use by the residential, commercial, industrial or institutional sector or by the commercial haulers Section 5 c) iii and iv omit the words metal or plastic neck bands from Section 7. second paragraph the words Town Supervisor be omitted and replaced by the words Town Board ...Regarding Ordinance #10 and Local Law #13 a new paragraph was added in Section 5 ... RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW PROVIDING FOR MANDATORY COLLECTION, SOURCE SEPARATION, AND SEGREGATION OF RECYCLABLES OR REUSABLE MATERIAL FROM SOLID WASTE RESOLUTION NO. 181, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provided for the mandatory collection, source separation, and segregation of recyclables or reusable material from solid waste in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the General Municipal Law Section 120-aa and the Municipal Home Rule Law of the State of New York Section 10, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on the same, 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 Queensbury Town Office Building, 531 Bay Road, Queensbury, Warren County, New York, at 4:00 P..M., on the 4th day of April, 1991, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, and RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also ben presented at this meeting concerning the proposed Local law in the manner provided by law. Duly adopted this 26th day of March, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None AbsentMrs. Potenza RESOLUTION SETTING PUBLIC HEARING ON ORDINANCE AMENDING ORDINANCE NO. 10 TITLED ORDINANCE RELATING TO USE OF TOWN DUMP AND LICENSING OF TRUCKMEN IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO. 182, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury previously adopted Ordinance No. 10, which generally concerns and relates to the use of the Town Dump and licensing of Truckmen in the Town of Queensbury, and WHEREAS, it appears appropriate to amend said Ordinance such that the provisions thereof restricting the solid waste disposal at the Landfill to that generated from within the Town of Queensbury are modified to allow the disposal of solid waste from anywhere in Warren County, under certain circumstances, and, WHEREAS, prior to any amendment, supplement, change or modification to the said Town of Queensbury Ordinance No. 10, it is necessary to hold a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on the 15th day of April, 1991, at 7:00 P.M. or as soon thereafter as the hearing may be commenced, in the Activities Center Meeting Room, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the said proposed Ordinance Amending Ordinance No. 10 Titled Ordinance Relating to Use of Town Dump and Licensing of Truckmen in the Town of Queensbury, Warren County, New York, and to hear all persons interested on the subject matter thereof concerning the same, and to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post notice of the hearing, in a form to be approved by the Town Attorney, which notice shall set forth a summary of the provisions of the modification to the Town of Queensbury Ordinance No. 10 proposed, and which notice shall be published in the Town of Queensbury official newspaper and posted on the Town Clerk's sign board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby determines the action about to be undertaken to be an unlisted action pursuant to the rules and regulations adopted by the Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, and that the Coordinated SEQRA Review is not necessary. Duly adopted this 26th day of March, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW AMENDING LOCAL LAW NO. 13 OF 1987 TITLED, "LIMITATION ON SOURCE OF SOLID WASTE DISPOSED AT QUEENSBURY'S SANITARY LANDFILL" RESOLUTION NO. 183, 1991, Introduced by Mr. George Kurosaka 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 Law to amend Local Law No. 13, of 1987 which Local Law provides for the limitation on the source of solid waste disposed at Queensbury's Sanitary Landfill, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption, it is necessary to conduct a public hearing on said proposed Local Law, 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 Queensbury Town Office Bldg., 531 Bay Road, Queensbury, Warren County, New York, at 4:00 p.m., on the 4th day of April, 1991, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same 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 has also been presented at this meeting concerning the proposed Local Law in the manner provided by law, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby determines the action about to be undertaken to be an unlisted action pursuant to the rules and regulations adopted by the Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, and that a Coordinated SEQRA Review is not necessary. Duly adopted this 26th day of March, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza RESOLUTION APPROVING USE OF ENGINEER REGARDING GROUNDWATER RESOLUTION NO. 184, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the following engineer is hereby approved by the Town Board of the Town of Queensbury acting as the Local Board of health to be able to determine the seasonal high groundwater mean level at times other than March, April, May, or June as listed in the Sanitary Sewage Disposal Ordinance for the Town of Queensbury adopted May 11, 1982 in accordance with Appendix F entitled, "High Groundwater Determination" currently located on page 24 of said Ordinance: Raymond H. Irish, PE & LS. Duly adopted this 26th day of March, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 185, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, certain departments have requested transfers of funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below: SUPERVISOR'S OFFICE FROM TO AMOUNT 01-1990-4417 01-4010-4400 $ 1,000.00 (contingency) (Health Officer Misc. Contractual) LANDFILL DEPARTMENT FROM TO AMOUNT 91-8160.4400 91-8160.2010 $ 3,000.00 (Misc. Contractual) (Office Equipment) Duly adopted this 26th day of April, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza RESOLUTION REGARDING AMERICAN CANCER SOCIETY BIKE-A- THON RESOLUTION NO. 186, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the American Cancer Society has contacted the Town of Queensbury and has indicated that it would like to hold its annual Bike-A-Thon on May 4th, 1991, and WHEREAS, as part of the Bike-A-Thon course, several Town roads are going to be used, and WHEREAS, the American Cancer Society has requested that the Town of Queensbury issue any approvals that may be required for said Bike-A- Thon, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury has reviewed the Bike-A-Thon route, and has also reviewed the Certificate of Insurance furnished by the American Cancer Society, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury has no objection to the Bike-A-Thon plan by the American Cancer Society, and BE IT FURTHER RESOLVED, that this event is subject to the approval of the Queensbury Highway Supt., and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be directed to notify the Warren County Sheriffs Department of the event, and the route of the event, as the same has been presented at this Town Board Meeting. Duly adopted this 26th day of March, 1991 by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza Supervisor Borgos-Noted that he has received a response from the Governor Office regarding an extension on the Landfill closure date...reply was negative...(copies given to the Press) DISCUSSION HELD-Regarding a house in Ward I not being on a Town Road...Attorney noted that a variance will have to be obtained, in order to obtain a C/O Councilman Monahan-Requested a date be set for road tour...Councilman Montesi-requested a workshop on Affordable Housing overlay zone... Supervisor Borgos, suggested that on April 4th we hold a Special Town Board Meeting with a workshop on Affordable Housing and Zoning Amendments... Councilman Montesi-requested that research be done on the status of sidewalks on the Boulevard in regard to fixing them, who is responsible...Town Attorney Dusek-requested that Resolution No. 182 1991 be amended to allow for proper advertisement time, please amend the resolution to reflect the date of April 15, 1991 at 7:00 P.M. as the Public Hearing date... RESOLUTION TO AMEND RESOLUTION NO. 182 OF 1991 RESOLUTION NO. 187, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that Resolution No. 182 of 1991 be amended to reflect the Public Hearing date of April 15, 1991 at 7:00 P.M. Duly adopted this 26th day of April, 1991 by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza DISCUSSION held regarding when mandatory recycling will be in effect... it was suggested that time be allowed for education of the public.. Supervisor Borgos noted that he will forward our proposed Local Law to the City so they can coordinate with the Town...we should know about the Cities program by the time of the public hearing... Town Attorney-regarding the bids on the floodproofing project, the engineer has requested the following 1. reference drawings be given to each bidder 2. extend the time completion period from 70 days to 120 day... revise the bidding documents to reflect this 3. the bid opening date extended to April 4th... RESOLUTION TO AMEND BIDDING DOCUMENTS ADDENDUM #2 RESOLUTION NO. 188, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the proposed Addendum #2 be sent out and added to all bidding documents in connection to the contract for floodproofing for the Water Treatment Plant Intake facility. Duly adopted this 26th day of March, 1991 by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 189, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session regarding personnel matter. Duly adopted this 26th day of March, 1991, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza (Executive Session held) RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 190, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board hereby adjourns the Executive Session and moves into Regular Session. Duly adopted this 26th day of March, 1991 by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mrs. Potenza On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury