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1991-11-18 REGULAR TOWN BOARD MEETING NOVEMBER 18, 1991 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS KATHLEEN KA THE, RICK MISSIT A, PAUL NAYLOR (INCOMING BOARD MEMBERS) MIKE BRANDT, SUSAN GOETZ, PLINEY TUCKER, NICK CAIMANO PRESS G.F. POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI PUBLIC HEARING LOCAL LAW SEWERS AND SEW AGE\OPENED SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK DOUGHER-Yes it has. SUPERVISOR BORGOS-Is there anyone here who is interested in talking about this specific local law dealing with sewers and sewage disposal? Any questions or concerns? I'll ask our Town Attorney very quickly this is just a modification as I recall. ATTORNEY DUSEK-There is already in the Code of the Town of Queensbury a Chapter 136, provisions concerning the connections for sewer requirements. If the Board will recall we've had a few requests in terms of individual difficulties either with the connection process or the length of time that is being allowed. This provision basically allows the Town Board to consider variance applications and sets forth the criteria, one, for the applications itself and two, for the decision process. It basically also provides details out of mechanism by which people can at least ask or request for relief. SUPERVISOR BORGOS-This will take care of I believe roughly four questions that have come in over the last two years and others that would follow. Anyone in the sewer district who has specific concerns would if this law is adopted simply be able to fill out a form that's specified in here and with certain criteria would be entitled to a possible variance by this Town Board or by the Town Board. Anyone who has specific comments or questions about that? Hearing none, Board members anything? All right we will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 17, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEW AGE DISPOSAL" TO AMEND SECTION 136-44 THEREOF, AND TO ADD A NEW SECTION PROVIDING FOR THE GRANTING OF VARIANCES OR WAIVERS FROM SEWER CONNECTION REQUIREMENTS RESOLUTION NO.: 593,1991 INTRODUCED BY: MR. RONALD MONTESI WHO MOVED ITS ADOPTION SECONDED BY: MR. GEORGE KUROSAKA WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a local law which would amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal" to amend Section 136-44 thereof, and to add a new section providing for the granting of variances or waivers from sewer connection requirements, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 18th day of November, 1991, by the following vote: AYES Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ENACT LOCAL LAW NUMBER 17, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 136 THEREOF, ENTITLED "SEWERS AND SEW AGE DISPOSAL" TO AMEND SECTION 136-44 THEREOF, AND TO ADD A NEW SECTION PROVIDING FOR THE GRANTING OF VARIANCES OR WAIVERS FROM SEWER CONNECTION REQUIREMENTS RESOLUTION NO. 594, 1991 INTRODUCED BY: Mr. George Kurosaka WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal" to amend Section 136-44 thereof, and to add a new section providing for the granting of variances or waivers from sewer connection requirements, and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 136 Thereof, Entitled 'Sewers and Sewage Disposal' to Amend Section 136- 44 Thereof, and to Add a New Section Providing for the Granting of Variances or Waivers From Sewer Connection Requirements", has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on November 18, 1991, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 136 thereof, entitled "Sewers and Sewage Disposal" to amend Section 136-44 thereof, and to add a new section providing for the granting of variances or waivers from sewer connection requirements, to be known as Local Law Number 17, 1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None LOCAL LAW NO. 17,1991 A Local Law To Amend the Code of the Town of Queensbury, Chapter 136 Thereof, Entitled "Sewers and Sewage Disposal", To Amend Section 136-44 Thereof, And To Add A New Section Providing For The Granting of Variances or Waivers From Sewer Connection Requirements SECTION 1: Chapter 136 of the Code of the Town of Queensbury, Section 136-44, is hereby amended to read as follows: "§136-44. Connection to sewers required. The owner(s) of all houses, buildings or other structures and any properties used for human occupancy, employment, recreation or other purposes, situated within the sewer district and located within two hundred fifty (250) feet of a public sanitary sewer of the sewer district, is(are) hereby required at the owner's expense to install suitable sanitary facilities therein and to connect such facilities directly with the public sewer within one (1) year, in accordance with the provisions of this Part 3, unless a greater distance or an earlier date is mandated by the New York State Health Department or unless there are substantial physical obstructions, in which case the owner(s) may appeal to [the New York State Health Department] and the Queensbury Town Board, whose decision shall be final and binding." SECTION 2: Chapter 136 of the Code of the Town of Queensbury is hereby amended to add a new section following Section 136-44, to be known as Section 136-44.1, as follows: Section 136-44.1 - Variances or Waivers from required sewer connections. A. Variances or Waivers Authorized. The Town Board of the Town of Queensbury is hereby authorized, upon request, to waive the sewer connection requirement of Section 136-44 hereof, or vary the time in which such connection must be made, provided that the following standards and criteria or conditions are met or demonstrated and provided further that the following procedure is followed. B. Variance or Waiver Request. Requests for variances or waivers from said Section 136-44 shall be made in writing by the person, corporation, partnership or association having fee title ownership to the building and real property for which the variance or waiver is requested. If there is more than one owner, all owners must join in the request. Such request shall be submitted to the Town Clerk for the Town of Queensbury and shall provide the following information, the furnishing of which may be waived by the Board: 1) Names and addresses of all owners of the building(s) and real property for which the variance or waiver is requested. 2) Post Office Address, Street Address and the Map Number of the subject property. 3) The estimated distance, in feet, from the building to the Town sewer pipeline to which connection is required. 4) A statement as to whether any physical obstructions exist which may make the connection difficult or impossible. 5) If the cost of connection is provided as a basis for the variance or waiver requested, the estimated cost of the connection. 6) Description of the current sewage disposal system providing sewage service to the premises, with a statement as to whether the same is currently properly functioning. C. Variance or Waiver Procedure and Criteria for Town Board Decision Thereon. 1) The Town Clerk of the Town of Queensbury, upon receipt of a written request for a variance or waiver from the provisions of Section 136-44 hereof, shall present the same to the Town Board of the Town of Queensbury at the next regularly scheduled Town Board Meeting following receipt, provided that such request is received at least two (2) full business days prior to said meeting. In the event such request is not received by the required time period, the Town Clerk shall submit the same to the Town Board at its next or second regularly scheduled Town Board Meeting following receipt of the request, with such submission date to be determined by the Town Supervisor. 2) Upon presentation of the request for a variance or waiver, the Town Board shall set a date for a hearing upon the request, which hearing date shall be not more than ninety (90) days from the date the request is presented to the Town Board. The hearing shall be on written notice to the applicant, and said applicant shall be entitled to a maximum often (10) days written notice. The notice may be waived by the applicant by affirmative action or appearance at the time and place of the hearing. By application for the variance, the applicant agrees to the use of the United States Postal Service for service of all written communications between the Town Board and the applicant. Notice shall be deemed to have been given to the applicant when the same is mailed by appropriately wrapping, addressing and placing the appropriate postage on the same and depositing the same in a United States Postal Service Receptacle for mail pick-up or given to an appropriate United States Postal Employee. 3) At the hearing, the applicant may be represented by an attorney and shall be given the opportunity to speak to the Town Board and present any written or other evidence, including that consisting of the testimony of an expert or other witnesses that the applicant feels is supportive of the application for a variance or waiver. The Town Board shall have the opportunity to ask any questions or request such other evidence or information that it feels is relevant to the applicant's request. 4) In granting a variance or waiver, the Town Board may consider one or all of the following circumstances: (a). The distance from the building to the Town sewer pipeline to which connection is required. (b). The cost of the connection. (c). The existence or nonexistence of any physical obstructions. (d). The financial loss to be sustained by the property owner in the event of nonuse of the current system. (e). Whether the current sewage disposal system is properly functioning. (t). Whether any right-of-ways or easements are needed in order for the applicant to make the connection to the Town Sewer System. (g). Whether strict application of the connection requirement of Section 136-44 would result in a specified difficulty to the applicant, for which the applicant has not been given a reasonable time to respond to or address, and whether the variance or waiver would be materially detrimental to the purposes of this Chapter or the property and the district in which the property is located or otherwise conflict with the description or objectives of the plan or policy of the Town, and that the interests of justice are served. 5) In the event that the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a). In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than 250 feet from the sewer pipeline to the building or structure to be connected, or a documented inability to obtain an easement or right-of-way over which a sewer line must pass in order to connect to the Town sewer system, the Town Board may grant a permanent waiver from the requirement that the applicant connect the subject property, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury Laws and Regulations and appropriate New Yorks State Agency Rules and Regulations. (b). In the event that circumstances giving rise to the request are due to excessive costs of connection, the financial loss to be sustained by the property owner in the event of nonuse of the current system or another specified difficulty which makes it difficult or impractical for the applicant to connect to the Town sewer system and the applicant is willing to pay the full and usual sewer rents or taxes accruing against the property, the Town Board may grant an extension of time not exceeding two (2) years in which to connect to the Town sewer system, provided that the sewage disposal system currently serving the property is operational, in accordance with the Town of Queensbury Laws and Regulations and appropriate New Yorks State Agency Rules and Regulations. Prior to or after the expiration of the extension of time provided by the Town Board, the applicant may reapply for a further variance or waiver on any of the grounds set forth herein, including the original grounds for which a variance or waiver was requested. 6) The Town Board shall have 60 days from the date of the hearing in which to render its decision, which shall be rendered by resolution adopted by majority vote of the entire Town Board. A copy of the resolution shall constitute the decision and shall be mailed to the applicant following the meeting at which the same is adopted. 7) In the event that the applicant wishes to appeal or have the decision of the Town Board reviewed, the appeal or request for review shall be made to the Supreme Court of the State of New York within the time period and in accordance with the rules and procedures set forth in CPLR Article 78. Other than this right of appeal or review, the applicant shall have no other legal recourse and the Town Board. The Town of Queensbury shall bear no monetary liability in connection with any grant or denial of a waiver or variance in connection with this Section. SECTION 3. EFFECTIVE DATE This Local Law shall become effective upon the filing of the same with the Secretary of State, in accordance with the provisions of the Municipal Home Rule Law of the State of New York. PUBLIC HEARING LOCAL LAW/GARBAGE, RUBBISH, REFUSE/OPENED SUPERVISOR BORGOS-I'll ask if this has been advertised? TOWN CLERK DOUGHER-Yes it has. SUPERVISOR BORGOS-For the record it has been advertised. Anyone here who has questions or concerns about this specific local law? Any Board members with comments or questions? I'll ask the Town Attorney just briefly again, so everyone knows, tell us the important part of this. TOWN ATTORNEY DUSEK-Once again, this is an amendment to an existing local law. The Town of Queensbury has laws on it's books which prohibits the dumping of garbage, rubbish or refuse in places in the Town of Queensbury other than the place where it's suppose to be that is, of course, the landfill. Recently when reviewing the law it came to my attention that it wasn't very clear in one paragraph that the landfill was the place obviously where people were allowed to dump their garbage. This is all it's been, just a clarification to make the law read fully and completely and it's underlined in that section. SUPERVISOR BORGOS- Thank you. PUBLIC HEARING CLOSED RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 18, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 96 THEREOF, ENTITLED "GARBAGE, RUBBISH AND REFUSE" TO AMEND SECTION 96-4 BY ADDING NEW LANGUAGE CONCERNING DUMPING RESOLUTION NO.: 595,1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED ITS ADOPTION SECONDED BY: MR. GEORGE KUROSAKA WHEREAS, the Town Board of the Town of Queensbury is considering the action of the adoption of a local law which would amend the Code of the Town of Queensbury, Chapter 96 thereof, entitled "Garbage, Rubbish and Refuse" to amend Section 96-4 by adding new language concerning dumping, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ENACT LOCAL LAW NUMBER 18, 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 96 THEREOF, ENTITLED "GARBAGE, RUBBISH AND REFUSE" TO AMEND SECTION 96-4 BY ADDING NEW LANGUAGE CONCERNING DUMPING RESOLUTION NO. 596, 1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED ITS ADOPTION SECONDED BY: MR. GEORGE KUROSAKA WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law to amend the Code of the Town of Queensbury, Chapter 96 thereof, entitled "Garbage, Rubbish and Refuse" to amend Section 96-4 by adding new language concerning dumping, and WHEREAS, a copy of the proposed local law entitled "A Local Law to Amend the Code of the Town of Queensbury, Chapter 96 Thereof, Entitled 'Garbage, Rubbish and Refuse' to Amend Section 96-4 by Adding New Language Concerning Dumping", has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on November 18, 1991, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to amend the Code of the Town of Queensbury, Chapter 96 thereof, entitled "Garbage, Rubbish and Refuse" to amend Section 96-4 by adding new language concerning dumping, to be known as Local Law Number 18,1991, the same to be titled and contain such provisions as are set forth in a copy of the proposed law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None Local Law 18, 1991 A Local Law to Amend the Code of The Town of Queensbury Chapter 96 Thereof, Entitled "Garbage, Rubbish and Refuse" To Amend Section 96-4 By Adding New Language Concerning Dumping Section 1. Chapter 96 of the Code of the Town of Queensbury, Section 96-4, Dumping prohibited, is hereby amended to read as follows: §96-4 Dumping prohibited. No person, firm or corporation shall dump or deposit any offal, garbage or refuse of any kind upon any lands in the Town of Queensbury except in or upon lands designated by the Town of Queensbury as a Town of Queensbury/City of Glens Falls Landfill. Section 2. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. DISCUSSION HELD COUNCILMAN POTENZA-Noted that she has received two concerns from her constituents of Ward 3. A request for a street light on the corner of Bonner Drive and Shallow Creek Road for security and safety reasons with a petition of a dozen names. (Presented this to the Lighting Committee) Received a letter from Tom Jenkins from the Warren County Safety Board concerning traffic concerns on Old Forge and Peggy Ann Road. (Presented this to Town Highway Department) SUPERVISOR BORGOS-Noted the concerns that have been raised for the group homes proposed by the Wilton Developmental Center. Has received a proposed resolution from an individual that represents the consensus of opinion of at least a part of the community a proposed resolution regarding community residences for the mentally disabled. Noted the resolution proposes to have a site review committee of citizens to look at the entire situation on a town wide basis and to work with Wilton to try to resolve this problem in a way that meets the concerns of the law and the concerns of the people. TOWN CLERK-Read proposed resolution. SUPERVISOR BORGOS-Asked if anyone wanted to make a recommendation to add or change the resolution. COUNCILMAN MONTESI-Noted that at 3:00 p.m. on November 19th, 1991 at the Warren County Supervisor's Room there will be a presentation by Mr. Donahue from Wilton Developmental Center which is open to the public the topic being the timing and closure of the Wilton Developmental Center and the impact on the adjoining communities. TOWN ATTORNEY DUSEK-Noted a different strategy has come to his attention. The strategy of trying to involve the Commissioner of the Department of Mental Hygiene at an early stage by way of a letter authorized by the Board to him. Even though it hasn't come before him to intervene at this point and stay the time clocks under the circumstances. Would like to explore this aspect a little further and would like to explore a few other options. SUPERVISOR BORGOS-Asked for public comment regarding specific resolution or any proposed improvements to it. ATTORNEY DAVE PENTKOWSKI-Clifton Park, representing the Twicwood Homeowners Association. Noted he doesn't think anyone would have objection to the specific resolution proposed, has a concern for the time limits involved in this project. RESOLUTION REGARDING COMMUNITY RESIDENCES FOR THE MENT ALL Y RETARDED AND DEVELOPMENT ALL Y DISABLED PERSONS RESOLUTION NO.: 597,1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED ITS ADOPTION SECONDED BY: MR. GEORGE KUROSAKA WHEREAS, the Town of Queensbury has been notified by the Wilton Developmental Disabilities Service Office (the "Sponsoring Agency") of its intent to establish community residences for mentally retarded and developmentally disabled persons in the Town of Queensbury, and WHEREAS, the Town of Queensbury recognizes its civic responsibility and statutory duty to cooperate with the Sponsoring Agency to identify suitable sites within the Town that can best accommodate the needs of the individuals which are to occupy the community residences, and WHEREAS, the Sponsoring Agency has identified three current sites for community residences, namely 7 Maplewood Drive, 23 Owen Avenue, and 81 McCormack Drive, which sites mayor may not be the most suitable sites within the Town, and WHEREAS, the Sponsoring Agency may identify and notify the Town of Queensbury of additional future sites for such residences, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates and appoints a Site Review Committee to become familiar with the special needs of the individuals to be served and the types of houses and locations that would be most appropriate for meeting those needs and determines that the members of said Committee, who shall have no authority to bind the Town Board without the Town Board's consent, shall be as follows: A thirteen member Board appointed by the Town Board as follows: Three from Ward One, three from Ward Two, three from Ward Three, three from Ward 4 and one person to be appointed by the Town Board as Chairman who would only vote in case of a tie. and, BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury indicates that it: 1) shall map and identify within the Town of Queensbury current community residential facilities and other similar facilities licensed by other agencies of state government in order to update the Sponsoring Agency's data compiled pursuant to Section 463 of the Social Services Law so that a reasonable determination can be made as to the affect of placing a residential facility on the nature and character of the area of each proposed site; 2) shall suggest to the Sponsoring Agency alternative suitable sites within the statutory time period offorty (40) days; and 3) shall work with the Site Review Committee and seek public input to locate and identify suitable alternative sites within the Town. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION REGARDING PUBLIC HEARING ON COMMUNITY RESIDENCE SITED AT 7 MAPLEWOOD DRIVE IN THE TOWN OF QUEENSBURY BY THE WILTON DEVELOPMENTAL DISABILITY SERVICE OFFICE RESOLUTION NO.: 598,1991 INTRODUCED BY: MR. RONALD MONTESI WHO MOVED ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN WHEREAS, the Town of Queensbury has been notified by the Wilton Developmental Disability Service Office of its intent to establish community residences for mentally retarded and developmentally disabled persons in the Town of Queensbury, and more specifically at 7 Maplewood Drive in the Town of Queensbury, and WHEREAS, the notification was made pursuant to Section 41.34 of the Mental Hygiene Law of the State of New York, such law providing therein that the municipality may hold a public hearing before forwarding a response to the Commissioner, and WHEREAS, the Town Board of the Town of Queensbury has adopted a resolution generally responding to the site location of community residences in the Town of Queensbury by the Wilton Developmental Disability Service Office and desires to hold a public hearing in an effort to assist in developing further responses to the Wilton Developmental Disabilities Service Office with regard to the 7 Maplewood Drive location, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that a public hearing be held on the 2nd day of December, 1991, at 7:00 p.m. at which time all persons interested in the subject matter of the placement of a community residential facility by the Wilton Developmental Disabilities Service Office at 7 Maplewood Drive in the Town of Queensbury shall have an opportunity to be heard and the Town Board of the Town of Queensbury will consider all comments and information presented relative to the said issue of the siting of a community residential facility on the date and time indicated herein, and BE IT FURTHER, RESOLVED, that the aforementioned public hearing shall be conducted in a manner similar to that conducted by the Town Board of the Town of Queensbury in connection with or at the time of consideration of adoption of local laws for the Town in accordance with the Municipal Home Rule Law of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Clerk shall provide such notices of the aforesaid public hearing as is usually required by the Municipal Home Rule Law when the Town Board is considering the adoption of local laws, and BE IT FURTHER, RESOLVED, that in any event, the Town Clerk shall publish notice in the official newspaper of the Town of Queensbury and post the same on the bulletin board not later than 10 days prior to the date of the public hearing authorized herein. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None OPEN FORUM MR. THOMAS MCDONOUGH-My name is Tom McDonough, I took a look at the criteria there, established or have given us with respect to what we are talking about to equal or better site and I find it interesting that some of the other sites that they have already established homes are two story multiple room or multiple level dwellings and apparently I gather from what Ron Montesi has said there are other sites coming into the area and they have selected perhaps these sites for the type of people that they are going put into these particular homes. Without knowing what are going to go into these other homes or how many other homes are going to be selected or where they are going to be selected or how they are going to be available. So, the criteria that we have here is limited, very limited and I do not know where you get the other criteria that they use for even the selection of this type of a home. So, I would like to somewhere before this forum comes around and while we are talking about transferring information as to whether or not this criteria they have established for the selection of this type of home may not be a subjective criteria and may have no basis whatsoever except for those who are around selecting the sites. The reason I say that is because if something happens to one of the residents of that home and they have got a specific number of people that they have to place if a person is invalidate and is in that home because it is an invalid home that home may in six months or a year turn into a home that does not have any invalids in it whatsoever and could just as well be a two story home. So, to that extent I come back and looked at the criteria that they have given us and find that they have done it for just for this one short fix for these six or eight people without any long term objectives as to what they are doing to this community. This is especially important to us because they are going to be here and it is going to change the character of those people who are using it because obviously the life expectancy of the sixty or seventy or eighty, ninety year old person over there is not going to be twenty or thirty years. And many people are going to be here in the total community and as I gather there is federal financing for the purposes of assisting this but somewhere along the way these people are going to be the obligation of the local municipality when the funding is cut off and we are going to be set with residences that really are totally inadequate for the purpose they were originally thought of for the general big picture. I think that when we start dealing with this resolution that has been passed and I agree with that is, that we are looking for the big picture for Queensbury not just the three that they have selected now and the three they are going to get next and the ultimate dozen or sixteen that we are going to have here. Because they are going to be here and present and again I come back I have seen no factual established criteria as to why they have made this criteria for these homes except that they need an immediate place to put a total of twenty people. COUNCILMAN POTENZA-I do not think that there is a criteria Tom for the individuals, I think there is a criteria unfortunately for the over all picture. I am talking now as a real estate broker, they gave a criteria for the dwelling but they did not give a criteria to say that indeed they all had to be on one floor or they you know, it had to be square footage and the bedrooms had to be such a size MR. MCDONOUGH-Square feet per person COUNCILMAN POTENZA-Per person, the same thing with closets and the same thing with bathrooms, but there was no criteria for the handicapped of the individual. MR. MCDONOUGH-In the literature I read there was a criteria that they would not, did not even want a split level for those who had ambulatory problems and that was the reason they would not even go to a split ranch. That is in some of the documentation that was provided to us last week. The truth of the matter is that could be a very temporary passing situation so far as investing the type of money they are talking about to come into the community to establish a residence, that was there. They did mention that they wanted a ranch. The criteria said that they did, the paper work said they did not want a split ranch. But, yet they got similar types of homes in two story buildings, they put three stories but I do not know if they use the third story over in Fort Edward. COUNCILMAN MONAHAN-They can't use the third or the basement. MR. MCDONOUGH-It says that but the one in Fort Edward that I took a look at has both, both the basement and third story first and second. COUNCILMAN MONAHAN-Are in use? MR. MCDONOUGH-Oh, I do not know that, the point is the structure is there, ok, and that was alright for that type of establishment. That is why when they start saying why do we just have to have a ranch or we can't have a split ranch that is not so, they have limited there target for these three first residences homes with that objective in site and I come back that is the issue the criteria which I think are very important because I do not think they are established anywhere. So if they become subjective to the person who is looking for the site. COUNCILMAN MONAHAN-The other night, Tom at the first meeting the State people very definitely said that though this was the personnel that they believed was going in as a first layer of clients once something happened to that layer of clients they had no idea what would go in there after that and they were very fast to say that. MR. MCDONOUGH-And the reason that they say that is they are premium spots and somebody goes in to, out of the residents for a long term hospital care that person is no longer a resident it gets filled by another resident, because this is a shifting type of problem and that is why I say when we are talking about just these three particular sites at this point in time we are forced to do that because we are under certain statutory time limitation but I think the big picture as Ron pointed at is, they ought to let us know now how they are going to saturate the area because in fact it may become a saturation problem. Right now we are only talking about here. COUNCILMAN MONTESI-Not only a saturation problem Tom, but maybe we are an affluent community and nobody has raised the issue at any of the meetings yet but they certainly did in Argyle and that is that if we have eight, ten or twelve homes they come off the tax rolls to, so if you take a home that is paying twenty five or three thousand dollars in taxes be it County, State, School and Town you could easily have in this price range a twenty five hundred dollars for each home coming off the tax rolls and that has an impact to on our community. MR. MCDONOUGH-I think that is the political side that has to be looked at from that side the subjective aspects of what is going on through the community so far as the site review committee. COUNCILMAN MONTESI-The taxes get divvied up among those that are still paying. MR. MCDONOUGH-Correct, ..all these number of homes in a small community that does not have a big tax base. COUNCILMAN MONTESI-That is why Argyle raised that issue. MR. MCDONOUGH-I know you come back to find out what they submitted criteria to us but I think the criteria other than what they have given us so far as the specific numbers as set down by statute there is no other criteria whatsoever except what is subjective and if it is subjective for them, then I think it can be equally subjective for ourselves and perhaps after you have gone through that Paul, if you take a look at it either, give Mr. Pentkowski a call or give them a call back who supplied the material and say where does this other criteria come from. MR. JOHN CORDES-Clark Street, Queensbury. Questioned the Board about the organization of the Citizens Committee for the neighborhood group homes. Thinks the committee should be selected evenly from within the wards. COUNCILMAN KUROSAKA-Asked if Mr. Cordes would like to volunteer for the fourth ward. MR. CORDES-Stated he would like to volunteer for the fourth ward. CHUCK MCNULTY - Twicwood Drive. Suggested to the Board to get people that would interested in this, but to make sure they have a responsibility to adequately represent everybody within their area. DARRYL GETMAN- Twicwood Drive. Questioned the Board about the resolution passed asked if it specifically talked about three sites. SUPERVISOR BORGOS-Stated the resolution talked about three sites and it talked about forming a committee, doesn't think it talked about people from that immediate area. MR. GETMAN-Questioned the Board if this applies to those people that should be involved. SUPERVISOR BORGOS-Recommended that the resolution stay the way it is so the Board could start action on it. MIKE BRANDT-Noted a lot of thought should go into what the Town is going to propose to New York State as a criteria that would be better for alternate sites. COUNCILMAN MONAHAN-Suggested to the Board that there may be people out in the community that have sites that would be willing to put them on the market that are not on the market at the present time. Asked if they could contact the Supervisor's Office on this matter. SUPERVISOR BORGOS-Agreed. MARTHA COUGHLIN-Twicwood Drive. Noted that the only area the State had chosen, another site, was a house in the same neighborhood where they proved it would be less money to do it, noted you should be real careful on where you look for these homes. JUNE MANIACEK-Questioned the Board about the budget and the funds for the Hovey Pond project, concerned for the safety of children in the area. SUPERVISOR BORGOS-Noted that Hovey Pond is capital project and the final financing of the project will be up to the new Board. PAUL NAYLOR, HIGHWAY SUPERINTENDENT-Noted that they have received approval from DEC to put a twenty four inch culvert in the dam to keep the water down. Noted they will be finished in the next couple of days at Hovey Pond and at the landfill and that the pond will be fenced in with netting. JIM FARROW -MCCORMACK DRIVE, QUEENSBURY -Commended the Board in taking an active role in resolving the situation with the group homes. Questioned the Board about this idea being proposed to the Town of Queensbury back in April. SUPERVISOR BORGOS-Noted that Mr. Donahue from Wilton Developmental Center did appear and make a presentation before the Board on April 15th and at that time he talked about the concept of Wilton Developmental Center closing to his knowledge he did not specifically indicate the communities in which the residences would be relocated. For the record the Board did not have any involvement in the selection for determining the number and site for the homes. MIKE BRANDT, QUEENSBURY-Noted to the Board that he has made a appointment to meet with Mr. Donahue from Wilton Developmental Center on November 19th, at 10:00 a.m. at Wilton, asked Supervisor Borgos to join them if his schedule permitted. Questioned this Board that if they feel committed to the Hovey Pond project thinks the Board should include some money for it. MARY LEE GOSLINE, BLIND ROCK RD, QUEENSBURY-Owns property on LaFeyette Street. Noted to the Board there were a number of people that were to speak at the 4:00 p.m. meeting that was canceled today regarding their concern for the Hovey Pond. Would feel more secure if there was some money left in the budget for the project. DAVID KINNEY-Questioned the Board about the $15,000 that was discussed about the Homefront project, asked if this has been addressed. SUPERVISOR BORGOS-Noted that the Board has not reached a conclusion on this as of yet. JAN KENNAN-Questioned the Board about the Hovey Pond project. Concerned about the funds available for the project and for the safety of the children in the area. MRS. TARANA-After last weeks informational meeting, Mr. Dusek you were asked if the fact that Queensbury has three houses, I am back to the community residences, that Queensbury has three homes to deal with had been tested any place else in cases, did you get any information on that? ATTORNEY DUSEK-I have not found any as of yet in researching the cases that I have, there was a few issues that I was taking a look at, if you recall one of the other issues that was raised was the question of constitutionality and that one did not go too much better in and of itself. You might find it interesting that for instance similar challenges have been made in other statutory cases and some of which you are probably familiar with the AP A for instance was challenged on constitutional grounds that one was lost. District Attorneys salaries were also challenged and that was lost, this is a very similar type of case in as much as it deals with the same Article 9, Section Article 9 of the Constitution of New York State, so I checked that and I did check into to see if I could find any cases, I have not yet found any and I am not going to say there aren't any but I have not been able to find any. Tonight, I received Mr. Pentowski's card you have heard of course that he apparently has had some dealings so I will certainly be in touch with him to continue to explore this, this whole issue. I have as also mentioned tonight developed some ideas on thoughts of maybe contacting the Commissioner and other recommendations I would like to explore with the Board but I felt it was just too early tonight to jump the gun on a particular aspect until we just get into this a little bit more. Since we do have some time I would like to take a few days and just make sure that whatever I discuss with the Board in recommendations that I make that it doesn't put the town in an awkward position later, that is always the name of the game you try to pick out what is going to be the best solution, or at least the Board will decide but I hope to make good sound recommendations so, I am in the process of doing that, if that helps to answer your question. MRS. T ARANA-I just wanted to point out that I spoke to the Executive Director of Community Services Board which is supposed to be involved with this whole citing, moving out of the Wilton Developmental Center and she pointed out to me that finding an alternative site been tested and the State has been upheld, finding, trying to prove concentration has been tested and its been upheld, the State has been upheld again, her feeling the only real argument that the Town of Queensbury has is that we have to deal with three places at the same time. The only chance of getting an extension is to write to the Commissioner as soon as possible and tell him that this is just an unfair situation for a Town a Municipality to have to deal with three homes. You can verify that with her, she is very willing to be cooperative and answer any questions but she did feel that is probably the only real case you have got. I just pass that on for your information. SUPERVISOR BORGOS-Anyone else on any particular subject, if not we will close the open forum. OPEN FORUM CLOSED DISCUSSION HELD SUPERVISOR BORGOS-Spoke to the Board in regard to a memo he has received by the Deputy Fire Marshall concerning residents building incinerators for burning cardboard and paper. TOWN ATTORNEY DUSEK-Recommended that the Fire Marshall call DEC and speak to the people that handle this matter. RESOLUTIONS RESOLUTION APPROVAL OF MINUTES RESOLUTION NO. 599, 1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI WHEREAS, the Town Board of the Town of Queensbury hereby approves the minutes of October 30, 1991. Duly adopted this 18th day of November, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None Abstain:Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.: 600,1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED ITS ADOPTION SECONDED BY: MR. GEORGE KUROSAKA WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, 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, for the 1991 budget, WASTEWATER FROM TO AMOUNT 32-8130-2001 32-8130-4300 $3,200.00 (Quaker Road Sewer (Utilities - Quaker District Equipment) Road Sewer District) Duly adopted this 20th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TRANSPORTATION SERVICES FOR QUEENSBURY SENIOR CITIZENS RESOLUTION NO.: 601,1991 INTRODUCED BY: MR. GEORGE KUROSAKA WHO MOVED ITS ADOPTION SECONDED BY: MR. RONALD MONTESI WHEREAS, the Town Board of the Town of Queensbury is desirous of advertising for bids for transportation services for the senior citizens in the Town of Queensbury, and WHEREAS, a proposed advertisement and specifications have been drafted and presented to the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the advertisement of bids for transportation services for senior citizens in the Town of Queensbury in accordance with the advertisement and specifications presented at this meeting, and BE IT FURTHER, RESOLVED, that the advertisement for bids shall be advertised in the official newspaper of the Town of Queensbury not later than November 25, 1991 and the bids shall be opened on December 16th, 1991, with the same to be considered at the Town Board Meeting on December 16th, 1991 and BE IT FURTHER, RESOLVED, that in the event that it desires to exercise the option, the Town Board of the Town of Queensbury reserves the right to reject all bids. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 602,1991 INTRODUCED BY: MR. GEORGE KUROSAKA WHO MOVED ITS ADOPTION SECONDED BY: MRS. MARILYN POTENZA WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT General Fund Ft. Amherst Lighting $ 700.00 (Fund #01) (Fund #20) General Fund W. Queensbury Lighting $2,800.00 (Fund #01) (Fund #24) and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as possible, but not later than the close of the 1991 Town Fiscal Year, and the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment in accordance with Section 9-A of the General Municipal Law. Duly adopted this 18th day of November, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF PROPERTY FROM ELIZABETH DOYLE RESOLUTION NO.: 603,1991 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED ITS ADOPTION SECONDED BY: MRS. MARILYN POTENZA WHEREAS, the Town of Queensbury is desirous of purchasing certain property located at or near the corner of Bay and Quaker Roads, in the Town of Queensbury, the same bearing Tax Map number 62-1-9.1, and also shown on a survey map presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury, after having the property appraised by a certified real property appraiser and after considering the size of the subject property and the fact that it is appropriate to acquire the parcel due to its proximity to the intersection of Quaker and Bay Roads and Halfway Brook, is of the opinion that the parcel in that location will benefit the Town and that acquisition of the same is consistent with the Town's desire to continue to protect and make available, Halfway Brook for the benefit of its citizens, and WHEREAS, the Town Board is desirous of authorizing the purchase of said property in fee simple absolute by the Town of Queensbury subject to the Town Attorney's approval of a contract of sale and title such that the Town is able to acquire marketable title subject to the easements and rights shown on the survey map presented at this meeting and other ordinary utility easements, NOW, THEREFORE, BE IT RESOLVED, that this Resolution shall authorize purchase of said property (Tax Map No. 62-1-9.1) for the sum of $5,000.00, but not obligate the Town to buy the aforementioned property until a contract has been executed by the Town Supervisor and a permissive referendum period expires without a request for referendum being filed or, if such is filed, until the purchase is approved by an affirmative majority of qualified electors of the Town of Queensbury voting on the proposition, and BE IT FURTHER RESOLVED, that the Town Attorney shall approve the form of the Contract of Sale and shall review title to determine whether the Town will acquire marketable title in fee simple absolute, and subject to the easements and rights shown on the survey map presented at this meeting and any other ordinary utility easements, and BE IT FURTHER RESOLVED, the Town Attorney is authorized to obtain a contract for title insurance for said parcel on behalf of the Town of Queensbury in an amount not-to-exceed $500.00, and BE IT FURTHER RESOLVED, that pursuant to the Town Law of the State of New York, Section 64(2), and subject to the conditions of this Resolution, the Town Supervisor is hereby authorized to execute and place the seal of the Town of Queensbury on the sale contract, as well as the deed and any other documents necessary to purchase the property, to arrange for transfer of ownership to the Town of Queensbury, to arrange to collect the title documents from the seller, and to make payment for said property, and BE IT FURTHER RESOLVED, that payment for the property and all associated title and filing costs shall be from the Community Beautification account, and BE IT FURTHER RESOLVED, that in accordance with Section 64 of the Town Law of the State of New York, this Resolution is subject to a permissive referendum and the Town Clerk shall publish and post a copy of this Resolution in accordance with the procedures set forth in Article 7 of the Town Law of the State of New York with a notice that this Resolution was adopted on the date indicated herein, by the council persons indicated and within the Town of Queensbury. Duly adopted this 18th day of November, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION APPROVING AUDIT RESOLUTION NO. 604, 1991 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI RESOLVED, the Town Board of the Town of Queensbury hereby approves the Abstract appearing on November 18th, 1991 numbering 01-1110-4010-91578100 through 91582400-0201 and totaling $360,316.50 is hereby approved, and BE IT FURTHER RESOLVED, that voucher #91-5770 was pulled from the Audit. Duly adopted this 18th day of November, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 605, 1991 INTRODUCED BY: MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI WHEREAS, the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following, personnel and attorney/client potential litigation. Duly adopted this 18th day of November, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION TO ADJOURN EXECUTIVE SESSION RESOLUTION NO. 606, 1991 INTRODUCED BY: MR. RONALD MONTESI WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. STEPHEN BORGOS WHEREAS, the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 18th day of November, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None No further action. On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY