1988-12-16 SP Salmi -_
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SPECIAL TOWN BOARD MEETING '
DECEMBER 16, 1988
3:I6 P.M.
MEMBERS PRESENT:
Supervisor Stephen Borgos
Councilman Marilyn Potenza
Councilman Ronald Montesi
Councilman Betty Monahan
Paul Dusek-Town Attorney
}� MEMBERS ABSENT:
Councilman-George Kurosaka
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA
SUPERVISOR BORGOS-The purpose of this hearing is to set the public hearings for Fire and
Emergency Medical Services Contracts...noted that the contract for North Qsby. Volunteer
Fire Co. is for one year and two years for each of the other fire companies and three years
with the Rescue Squads.
RESOLUTION FOR PUBLIC HEARING ON TOWN FIRE PROTECTION CONTRACTS
RESOLUTION NO. 558, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District
known as the Town of Queensbury Fire Protection District embracing the entire territory
of said Town and the Town Board of said Town purposes to provide fire protection therein
by contracts with Mfive Fire Departments known as: Bay Ridge Volunteer Fire Company,
Inc., North Queensbury Volunteer Fire Company, Inc., Queensbury Central Volunteer Fire
Company, Inc., South Queensbury Volunteer Fire Company Inc., and West Glens Falls Volunteer
Fire Company Inc., tend
WHEREAS, it is necessary pursuant to law for this Town Board to provide for furnishing of
fire protection within said Town of Queensbury Fire Protection District, and
WHEREAS, Section 184 of the Town Law requires a public hearing upon the contract provisions
for such fire protection, and
WHEREAS. the said contracts are presented at this meeting,
NOW, THEREFORE, BE IT
RESOL VED, that a public hearing be had with reference to the proposed contracts for the
furnishing of fire protection for the Town of Queensbury Fire Protection District, on December
29, 1988, at the meeting room, Town Office Building, Bay and Haviland Roads, Queensbury,
New York, at 4:00 o'clock p.m., and that notice of such hearing be published in the Post-Star
Newspaper, once on or before the 19th day of December, 1988, and that such notice shall specify
the time when and the place where said hearing will be held and describe in general terms
and proposed contracts., and be in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that copies of the proposed contracts be kept and maintained in the Town Clerk's
Office and be made available for inspection by any interested party.
Duly adopted this 16th day of December, 1988 by the following vote:
Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
SUPERVISOR BORGOS-Asked that a correction be mode, first page first paragraph insert
fire (5) Fire Departments...where is stated(3)rescue squads...
Agreed to by the Town Board...
S&)P RVISOR BORGOS-Reviewed the Fire and Rescue Squad Contracts...over the three year
period of the rescue squad contracts the total to be paid to the rescue squads increases by
only 5,000.00 over the three years, without tax base increasing that portion of the tax will
go down there is no question. The fire contracts presuming that North Queensbury agrees
to the second year at some normal increase the fire increase should be at 7% or less over
the two years...that is total dollars again with the tax base increasing it is possible that the
total fire protection, EMS, tax will actually decrease. The big increase came from the funding
of the new construction.
COUNCILMAN MONA HA N-Regarding the agreement page 5, the date May 15th, then February
15th should they both be May 15th?
SUPERVISOR BORGOS-What we'are trying to do is get all the fire departments and rescue
squads reporting to us in an annual auditing basis on a standardize format...they will reach
that agreement by May 15th the question came, and that is, why there is a different date
in there, what if we do not reach the agreement by May 15th do we have to go back to January
Ist. of next year and try to get all the vouchers again and put it on a new system? Our answer
was if you can reach an agreement, you can't do it later than May 15th but if you can do it
by February 15th we would like you to go back starting with 89 to January Ist...and get us
on line right away.
PAUL DUSEK-TOWN ATTORNEY-If we say this agreement shall be reached by February
15th instead of May 15 and then go through all the other language and say if it is delayed past
February 15th 1989 then they can wait until 1990 and then at the very end add in the sentence
that in any event this agreement shall be reached not later than May 15th and it will be effective
in any event not later than 1990.
This was agreed to by the Entire Town Board...
COUNCILMAN MONA HA N-Section Il- I am also looking at that insurance premiums are starting
to decrease and I do not like this open ended that they get the benefit of both the increase
and the decrease...if there is a decrease the money should come back to the Town and also
I want to know if we are talking strictly about the liability end of it. If they are purchasing
a new vehicle the addition in what their collision is going to cost them should be factored
into the general budget and I do not want to see it done sloppily by taking advantage of this ,
clause....
SUPERVISOR BORGOS-We had in the past in the rescue squads that if there was a savings
that savings would be reimbursed to the Town... I think that can be worked-out.'..if we limit
this to the liability portion maybe that would be good, if the insurance premium increased
for the liability is more than 10% above the budgeted statements the Town will pay the extra
then they will have a good limit on that they then will have to live within their budgets
for insurance on the rest of it.
COUNCILMAN MONAHAN-And we will get a rebate if they have a decrease in their insurance.
...in the 10% area.
PA UL D USEK-TOWN A T TOR NE Y-at the end of paragraph 9 in the paragraph May changes
to February and at the very end I would propose the following: in any event an agreement
relative to the accounting format shall be agreed to by May 15th 1989 and the implementation
of the new standards and codes shall be in place for use in the year 1990.
In paragraph 11, the secot►d sentence in right after it speaks to the 30 dayswritten notice
to the Town it says, if insurance premiums increase more than 10% 1 would proposed that
it say, if insurance premiums for liability insurance increase more than i0% and at the very
end add in the following clause,in the event that the cost of the liability insurance decreases
by /0% or more the fire company shall refund the amount of the decrease to the Town.
Agreed to by the Town Board...
RESOLUTION FOR PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE CONTRACTS
RESOLUTION NO. 559, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Betty Monahan:
WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District
known as the Town of Queensbury Fire Protection District embracing the entire territory
of said Town and the Town Board of said Town proposes to provide emergency ambulance
service therein by contracts with three (3)rescue squads known as: Bay Ridge Volunteer Fire
Company, Inc., North Queensbury Rescue Squad, inc., and West Glens Falls Rescue Squad,
Inc., and
WHEREAS, it is necessary pursuant to law for this Town Board,to provide for furnishing
emergency ambulance service within said Towh o f nishing of
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f"'Queensbury Fire Protection District, and
WHEREAS, Section 184 of the Town Law and Section 209 (b) of the General Municipal Low
require a public hearing upon the contract provisions for such emergency ambulance service,
NOW, THEREFORE, BE lI
RESOL VED, that a publtr hearing be had with reference to the proposed contracts o
furnishing of emergency ambulance service for the Town o for the
on December 29, 1988 ut the. meeting room, Town Office Building, and Havilandt Roads,
strict,
n the as Y, New YorF•, at 4:00 o'clock p.m., and that notice of such hearing be published
in the Pas Y,
Newspaper,, once on or before the 19th day of December, 1988, and that such
notice shall specify this time when and the place where said hearing will be and de
in general terms the proposed contracts., and be i scribe
n the form presented at this meeting, and
BE IT FURTHER
RESOL VED, that copies of the proposed contracts be kept and maintained in the T
Office and be made available for inspection by any interested party. own Clerk's
Duly adopted this 16th day of December, 1988 by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr, Kurosaka
COUNCILMAN MONAHAN-Do we have any accounting procedures in this?
SUPER VISOR BORGOS-We have the same ones..
PA UL D USEK-/propose that we made the identical changes as we had in the fire
contracts... company
COUNCILMAN MONAHAN-Do---you have the /0% clause in the insurance?
PA UL D USEK-In paragraph 7...
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`- SUPERVISOR BORGOS-Again we will put the liability verbiage in that paragraph...
The Board agreed to the changes.
(Board waived the reading of the resolution)
RESOL UTION FOR STATE AID FOR ASSISTANCE IN DEVELOPING A LOCAL LAND USE
PROGRAM
RESOL UTION NO. 560, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
WHEREAS, Chapter 53 of the Laws of New York of 1988 authorizes State financial assistance
to Adirondack Park towns and villages for the implementation of local land use programs
developed pursuant to Article 27 of the Executive Law.
WHEREAS, development of a local land use program typically includes the following general
elements tailored to a community's needs: community survey, natural resource studies, socio-economic
studies, community issues and goals, land use plan and regulatory devices.
NOW, THEREFORE, BE IT
RESOL VED, that the Town Board of the Town of
as the development administrator and zoning officer for�he purpose designates Senior Planner
Specific planning tasks. P p f performing the following
i)referrals of variances and other actions, 2)review of code requirements
applicants, 3) assistance to planning and zoning boards,and 4)record at pro
s atective
share cost of$5,000.
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RESOL VED, that the Town shall enter into an agreement with the development administration '
staff to undertake, the administration of a local land use program, a it is further
RESOL VED, that Supervisor of, the Town o y y
f Queensbur be and hereby is authorized and empowered
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to execute in the name of the Town 1)a Memorandum of Understanding with the Adirondack
Park Agency providing for the proposed use of local planning assistance funds, 2) an agreement
with staff with such provisions as the Supervisor may deem acceptable and all necessary applications,
and other agreements which he deems necessary or appropriate to implement and carry out
the purposes specified in this resolution.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosako z
(Board waived the reading of the resolution)
RESOLUTION REQUESTING THAT THE INTERMUNICIPAL AGREEMENT FOR THE LAKE
GEORGE BASIN BE RECONSTITUTED
RESOLUTION NO. 561, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Ronald Montesi:
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WHEREAS, the Towns of Bolton, Hague, Horicon, Lake.George and Queensbury, the Village
of Lake George, Warren County and the Adirondack Park Agency have completed two years
of cooperative planning under an Intermunicipal Agreement for the Lake George Basin (IMA), l
and
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WHEREAS, the Town of Queensbury pursuant to the General Municipal Law Article 5-G wishes
to exercise jointly with all municipalities located wholly or partly in the Lake George Basin
certain powers under A-rich- 16 of the Town Law, Article 7 of the Village Law, otherwise
held separately, and jointly to study and control through a local land use program developed
pursuant to Article 27 or the Executive Law land use and development activities affecting r
the quality of Lake Ge ?rge waters and their surrounding natural resources, and f
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WHEREAS, policy recommendations prepared under the IMA by a planning consultant (Rogers,
Golden and Halpern) include local government options for managing growth and regulatory
and nonregu/atory means for addressing water quality concerns, and
WHEREAS, participating municipalities wish to obtain technical assistance to implement
Policy recommendations made under the IMA, and
WHEREAS, the Lake George Law (ECL 43-0110 and ECL 43-0112)requires that the Lake George
Park Commission consult with the municipalities located wholly or partly within the Lake g
George Park and with other state agencies in adopting its regulations concerning water quality
in the Lake George Park, and
WHEREAS, the Lake George Law (ECL 43-0112) requires that each municipality located wholly
or partly in the Lake George Park prepare a storm water management plan, and a stormwater
regulatory control program to implement that plan, subject to the Lake George Park Commission's
approval within eighteen months of the effective date of the Commission's stormwater management
regulations, and
WHEREAS, local stormwater management plans and controls are an integral part of a local
land use program,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury intends to participate in an intermunicipol agreement
for the Lake George Basin to foster communication and uniformity in data and criteria for
land use decision-making, and to pursue such other objectives and tasks as may be set forth
and agreed upon by the IMA parties in agreement documents and related work programs,
and
RESOL VED, that participation in the IMA will be open to any community located wholly or
partly in the Lake George Basin passing an authorizing resolution, and to Essex County, Warren
County, Washington County, the Adirondack Park Agency and the Lake George Park Commission,
and
RESOLVED, that the Supervisor of the Town of Queensbury is authorized to approve on behalf
of the Town all agreements, contractual arrangements, work programs and similar administrative
documents relating to the IMA, and to accept work products on behalf of the Town, and
RESOL VED, that the Town of Queensbury requests funding for the IMA from the Local Planning
Assistance funds administered by the Adirondack Park Agency pursuant to Chapter 53 of
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the Laws of New York of 1988 in an amount not to exceed $40,000 to be expended on behalf
of participating municipalities wholly or partly located in the Lake George Park under contracts
awarded after competitive solicitation to retain independent planning, engineering and/or
legal services to develop a model local stormwater management plan and stormwater regulatory
control program consistent with the provisions of ECL 43-0112, and to be provided for other
technical assistance consistent with he purposes of the IMA, and
RESOLVED, that the Town of Queensbury shall obligate the Town's funds in on amount not
to exceed $5,000 as a local share to increase the funds available for retaining a consultant
(s), and to obtain from the consultant (s) draft language and enactment assistance recommended
for the local land use program to satisfy the stormwater management requirements of the
Lake George Law.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
COUNCILMAN POTENZA-Lee, this is the one that goes with the land?
LEE YORK-This is for lands in the Lake George Basin, it does indicate at the end the last
paragraph that the Town shall have an obligation, I talked to the APA about this, as part
of the storm water management policies that are developed the Town would probably be responsible
either through staff time or some other mechanism for a certain amount of money. They
indicated to me that the $5,000 would be a higher figure than they would estimate.
COUNCILMAN POTENZA-It is not really a dollar transfer of funds its more of a knowledge
or hands on working type of...
LEE YORK-Right.
PAUL DUSEK-Noted that Res. No. 560 will have to be amended to include a person to be
as development administrator and zoning officer...
DISCUSSION HELD-It was agreed to by the Board to appoint Lee York Senior Planner
RESOLUTION TO AMEND RESOLUTION NO. 560
RESOLUTION NO. 562, Introduced by Mrs. Marilyn Potenza who moved for its adoption
seconded by Mr. Ronald Montesi:
RESOL VED, that Resolution No. 560 of 1988 be amended to designate Senior Planner as the
development administrator and zoning officer.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
(Board waived the reading of the resolution)
RESOLUTION TO CREATE AN INTEGRATED DATA AND RESOURCE INFORMATION MANAGEMENT
SYSTEM FOR PRIVATE LANDS IN WARREN COUNTY
RESOLUTION NO. 563, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Betty .Monahan
WHEREAS, Warren County has undertaken a major tax mapping initiative involving computerization
of real property information providing the opportunity for its local governments to share .
in the management of such information,'and
WHEREAS, the Adirondack Park Agency intends to upgrade a compatible, computerized geographic
information system and to share access to that system with Warren County and its local governments,
and
WHEREAS, Warren County municipalities, party to the Intermunicipal Agreement for the
Lake George Basin have initiated computerized record keeping capability for land use and,.
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development activities in the municipalities, and
WHEREAS, newly developed detailed soils maps aid in the development and administration
of locally adopted zoning and subdivision codes and facilitate the evaluation of the Adirondack
Park Land Use and Development Plan Map, and
WHEREAS, such map:; ,17ay be efficiently evaluated and tabulated for reference by municipalities
working together in cooperation with Warren County and the Adirondack Park Agency
WHEREAS, the Town of Queensbury wishes to participate in such a cooperative planning
program,
WHEREAS, coordinated development record keeping will improve understanding of development
trends in Warren County,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury designates nates Warren Count _
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as its consultant for local planning services including tabular analysis on a parcel basis of
digitized soil information and maps for all participating municipalities, and requests that
$10,000 in local assistance funds be provided to the County to provide this,service to the
municipalities adopting this resolution; and
BE IT FURTHER resolved, that the Town of Queensbury designates Warren County as its
consultant to retain interns who will assist with computer programming and data input services
for consistent development record keeping and to facilitate local access to permit records
and resource information including the soil information described above; and requests that
$10,000 in local assistance funds be provided to the County to provide this service to the municipalities
adopting this resolution.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
DISCUSSION HELD BEFORE VOTE:
SUPERVISOR BORGOS-This is the same intermunicipal agreement we have had for several
years...
LEE YORK-SENIOR PLANNER-This is basically a way to get state monies back to the_municipolities...
its just to help to develop local land use plans and programs and Queensbury will receive about
$5,000.....the next resolution is an intermunicipal agreement for the Lake George Basin, we
have to as part of State Law because we are in the Adirondack Park, we have to prepare
a storm water management plan and that is mandated, the APA will pickup a substantial
amount of the funding for that and provide technical assistance. The third resolution is for
monies to go to Warren County for the computerized geographic information center and system
that we will share in. Warren County will act as the consultant and receive $10,000. in local
assistance to do that for us.
RESOLUTION TO APPROPRIATE FUNDS
RESOLUTION NO. 564, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Betty Monahan:
WHEREAS, the engineer for the Water Treatment Plant expansion has submitted vouchers,
for payment.
NOW, THEREFORE, I3C IT
RESOL VED, to appro,nriate from W 13320909 Queensbury water fund balance.through W 13310599
Queensbury water appropriated fund balance the amount of $90,084.63 for payment of these
vouchers.
Duly adopted by the following vote:
Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
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RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RESOLUTION NO. 565, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
RESOL VED, that Audit of Bills of December 16, 1988 and numbered 3468 through 3473 and
totaling $3,500.00 be and hereby is approved.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
LEE YORK-A concern has been raised at the Planning Board regarding the amount of growth
in Queensbury and Plonnning Board Review...the Board is having extra meetings to accommodate
the growth and they discussed alternative ways to handle this with the Town Attorney. I
have spoken to the Town Attorney and we felt it might be helpful for the Town Board and
Planning Board to mc.,t cad discuss the current situation..asked for a meeting on the 20th
before the Planning Board Meeting...from 6:00 to 7:00 p.m. workshop session...
RESOLUTION CALL rNG FOR EXECUTIVE SESSION
RESOLUTION NO. 566, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Marilyn Potenza:
RESOL VED that the Town Board hereby moves into executive session to discuss pending law
suit with Saratoga Associates, on the Town Office and Activity Center.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
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RESOL UTION TO COME BACK INTO SESSION
RESOLUTION NO. 567, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
RESOL VED, that the Town Board hereby moves back into session.
Duly adopted by the following vote:
Ayes Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
DISCUSSION
PAUL DUSEK-Lee York has indicated to me in the past the fact that the number of applications
that have been coming in have been unbelievable I guess is the word to use, the Board is under
stress, this month alone they are meeting 4 times. Obviously my office is drained by that
as well because I am in attendance at the meetings. One of the problems is under Town Law
Section 276 provisions says you have to act upon these matters 45 days from the date they
are submitted, if you fail to act the problem is that there is an automatic approval provision
in that section of the low on the subdivision. How do we deal with that, we have taken a
number of steps already to the extent that we legally can, such as having dead line dates
1 for application, having complete review by staff and planning and the next question now,
do we want to in some fashion deal with that time further and to what extent legally can
we do so. It would seem that a local law would be an idea to consider we are working on
something that may be of assistance by looking into in some fashion controlling agenda's to
the Planning Board. Perhaps we can structure it by having a couple of meetings a month
at most...
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COUNCILMAN MON TESI-R ecomm ended that if the Town Attorney need assistance from
outside council to do reference work or research work on some of the alternatives...we could
pole the board...
COUNCILMAN POTENZA-Noted that the major problem is the number of applications going
before the Board...the amount of growth in this town is taking its toll on all our volunteers...the
concern is not limit the amount of applications but limit the amount of applications that
go before the Board at a singular or at each meeting. I think we would be doing the contractors
• favor by being able to calendar their dates. Perhaps we should go to the outside and have
• firm do some research and maybe come up with some ideas...
PAUL DUSEK-The idea of going outside for further assistance on this legally is not a bad
idea from the perspective that this area of the law is not an area unfortunately there has
not been.a lot of work done to develop formulas that bypass this section of the Town Law
or that deal with it in some fashion.
COUNCILMAN MONTESI-Questioned if Nantucket had any agenda control in their program?
What we are looking at is some way to control the agenda...
PAUL DUSEK-What I would propose to do and am in the process of working on, gathering
information for my own purposes to find out more about the thing, reading the laws etc. which
I have reached that point, I would like to continue to do before we go to outside counsel is
to call some other attorneys from other communities and see if they have anything in place
that is in place that is working...some of the communities I will try is down in the Long Island
area since they have gone through this is the past themselves.
COUNCILMAN MONA HA N-Noted that burden on the Planning Dept....we are working against
the purpose of having a planner and that is that we are not giving them the time to plan.
COUNCILMAN POTENZA-...the problem is not the growth of the Town the problem goes
back to controlling the growth.
ON MOTION THE MEETING WAS ADJOURNED.
RESPECTFULL Y SUBMITTED,
MISS DA'RLEEN M. DOuGHER-TOWN CLERK
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