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1987-11-24 60 TOWN BOARD MEETING NOVEMBER 24, 1987 4:30 P.M. TOWN BOARD MEMBERS FRANCES WALTER -Supervisor GEORGE KUROSAKA-Councilman STEPHEN BORGOS -Councilman RONALD MONTESI -Councilman BETTY MONAHAN -Councilman i PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE KUROSAKA GUESTS-Paul Naylor, Rick Missita, Scouts Troop 16, Robert Stewart, Donald Chadwick. OPEN FORUM COUNCILMAN KUROSAKA-Welcomed Boy Scout, Troop 16, sponsored by Queensbury P.T.S.A. who were attending the Town Board Meeting. DONALD CHADWICK-Stated that his neighbor Mr.D. J. Mabb has been starting forest fires in his yard...he throws gas on the fire, throws a match into it and it rocks the walls of his house when it ignites, its that close. SUPERVISOR WALTER-Asked Mr. Chadwick if he had called Mr. Stec. DONALD CHADWICK-Yes, and also called Mr. Bodenweiser, the fire department who came up and were more then happy to put it out but they were told not to by Mr. Stec. Mr. Stec gave Mr. Mabb a burning permit so he could burn up his construction lumber. SUPERVISOR WALTER-We do have a local law in the town pertaining to burning...Mr. Stec handles the permit, the Sheriffs Department can enforce the local laws. DONALD CHADWICK-Asked what he was supposed to do if he intends to keep having fires. - COUNCILMAN BORGOS-There are a lot of details with both the issuance of the DEC permit and there are strict rules and regulations about windy days about the fact that you may not use any type of flammable liquid to ignite the fire. Mr. Bodenweiser has his own rules and regulations...my recommendations to you is that if you see a fire where it shouldn't be would be to call the Fire Department and let them come and determine if the fire should be put out. They will find out very quickly if a permit has been issued, if one hasn't been issued and there is a fire out doors they are going to put it out. MICHAEL BRANDT-West Mountain Ski Area-I would like to convince you to establish a water rate for industrial use at off peak times so that we can afford to buy'a lot of water for making snow this winter. West Mountain has invested a considerable amount in more snow making capacity and we can predict that we are going to need more water than what we can develop off the mountain from the systems we are using today. The normal water rate is too much to afford for snow making purposes...we would like to buy around twenty to thirty million gallons and possibly in the future forty million gallons. We think that snow making is the key to our ability to provide a consistent product for our customers and a good employment base for our employees and a stronger business...so we need to develop a water system. Stated that when the Town Water District looks at selling water it looks at its entire cost and its entire cost are pretty much based on the need to develop and provide a certain level of water at a peak period of time... personnel are there to maintain the plant, to maintain the water distribution system...also the direct cost of treating water which is pumping the water out of the river, filtering it and then chemically treating it and then pumping it into a pressurized mode...based on some pump curves in the ski industry and a rough figure is a rate of about twelve cents a gallon for just the pumping of water. Stated that the total cost is coming in around seventeen to eighteen cents a thousand gallons and that is just the direct cost, it does not include labor, maintenance for equipment, etc...notec3v that all cost of pumping water exist anyways even if it isn't sold to an industrial user or not...it also has to be an industrial user who does not need water at your peak times and your peak times are in the summer time...our activities are at night in the winter time. I would like to buy some of the surplus capacity and hope we can find a rate that will work. SUPERVISOR WALTER-Stated that she had discussed this with the Board Members, and noted that they were not too enthusiastic about the kinds of rates that Mr. Brandt was talking about—noted that with the addition of the water storage tank now we are pumping at off hours to provide the additional storage for our districts and our pumps are running more frequently now then they ever did because of the amount of water we use on a daily bases with all the districts. Also stated that if he was going to be a business in our town then he should identify himself as part of our town. West Mountain says they are in Glens Falls New York and then you ask for special water rates...nobody is ever going to know where Queensbury is if we don't have the cooperation of our businesses and of our residents that live within the Town of Queensbury pushing a Queensbury address. MICHAEL BRANDT-Stated that he had to get customers to his place and unfortunately all the road maps show Glens Falls, they don't show Queensbury and its the road maps people are using to get there. Noted that the Water bills are also marked Glens Falls, New York, that is the postal address we have had to use. COUNCILMAN BORGOS-Asked if there was on the market a valve that has a meter on it connected to a time clock mechanism of some sort. MICHAEL BRANDT-I think it could be done...when we use water we use so much of it that we normally call the Water Treatment Plant and tell them we are going to use it...the rate of water consumption would go up like 35% in two or three minutes. COUNCILMAN BORGOS-That is my other concern, if in the event of a major fire at a time when you are using it would a phone call shut it down. MICHAEL BRANDT- Absolutely. COUNCILMAN KUROSAKA-Asked if they used electrical pumps? MICHAEL BRANDT-Yes we do...if time was important we could control that...I also believe that what I am asking for can make money for the water district...it is a positive cash flow. !' BOY SCOUT-Asked why Luzerne Road is closed down every winter and why do they want -- to develop Earltown? SUPERVISOR WALTER-First off, about Luzerne Road...in this town there is an elected highway superintendent and he has charge of the roads, so this Board does not make the decisions on the roads...and why does anybody want to develop any property...it has to do with economics and the making of money. BOY SCOUT-People are trying to sell their houses and they keep building new ones. SUPERVISOR WALTER-That has to do with supply and demand. OPEN FORUM CLOSED: 5:05 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 357, Introduce_d by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the Town Board Minutes of November 5th and 10th 1987 be and hereby are approved. f Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 62 RESOLUTION AUTHORIZING CONTRACT TO ACQUIRE LANDS OF MARY A. HUNGERFORD RE& 358,Introduced by Mrs. Betty Monahan, Seconded by Mr. Ronald Montesi: WHEREAS, the Town of Queensbury Recreation Committee has been in the process of planning for the creation of a recreational, open space, and nature area at Hovey Pond, and WHEREAS, by previous gift from Finch Pruyn & Company, Inc. the Town of Queensbury acquired certain land on Lafayette Street together with riparian rights and ownership of lands lying under the waters of Hovey Pond and WHEREAS, in order to implement the plan under consideration additional lands are required, and WHEREAS, Caroline H. Pierce, the owner of a parcel of land designated as Section 104 Block 1 Lot 5 on the Warren County Tax Maps for the Town of Queensbury, has heretofore agreed to convey lands to the Town, and WHEREAS, Mary A. Hungerford is the owner of additional lands adjacent to Hovey Pond more particularly described in Book 449 of Deeds at Page 237, and WHEREAS, the lands of Hungerford are assessed at the sum of $6,500.00 WHEREAS, Mary A. Hungerford has agreed to sell the above described lands to the Town of Queensbury for the sum of $6,500.00 together with the right to claim a charitable contribution for any difference between the appraised value of the lands to be conveyed and the payments accepted, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute a Contract of Sale to acquire certain lands adjoining Hovey Pond for recreational purposes, in a form approved by Town Counsel. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter E Noes: None 1 Absent: None RESOLUTION TO APPOINT RESOLUTION NO.359, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mrs. Betty Monahan. WHEREAS, the Town Board wishes to appoint new members to the Board of Directors of the Queensbury Economic Development Corporation, and WHEREAS, the By-Laws of the Corporation authorize the Town Board to appoint and to include people from various professions, NOW, THEREFORE BE IT RESOLVED, that Dean Beckos, Thomas Gianetti and Thomas Ross, all of Queensbury, are hereby appointed Directors of the Queensbury Economic Development Corporation and to become voting members at the first meeting of the Corporation in 1988: Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION OF STATUTORY INSTALLMENT BOND RESOLUTION RESOLUTION NO. 360, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mrs. Betty Monahan. 63 WHEREAS, the Town Board of the Town of Queensbury, New York, by a resolution duly adopted on the 29th day of May, 1987, authorized expenditures for the construction of an addition to existing Town Hall facilities located at Bay Road, Town of Queensbury, New York, NOW, THEREFORE BE IT RESOLVED, 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance a portion of the cost to construct an addition to the Town Hall building located on Bay Road in the Town of Queensbury, New York. I. 2. The total sum of $499,000.00 is to be provided for construction costs not paid out of surplus by the issuance of a statutory installment bond in that amount pursuant to this { resolution.. 3. The following determinations are hereby made: A. The period of probable usefulness of such town hall addition is 20 years. B. The subdivision of Paragraph A of Section 11.00 of the Local Finance Law which is applicable in the circumstances is § 11.00 (12) (C). C. The proposed maturity of the obligation authorized by this resolution will not be in excess of 5 years. 4. That the Town of Queensbury issue its statutory installment bond in the amount of $499,000.00 to finance such cost in accordance with the financial plan set forth below. Such bond shall be dated approximately November 24, 1987 and the power to fix and determine the exact date of such bond is hereby delegated to the Supervisor. 5. Such bond shall be in the amount of $499,000.00 and shall mature the 24th day of November, 1992 and shall be paid in the following manner: $ 99,000.00-principal-plus interest-due November 24, 1988 $100,000.00-principal-plus interest-due November 24, 1989 $100,000.00-principal-plus interest-due November 24, 1990 $100,000.00-principal-plus interest-due November 24, 1991 " $100,000.00-principal-plus interest-due November 24, 1992 r The power to determine the date upon which such installments of principal and of interest shall become due and payable is hereby delegated to the Supervisor. The bond shall be issued in registered form and shall bear interest in accordance with Section 63.00 (b) of the Local Finance Law. Interest will not be paid on any installment of principal, or of interest, after the due date thereof. Both the installments of principal and interest on this bond will be evidenced by notation on the bond at the time of the payment. The bond shall be in substantially the form set forth in Schedule A hereof. 6. The Supervisor is hereby delegated the power to prepare such bond and to sell such bond at private sale at not less than par an accrued interest, and at such sale to fix the interest to be borne by such bond within the limitations as set forth in this resolution. The Supervisor shall deliver such bond to the purchaser thereof only against cash or a certified check. The proceeds of sale of the bond shall be deposited in a special bank account as required by Section 165.00 of the Local Finance Law. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. The faith and credit of the Town of Queensbury are hereby irrevocably pledged for the payment of principal and interest on such bond as the installments become due.and payable. An annual appropriation should be made each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. 8. This resolution shall take effect immediately. Duly adopted by the following vote: �_._1 Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter .64 Noes: None Absent: None (Bond on file) SUPERVISOR WALTER-Stated the purpose of this bond is to put together with the surplus funds and the capital reserve fund to pay for the construction of the Town Office Building wing and the Activity Center. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR EXTENSI� OF TOWN HIGHWAY KNOWN AS MAPLE DRIVE AND FOR NEW TOWN HIGHWAY TO r BE KNOWN AS OAK TREE CIRCLE. RE& 361 Introduced by Stephen Borgos seconded by Betty Monahan WHEREAS, Ralph B. and Michael G. Woodbury have executed and offered a deed for the extension of a town roadway running northerly off Sherman Avenue as more particularly described in the annexed map and an easement agreement for drainage purposes which are more particularly described in the map heretofore filed with the Town Board, and WHEREAS, Paul H. Naylor, Superintendent of highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, roadway surface and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection-of Water Line Installation and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed, drainage easement and title to the roadway have been approved by Wilson S. Mathias, Counsel to the Board. NOW, THEREFORE BE IT i RESOLVED, that the Town Supervisor is hereby authorized to execute the aforesaid drainage easement agreement, and be it further RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that this road extension be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 438, Description: East/West Name: Maple Drive Feet: 620' (.11) Road No.439,Description: North/South Name: Oak Tree Circle Feet: 1046' (.19) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None f DISCUSSION BEFORE VOTE: SUPERVISOR WALTER-Noted that some of the distances were changed because we had to have them remeasured for acceptance. There is a problem, the deed which is reviewed by the attorney has the description of the road that is being conveyed to the town, the Water Department and the Highway Department do not necessarily know the amount of footage which is going for acceptance on a particular occasion. G5 I think that we are going to have to have some kind of procedure where the developers are going to have to get a map or a copy of the deed so that they will know exactly what is up for approval, because sometimes it is a portion of a road...noted that it has to be measured twice...it should be right the first time so that it will create a lot less problems years down the road. COUNCILMAN MONAHAN-Said she would like to see these roads have some kind of marker on them at the start and finish of the part that we are supposed to be inspecting...because when we go out to inspect we are never sure if we are on the right part of it. SUPERVISOR WALTER-Noted that there was a lot of staff time being used to get these thing right. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS QUEEN ANN COURT RBSOLUTION NO. 362, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, Queen Victoria Venture, Ltd., has executed and offered a deed for a town roadway running southerly of Peggy Ann Road and easterly of Margaret Drive which are more particularly described in the attached map, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, and drainage implementation, and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, in accordance with Article III, section 6 of the Town of Queensbury subdivision regulations Queen Victoria Ventures, Ltd. has filed an affidavit agreeing to complete surfacing of the new road together with a certified check in the sum of $24,000.00, the amount recommended by Paul H. Naylor to cover the cost of satisfactorily completing construction of the roadway, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation and finds that { said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed and title to the roadways have been approved by Wilson S. Mathias, Counsel to the Board. NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the "Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the town Clerk of the Town of Queensbury, and be it further RESOLVED, that these roads be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 440, Description: East/West Name: Queen Ann Court Mileage: 1300' (.25) Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter ! Noes: None Absent: None (Map on file) DISCUSSION BEFORE VOTE: SUPERVISOR WALTER-Referring to the $24,000.00 check Mr. Naylor why this was 1 ` f i 66 being handled this way. MR. NAYLOR-As it is part of our subdivision regulations this is strictly up to the Board, they are going on with their second phase. SUPERVISOR WALTER-Asked if this was Phase I or II? MR. NAYLOR-Phase II. SUPERVISOR WALTER-Asked if Phase II had received final approval or is it contingent upon? Mr. NAYLOR-Stated that it was agreed that this section would be done with black top. SUPERVISOR WALTER-My question is...are we accepting a road before the project has received final approval from the Planning Board. MR. STEWART-This subdivision got final approval last Thursday, however going through the files the Planning Board noticed that the prior of letter of approval by Mr. Naylor for the Highway specifically referred to the roads in Phase I and had not approved the roads in Phase II and III so they gave it final approval but required I get a letter from Mr. Naylor saying that he had reviewed the plans and approved the plans for Phase II...that letter was submitted and it was in the records of the Planning Board. SUPERVISOR WALTER-I want the record to reflect that this is an approved plan by the Planning Board, I am going to take Mr. Stewart's word for it...but if it is not an approved plan we would be able to withdraw our approval because that is not the correct procedure for getting such approvals in the Town. MR. STEWAR.T-I do represent to the Board that this was approved at the Planning Board session last Thursday evening...the only condition that they placed on it was that Mr. Roberts receive a letter from Mr. Naylor as to approval of the plans on Phase II before he signs the map and Sue told me downstairs she had that letter in her file, that's my representation to the Board. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR PREMISES FOR TOWN HIGHWAY KNOWN AS BAYBRIDGE DRIVE i RESOLUTION NO.363, Introduced by Mr. Stephen Borgos, who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, Valente Builders, Inc., has executed and offered a deed for a town roadway running south and east off the southerly side of Walker Lane which is more particularly described in the attached deed, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, roadway surface and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that this Board accept this land for highway purposes into the Town Highway System, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that this Board accept this land insofar as the water installation is concerned, and WHEREAS, the form of the deed and title to the roadways has been approved by Wilson S. Mathias, Counsel to the Board. r NOW, THEREFORE, BE IT i RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that these roads be hereby added to the official inventory of town s Highways, to be described as follows: Road No. 441, Description: South/East Name: Baybridge Drive Mileage: 1,036 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: Mrs. Monahan Absent: None '# DISCUSSION BEFORE VOTE: 1 SUPERVISOR WALTER-It seems to be that we are accepting a road which already has houses on it and that of course is not according to procedure either...I did want to tell the Board that I did check with the Building Department and they indicated that these were going to be private roads...so they did issue building permits...let the records show this. COUNCILMAN MONTESI-Doesn't the Building Department check the plot plan and the road that they are on before they issue a building permit? Stated that it looks like we've got an interpretation problem...and if they were issuing building permits on what they thought was private roads then the plot plan should have been so marked...and if it were to be deeded to the town the plot plan should have been so marked. COUNCILMAN MONTESI-I assumed that all of Mr. Valente's roads were going to be public. SUPERVISOR WALTER-The reason I am bringing it up is that it is inconsistent. COUNCILMAN MONAHAN-How can we accept this as a public road when the permits have been issued for the buildings to go on a private road. COUNCILMAN BORGOS-It has been brought up to specs lets do it and in the future we will be aware of this problem. COUNCILMAN MONAHAN-Stated that the Planning Board under law has certain rights and certain duties and we don't have the right to supersede them. Asked Fran if it would be possible to get a.copy of the plot plan. COUNCILMAN BORG OS-Suggested that we hold the right to rescind it if it had not been approved? MR. NAYLOR-Stated that right from the start this whole development was supposed to be town roads. The original plan was that they were going to be town roads. SUPERVISOR WALTER-Asked when this road was brought up to standard? MR. NAYLOR-Before the fifteenth, in fact it is beyond our standards because they use hot mix and we ask for oil and stone. Mr. Valente went about six steps farther then the old stuff, he put binder in and he put in black top. SUPERVISOR WALTER-I will determine whether there can be a stop work order issued as there is a conflict there. RESOLUTION FOR MAINTENANCE OF SIDEWALK RESOLUTION NO. 364, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the New York State Department of Transportation proposes the reconstruction of the Glens Falls-Lake George, S.H. 417 in the Town of Queensbury € WHEREAS, the State will include as part of the reconstruction of the above mentioned project f-- the construction of a sidewalk pursuant to Section 151 of the Highway Law, as shown on the contract plans relating to the project and WHEREAS, the State will provide for the reconstruction of the above mentioned sidewalk along the west side of Route 9 from Weeks Road North to a point 1,040 ss feet north of Round Pond Road, as shown on the contract plans relating to the project. NOW, THEREFORE BE IT, RESOLVED, that the Town of Queensbury approves the construction of such existing sidewalk and the above mentioned work performed on the project and shown on the contract plans relating to the project and that the Town of Queensbury will maintain or cause to be maintained the constructed sidewalk performed as above stated and as shown on the contract plans, including the control of snow and ice. BE IT FURTHER RESOLVED, that the clerk of this Town Board is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Duly adopted by the following vote: Ayes: Mrs. Walter Noes: Mr. Kurosaka, Mr. Borgos, Mr. Monte:$i, Mrs. Monahan Absent: None MOTION DEFEATED DISCUSSION BEFORE VOTE: SUPERVISOR WALTER-The State of New York has been requested to put in sidewalks as part of their redesign on Route 9...they go from a point from Weeks Road North to up near Story Town...most of this came from Warren County and in the person of Tom Murphy, our late Supervisor and he felt that he lived up there and there was a definite need, particularly in the summer time for sidewalks along that particular area for safety reasons. The State of New York does not maintain sidewalks anywhere. I already asked Mr. Naylor and he does not want to maintain sidewalks. COUNCILMAN MONAHAN-Asked who's land this is on? PAUL NAYLOR-The State. COUNCILMAN MONAHAN-We have a question of a divided liability here...if anything happens. SUPERVISOR WALTER-The State does not maintain sidewalks anywhere and this is the reason for this resolution...they will be glad to put them in but who's going to maintain them. RESOLUTION TO RETAIN CONSULTANT RESOLUTION NO.365, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Ronald Montesi. WHEREAS, the Town wishes to engage the services of Environmental Design Partnership in reviewing the proposed Draft Environmental Impact Statement for West Mountain Villages, Inc. planned unit development, NOW, THEREFORE BE IT RESOLVED, the Town Supervisor is hereby authorized to execute an agreement to engage the services of Environmental Design Partnership, and be it further RESOLVED, that the fee be paid to Environmental Design Partnership in the matter of West Mountain Villages, Inc. will not exceed $10,000. „J Duly adopted by the following vote: Ayes; Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None 6y Absent: None DISCUSSION SUPERVISOR WALTER-West Mountain is interested in who's going to be doing their reviewing and they want to send information directly to the reviewing agent. COUNCILMAN BORGOS-Do we presume that this includes the entire development for which we are Lead Agency? SUPERVISOR WALTER-No. COUNCILMAN MONAHAN-Has the Lead Agency problem been worked out? SUPERVISOR WALTER-No, the Lead Agency hasn't been worked out but I have correspondence with Mr. Grant in Lake Luzerne and they want to have their own reviewing group do it. The information involved in the Environmental Impact Statement is used by our Planning Board to make decisions and they are looking for someone with some technical expertise to consult with. COUNCILMAN MONTESI-Referring to Mrs. Monahan's question regarding Lead Agency if we have to lock at 2700 acres maybe that ought to be 20,000 and part of that should be Luzerne's responsibility. COUNCILMAN MONAHAN-Stated that this resolution would imply that they would have to look at the whole thing...we should define in this resolution that their services at this present time are confined to that area which lies in the Town of Queensbury. SUPERVISOR WALTER-The Environmental Impact Statement for the project is going to be written on the whole project...they have to look at the whole thing to make any kind of determinations on any specific thing, such as traffic. COUNCILMAN MONTESI-Asked who's responsibility is to come up with the Lead Agency? TOWN COUNSEL-The SEQRA regulations say that when you make your initial determination that it is a type one action and that its probably going to require EIS and need a Lead Agency...any Lead Agency send a copy to all interested parties which was done...it also get sent down to the Commissioner of Environmental Conservation...if there is a dispute by anyone they are supposed to raise that dispute the Commissioner of DEC makes a determination of who is going to be the Lead Agency...in this instance there has been no notification to the town that there is any objection to the Town serving as Lead Agency for the project. COUNCILMAN MONAHAN-We are concerned with density. TOWN COUNSEL-You are concerned with accumulative impact on the infrastructure in the Town of Queensbury. COUNCILMAN KUROSAKA-Stated that another concern was the sewer in the Town of Queensbury. COUNCILMAN MONTESI-Stated that there has been no prior notice for three months so we are the Lead Agency on record...my only concern as such $10,000.00 is small if in fact it is a 2700 acres, maybe that should be $15000.00 COUNCILMAN BORGOS-I want to make sure their quality of work is up to par. SUPERVISOR WALTER-Stated there is additional billing from each of these firms when they look at specific problems. This is strictly to have them look'at the EIS and then consult with the town, further than that they are going to bill and there is a billing process within the town that those developers do get charged for additional legal and technical work done on their projects, thats' the procedure worked out with the Planning Department. COMMUNICATIONS Ltr., from Timberland Consultants, Inc. regarding the name of Land O'Pines changed to Tyneswood. SUPERVISOR WALTER-Referred this to the Planning Board. 70 Ltr., from Mohican Grange regarding the traffic problem at the intersection of Bay and Haviland Roads, asking the Town Board to have a traffic light installed here. (on file) COUNCILMAN BORGOS-Agreed that there should be a light here. SUPERVISOR WALTER-Suggested taking it under consideration for 1989 budget. Ltr., from Department of Transportation regarding speed reduction request on East Sanford Street and Pitcher Road. They will take them under consideration. (on file) Ltr., from the Recreation Commission regarding the Hovey Pond Project and Ridge Road Park, Dale T. Granger. (on file) Petition from residents on Potter Road regarding the speed limit. (on file) COUNCILMAN BORGOS-Recom mended that this be sent to the State for their consideration. RESOLUTION TO REGARDING SPEED LIMIT ON POTTER ROAD RESOLUTION NO. 366, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby requests that Fred Austin, DPW, Warren County Review and notify,the Department of Transportation pursuant to Section 1622.1 of the Vehicle and traffic Law, of a request to establish'a lower maximum speed at Potter Road, between Aviation Road and West Mountain. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Ltr., from Nathan Proller regarding the 4 way stop at the corner of North and Garrison Roads. BID OPENING-One Air Operated Underground Piercing Tool One Air Operated Underground Piercing Tool Contractor Sales Co. Inc. Albany, N.Y. 12212 Non Col. Allied Model 2000C Hole Hog $6,970.00 Mr. T. K. Flaherty-recommending the bid be awarded to the lowest bidder) RESOLUTION TO ACCEPT BID RESOLUTION NO.367, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka. WHEREAS, Thomas K. Flaherty, Water Superintendent did recommend that we advertise for an Air Operated Underground Piercing Tool and Whereas one bid was submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher and WHEREAS, Mr. Flaherty has recommended the bid be awarded to Contractor Sales Co. Inc., j Albany, N.Y., NOW, THEREFORE BE IT RESOLVED, that the financing for such tool is included in 1987 budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 368, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos. RESOLVED, that Special Audit of Bills as appears on Abstract and Numbered 3964 and totaling $3,386.00 be and hereby is approved. Duly adopted by the following vote: Ayes. Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ON MOTION THE MEETING WAS ADJOURNED RESPECTFULLY SUBMITTED DARLEEN M. DOUGHER TOWN CLERK-TOWN OF QUEENSBURY �� I