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1986-06-10 186 TOWN BOARD MEETING JUNE 10, 1986 TOWN BOARD MEMBERS Mrs. Frances Walter - Supervisor Mr. George Kurosaka - Councilman Mr. Stephen Borgos - Councilman Mr. Ronald Montesi - Councilman i Mrs. Betty Monahan - Councilman Mr. Wilson Mathias - Town Counsel PRESS: WBZA, Glens Falls Post Star �J GUESTS: David Krogmann, Attorney, Jim Ingles, Frank Shortell, Raymond Bodenweiser, Donald Morrissey, Bill Morton, Beverly McClure, Gene Goodman, Mr. Adamson TOWN OFFICIALS: Mr. Paul Naylor PLEDGE OF ALLEGIANCE LED BY: Councilman Montesi MEETING OPENED: 7:45 P.M. NOTICE SHOWN PUBLIC HEARING SUPERVISOR WALTER-First order of business is a Public Hearing relative to Round Pond and determination of Environmental Critical Concern. Asked for public input. RAYMOND BODENWEISER-Wakita Motel. . .Asked for a short run down on last meeting as he wasn't at that meeting. r' SUPERVISOR WALTER-Stated that they were looking at an area within 500 feet of the high water line around Round Pond, that area being of exceptional and unique character. They were looking into the fact that there was criteria there regarding a section of the New York code rules and regulations having to do with public safety and natural setting, ecological, hydrological sensitivity to change, and those were the kinds of reasons why the Town Board thought that they would want to take that to public hearing. The comments made from the public were made by a representative of the former owners of the property who indicated they didn't think the timing was right nor the subject was appropriate to be discussed at public hearing. We also heard from Counsel who represents the now owner of the property, that he felt that the Town Board had some ideas to handle this particular piece of property differently than any other in the Town and that we were not really dealing in good faith in as much, as we had an interest in the property before that. We heard from a representative in the Environmental group in the town who indicated that it was about time that the Town Board started looking at some of the properties within the town and were aware that they had environmental characteristics that should be protected. Glens Falls Country Club asked several questions as to how we would relate to their property and some kinds of alterations or additions that needed to be made in the future, and that was their concern. RAYMOND BODENWEISER-The Town is interested in getting that piece of property as a park, that's my main concern, if that does become a public park, how are you going to have the tourist from the camp grounds that are close by kept out of there. If it does become a public park why shouldn't all the motels on Route 9 close their pools and send their customers over to the park? Now you didn't say they were going to make this a park, it is just hearsay and that is what I would like to know, if you are planning to take this over and make it a park. SUPERVISOR WALTER-The Town Board has asked the recreation commission if they would give us a recommendation as to how they would see that property as being used. I think that in the past as far as the town moving on the purchase of the property there was concern and this particular Town Board has changed personnel but last year when this was a topic of discussion there was concern about the size of the pond and how much activity it could withstand before the quality of the water and surrounding area would deteriorate. We had a discussion between the Town Board as to the purchase price verses the amount of use that it could get. In the meantime stated that she could speak for the Board members here. . .their concern in the town after being on the board for a few months, is that the development in this town is practically unbelievable. In going out on road tours they are aware and certainly protective of the open space we have. Asked what Mr. Bodenweiser's position was regarding the public hearing. RAYMOND BODENWEISER-I do not want to see Round Pond turned into a public park where the residents will be jammed out by the tourists and where there will be a bunch of dope peddlers hanging P p around and that can happen. A big city park is where the dope peddlers hang out and sell it to the kids, I am very concerned about that. COUNCILMAN MONTESI-Asked if Mr. Bodenweiser would have any apprehensions about parking permits or permits such as they have up in Bolton to go on the public beach, you have to have a car sticker. This is one way to limit access to parking in some communities. RAYMOND BODENWEISER-Stated that it was within walking distance from two camp grounds and if you open it up as a park, it is going to be a public utility and therefore it is going to be a major problem. COUNCILMAN MONTESI-The Recreation Commission has made some recommendations to divide that property as to how it is going to- be used. They said it could not be used for swimming, it may have limited ability in other words 200 cars parking and that's it, very similar to Moreau Park, they shut the gate sometime during Saturday and Sunday because they have a limited number that go there. It's going to be one of the major recreation areas in our town as we continue to grow, we have Gurney Lane, hopefully we may have Round Pond, hopefully we will have Ridge Road completed within a year or two, it is part of a plan. As to how we will limit access to that, you raise a very good issue because there is an RV park right next door, they do have their own facilities. 1 RAYMOND BODENWEISER- Stated that it would be advantageous for him to close his swimming pool and tell his customers to use the lake. Also stated that the man who bought the Round Pond property and the Country Club want to develop the property, why not let them do it as long as they keep it clean. a COUNCILMAN MONTESI- We want to make sure that whatever septic system, whatever development takes place on that property doesn't change the quality of the lake. Stated that 75% of that pond, land frontage, is owned by the Country Club. A statement was made at the last public hearing that there have been two owners on that property for about 75 years, the Country Club and Mr. Russo and it hasn't changed, the quality has remained good. Now we are talking about a major change, it could have some adverse effects on it, it could have some positive effects on it. The Town Board is just trying to make sure they address all the problems that could come up in destroying that area, we are not saying you can't develop it. RAYMOND BODENWEISER-OK- Say he puts in 15 homes, four people to a home, that's 60 people. . .compared to 300 people you are going to let use it. SUPERVISOR WALTER-That's 60 people on a year round basis. People who are living twenty-four hours on a site have a whole lot different use of the , - land than people who would be using it two months in summer months, or if it were a passive park where people wouldn't be using the water area at all, but merely sitting watching the sunset. There are all kinds of different things that can be done with open space. Open space does provide additional value to land. Sometimes your land will become more valuable if you've open space around you, depending on what the people who are looking at property want. It would be very nice to think, being in the business we are in, to say that all people have pride of ownership, but we have problems everyday through our Building and Zoning Dept. , where we find out that is not necessarily the case. This is one of the areas that this board is interested in because 188 there has been such public concern and we have on our agenda tonight another public hearing that we are setting in another area. You will probably see these areas cropping up as the Board feels they have enough information to go ahead and proceed. COUNCILMAN KUROSAKA Noted that, that has nothing to do with making Round Pond an environmental sensitive area which is what we are talking about. Asked if Mr. Bodenweiser was in favor of making this an environmentally sensitive area? RAYMOND BODENWEISER-Yes. SUPERVISOR WALTER-After the Public Hearing if the Board determines the area is of critical environmental concern, that means it will have to meet all of the tests under SEQRA including a full scale Environmental Impact Statement when it is developed. That was something mentioned last week, determining we already have those things available to us, we have as a negative declaration, a determination of non-significance and it is one of the things that went before our Planning Board, it was the plan with 70 acres, with 155 new homes and its negative determination. What we are saying is, declaring this or other areas in the town is that we will want more than that, when those areas are developed, if they are to be developed so that we can have information before us so we can make a determination other than a check chart. DAVID KROGMANN-Attorney for Mr. Passarelli. . . I would like simply to request that the comments I made on behalf of Mr. Passarelli at the last Public Hearing be incorporated and be made a part of this record (Public Hearing to be found on page 169 of Minutes of May 27,1986) . In addition, I would like to say that I agree with Mr. Kurosaka that the discussion here regarding the possible purchase of this land by the Town and the use of the property, has nothing to do with the Public Hearing but I think it very curious as to why this Board would entertain comments in regard and respond to those comments, because it underlines and underscores what I talked about at the last Public Hearing. I think it is irregular for this Board to consider this necessitation when those discussions are pending. I think that in all respect, the Board is misadvised as to the legal effectiveness as to the designation of area of critical environmental concern, contrary to what is indicated, it does not mean that an Environmental Impact Statement will be required, what it means is that it is more likely than not in time that the area will be subject to more intense reviews in the areas of environmental concerns and that may include in the Environmental Impact Statement but it would be dependent upon the evaluation of the environmental assessment form to be filed by the developer. It is also important to note that the Commissioners regulations say that the area once, it is designated and supports that action, it not only involves the area that is designated but it also involves the area that is substantially contiguous to that designated area, and that is fairly large, involving numerous properties. Should this Board take this step in addition to whatever legal avenues are made available to my client and I suggest to you that we will watch you very closely in the development of all of the areas contiguous to the areas and make sure my client is not being treated any differently than any of the other land owners in that area and throughout the district. SUPERVISOR WALTER-Because of the media coverage of Round Pond over the years, it is very upper most in people's minds what will happen to this land, whether the town acquires it or your client develops it and I think that, is why questions are being asked this evening. We would be looking to red flag any areas of critical environmental concern to our Planning Board so that they would not in fact overlook them and would be asking for an intensive review of the projects. FRANK SHORTELL-Carlton Drive, asked if the town had any water qualities on Round Pond? ---+ti SUPERVISOR WALTER- No, they did not. COUNCILMAN MONTESI-Stated that he thought Mr. Passarelli had. JIM INGLES-Stated that if there is a resolution here that reads 500 feet, how can it be that it covers all contiguous lands. SUPERVISOR WALTER-Stated that ours is 500 feet. 189 TOWN COUNSEL-Noted that he did not have the SEQRA - but there is a provision and to his recollection there is some language in SEQRA that talks about areas in proximity to critical environmental areas. Stated that when you say that something within 500 feet is going to have this more intense review or the greater possibility than something that is 501 feet should have it to. Stated that what this type of designation does is put greater weight on the importance of making a very close review and again the greater possibility of having an environmental statement. RAYMOND BODENWEISER-Asked if an Environmental Impact Statement included the benefits that would come to the city and to the businesses from these people moving in and bringing money to this area. SUPERVISOR WALTER-Stated that an Environmental Impact Statement covers a multitude of things and it can cover economics also, but we are interested in the town not the city. Asked if there were any further comments, hearing none the public hearing was closed. PUBLIC HEARING-NOTICE SHOWN 8:10 P.M. Relative to a No Parking in Cleverdale. COUNCILMAN MONAHAN-The problem with no parking in Cleverdale is what they were trying to solve. . .should they leave parking for the church services or church related functions, such as weddings and funerals? Stated that perhaps this local law could be drawn up to say to include the hours of services and to include church functions such as weddings and funerals. Stated that everyone she had talked with was in favor of no parking on Cleverdale Road. DONALD MORRISSEY-Cleverdale Road, asked if there was any way that this problem could be solved before the busy months, such as July and August. SUPERVISOR WALTER-'I prepared for the Board an amended draft of what they talked about the last time, based on some of the comments at the hearing, the petition was initially for no parking on the Cleverdale Road beginning at Mason and the northern direction for 1200 feet and that's what is included in this draft. We also included a prohibition set forth that this section wouldn't apply from 9:30 a.m. and 11:30 a.m. on Sundays, we added a new section saying that no vehicle shall be parked or left standing on the East side of Cleverdale Road from East Shore Drive for a distance of 8170 feet that was the difference between the entire road. So that we are making that portion of the road by this draft on one side parking and on the real congested area no parking either side. COUNCILMAN MONTESI-Added that he had walked from Mr. Friedman's on up and most of the people he talked to including Tom Griffin who called him, said they favored no parking on both sides if some kind of wording could be interjected to allow the church to have their services. Stated that by wording their ordinances to include the church hours on Sunday morning and any designated church functions they could handle that. But no parking on both sides is something that the people felt very good about, especially for safety purposes such as getting ambulances and fire trucks through. SUPERVISOR WALTER-Asked when the Board would like to act on some wording for the ordinance. COUNCILMAN BORGOS-Asked if this would not apply between 9:30a.m. and 11:30a.m. on Sundays, is this in a specified set area near the church, noted that the way it was worded it appears that the entire 1200 feet would be free on Sundays. Stated that we could have an emergency on Sundays between 9:30 and 11:30 and if they had to get by five cars, there would be no problem but if they had to get by 1200 feet of cars that could be a problem. Is there any way to designate a small area. Asked if this would come under the church and state concept? How can we specify without specifying. 190 COUNCILMAN KUROSAKA-I do not think that came under church and state separation. Noted that they were not establishing state and religion. SUPERVISOR WALTER-Said in answer to Mr. Morrissey's question about getting this passed quickly, that there is no way the Town Board can act on a local law unless the local law is in place and noted that it didn't look like it was going to be this evening. DON MORRISSEY-Asked if they could pass the law could stating 1200 feet and get it under way. SUPERVISOR WALTER-Stated no because she finds that is not the consensus, that the Board wishes to go with the full 9370 feet, asked if anybody wished to introduce any language that would put together a local law. COUNCILMAN KUROSAKA-Stated that there was a resolution there and thought if they added a few words to it they could pass it. SUPERVISOR WALTER- Asked if there were any other comments - hearing none the public hearing was closed, 8:20 P.M. OPEN FORUM MR. MORTON: Queensbury Association for Outdoor Recreation. . .presented the Town Board with several photographs for illustrating a few outstanding land uses and land development problems of conflict in Queensbury. Stated that a Conservation Advisory Counsel would be an appropriate vehicle for addressing some of the issues. Photos showed houses which have been constructed on a site that has severe development strains. Noted that up until two or three years ago this site was wetland, the fill has altered the drainage patterns causing ponding. The neighboring land owner appears to have received damages as a result of this project. The most disturbing fact is that a permit to build has been authorized on a site which on the basis of our interpretations of section 3.040 Queensbury Sanitary Code covering fill systems cannot qualify for an approved septic tank system. Section 3.040 of the ordinance requires that there be at least two feet of natural occurring soil over the seasonable highground water table for approved septic system. Noted that what he wanted to illustrate by the photos was that there is a complaintant need to identify those land areas in Queensbury which have moderate to severe environmental and natural resource constraints to developments. We then must consider some zoning changes and require more stringent performance standards to insure development in Queensbury is not misdirected. Other photosshow wooded wetlands extensively for development, again Section 3.040 precludes approval of fill system in this kind- of situation. Stated that what they are trying to illustrate is that fill is allowed in the area and if the area is developed it is likely that at some point in the future this development may become a community wide problem. The reason for this is that if septic tanks are to be utilized they will more than likely get to fail because of poor drainage and community resources would have to be used to sewer this area. Some of the photos show the filling of a wetland allegedly the site of a future commercial development, what was disturbing about this fill is that the wetland provided a pleasant open space, transition or buffer zone between a residentially developed area and a commercially developed area. A commercial site directly abutting a residential area tends to degrade the quality of residential areas. The entire wetlands forms a natural drainage for commercial area of the town such as the potential to receive and reduce the impact of urban runoff and water quality and downstream flooding in Halfway Brook, these wetland benefits should not be lost to the community. Other photographs illustrate a county highway maintenance facility in the town that has been a source of a nagging problem for years. These show a progression segment from the maintenance facility to a road side ditch eventually to a manhole. The manhole exits to a stream that flows into to Dream Lake. It is likely that substantial quantities of segments have entered Dream Lake over the years that has contributed to its filling, this is the result of improper control and practices of this maintenance facility. The town should be working with the county to have a firm construction to contain the sand and the facility and to have it a vegetative stream planted at the maintenance facility . The purpose of these photos is to show some potential and existing problems in Queensbury, we would like to suggest that a Conservation Advisory Counsel could began assisting the Planning Board in the taking and initiating the land use and natural land inventory. Turned over to the Town Board (on loan) maps, from Colonie Conservation Advisory Counsel on land use information that can be used for community planning purposes. We recommend that this type of base be formed in the Town of Queensbury, the State does provide funding for such projects. We would not be adverse to having the Qsby. Beautification Committee changed to the Conservation Advisory Counsel and their role expanded. We would like to see new faces on the council individuals that have expertise in land use and environmental planning. COUNCILMAN MONTESI-Spoke, regarding a lot on Meadow Lane very wet property-noted that this is a lot of record, a house is being placed on the lot, the plans of the house have been changed unknown by the Building & Zoning Dept. and a garage have been placed on the lot, the corner of the house has cracked and the foundation has cracked. . . sand has been placed on the lot and it is flowing into the next lot, Mr. Goodmans property. . .questioned how can he get a septic tank in the front yard and be two feet above the main water table. . .I was assured by the Building and Zoning Dept. that there would not be a certificant of occupancy given to this house until the structural damage is fixed and the septic tank requirements are met, and the damages are repaired to Mr. Goodman's property. MR. JOHN McCLURE-Previous owner of the subject lot. . .this was sort of wet land, the water next to it is the drainage from the people above who have sub-pumps and run it off their property, which is illegal. . .noted that if the septic system has to be two feet above the water level it will be higher than then his and stated that he was a lot higher then the neighbors. COUNCILMAN MONTESI-The septic system ordinance is about three years old so they have changed. Noted that if you go inside the subject house and take a look at the pipe coming through the foundation then go outside and measure where the original water level is, you will be below two feet. BEVERLY MCCLURE-As long as I have lived there, there has been a water problem in that area. That has not been developed because of the sand in there, the water has caused the sand to flow down and part come on us and we cleaned it up. Stated that all the water that comes down Ridge Road and Quaker Road goes down Meadow Lane, Mr. Naylor fixed one culvert last year. COUNCILMAN MONTESI-Stated that he did know that, it was not a new problem and they were going to try to answer some of the questions. GENE GOODMAN-Stated that he had some pictures showing the amount of water running down through that area. SUPERVISOR WALTER-We will refer this problem to the Highway Superintendent who also deals with drainage in the town and not all these problems are town problems, we will wait for Mr. Naylor's report. DAVID BRITT- Meadow Lane, Asked if it wasn't the duty of the official of the town who issues the permit to build to go out and inspect the property to be developed. BILL MORTON- According to the ordinance for fill systems under section 2.04 there must be at least 2 feet of natural occurring soil over the higher ground level. There was not two feet of natural occurring soil over that cattail marsh, so therefore a permit can be issued according to these regulations. JIM INGLES-Cleverdale, Wondered how home rule affects or governs the way those parts of Lake George that are inside the boundary of Queensbury can be regarded. What kind of property rights does Queensbury have on the surface of all those bays that are inside our boundaries. What kind of rights do we have to the bottom of the lake and the water in-between and not only the ownership but the ability to tax, and an ability to charge fees. Asked if the assessor comes now and measures his dock and then somebody else comes by and says he is going tax the dock, what happens, will there be double taxation on his dock or do you have to give up the right to tax me because somebody else does? Middle Bay is a reservoir and wondered if it was there was any kinds of regulations, is it recognized as a reservoir, is it treated, is it looked after as a reservoir? TOWN COUNSEL-Responded that the municipal home rule law is a wonderful thing. That they have used the provisions of home rule law with respecting fees 192 on the site plan review process, the recreation fees. Noted that the court of appeals case that says you can't do that under the general town law. Stated that there was a variety of ways to use that law creatively on the part of this or any other municipality. JIM INGLES-Asked if when a lot was sold would that come under the $250.00 developers fee, because that is a development, no private people can sell their docks, only developers can sell docks. RONALD MONTESI- What Mr. Ingles was referring to was one of the marinas sold off a bunch of heir docks in the condominiums concept. Believed that each one of those individual owners did pay 20 or 30 thousand dollars for that condo dock that wasn't attached, is paying a property tax on that as they would for a house. ~! COUNCILMAN BORGOS-Asked if Mr. Ingles was referring to the new Lake George Law that intends to finance itself for tax levy etc? JIM INGLES-Noted its was one of the things on his mind. SUPERVISOR WALTER- The town has very little ability to tax other than real property taxes and special district taxes and what we are able to do is collect revenues from various fees, apartments and sales-tax which is not a town, a town cannot issue a sales tax, it is a county tax that we derive revenue from. The state has various ways of producing revenues and more of a tax ability and yes they can tax and re-tax. JIM INGLES-Asked what were the Queensbury Town property rights in those parts of Lake George. SUPERVISOR WALTER-The only thing they could do was to look and see how many docks he had and add to your assessment and then EnCon has the jurisdiction of giving out permits for docks and supposedly one of the agency has the bottom of the lake and the other has the top. Mr. ADAMSON-Asked when the Board of Health meets and were there records he could look at. SUPERVISOR WALTER-Responded that the Board of Health is the Town Board and they only meet when there is a reason to meet and they generally meet at a session of the Town Board declaring themselves a Health Board and take care of the business. are in the Town Clerks' Office. MR. GOODMAN- Asked if there could be something done to alleviate the water problem on Quaker Road, maybe a trench or something. SUPERVISOR WALTER-Stated that Mr. Naylor would take a look at it and discuss it with Mr. Austin, the head of the County DPW. COUNCILMAN MONAHAN-Noted that there was a major fire in the area and commended the firemen and fireladies in the Town of Queensbury, Kingsbury and West Fort Ann who responded to this call,also the Auxiliary who fed them, and also the Rescue Squads. COUNCILMAN BORGOS-Complimented Mr. Naylor on the tremendous work they did on the Cronin Road. COUNCILMAN KUROSAKA-Commended Mr.Naylor on the piece of equipment he had forged together, and the fact that it does an excellent job and a great savings to the town. J SUPERVISOR WALTER-Wanted the Town Board to be aware that Mr. Bob Eddy has given a lot of time to the town, he has done a pictorial history on Queensbury _...., with a lot of dialogue, pictures and real effort plus a great deal of love. Asked that the book be kept in the Town Clerks office, noted that it would be good reference. Stated that a copy has been given to the Crandall Library, Pam Vogel,Warren County Historian, The Champman Museum. COUNCILMAN MONAHAN-Suggested a resolution of appreciation to Mr. Eddy for 193 his work of time and effort be done. SUPERVISOR WALTER-Announced that we would have a five minute recess. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 152, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board minutes of May 13 ;1986 be and herby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mrs. Monahan, Mrs. Walter s� Noes: None Absent: Mr. Montesi RESOLUTION AUTHORIZING LEASE OF LAND FOR RECREATIONAL USE RESOLUTION NO 153, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. : WHEREAS, the Town Board of the Town of Queensbury has determined that additional recreational areas are in the interest of the residents of the Town of Queensbury WHEREAS, a lease of the land for the recreational use has been proposed by South Queensbury Fire Company, Inc. , and WHEREAS, the lease agreement shall conform with the provisions contained in § 64 of the Town Law. NOW, THEREFORE BE IT RESOLVED, that the Supervisor or her Deputy of the Town of Queensbury is hereby authorized to execute a lease of land, located on Dix Avenue, in form approved by Wilson S. Mathias, Counsel to the Town Board, and BE IT FURTHER RESOLVED, that a copy of this resolution together with the executed lease agreements be forwarded to South Queensbury Fire Company, Inc. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mrs. Monahan, Mrs. Walter Noes: None Absent: Mr. Montesi RESOLUTION IN SUPPORT OF ACQUISITION OF COUNTY HEALTH CAMP PROPERTY RESOLUTION NO.154, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos: WHEREAS,the Town of Queensbury has a dual goal in maintaining open space in its rapidly developing community along with providing additional recreation sites for public use, and WHEREAS, the; Town is the owner of 55 f acres adjacent to. County-owned property which was formerly used as a summer health camp, and WHEREAS, inquiries into Warren County's future plans for the unused property have suggested no other realistic use than for purposes of recreation, and WHEREAS, the Town of Queensbury wishes to acquire this land for solely park purposes, and WHEREAS, Frances J. Walter, the Supervisor of the Town of Queensbury, by letter dated May 7, 1986 requested the sale of the Warren County Health Camp to the Town, and 194 WHEREAS, the Town Board of Queensbury strongly supports the request and feels it to be in the best interests of the taxpayers of Warren County to utilize this recreational land on a continuing basis, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board does hereby solicit a favorable response by the Warren County Health Camp property to the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mrs. Monahan, Mrs. Walter. Noes: None Absent: Mr. Montesi Councilman Montesi re-entered the meeting following the recess. . . RESOLUTION TO ADJUST ANNUAL COMPENSATION FOR BOARD OF ASSESSMENT REVIEW RESOLUTION NO.155, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mrs. Frances Walter: WHEREAS, a fee for services for the Assessment Review Board has not been adjusted in many years, and WHEREAS, additionally, Assessment Board members are now required to attend classes to qualify for such an appointment, NOW, THEREFORE BE IT RESOLVED, that compensation for the members of the Board of Assessment Review be set at $50.00 per sitting and reasonable and necessary expenses be paid for mandated State schooling. Duly adopted by the following vote AYES: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COUNCILMAN BORGOS-Stated that the people on the Board of Assessment spend a lot of hours for the salary. Suggested that this be made retroactive to cover the time they had already spent on the Assessment Review Board. RESOLUTION SETTING PUBLIC HEARING DESIGNATING RUSH POUND AND ADJOINING LANDS AS CRITICAL AREAS OF ENVIRONMENTAL CONCERN RESOLUTION NO.156,Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Town Board is authorized to designate specific geographic areas within its boundaries as critical areas of environmental concern, and WHEREAS, Rush Pond and the area within 500 feet of the high water line of - Rush Pond appear to be of exceptional and unique character, and WHEREAS, the aforesaid area may meet the criteria contained in Section 617.4 (J) of Title 6 of the New York Code Rules and Regulations as a benefit to the public health and safety, natural setting, cultural and/or recreational purposes, and an inherent ecological and hydrological sensitivity to change which could be adversely affected by any change, and WHEREAS, the Town Board seeks additional public comment regarding the designation of this area as a critical area of environmental concern, NOW, THEREFORE BE IT f 195 RESOLVED, that meetings of the Town Board of the Town of Queensbury shall be held at the Town Office Building at Bay & Haviland Roads in the Town of Queensbury on the 24th day of June and the 8th day of July, 1986 at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to designate Rush Pond and certain adjoining lands as critical areas of environmental concern, and to hear all persons interested in the subject thereof, concerning the same, and to take action as may be required and authorized by law, and it is further RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish on two occasions a copy of this resolution in the official newspaper of the Town of Queensbury and to post a copy of this Resolution on the sign board of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr.Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.157,Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. Ronald Montesi. RESOLVED, to transfer $2,000. from A2158010.440 to A2158010.200 for the purchase of miscellaneous equipment for the Building and Zoning Department. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None --'�— SUPERVISOR WALTER-Stated that the transfer was from their contractual account to their equipment, and it is for a couple of radios and a recording machine for their cars. RESOLUTION AUTHORIZING LEASE OF TOWN LANDS FOR USE AS CORNFIELDS RESOLUTION NO.158,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury has determined that certain Town property on Ridge Road is not in use, and WHEREAS, a lease of the land for purposes of planting, growing and harvesting corn has been proposed by Ideal Dairy Farms, Inc. , and WHEREAS, the lease agreement shall conform with the provisions contained in §64 of the Town Law. NOW, THEREFORE BE IT RESOLVED, that the Supervisor or her Deputy of the Town of Queensbury is hereby authorized to execute a lease to Town land, located on Ridge Road, in form approved by Wilson S. Mathias, Counsel to the Town Board, and BE IT FURTHER RESOLVED, that a copy of this resolution together with the executed lease agreement be forwarded to Ideal Dairy Farms, Inc. Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER-Stated that this is the Town property purchased for a 196 Town park on the Ridge Road and they had been waiting to hear since February whether the town would be funded for a land and water and conservation grant and we would be developing the land with the grant. Town did not receive the grant and therefore at this point it is a little bit late to start developing the property and so the farmer planting the corn there could do so for one year with the intention over the winter we would develop an alternate plan and began the development of the park early next spring. RESOLUTION TO APPROVE LOCAL LAW TO ESTABLISH NO-PARKING REGULATIONS ON CLEVERDALE ROAD RESOLUTION NO. 159, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury have received requests from residents of Cleverdale to establish a No-Parking zone on Cleverdale Road and WHEREAS, a public hearing duly published in accordance with the law by the Town Clerk was held on May 17, 1986 at 7:30 P.M. at the Queensbury Town Office Building at which time all persons were heard both in favor of and opposed to said law, NOW, THEREFORE BE IT RESOLVED, that local law entitled " A LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON CLEVERDALE ROAD AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 10 and 14" is hereby approved and said local law becomes effective upon filing with the Secretary of State of New York. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Monahan. Noes: Mrs. Walter Absent: None LOCAL LAW NUMBER 7, 1986 LOCAL LAW ESTABLISHING NO-PARKING REGULATIONS ON CLEVERDALE ROAD AND DESIGNATED ON THE TOWN OF QUEENSBURY TAX MAP IN SECTION 10 and 14 SECTION 1. For the purpose of this Local Law, the words "vehicle", "owner", Parked", "standing" shall have the meaning defined in the Vehicle and Traffic Law of the State of New York. SECTION 2. Except as provided for in Section 3 hereof, no vehicle shall be parked or left standing on Cleverdale Road beginning at East Shore Drive in a northerly direction for 9370' on both easterly and westerly sides of the road and more particularly described on the Town of Queensbury Tax Map in Section 10 and Section 14. The prohibition herein set forth shall not apply during the hours of 9:30 a.m. and 11:30 a.m. on Sundays and other functions authorized by the Church when parking is permitted on the east side 1000' south of the Church. SECTION 3. Any person violating any provision of Section 2 or Section 3 of this Local Law shall upon conviction be punishable for a first offense by a fine not to exceed $25.00 and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, :restrain, correct or abate any violation of this Local Law. SECTION 4. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTION DESIGNATING ROUND Pd,40 AND ADJOINING LANDS AS CRITICAL AREAS OF ENVIRONMENTAL CONCERN RESOLUTION NO. 160, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Kurosaka: RESOLUTION forthcoming from Town Counsel to be found on page 197 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None TOWN COUNSEL-Noted that there are currently negotiations between the owner and Mr. Krogmann's client and the Town Board. SUPERVISOR WALTER-There were no negotiations- the fact of the matter is ^..— the gentlemen now owns the property and the Town Board has no idea whether he wishes to sell it to them. TOWN COUNSEL-Stated that it would be perceived by his counsel that we might be attempting to use a lever to make a determination. COUNCILMAN MONAHAN- Stated that she did not agree with Counsel. . .noted that it is a natural follow through with what they have been saying for several months now, not just for Round Pond but for other areas. Stated that they would go on and declare other areas as environmental critical areas. COUNCILMAN BORGOS-Asked if an agreement was reached about the incident that Mr. Krogmann raised regarding whether this declaration will require an EIS. Mr. Krogmann pointed out the current legislation would permit the Planning Board to ask for it. TOWN COUNSEL-Stated that he was no absolutely sure, at least under SEQRA, i maybe under some other theory enable legislature, could require an Environmental Impact Statement for any action they propose. COUNCILMAN BORGOS-Asked what level of developments would there have to be before this would kick in, the installation of a basketball court, would that have to come to the Planning Board? TOWN COUNSEL-Stated that there are certain types of things that are not -^" covered by SEQRA and one of those is a ministerial act. So that if someone wants to come in and build a single family home in a Critical Environmental area on a lot that meets all the requirements, they get it, they do not have to go through an Environmental Impact Statement. On the other hand someone who wants to put in a Subdivision and get Planning Board approval for a series of residential units within that area, that would be the kind of thing that would trigger the Environmental Impact Statement or at least its termination by the Board requiring it. RESOLUTION OF APPRECIATION RESOLUTION NO. 161, Introduced by the entire Board WHEREAS, Mr. Robert Eddy of 17 owen Avenue, Queensbury, New York has presented to the Town of Queensbury a pictorial view of older homes and historic sites in the Town of Queensbury, and WHEREAS, the Town Board of Queensbury has accepted this tribute to Queensbury on behalf of it's residents, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury wishes to acknowledge the long hours and diligence a project of this magnitude constitutes and be it further RESOLVED, that the Town Board thanks Mr. Eddy for his efforts in preserving our Town History for future generations. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None 198 Absent: None COMMUNICATIONS -Ltr. Town of Queensbury - Verification of Insurance Claims made Insurance on file. -Ltr. Queensbury Central Volunteer Fire Co. , Inc. - Adding Blair Davies to Membership roster on file. -Ltr. Adirondack Fire Equipment - concerning definite Hazzard on Bay Road and intersection of Sunnyside Road from Ralph Chambers on file. SUPERVISOR WALTER-Stated that those were two county roads and addressed Mr. Naylor and suggested that the Town Board acknowledge Mr. Chambers letter and indicate that this has been sent on to Mr. Fred Austin and wait to hear what he has to say. COUNCILMAN MONAHAN-agreed that this is a hazardous road. REPORTS - The Town Clerk's Monthly Report - May, 1986 on file - The Building and Zoning Report - May, 1986 on file RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION 110. Ia. Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that Audit of Bills as appears on June 10, 1986 Abstract and numbered j 1378 and 1657 and totaling $399,472.00 be and hereby is approved. i r Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr.Montesi, Mrs. Monahan, Mrs. Walter Noes: None r Absent: None I RESOLUTION CALLING FOR EXECUTIVE SESSION i i RESOLUTION NO.163,Introduced by Mrs. Frances Walter who moved for its adoption seconded by Mrs. Betty Monahan: i RESOLVED, that the Town Board hereby moves into executive session to discuss contract negotiations. 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 DOUGHER, TOWN CLERK