1989-09-20 SP SPECIAL TOWN BOARD MEETING
SEPTEMBER 20, 1989
7:02 p.m.
TOWN BOARD MEMBERS PRESENT
Supervisor Stephen Borgos
Councilman George Kurosaka
Councilman Marilyn Potenza
Councilman Ronald Montesi
Councilman Betty Monahan
Town Attorney Paul Dusek
Supervisor Borgos-Called the Meeting to order. The primary
Purpose of the meeting is to call for an executive session
to discuss personnel matter.
Councilman Montesi-Spoke to the Town Board in regard to the
proposed building of a generator building and maintenance
building for the Queensbury Water Plant. . .requested that
Councilman Kurosaka and himself be allowed to address these
two buildings . . .
Agreed to by the Board. . .Supervisor Borgos noted that this
is not a committee but two members of the Town Board to
discuss the proposed building of these facilities .
Discussion held in regard to Duck Pond off Bay Road. . . Mr.
Hatin noted that there seems to be no problem at that
location. . .Councilman Potenza reported to the Board that the
City had placed dye test into their sewer lines and it was
reported that it came out through the pond, as reported by
Channel 8 News . . .the City reported that this was not harmful
to the ducks or the environment or plants . . .
I
Town Attorney Dusek-Brought forth to the Town Board a
proposed resolution regarding the Bedford Close Water Dist .
Agreement. . .
Discussion held by Town Board and it was agreed to hold this
resolution until Monday, September 25th.
RESOLUTION TO GO INTO EXECUTIVE SESSION
RESOLUTION NO. 521, 198.9,_ Introduced by Mrs. Marilyn Potenza
who moved for its adoption, seconded by Mr. George Kurosaka:
RESOLVED, that the Town Board hereby moves into executive
session to discuss personnel , professional services and
litigation.
Duly adopted this 20th day of September, 1989, by the
following vote:
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO RECONVENE
RESOLUTION NO. 522, 1989, Introduced by Mrs . Marilyn Potenza
who moved for its adoption, seconded by Mr. George Kurosaka:
RESOLVED, that the Town Board hereby moves back into
Regular Session.
Duly adopted this 20th day of September, 1989, by the
following vote :
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION OF OPPOSITION TO WASTE WATER REGULATIONS PROPOSED
BY THE LAKE GEORGE PARK CONNISSION
R_E_SO_LUTION NO. 523, 1989, Introduced by the Entire Town
Board who moved for its adoption:
WHEREAS, the Town Board of the Town of Queensbury has --�
reviewed regulations proposed by the Lake George Park
Commission governing the disposal of waste water within the
Lake George Park, with the Town Planner, Director of
Building and Codes and the Town Attorney, and
WHEREAS, the said Board desires to express its opposition to
the reguations and the impact of the regulations as
presently written,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby objects to and opposes the adoption and
implementation of the Waste Water Regulations proposed by
the Lake George Park Commission, as amendments to 6 NYCRR
646-3, and
BE IT FURTHER,
RESOLVED, that although the said Town Board agrees with the
concept of waste water regulation in the Lake George Park
Area, the said Town Board objects to the regulations
proposed by the Take George Park Commission, for several
reasons, including the following: .
1 . The said Town Board is of the opinion that the said
regulations appropriate, too extensively, local municipa l
power and authority;
2 . The said Town Board is of the opinion that the
environmental impacts of the regulations need further study,
especially in those areas of social and economic impacts,
and the said Town Board disagrees with the issuance of a
negative declaration by the Lake George Park Commission in
connection with the SEQRA review of the project;
3 . The said Town Board has serious concerns about the
delegation of powers to municipalities, primarily due to
questions regarding the effectiveness and enforceability of
the same;
4 . The said Town Board is concerned that the cost to
Individual property owners may be excessive and burdensome,
and the regulations appear cumbersome and unwieldy;
5 . The said Town Board submits that there also appears
to be inconsistencies within some of the provisions of the
regulations;
6 . The said Town Board opposes the partial prohibition
of holding tanks as set forth in the regulations, as
sometimes the holding tank solution is the only viable and
alternative solution to septic disposal ;
7 . The said Town Board feels that some of the
regulations are ambiguous or contain ambiguous language;
B . The said Town Board feels that some of the
regulations duplicate the effort of the Town of Queensbury,
as the said Town has current and adequate Sanitary Sewer
Regulations;
.�3
9. The said Town Board is concerned about the issuance
of variances and the right of the Commission to reverse
variances granted by the Town;
10. The said Town Board feels that there has been
insufficient time to study the regulations;
Y- 11 . The said Town Board notes the obligation of the Lake
George Park Commission to consider utilizing approaches
which are designed to avoid undue, deleterious, economic
effects or overly burdensome impacts of the rule, upon
�- persons directly or indirectly effected by it or upon the
economy or administration of State or Local Government
Agencies, pursuant to Section 202(A) of the State
Administrative Procedure Act, and the obligation to consider
utilizing approaches that will accomplish the objectives of
applicable statutes, while minimizing any adverse, economic
impact of the rule on small businesses, pursuant to Section
202(B) of the State Administrative Procedure Act, and the
said Town Board is of the opinion that the regulations
presently proposed may not accomplish these objectives set
forth in the State Administrative Procedure Act;
12 . The said Town Board expresses the opinion that the
regulations are a broad brush approach to the entire region,
where different environmental conditions may exist in
different areas of the Park as to, for example, the
condition of ground water and flow of waters;
13 . The said Town Board believes that the
implementation of the proposed regulations will adversely
effect the efforts of the several towns bordering the lake
to establish a permanent solution to the waste water
problem; and
BE IT FURTHER
RESOLVED, that the said Town Board requests that the Lake
George Park Commission delay all formal action on the
proposed rules and regulations and any revisions to the
same until at least January 30, 1990, and that the
Commission prior to any action to adopt the current
regulations or revised rules, hold a public hearing and a
comment period on said current and/or revised regulations,
and
BE IT FURTHER
RESOLVED, that a copy of this resolution to served upon the
Lake George Park Commission, as the Town of Queensbury' s
official comment with regard to the proposed rules and
regulations, and
�- BE IT FURTHER,
RESOLVED, that a copy of this resolution will also be sent
to Congressman Gerald B. Solomon, Assemblyman Neil W.
Kelleher, Senator Ronald B. Stafford, and Governor Mario
Cuomo .
Duly adopted this 20th day of September, 1989, by the
following vote :
Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs .
Monahan, Mr. Borgos
Noes: None
Absent: None
On motion the meeting was adjourned.
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