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1990-02-26 SP SPECIAL TOWN BOARD MEETING FEBRUARY 26, 1990 7:05 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Supervisor Borgos-Called meeting to order. The purpose of this meeting is to have a final discussion on the West Mountain PUD and the proposed resolutions related thereto. Councilman Monahan-I'm going to tell you right off the bat Steve, I'm going to abstain. This stuff was delivered to my house yesterday afternoon and I was at a wake and a funeral. I have not looked at it or had an opportunity too and I'm a little disgusted at this timing frankly. Councilman Borgos-Obviously I was not happy to get it myself, but I think you had requested that it be delivered. Councilman Monahan-Absolutely. But, I didn't expect it to be delivered on a Sunday afternoon, late Sunday afternoon when I found it. Councilman Kurosaka-I was fortunate I was home and I read all the papers. I like it, I think the lawyers did a hell of a job on it. Councilman Monahan-I just object to the timing type of thing and asking for this type of pressure. Councilman Potenza-In all honestly Mrs. Monahan, we sat here until late Thursday night, they had Friday and Saturday to review it, put it to print, copy it, and get it to us on Sunday. Councilman Monahan-Then we should not be doing it. Councilman Potenza-When the meeting was set up on Thursday everybody agreed that we would vote on it tonight. Councilman Monahan-I would assume that we would of had this no later than Saturday morning early. I'm just used to the way some other Developers have been and I'm thoroughly ticked off. Supervisor Borgos-Ron, how do you feel? Are you ready to take some action? Supervisor Borgos-I did go through it last night. I brought my comments to the attorney this morning there was one sentence that had been left out which I have now seen has been added. Councilman Kurosaka-I wouldn't know what you added, but what I saw I liked. Attorney Dusek-It's in the first full paragraph last sentence. Supervisor Borgos-It's the last thing we did related to fire. Attorney Dusek-It's in the West Mountain Development Agreement, page 20. Supervisor Borgos-The sentence was added the other night.from the hand written version, but it wasn't put in any of those it has now been added. Any more concerns or comments you have before we look at the resolution before further discussion or possible adoption? If not, I'll ask the Clerk to do the honors. Attorney Dusek-Maybe I can explain to the Board what we did here. Because this was once adopted by the Board before, I thought the cleanest and easiest way to accomplish this would be to do a resolution which is in the packet. Darleen do you have the resolution? Town Clerk-Amending 36. Attorney Dusek-It's a Resolution Improving Amending West Mountain Development Agreement. Okay, you have that. Town Clerk-Yes. 188 Attorney Dusek-What this resolution does is approve the agreement and then also amend the SEQRA findings as well to conform with the agreement. Then what we did is the resolution that actually creates the PUD which you have a copy of was revised slightly by myself to add in three additional paragraphs. You do not have a copy of that, that went to Steve to Darleen, and I have a copy of it here so I could describe the changes to you. Councilman Montesi-Just so we can clear the decks here, we're going to be talking about only the clean copy the one we added page 20 too? Attorney Dusek-Right. Councilman Montesi-The other copies for the time being we're putting them off to the side? Supervisor Borgos-Their different documents. Councilman Montesi-So we're going to use all of these tonight? Attorney Dusek-Yes. Maybe to make this a little more consistent let me start from scratch here. The Board should have gotten four documents all together. You should have gotten two copies of the agreement, one copy of the PUD resolution, and one copy of the SEQRA findings. Councilman Montesi-The resolution your talking about is entitled Bill Drafting Styles. Their are two Bill Drafting Styles which one are we working on PUD or SEQRA? Attorney Dusek-We're going to be using all of them, but PUD is the first one. Councilman Montesi-Right now we're going to be working on West Mountain PUD Bill Drafting Style? Attorney Dusek-Right. On this particular resolution we all get this on Sunday, as mentioned. This morning I call the Developer and advised that, I felt the resolution should be further modified. This you do not have a copy of obviously the latest changes. Darleen has been given one Steve has got one and I've got one. The changes are only designed for one, to correct an error and two, to facilitate re-adopting this thing. The changes are as follows: First of all one change that was made was the change to Page 20 it's not Page 20 on this document, but it's the same sentence that was left out that was added to this document as well. On the fire business that it will in the decision of the Town Board. All documents were amended to add that sentence in. The second set of changes that were made to this document are as follows. The first change was in the title. Instead of just simply saying, Resolution in Relation to Creation of West Mountain Villages at the top of the page the propose document now says Resolution Amending Resolution No. 36 of 1990 in Relation to Creation of the West Mountain Villages. Councilman Monahan-Mine doesn't say that. Attorney Dusek-This was just done today. Supervisor Borgos-Darleen and 1, have been just handed a copy as we speak. Attorney Dusek-The title has been changed to read Resolution Amending Resolution No. 36 1990 in Relation to the Creation of West Mountain Village PUD. In addition to that on Page 4, two additional "WHEREAS" clauses have been added. You will see that they are basically procedural and subsequent to this agreement. The first "WHEREAS" clause that I requested to be added is: WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 36, 1990 authorized the creation of the West Mountain Village Planned Unit Development (PUD) District and accordingly amended the Zoning Ordinance of the Town of Queensbury. Attorney Dusek-The next "WHEREAS" clause was much shorter and simply read: WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the aforesaid Resolution NO. 36, 1990 as herein set forth. Attorney Dusek-The only other change that was made was to the last Page 29. At the very end I added two "RESOLVED" clauses there. The first one being: BE IT FURTHER RESOLVED THAT, such notices as my be required by law to be filed and published shall so be filed and published with regard to this zoning amendment and the form of such notices to be approved by the town attorney and execution of such notices, if required, .189 shall be the the town supervisor, and BE IT FURTHER RESOLVED THAT resolution No. 36, 1990 is hereby amended to the extent the same is inconsistent with this resolution and the time in which all notices must be filed shall run from the date of the adoption of this resolution. Councilman Montesi-What does it say now. The first one I didn't understand. Attorney Dusek-Basically this is just a catch all clause I added just to cover ourselves in the event there are any notices that need to be filed that you have given the authorization that they be filed and that form of the notice will be in the form approvable by me so that we can get them done and out of the way. The notices have to basically summarize or contain the - summary of the PUD ordinance. The second clause simply says, that anything in Resolution No. 36 which you previously adopted if it's inconsistent it's superseded by this. The time in which any notices must be filed for purposes of publication or anything else will run from today's date as opposed to January 2nd so these were just basic procedures to cover ourselves on that. Also, since the Board had already adopted all three of these documents I was trying to figure out an easy way to go back and amend all those documents and the solution I came up with was to draft this one resolution that you have in front of you plus go back and amend the PUD resolution with the changes that I just went over with you. If you adopt the thin one first and the PUD second you will effectively implement the PUD. Supervisor Borgos-We're having copies made of those two pages. Is this it? Attorney Dusek-That's it with the one change that you had that travels through all the documents. Supervisor Borgos-In your opinion, if we read and adopt this resolution are we then finished with everything? Attorney Dusek-You would have to adopt a thin resolution and then adopt a thicker resolution then that would complete this project. Supervisor Borgos-My copy of that resolution is being used for copying it now. Councilman Montesi-The West Mountain Agreement does not have to be signed? Attorney Dusek-This resolution will authorize Steve to sign that. Supervisor Borgos-As soon as Lake Luzerne approves right? Attorney Dusek-Right. Councilman Montesi-The SEQRA has been accordingly adjusted too? Attorney Dusek-Right. Supervisor Borgos-1111 ask the Clerk to read this thin document. RESOLUTION APPROVING AMENDED WEST MOUNTAIN DEVELOPMENT AGREEMENT RESOLUTION NO. 126, 1990,Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, West Mountain Realty Limited Partners, through its predecessor in interest, West Mountain Villages, Inc., applied to the Town of Queensbury for a Planned Unit Development and to Lake Luzerne for a Planned District Development, for the development of a recreation home community on land lying in portions of Queensbury and Lake Luzerne, which development is commonly known as West Mountain Village, and WHEREAS, the Town Board of the Town of Queensbury, as lead agency, completed and accepted a Final Environmental Impact Statement for the aforesaid project, and WHEREAS, on or about the 2nd day of January, 1990, resolutions were adopted authorizing and approving and agreement entitles,"West Mountain Development Agreement," a Statement of SEQRA Findings, and legislation authorizing the creation of a Planned Unit Development under the Zoning Laws of the Town of Queensbury, and WHEREAS, following the Town of Lake Luzerne's review of the West Mountain Development Agreement, amendments have been proposed to the same, and WHEREAS, such amendments effect not only the West Mountain Development Agreement, but also the SEQRA Findings and PUD Legislation previously adopted by the Town Board of 190 the Town of Queensbury, and WHEREAS, the modifications to the agreement, SEQRA Findings, and PUD Legislation do not require further environmental studies and in fact, such modifications are supported by the Final Environmental Impact Statement, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Amended West Mountain Development Agreement presented at this meeting and hereby authorizes the Town Supervisor for the Town of Queensbury to sign and execute the same on behalf of the Town Board of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the amended statement of SEQRA Findings as presented at this meeting, and BE IT FURTHER, RESOLVED, that such notices as may be required or necessary pursuant to the rules and regulations of the Department of Environmental Conservation implementing the State Environmental Conservation implementing the State Environmental Quality Review Act, shall be hereby caused to be filed by the Town Attorney for the Town of Queensbury, in a form to be approved by the Town Attorney, and if necessary, executed by the Town Supervisor on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that resolutions no. 34 and 35 of 1990, previously adopted by the Town Board of the Town of Queensbury, are hereby amended to the extent any provisions, terms, or conditions thereof are different than approved and authorized herein. Duly adopted this 26th day of February, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:None ABSTAIN:Mrs. Monahan DISCUSSION HELD Councilman Monahan-I'm going to abstain Darleen and I want the reason in the minutes. Since the Developer did not furnish a "clean" copy until Sunday afternoon. I do not feel I have adequately reviewed approximately 130 or 140 pages of documents to make sure that they are in agreement with all the documents that we discussed. Supervisor Borgos-We need the next one introduced by title. Hopefully, Mr. Kurosaka, you will ask that the reading be waived. RESOLUTION AMENDING RESOLUTION ON. 36, 1990 IN RELATION TO CREATION OF WEST MOUNTAIN VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT RESOLUTION NO. 127, 1990,Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: (resolution found at the end of the meeting) DISCUSSION HELD BEFORE VOTE Councilman Montesi-It should be understood that this was something that we thoroughly read and reviewed page by page. Councilman Monahan-We absolutely did, but I don't feel I have had a chance to review this. Supervisor Borgos-As I understand the agreement from the other night when we all objected to having reread this, my understanding was that the Developer and Attorney would agree that the language contained in the new copies to be given to us over the weekend would be identical to those we've been working with with the exception of those few items noted. 191 Attorney Dusek-When you say attorney, do you mean the Developer's attorney? Supervisor Borgos-The Developer's attorney and I thought you had agreed also that this would be okay for us to accept it this way we talked about this briefly this morning. Attorney Dusek-I don't think I made a representation that I would guarantee that anything exactly the way it was in the copies. Supervisor Borgos-I'm saying the representation of the opinions the other night, however, we ought to make the consensus the other night was that we would all get a clean set an updated version with the only changes being those changes that had been approved in the last several days that we would not be expected to go back and ourselves compare every word. Attorney Dusek-That was the intent of the Developer that's what I want to make clear to the Board as I have not in fact gone through and compared every word in this agreement I haven't had the time to do that. Councilman Monahan-Nobody has done that so you don't know if something has been left out on the clean copies or not. Mr. Broadway-Let me tell you that mechanically that these were generated from the same word processing document and the only changes that I made were the ones that Paul directed to make. Because it was an original electronic document and I made no other changes in there when it printed out it is identical with what you saw the other day. Supervisor Borgos-I'll just ask legal counsel would it be valuable, possible, or not even worthy of thinking about to insert a phrase somewhere or to create a separate resolution so that this understanding is on record? Attorney Dusek-I think there are maybe two things to note in that regard. First of all, the changes so that the Board can be assured to at least some extent that certain changes were made in the bill style copy of the agreement which you received on Sunday it has in there underlined the changes that I dedicated Thursday night to Dana. I gave him the tape and he went back and inserted those in the agreement and I have verified that those particular changes that are underlined were in fact the changes that I dictated. To the extent that we can verify that the rest of the remaining document is as you originally thought it was about looking over every single word, I guess the only thing we can do is ask if the Developer on the record will state that if it is not he agrees that we will in some fashion correct the document after the fact. We have Mike Brandt and Joe Kryzs indicating that the document should be the same and that their agreeing then basically that we can go back and correct if they're not? Mike Brandt & Joe Kryzs-Yes. Attorney Dusek-I think that establishes a sufficient record. Supervisor Borgos-I just wanted to be sure. I agree that there is no possible way even if you had the time. Councilman Potenza-You went over the articles that were changed. Supervisor Borgos-I did review it that's how I picked up the problem. Town Clerk-Called for the vote. Councilman Monahan-Abstained for the following reason. The Developer did not furnish a "clean" copy until Sunday afternoon. I do not feel I have adequately reviewed approximately 130 or 140 Pages of documents to make sure that they are in agreement with all the documents that we discussed. Supervisor Borgos-This is the end of it right? Attorney Dusek-That's it. Supervisor Borgos-It's been a long arguous process for all concerned I'm glad it's over. I think it's important for everyone to recognize and particularly those who aren't here to recognize that these documents were not lightly approved by this Board, I think the Developer will agree to that. That this Board spent a great deal of time and effort and that we took into consideration at all times the concerns of all those people who visited us at public hearings from day number one even though they have generally not been represented for the last 21 years or so that their ideas are in here and that there are many mitigation measures that have been taken related to environment and the impacts of concern. I personally think the document is quite good. 19? I think we should "also remember that we have shown here concern for the rights of individual land owners that they have constitutional rights to develop their property and that restrictions should not be unduly harsh even though it may seem that way sometimes I think we have arrived at a good compromise. I think those two things, I think a message should go out to the public. There haven't been many extra people here and I think people have to know what's happening. With that, I congratulate you for sticking with it, congratulate the Board for sticking with it and hope there will be no problems at all at any time in the future related to this, but if there are please feel free to comeback to us and talk. Any other Board members want to say anything or Developers? Mr. Brandt-I'd like to say I know it's been a tedious process for us all and I think that everybody went into it in good faith and we worked hard at it and think we worked out a good agreement for everybody. I think the community can benefit, the land owner can benefit, and I think _ everybody can win in this situation. I think certainly in the next 20 years they'll be problems with the agreement that none of us foresee, but with the same aspect we can solve it. I want to thank you for all your effort too. Supervisor Borgos-Thank you. Mr. Kryzs-I think some of us along the way became frustrated and my sense is what we ended up copying is the right thing. I think the contract that has been put together is much better for everybody concerned over the long haul than if we had not taken that extra step. I like to thank the lawyers particularly for getting us into a contract of this type because I think it's going to solve a lot of problems over a lot of years. I'd like to thank the Board for all the time going through page by page and all of that it's a tedious process. What I saw come out of a lot of those comments that people made we're some kind of compromises or whatever, but a agreement that protected everybody along the way. I thought everybody was quit reasonable and we were and I think you were. But, overall I think we did the right thing. Councilman Montesi-I think one of the nice things about this development that's going to happen to our community is that there is always going to be that group of people that say we haven't slowed down development in our area and it's continuing on in some will say in a rampant and uncontroled manner but, these are the kinds of developments that are planned and are phased and do communities a wealth of good. Your particular development in the Town of Queensbury has a lot of what we would call second family homes that means we have taxable property, but we don't have burdens on our school systems that's an important consideration. It is also a planned development that has a big retail center affixed to it a hotel and some international shops again, sales tax revenue generated. I think it's an awful nice blend and it's a planned blend and it's a phased opportunity for us to see our community grow and I'm delighted with it. Supervisor Borgos-Again, I hate to rush, but we have another meeting waiting for us. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY