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1988-11-29 i TOWN BOARD MEETING NOVEMBER 29, 1988 7:30 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR j GEORGE KUROSAKA-COUNCILMAN MARILYN POTENZA-COUNCILMAN , RONALD MONTESI-COUNCILMAN BETTY MONAIIAN-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS PAUL NAYLOR, RICK MISSITA, LEE YORK, DAVE HATIN PRESS: G.F. Post Star, PLEDGE OF ALLEGIANCE I.ED BY COUNCILMAN POTENZA RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH s ? RESOLUTION NO. 518, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby move into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos i Noes: None Absent: Mrs. Monahan QQUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - JACKIE do BURT ANTHONY NOTICE SHOWN (Mrs. Monahan enters meeting) MARK BOMBARD-I work for DL Dickinson Associates, surveyors and engineers of Lake George. It is a pretty straight forward situation. It is a small lot with not a failed but a seriously a in trouble septic system. They came to us honestly and said that they would like to make j a good septic system out of what they had. They decided to totally disregard the existing one and start fresh. This is what we could fit and where it would fit. The only problem we had was the separation distance to their own well. There are no other wells in the area, the closest one is two hundred feet. The well I believe is three hundred and twenty-five feet deep with sixty feet of casing. The normal separation requires one hundred feet. It is nice to have one hundred feet but I don't believe it is something magical. If something is going 4 to happen it could happen at one hundred feet, it could happen at ten feet, it could happen at fifty-six feet. i I SUPERVISOR BORGOS-I've personally looked at this proposal. I'm concerned because the well is positioned down hill if you will from the septic system.- So septic would typically drain toward the Lake although that area is generally fairly flat. I'm not sure where on the Trout i, Pavilion Road that is. MR. BOMBARD-Right at the end of the road. i SUPERVISOR BORGOS-Where the old Trout Pavilion was? MR. BOMBARD-Yes, right ahead of you, and it is the annex, the big white house.... SUPERVISOR BORGOS-Fairly flat but still the well would be between the septic, the leach field and the Lake, is that correct? MR. BOMBARD-Yes, the house would be between the well and the septic and both are positioned I i j i i till between the Lake. SUPERVISOR BORGOS-I've expressed some concern to our Building and Code Department because of that situation even though it is a deep well. I had asked for some type of statement from Department of Health. I see you have a letter here that indicated that the Department of Health will provide some letter but they couldn't in time for tonight's meeting. I don't know how board members feel about this... f MR. BOMBARD-Right. When we talked to Dan Machell at the Health Department, he was just getting back from vacation. Over the phone discussion, he said he didn't see a problem with it entirely. The Health Department is not large on leach beds. He would review it though and chances are would I have any big problems he would sign off on it. He would just need j some time for a little more review. COUNCILMAN MONTESI-We would really need to get the letter whether he signs off or not sign off. I would think that before we make a decision, I don't want to prolong it but I ... SUPERVISOR BORGOS-That is my feeling. Because there is a reason for a hundred feet. If it were up hill from it, I would feel a little bit differently perhaps. COUNCILMAN KUROSAKA-This is a case well for sixty feet deep, the rest of the one hundred twenty-five feet is probably through rock. The only concern we got is with the State signing off on it. I would have to agree with him on that. SUPERVISOR BORGOS-Has the well been tested, do you know, as far as the coliform? I MR. BOMBARD-Not since it had been drilled, no. SUPERVISOR BORGOS-This was drilled after the septic system was put in? MR. BOMBARD-The original septic system which would be placed on the north side of the house...(demonstrated to Supervisor on map) i COUNCILMAN MONAHAN•-Mr. Bombard, what about closeness to any of the neighbor's wells or septic systems? MR. BOMBARD-There are no other wells in the area. The owner to the North which is also a close friend his septic system is in the same spot on the other side, it is reversed. Its our house, a septic system, property Line, a septic system and a house. COUNCILMAN MONTESI-So what you are saying is the neighbors septic system is probably within a hundred feet of that well anyway? I MR. BOMBARD-Yes, there is only twenty feet between the two houses. COUNCILMAN MONAHAN-Whose their neighbor? MR. BOMBARD-Mr. Rourke. i COUNCILMAN KUROSAKA-I think we should wait for the State. If we approve something and the State says no, we're in trouble. They ought to get a test on the well too. Is the new system in already or not? MR. BOMBARD-No. COUNCILMAN KUROSAKA-If you got a coliform count now, it wouldn't tell you anything. SUPERVISOR BORGOS-The septic is not in place? MR. BOMBARD-No. SUPERVISOR BORGOS-But it would be able to tell us if the other one had contaminated the well. COUNCILMAN POTENZA-But the other one is on the other side of the building anyway. COUNCILMAN MONAHAN-Then they all would be about the same distance as the new one will be. Rourke's don't have a well? j MR. BOMBARD-Their well is, if yc i know the Rourke's house, across the road they own the A-frame, they own two wells up be !ond the A-frame that is there and those are the only two wells in the area. i i I f COUNCILMAN MONTESI-It might be interesting just for the purposes, your purposes and ours, getting a count on the existing well as it stands now. That would give you at least a base reading and any change from that, we would at least have a base reading to go from. COUNCILMAN POTENZA-That will have no input as to whether we approve this septic system or not. COUNCILMAN MONTESI-I know, but I'm just saying for purposes down the line. COUNCILMAN KUROSAKA-You could also lhnve the same situation I had. A contaminated pipe, not a contaminated well. SUPERVISOR BORGOS-What is the recommendation of the Board? COUNCILMAN POTENZA-I recommend that we table this until we get some sort of approval or disapproval from the State. COUNCILMAN KUROSAKA AND MONAHAN-Both agree. TOWN CLERK-Noted a letter received from Mr. Rourke the neighbor, supporting the Anthony's proposal. (letter on file) CLOSED PUBLIC HEARING RESOLUTION TO TABLE RESOLUTION NO. 22, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Queensbury Board of Health hereby table any action, awaiting further information. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 1 Noes: None } Absent: None i RESOLUTION TO ADJOURN FROM QUEENSBURY BOARD OF HEALTH 1 RESOLUTION NO. 23, Introduced by George Kurosaka who moved for its adoption, seconded { by Ronald Montesi. RESOLVED, that the Queensbury Board of Health hereby adjourn and enter into Regular Session of the Queensbury Town Board. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None QUEENSBURY TOWN BOARD PUBLIC HEARING - LOCAL LAW - RECREATION FEES 7:45 P.M. NOTICE SHOWN SUPERVISOR BORGOS-Essentially what this proposal is, is to increase the recreation fees from $250.00 a dwelling unit to $500.00 per dwelling unit. PLINEY TUCKER,Ward 4, Queensbury-1 guess you know what my sediments are on this one. What is the balance of the fund at the present time? SUPERVISOR BORGOS-I don't have the numbers with me but it is some where in excess of $350,000.00. s i i, I' MR. TUCKER-Who controls this fund? SUPERVISOR BORGOS-The Town Board. MR. TUCKER-Any money appropriated from this fund is done by resolution of the Town Board? i SUPERVISOR BORGOS-That is correct. MR. TUCKER-Okay. Why from $250.00 to $500.00? COUNCILMAN MONAIIAN-Part of it is; as more people have moved Into the Town of Rueensbury and the character of the Town is changing, we're having to provide recreation spots that you ' nd I used to enjoy in our neighbors backyard or the fireman's back field. Land as you well now in the Town of Rueensbury is becoming more and more expensive to acquire. Our recreation '_ udget has jumped considerably over the last several years in order to provide good recreation for all the citizens of this Town. This is just another method of acquiring some capital funds or land because the developer may also, and is the choice of the Town whether they take --.),and from him or money, to acquire some open space in this Town that everybody has requested and to also acquire space for recreation. When we talk of recreation we're not necessarily talking just active recreation, we're also talking what I call passive recreation, places to walk, places to have a picnic, just to enjoy the vista. It is a way of trying to keep some of the quality of life that we've all enjoyed in Rueensbury when it has been a more rural area. Actually with what the developers are getting for land in this Town today we don't feel that this is any burden on them because the price of their lots have gone up because of supply r+ and demand. So I don't feel that this is any burden on the developers and I think it is a needed �! service to the people of this Town and I don't think acquiring the land can really be put all of it in a general tax base. I think you do know as the land is sold some of the property that it owns alot of that money is also gone into capital funds for recreation and that is where we got some of the money to do Gurney Lane. The developing of that had all been done on �! money that had been saved previously from land that we had sold and various things of that. So this is really just a way of trying to get the funds to preserve some of the qualities of life that we've had here in Rueensbury. is is MR. TUCKER-Well we have a balance of $350,000.00.... r COUNCILMAN MONAHAN-But $350,000.00, what may seem large to you and I is really a drop in the bucket when you start to do things in recreation in a capital fund manner. I'm talking about like putting in the pool at Gurney Lane, doing various softball fields, things tike that. All of this takes a great deal of money and the demand is there right now. COUNCILMAN KUROSAKA-Hovey Pond is going to cost us. i l COUNCILMAN MONAHAN-Hovey Pond is going to cost, minimum, probably what $150,000.00 will be the absolute minimum, to keep that a green space in the center of Town in a commercial , area and again that is also a very historic area that ought to be preserved for the citizens of this Town. There is also the reasons because the closeness of streams and so on and so forth. MR. TUCKER-Your figure of $150,000.00 is double what we were told a year ago. 1 COUNCILMAN MONAHAN-I don't ever recall for the whole complete project of hearing a price that was under a $150,000.00, not for the whole complete project from start to finish. We might have said a phase one, but not for the whole, between the dredging and the filling. SUPERVISOR BORGOS-I believe the original price was around $300,000.00 and we felt we I could save at least a hundred thousand by bringing in our own fill. i COUNCILMAN MONAHAN-I can remember when I first got on this Board when the soil and conservation gave us a figure for that and it was alot higher than that to transfer that into �, ,i park in that area. i _ MR. TUCKER-This is an agency of New York State? a �_'OUNCILMAN MONAHAN-Yes. MR. TUCKER-Take that for what it is worth... SUPERVISOR BORGOS-We're trying to do it less expensively. MR. TUCKER-Sometimes a good deed turns into a two headed monster. I've seen it happen here in the Town of Rueensbury. A Board sat here at one time and thought we needed a police department and it turned into a two headed monster and I'm speaking from personal experience. It isn't heresay. What bothers me, and I'm just taking this as an instance, we acquire some land over here in Hiland Park. I know everybody thinks, love the neighbor, love the brother and everything else, but when these people start buying houses over there and start living, I don't think they're going to want other people from other parts of the Town.. SUPERVISOR BORGOS-That is too bad, isn't it? That has already been said. 1 COUNCILMAN MONAHAN-They don't have a choice. Mr. Bowen of Hiland Corporation donated that land to the Town in lieu of paying recreation fees. That is a good fishing stream, that is an area that is left more or less wild, the way it has always been. It will recover a little clean up of under brush but it is really a place that we can leave an area of unspoiled the Rueensbury was. As I said it will be a good fishing stream, Hiland Corporation has also given the Town two areas where parking could be and the people that live in Hiland Park are not going to have,any choice. That is the Town's land and it belongs to the Town, the people of the Town of Rueensbury. MR. TUCKER-And anybody can use it? COUNCILMAN MONAHAN-That is correct. Any of this land that this capital money goes into has got to be land that everyone can use. COUNCILMAN MONTESI-It is quite a unique parcel down there, Pliney, because as you are standing on Haviland Road looking south, what you see is the golf course in front of you. We are at the southern end of the golf course and we have seventy acres of land. Most of I the land is on the other side of the,stream. If you can imagine when you get to the steam, most of the seventy acres is south of the stream of Halfway Brook. MR. TUCKER-Is it seventy acres of usable land or do we got to put slot of money into it? COUNCILMAN MONTESI-Oh no we don't have to do anything to it because ... f COUNCILMAN MONAHAN-Strictly for clean up and trails. COUNCILMAN MONTESI-What we planned to do working with some of the Environmental 1 ' groups and the boy scouts fs, probably at the very maximum, building some walking decks, so you can cross the stream at certain points. There is alot of wetland in there but there are some high ground south of it that abuts Butternut. What we are looking at is a parking lot for eight or nine cars at each end. One at Haviland and one at Meadow Brook Road. The State of New York has maintained the fishing rights. They keep 33 feet, I think it is called i a fishing easement and they're stocking the brook for us. Look at it pretty much as a passive recreational area that is just going to be kept wild. We'd like to get ACC in there and their group of classes, biology classes, zoology, botany classes to do some identifying some of the plants and animals if you will. But basically that is going to be used by the Town as a passive recreational just to be kept in its natural state, so that nothing happens to the Halfway Brook as it goes through there. Interesting enough there is another forty acres that are up in the air but that parcel that Earltown has talked about, if that ever comes a reality. There really is not too many houses when you talk. That happens to be an unique one, they gave us seventy acres and there isn't anything around it except the bottom part of the golf course. COUNCILMAN MONAHAN-Which will be fenced. Hiland Corporation is fencing the land that they are keeping so you won't be walking from that area into Hiland. COUNCILMAN MONTESI-You can see the fence down by the green as you drive on Haviland Road. That fence is two ways, to protect their golf course and its also to protect people that are walking to the fishing rights. I' r MR. TUCKER-Another thing that bothered me, I would just like you to refresh my mind on it, what bothers me about this fund is it going to be divided equally among the wards? SUPERVISOR BORGOS-You've asked that before. That was never anyones intention because we don't know exactly what is going to appear where. I can tell you that money has been spent in different places already and my guess is it will continue to be spent and my guess is that ward 4 will end up being the big winner at some point. I think ultimately you will t see that ward 4 will get more than its share. But nobody knows exactly precisely when and ` where that money will be spent at this moment. MR. TUCKER-I'm not interested in more than our share, just our share. I don't want to take E it away from somebody else. j COUNCILMAN MONAHAN-I think it has been the concept of all our recreation commissions for years and for the Town Board for years that the type of recreation we want to see in this Town is what we call, neighborhood center. Where people don't have to get in cars, drive 4 Jf I j them,necessarily,-people can bike to them.- You know we are not looking for just one or two big areas, we are looking,for recreation to be placed around this Town in good areas. ! All of them not to be duplicates of each other. You know everything doesn't have to have a swimming pool or a basketball court. There will be different kinds of facilities and hopefully before we get done there will be facilities to suit the needs of everybody in this Town or practically everybody. It is going to be over a long period of time before it all comes to fruition and we do have a recreation master plan right now but I do think that in the budget this year we've also got money to hire another consultant to come in, look at the recreation needs j in this Town as a result of the growth pattern that has been here the last five years, which has changed the picture a great deal. j COUNCILMAN.POTENZA-One of the communities in Saratoga Springs called Geyser Crest 's a very overly developed section of Saratoga. There are several-homes in this particular �Irea. On every three of four corners there is a small, maybe acre playground that consists �f a couple of swings, teeter-totter and a slide, and basically it is a hangout for kids. I've ` never been down there that I saw the children of that age using them, I see more the older teenagers, just a place to go, get out of the house and meet there buds. I don't want to see �! :)hat in Rueensbury. I think I'll opt for something else. I'll opt for nothing if it were my decision to have those. , However I do see pictures of several Gurney Lanes, several acres of land in this Town where we can perhaps get away, not necessarily from each other... I support this resolution for that reason because when you're talking many acres;you're talking more dollars. In order to do that,we have the option of raising these fees. Indirectly what this also does is slow the growth down in the Town and you and I have heard this how many, many times that this is what the citizens of the community want. This is-just another avenue to do that. COUNCILMAN KUROSAKA-Remember the last time we passed the original $250.00. Every blasted developer in Town was in here objecting. COUNCILMAN POTENZA-Now we have only one blasted developer... MR. TUCKER-I'm not objecting, I just want some answers. We've talked about this in public and private. I'm not a developer, I'm a builder. COUNCILMAN KUROSAkA-I'm just telling you like it was last time. We had every developer in Town here objecting to $250.00. Some of them objected just for the dollar value, some objected on principal. Now we are just raising it back up to where it should be. 1 'OUNCILMAN MONTESI-Tonight is a good night to ask questions because Harry Hansen in the back. I had a brief comment to make to the Board about Harry's budget. We have orr►ewhere between two hundred fifty and three hundred thousand dollars scheduled in Harry's j budget for this year for capital expenditures. He listed them to the Recreation Commission. Some of them are as small as paving the basketball court at South Queensbury, he has a figure in there. Whether it is a realistic figure or not, I think it is somewhere between eighteen and twenty thousand dollars, lighting, paving whatever it is. Tonight what I wanted the Town Board to know is that the Recreation Commission at their next meeting, they are going to take the list that Harry has worked on and put it in priorities. Which one do we want to spend where. Bring that back to the Town Board and ask for their approval so that if we're going to spend a hundred fifty thousand on Hovey Pond on the first four phases of it, then that is the kind of money that they're earmarking for that and the engineering for that and will work towards that. But that will all be done within the next month so that Harry can have a direction to go and open up the Spring with some of these projects and have the work ready for bid. That is the way we plan to do it. So the money for these things isn't coming out of the current budget but it is all coming out of that capital fund. I'm working on a figure that Steve gave me that presently there is three hundred to three hundred fifty thousand in there and that is what the Recreation Commission is going to use in budgeting. About seventy thousand of that I believe has been earmarked for the lights that we are paying for at the tlueensbury High School Complex there, the tennis courts, the basketball courts and part of that softball field that we use for ice skating. That is going to bid within the next two to three weeks. f �o that is part of that three hundred fifty thousand that we earmarked for. ill. TUCKER-In other words this fund is for buying land, making improvements... LJFERVISOR BORGOS-Land acquisition and capital improvements. nUNCIL - i MAN MONAHAN It can be for running or managements, no operation or maintenance or anything like that. MR. TUCKER-Steve mentioned some money to the Hockey rink down here behind Crandall Park. SUPERVISOR BORGOS-That was a propnsal that I had made, that would not have come out of that fund but that would rather been an operating budget item. That was not passed as i L----- - - -- ---------_ part of the budget for next year. COUNCILMAN MONTESI-Mrs. Monahan made reference to that new master plan, what is happening is that developments come along, specifically along Peggy Ann Road, West Glens Falls or West Rueensbury area, the developers are coming and assuming that they.just have ! to pay the fee. There may be a point after we get this new master plan done this year that we don't want the money, we want to take a chunk of land, maybe along Peggy Ann Road specifically because that is going to be enough density to justify us ten or fifteen acres for a mini park. That is part of this, tying in too, makes some sense that we are doing that master plan and we'll be able to tell a subdivider when he comes in, we don't want your money, we want x amount of land in this subdivision. MR. TUCKER-I know the answer but just to make it part of the record. Someone like West Mountain, they are planning tennis courts, and trails and everything. Whatever they do, as far as their development is concerned, I mean part of their development, doesn't have anything to do... SUPERVISOR BORGOS-That is correct. There would have to be a proposal to the Planning } Board, to the Town Board, the Town Board finally to either a money or ✓ I of, totally separate from what is part of their project. pay y give land in lieu COUNCILMAN MONTESI-Some of those big developments like to think that open space, giving land a golf course, a ski slopes, constitutes to giving the land. I don't think this Board is of that opinion. Somebody that puts a big development, says well all of this open space is recreation space, its called a golf course. We say, well it is if you give it free to all of the Town's people. MR. TUCKER-If you give it to the Town not free to the people, but give it to the Town. SUPERVISOR BORGOS-Let me just indicate as just a parting shot, that I was probably the most vocal opponent of this two hundred fifty dollar fee initially because I was trying to keep the price of housing down, with the thought that the two hundred fifty dollar fee would just be added on to everyone's cost of building a house. I guess I was wrong. I guess I was wrong f because even with the two hundred fifty dollar fee, land values kept going up and up and up. The developer put the road in, met all of the expenses and had a profit of, lets say fifteen ! thousand dollars a lot, the next week it went to twenty thousand a lot, it went to twenty-five thousand, thirty thousand, and our two hundred fifty dollar fee was nothing. So it was not an impediment to people buying homes or to developers. MR. TUCKER-I personally see the two hundred fifty dollars turn to a thousand. COUNCILMAN MONAHAN-Thank you Pliney, thank you. SUPERVISOR BORGOS-I could support the move now to five hundred because I don't believe history has proven that I was wrong, I don't believe it proved that I was right. COUNCILMAN KUROSAKA-I was wrong too. w l SUPERVISOR BORGOS-Anyone else wishes to speak about this subject, if not we will declare that hearing closed. CLOSE PUBLIC HEARING 8:10 P.M. RESOLUTION ADOPTING NEGATIVE DECLARATION FOR PROPOSED LOCAL LAW RESOLUTION NO. 519, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. i WHEREAS, the Town Board of the Town of Rueensbury is presently considering the adoption of Local Law No. 8 titled " A Local Law .` � Amending f oc al Law N For T g o. 6, 1986 and Providing The Re servation of R + ecreati on Areas or Money in-Lieu thereof as a Condition Precedent j to Site Plan Approval," and WHEREAS, Lee York, Senior Planner, has prepared an environmental assessment form on the proposed Local Law, and _ { WHEREAS, the Town Board of the Town of Queensbury has considered the environmental assessment form for the enactment of this Local Law and determines that the Local Law shall have no significant environmental effects, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rueensbury hereby adopts the annexed negative 4 C I i yka- ` e 1 - declaration, authorizes the Town Supervisor to sign such determination, and ` BE IT FURTHER RESOLVED, the copies of the negative declaration be filed with such governmental agencies as may be required by law. Duly adopted by the following vote: { Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None C � ;Absent: None' j RESOLUTION ENACTING LOCAL LAW NUMBER 8 OF 1988 RESOLUTION NO. 520, Introduced by Marilyn Potenza who moved for its adoption, seconded f by Betty Monahan. WHEREAS, on November 10, 1988, the Town Board of the Town of Queensbury adopted a resolution to set a public hearing on a proposed local law titled, "A Local Law Amending Local Law No. 6, 4986 And Providing For The Reservation of Recreation Areas or Money in Lieu Thereof as a Condition Precedent to Site Flan Approval," and WHEREAS, Lee York, Senior Planner,f , pre prepared an environmental assessment form with respect to the proposed action and Vie Town Board has considered the same and determines that the I' proposed local law will not have a significant effect on the environment, and i WHEREAS, on November 29, 1988. a public hearing on the proposed, amended Local Law was duly conducted, and WHEREAS, a draft of said Local Law is presented at this meeting, NOW, THEREFORE BE IT i { RESOLVED, that the Town Board of the Town of Queensbury hereby enacts Local Law Number, � q of 1988, a copy of the same being presented at this meeting, and 3E IT FURTHER l I RESOLVED, that the Town Clerk is hereby directed to file the said local law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule. Law. 1 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None LOCAL LAW NUMBER 8, 1988 A LOCAL LAW AMENDING LOCAL LAW NO. 6, 1986 AND PROVIDING FOR THE RESERVATION OF RECREATION AREAS OR MONEY IN LIEU THEREOF AS A CONDITION PRECEDENT TO SITE PLAN APPROVAL r .. BE IT ENACTED AS FOLLOWS: - SECTION 1. Legislative Intent. It is the purpose of this Local Law to amend Local Law 4o. 6 1986 to amend the provision concerning the amount to be required as a recreation 0e in lieu of land. The purpose of this legislation is to* require developers of multiple family elling units to reserve recreation areas or money in lieu thereof as a condition precedent to site plan approval in order to provide the people of the Town of Queensbury with certain planned neighborhood recreational areas, and to preserve open space for that time when the Town may be largely developed. The term multiple family dwelling shall have the definition set forth in Section 2.020 (a) (73) of the Town of Queensbury Zoning Ordinance. The term recreational areas for purposes of this local law shall have the same definition as 'open space recreation use" set forth in Section 2.020 (a) (79) of the Town of Queensbury j i Zoning Ordinance except that it shall also include land used for conservation purposes. The - Iist provided for in Section 2.020 (a) (79) is not exclusive and other similar uses shall be permitted F at the Planning Board's discretion. SECTION 2. Authority. This local law is enacted pursuant to the provisions of Section 10 of the Municipal Home Rule Law of the State of New York. SECTION 3. The developer of a multiple family dwelling unit, hereinafter referred to as developer, proposing land dedication shall file with the Planning Board a site plan detailing the sites for the development of a park, playground or other recreational facility. Recreation space shall be provided by the developer on the basis of at least 1000 sq. feet per lot, but in no case shall the amount be more than 10% of the total area of development. Such area or areas may be dedicated to the Town by the developer if the Town Board approves such dedication. All lands designated on the site plan as park, playground, or other recreation area not in Town ownership shall be subject to such conditions as the Planning Board may establish such as hours of operation, access to the general public, use and maintenance of such lands as deemed necessary to assure the preservation of such land for their intended ' purposes. Such conditions shall be shown on the site plan prior to site plan approval and recording. The Planning Board shall consider the following in determining the suitability of the reserved land for recreational purposes: 1. The size and shape of the reserved land. j 2. Whether the land is usable land,which for purposes of these regulations shall be taken j to mean land that is relatively level and dry. }_ 3. The location of the reserved land, i.e.. whether the land is: a a. located in an area which is heavily populated, b. near other recreation areas, c, near other recreation areas providing the same type of recreation, T d. in a location which will provide a safe and accessible recreation area for Town residents. SECTION 4. When requested by the developer, or in cases where the Planning Board finds that due to the size, shape, topography, or location of the development, land for park, playground or other recreation purpose cannot be properly located therein, the Board may waive the requirement that the site plan show land for such purposes. The Board shall then require as condition of approval of the site plan a payment of recreation fees in lieu of land, in an amount equal to $500.00* par dwelling unit. Such amount shall be paid to the Town Board at the time of final site plan approval and not site plan shall be approved by the authorized officer of the Planning Board until such payment is made. Such payments shall be held in a special fund for acquisition and development of recreation land. All money in this fund is to be used only for: I. The purchase of land that is suitable for new or enlarged parks, playgrounds or open spaces and located so as to serve the inhabitants of the Town's residential neighborhoods, and 2. The improvement of new or existing park, playground and open space lands which serve the Town's residential neighborhoods. i In any case, the Planning Board shall be satisfied that required recreation land will be maintained and will not be used for other than recreational purposes. i ?; SECTION 5. Nothing in this section will be construed as prohibiting a developer from reserving other land for recreation purposes in addition to the requirements of this section. SECTION 6. The Planning Board shall not at any time,authorize the waiver of both the land dedication and fee in lieu thereof requirements. SECTION 7. This Local Law to the extent it is inconsistent with Local Law No. 6, 1986, repeals Local Law No. 6, 1986.* NOVEMBER 1988* *MODIFICATION MADE BY THIS LOCAL LAW OPEN FORUM - 8:12 P.M. i BARBARA-BENNETT, 83 Dixon Ave-Do not agree with the sitting Board raising their own salaries. Would like to make a proposal that a resolution or a law be passed that any sitting Board who raises and approves salaries shall make them effective with the next elected Town Board. SUPERVISOR BORGOS-We recognize that it is an uncomfortable position to be in. Would like to see a Citizen's Advisory Board that would make recommendations to the Town Board what certain salaries should be. Would like to note for the record that I think the Supervisor's salary will still be very low in the new budget if you look at comparable situations and responsibilities in this community, even tax supported comparable situations. I don't think you will find anyone as nearly as low as the pay for this office. Noted that we do have a thirteen and half million ollar budget that we administer and one hundred and thirty-five or so full time employees. My feelings are that the Town Board is also underpaid for their work. Willing o do g the research `-- f there is such a way by resolution or law. COUNCILMAN KUROSAKA-Concerned that there would be a very big jump every two years. ',,�3upport the idea of an Advisory Committee. COUNCILMAN POTENZA-Agree that it is a very difficult position to be in. I'm committed ' to this job, but will note that for the time, effort, the demands that are put on me and responsibilities involving this job, it is an underpaid job. , i l MR. TUCKER-Questioned if all four Board members are elected at the same time. SUPERVISOR BORGOS-Yes, under the new system, the ward system. MR. TUCKER-Do not agree with leaving it to an Advisory Committee, should be the Board's responsibility but do it at election time. JOHN BEAUDETTE, Queensbury-Chairman of the Board, Dunham's Bay Fish ac Game Club. Noted discrepancy in zoning, split zoning, part of it Rural Residential five acres and the other part is Land Conservation ten acres. SUPERVISOR BORGOS-Is it all on one parcel of land? MR. BEAUDETTE-Yes. 4 ;t,EE YORK, Senior Planner-Noted that this property is in the Adirondack Park Agency,g Y, we '%--did not mess with any lines up there. This is the way it was zoned since the last zoning effort. Their request is that the Rural Residential-be removed off their property and their property be zoned Land Conservation ten acres. Noted they submitted letter to the Advisory Committee, and that it is in the comments and responses indicating that they are extremely-concerned about development pressure in that area. These people are asking for a rezoning to a less intense use, with alot of good reasons for it. SUPERVISOR BORGOS-Noted that there has been eight or ten requests for rezoning in the Town. Attorney will be discussing with us later on in the meeting a form that we think we might want to use to handle all these requests, and get in some orderly fashion. i COUNCILMAN MONAHAN-Would like to suggest that some of these simple ones, with out much controversy, take those first and get out of the way. I can see nothing in this one to { be controversial. MRS. YORK-Noted that we will still have to go through the SEQRA requirements and through the Park Agency requirements. Would provide change of zoning form to Mr. Beaudette as j soon as possible. �`1,INEY TUCKER-Why is ENCON suing the Town in regards to Earltown? COUNSEL DUSEK-ENCON has commenced a lawsuit ledging in their papers that the Environmental - Review that this Board did was not sufficient. That is where their-clause of action is coming L from. MR. TUCKER-You as a Board and you as Town Attorney do you feel you did things right? SUPERVISOR BORGOS-As far as I'm concerned we have. COUNSEL DUSEK-Yes, definitely. I think the Board followed absolutely all of the procedures that they had to follow, considered all comments that were made including those raised by the Department of Conservation. I think ultimately this will be born out as a result of the litigation. I think we have to keep in mind that anybody in this State, in this Country can i j I j stifft a law suit at any time. This is a disagreement of positions, the court will decide the 'issue and make a ruling. I feel that the court based upon my knowledge of this particular I case will decide in our favor. i MR. TUCKER-Why don't we counter suit to recover our expenses? COUNSEL DUSEK-This particular kind of law suit there isn't really a claim that you can counter with. Your not entitled to recover legal costs for instance against the law suit raised by New York Department of Environmental Conservation. That is about the only cost that we'll be facing. Obviously there is time consuming costs, expert costs have got to be paid for but there isn't really a mechanism in place to recover that. I am looking at an aspect where the Town Could be assisted financially in connection with this law suit, but it is premature . so I'd rather not discuss this at this time. COUNCILMAN MONAHAN-Would like to encourage everyone to attend the Open House at the Chapman Museum. Noted the new sweatshirt being sold at Seri-Graphics, Queensbury Nice Place To Live. SUPERVISOR BORGOS-Confirm the Public Informational Meeting on North Queensbury Sewer at 7:00 P.M. on Wednesday, December 7th, at the Queensbury Center. CLOSE OPEN FORUM 8:08 P.M. i RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 521, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the minutes of the Queensbury Town Board of September 19, October 11, I! and November 18, 1988 are hereby approved. I' Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None I Absent: None RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 522, Introduced by Betty Monahan who moved for its adoption,seconded by George Kurosaka. WHEREAS, Mr. George Stec, a member of the Queensbury Citizens Advisory Committee on Environmental Issues has submitted his resignation from said committee, NOW, THEREFORE BE IT RESOLVED, to accept Mr. Stec's resignation from the Citizens Advisory Committee on Environmental j Issues, effective November 15, 1988, with regret and sincere appreciation for the time and commitment invested by Mr. Stec. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION SUBSTITUTING LETTER OF CREDIT FOR CASH DEPOSIT FOR ROADS IN QUEEN VICTORIA'S GRANT SUBDMSION RESOLUTION NO. 523, Introduced by George Kurosaka who moved for its adoption, seconded I by Ronald Montesi. WHEREAS, by resolution no. 329 dated August 9, 1988, the Town Board of the Town of Queensbury accepted for dedication, a road known as Queen Mary Drive in Queen Victoria's Grant, and 1i i 1 d i WHEREAS, said road offered for dedication was complete except for the application of surfacin materials, and Queen Victoria Ventures Ltd., prmised to be set by the Town Highway Superintendent but in no event op complete lete the s m a date to e not late g than two (2) years following the date of said resolution and offered cash in an amount of $32,000.00, in escrow, to cover the costs of completion of said road and another road known as Anne Court, and Queen r WHEREAS, the Subdivision Rules and Regulations adopted Of Rueensbury on October 1, 1988 provide that the Town Board of the Townrof Ruee sbury may accept letters of credit to secure the completion of roads offered for dedication which have not received final blacktop surfacing, and I WHEREAS, the developer, Queen Victoria Ventures, Ltd., has offered to substitute two-year letter of credit for the sum of $32,000.00 presently deposited with the Town of Queensbury, the original of which is submitted at this meeting, and has offered an affidavit agreeing to pave the roads by a certain date, and " WHEREAS, the Town Attorney, Paul B. Dusek, has reviewed said letter of credit and affidavit and has indicated the same meets with his approval, NOW, THEREFORE BE IT j RESOLVED, that the letter of credit offered by the developer for purposes of assuring the Town of Rueensbury that the roads of Queen Mary Drive and Queen Anne Victoria's Grant Subdivision will be'surfaced within the time frames provided, be=ac epted en and that the Town Clerk and other appropriate officers if any, presently in of the sum of $32,000.00 deposited by the developer, return such sum to he devPeloper ossession I' receiving a receipt for the return of said monies, and BE IT FURTHER RESOLVED, that a letter of credit shall be maintained for safekeeping by the Town Clerk of the Town of Rueensbury. Duly adopted by the followiprr vote: Ayes: Mr. Kurosaka, Mrs. Po tenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos j 1 `foes: None Absent: None RESOLUTION TO AUTHORIZE TOWN SUPERVISOR TO EXECUTE PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT AGREEMENT i RESOLUTION NO. 524, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the sanitary sewer system of the Pershing-Ashley-Coolidge Sewer District within the Town of Rueensbury is connected to the sanitary sewer system of the City of Glens Falls for the purpose of treatment and disposal of sewage waste generated within the Pershing-Ashley-Coolidge Sewer District, and i WHEREAS, the City of Glens Falls through the Board of Water and Sewer Commissioners and the Town Board of the Town of Rueensbury, acting for and on behalf of the Pershing-Ashley-Coolidge j Sewer District, have herein before entered into a contractual agreement for the service provided by the City of Glens Falls in treating and disposing of the sewage waste generated by the Pershing-Ashley-Coolidge Sewer District, and �., IIEREAS, the last agreement between the Board of Water and Sewer Commissioners on behalf of the City f Glens Y Falls and the Town Board of the Town of Rueensbury, acting for - nd on behalf of the Pershing-Ashley-Coolidge Sewer District has expired, and tHEREAS, a new proposed three (3) year contract agreement has been negotiated between ' e City of Glens Falls and the Town Board of the Town of Rueensbury, which proposed agreement has been presented at this meeting, and 1 Ft WHEREAS, a review of said agreement discloses that the proposed agreement is fair and equitable in all respects and that it is in the best interest of the Pershing-Ashley-Coolidge Sewer District to enter into the proposed written agreement with the City of Glens Falls, t NOW, THEREFORE BE IT i I N RESOLVED, that the Town Board of the Town of Rueensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, approve on behalf of the said sewer district the proposed contract presented at this meeting in the present form thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Rueensbury be authorized and directed on behalf of said sewer district to execute said agreement and that the sewer district be bound by the terms and conditions of the agreement upon the execution thereof by the Town Supervisor. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COUNCILMAN MONAHAN-(Referred to previous resolution, resolution no. 523)Questioned the procedures for filing, on these roads that have to be completed by a certain date, who is keeping track of that? PAUL NAYLOR, Highway Superintendent-We keep a file of these. COUNSEL DUSEK-I also have a file set up which trigger these legally. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 525, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, purchases need to be made by different departments and WHEREAS, funds do not exist in the appropriate accounts, NOW, THEREFORE BE IT RESOLVED, to transfer the following: FROM TO 838.00 A2057310440 Recr, Misc. Cont A2057310201 Recr Off. Eqp 300.00 A2057310440 Recr, Misc. Cont A2057310422 Recr, traing 1200.00 A2057310100 Recr, Payroll A2057310134 Recr, Specs 1000.00 A2057310140 Recr, Laborer A A2057310168 Reer, Leaders 4000.00 A2057310440 Recr, Misc. Cont A2057310207 Recr, Park Eqp 800.00 A2158010471 B&C, Eng. Services A2158010205 B&C, radios 4000.00 A2158010182 Dir. of Codes A2158010106 B&C, Clerk 2500.00 A0451220171 Admin Asst A2258020412 Plann., Prting 400.00 A3255010409 Supt Hwy, Conf A3255010201 Hwy Supt, Off. Eqp 4500.00 D1655130442 Hwy, other dept. D1655130440 Hwy Mach., Misc Cont 550.00 A3655132440 liwy Garg.,Misc Cont A3655132200 Hwy Garg., gen., eqp. 3587.00 W12758320153 Water, Bldg Maint W12758320406 Water, serv. cont 5177.00 W1275832,0.1.531 Water, Bldg Maint W12758320424 Water, repr parts Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING INSTALLATION AND INTERCONNECTION OF STAND-BY GENERATOR RESOLUTION NO. 526, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, the expansion of the Meadowbrook Road Pumping Station in accordance with i i `l 11 i ( Change Order'No. 1 for Contract No. 4 required a doubling of the Station's capacity in the upsizing of, among other items, the stand-by generator, and i WHEREAS, in order to interconnect the Station's automatic transfer switch and the new generator, it was necessary to pour a concrete pad, install electrical conduits, and pull conductors, and WHEREAS, Rich Electric Contracting Corp., was directed to perform the necessary work and has submitted an invoice and voucher requesting payment, and I WHEREAS, Quentin T. Kest±?cr, R.E., Project Fngineer, approved the voucher and billing j for payment, i iNOW, THEREFORE BE IT RESOLVED, that the Town %ard of the Town of Queensbury hereby authorizes the payment of the voucher and invoice submitted by Rich Electric Contracting, Inc., in the amount of $4,700.00, payment to be paid from the Capital Construction Fund for the Central Rueensbury Sewer District, and BE IT FUR'T'HER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to process the billing for payment and make all other arrangements necessary to pay the said invoice and voucher. Duly adopted by the following vote: i Ayes: Mr. Kurosaka, Mfrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent: None i RESOLUTION TO ADVERTISE FOR BIDS REGARDING TRANSPORTATION OF THE ELDERLY (' IN THE TOWN OF QUEENSBURY RESOLUTION NO. 527, Introduced by Marilyn Potenza who moved for its adoption, seconded George Kurosaka. HF.REAS, the Town Board of the Town of Rueensbury wishes to advertise for bids for transportation for the elderly in the Town of Rueensbury, and WHEREAS, specifications for transportation for the elderly in the Town of Rueensbury have been presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town of Rueensbury solicit sealed bids for transportation for the elderly in the Town of Rueensbury and that the following notice be published in the official newspaper for the Town of Rueensbury in the following form: NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WILL RECEIVE SEALED BIDS FROM PERSONS WISHING TO PROVIDE TRANSPORTATION FOR THE ELDERLY IN THE TOWN OF QUEENSBURY. A COMPLETE COPY OF SPECIFICATIONS WILL BE AVAILABLE IN THE OFFICE OF THE TOWN CLERK. i BIDS WILL BE RECEIVED UP UNTIL 2:00 P.M., ON THE 20th DAY OF DECEMBER, 1988, AT THE TOWN CLERK'S OFFICE IN THE TOWN OFFICE BUILDING FOR THE �—' TOWN OF QUEENSBURY, BAY AT HAVILAND ROAD, QUEENSBURY, NEW YORK 12804. AT 2:05 P.M., THE BIDS WILL BE OPENED AND READ ALOUD BY THE TOWN CLERK. BIDS MUST BE DELIVERED IN SEALED, OPAQUE ENVELOPES MARKED "TRANSPORTATION tiFOR THE ELDERLY BID" AND THERE SHALL BE INCLUDED WITH SUCH BID THE CERTIFICATION OF NON-COLLUSION AS REQUIRED BY SECTION 103D OF THE GENERAL MUNICIPAL LAW. THE TOWN BOARD WILL MEET AT THE MEETING ROOM, TOWN OFFICE BUILDING, BAY AT HAVILAND ROAD, QUEENSBURY, WARREN COUNTY, NEW YORK, AT 7:30 P.M., ON THE 27th DAY OF DECEMBER, 1988, AT WHICH TIME THE BIDS WILL BE REVIEWED AND THE DECTSTON MADE AS TO THE AWARDING OF THE BID. THE TOWN BOARD RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. s Duly adopted by the following vote: ii i Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION OF TOWN BOARD ORDERING PUBLIC HEARING ON RESERVOIR PARK SEWER DISTRICT REPAIR RESOLUTION NO. 528, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Reservoir Park Sewer District was experiencing septic system failure earlier this year that affected the entire district, and WHEREAS, the Town Board of the Town of Rueensbury by resolution no. 394 found that the said septic system failure was an emergency situation, that immediate action was necessary •..•/ to repair the system, and that it was necessary to retain the services of W.W. Maille to engage in a repair of the Reservoir Park Sewer System such that the expulsion of raw sewage upon the surface of the ground was eliminated and to generally repair the system so that it was properly functioning, and I . WHEREAS, the sewer system has been repaired and that the cost of repair is $25,360.00 and a bill for services rendered has been presented for payment, a copy of the same being presented at this meeting, and WHEREAS, the expense occasioned by the said repair to the Reservoir Park Sewer District is to be assessed, levied, and collected from the several lots and parcels of land within the said district and proportioned a pearl may be to the benefit which c r P each lot o parcel of P Y Y P land in said district will derive therefrom, NOW, THEREFORE, IT 18 ORDERED, that a meeting of the Town Board of the Town of Rueensbury be held in the meeting room of the Town Office Building, Bay at Haviland Road, Rueensbury, Warren County, New York, on the 1.3th day of December, 1988, to consider the payment request and to hear all persons interested in the subject thereof concerning the same and for such other action on i the part of the Town Board with relation to such bill for services as may be required by law, and IT IS FURTHER ORDERED, that the Town Clerk give notice of such hearing by publishing in the Post-Star Newspaper a certified copy of this order and by posting a certified copy of this order on the sign board of the Town, maintained pursuant to Subdivision 6 of §30 of the Town Law, not less than ten (10) nor more than twenty (20) days before such hearing. i Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO CHANGE MEETING DATE RESOLUTION NO. 529, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, the meeting date of December 13th, 1988 has been changed from 7:30 P.M. to 4:00 P.M. ( Duly adopted by the following vote: i Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None i i f i L __ t y 73 j ' J COUNCILMAN MONTESI-Referring to Hovey Pond, for phases, for planning purposes-Rist-Frost made a suggestion that we budget 13,000 through task number 6. (Referred to letter from i Rist-Frost) Would like to make a request to the Board to amend Resolution Number 465 to read a figure of $13,000.00 not to exceed, instead of previous ceiling of $10,000.00. COUNCILMAN MONAHAN-Would like to stress to Rist-Frost the historical significance of i Hovey Pond. RESOLUTION TO AMEND RESOLUTION NUMBER 465 OF 1988 i RESOLUTION NO. 530, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, Rist-Frost by communication to the Town Board has noted that the work to be done at Hovey Pond by Rist-Frost will not exceed $13,000.00, NOW, THEREFORE BE IT I , RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution Number 465 of 1988 to reflect the change in ceiling from $10,000.00 to not to exceed $13,000.00. '' Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs.'Potenza, Mr. Montesi, Mrs. Monahan Mr. B orgos Noes: None I Absent: None COUNSEL DUSEK-Presented to the Board the Zoning Change Form. Noted that it provides some minimal information to the Town Board such as name, addresses, tax map numbers, property area size, what the existing uses are, what the adjacent uses are, such as State, County uses or whatever else, other owners uses are, and if it is effecting a particular zoning, part of the zoning ordinance, and add what other statements they want to add in support of the application. Would like to recommend this format to the Board. The applicant can fill it out and the matter then could come on to the Board and then fowarded at that point j down to the Planning Department and to the Planning Board for an advisory opinion. MRS. YORK-Do they legally have to present this, the rezoning to the Planning Board? COUNSEL DUSEK-Yes, the Planning Board does have to be legally involved in the process. i MRS. YORK-Noted that she, for the Planning Board in situations like this, prepares written comments, and discuss all the environmental issues on the property, all accumulative impacts and the features of the property to them. Can also present that to the Town Board as well. i COUNCILMAN POTENZA-Would like to see that to help us in making the right decision. COUNSEL DUSEK-Noted that the Town Board is the only ones that can act on this and therefore it must start with the Town Board. I think the application should first come to the Town Board and then the Town Board in turn forward them down to the Planning Department and the Planning Board. COUNCILMAN KUROSAKA-They should come back at that point with Lee's comments. MRS. YORK-I would like to see some kind of language drafted up that says the Town Board is requesting a recommendation and a report, I will attach my comments and they can give you that back, if that is what you choose. i ` UPERVISOR BORGOS-If we put some of our own recommendations on this and give it to Paul to come up with a final form. UCOUNCILMAN MONAHAN-Welcomed the new Assistant Planner, John Goralski. COMMUNICATIONS BID OPENING - HIGHWAY 4x4 Dump Truck T&T body King Inc. 409-411 Old Niskayuna Road a i I, f �O'A i 1 Latham, New York 12110 1986 F350 4x4 $30,000.00 G l Letter on file from Highway 'Dept. recommending bid RESOLUTION TO ACCEPT BID RESOLUTION NO. 531, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Town Board of the Town of Rueensbury, Warren County, New York, duly advertised for bids for one (1) 1986 or newer 4x4 dump, plow, wing, dual wheel truck with less than 2,000 - miles, and WHEREAS, the firm of TacT Body King, Inc., of 409-411 Old Niskayuna Road, Latham, New York, was low bidder with a bid of $30,000.00 for furnishing of said truck, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rueensbury, Warren County, New York, hereby awards the contract for one (1) 1986 or newer 4x4 Dump, plow, wing, dual wheel truck with less than 2,000 miles to T&T Body King, Inc., with the understanding that the truck will be equipped as specified and assembled and delivered within thirty (30) days as one complete unit ready for immediate use upon delivery. i Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None I ' Absent: None i COUNCILMAN MONAHAN-Referred to the corner at Ridge and Sunnyside. I asked Bay Ridge to get me some statistics, would like to read to the Board. Noted that the State put in a brand new light but is stilling using as a Fire light. In 1983, two calls, three patients; 1984, one call, one patient; 1985, three calls, four.patients, 1986, one call, three patients; 1987, no calls, no patients; 1988, two calls, seven patients, one fatality. In 1981, there was one accident, two people killed and five people injured. Noted a letter that she had received 1 from a women in Fort Edward whom her daughter had totaled her car at that corner, supporting the move to activate a stop and go light, and the frustration she has had trying to get this ll done. Would like to have a Resolution supporting this light being immediately activated. RESOLUTION TO ACTIVATE TRAFFIC SIGNAL AT THE INTERSECTION OF RIDGE ROAD 1 AND SUNNYSIDE ROAD RESOLUTION NO. 532, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, there is a traffic light at the intersection of Sunnyside and Ridge Road in the Town of Rueensbury which is not fully activated to use all three (3) colors and direct traffic J to stop, proceed, or slow down at the said intersection, and WHEREAS, there have been a number of automobile accidents with fatalities at the aforesaid intersection over the years, and WHEREAS, the Town Board of the Town of Rueensbury is greatly concerned over the absence of a fully functioning traffic light at the aforesaid intersection, and WHEREAS, citizens of the area have also expressed great concern and a desire to have a fully functioning traffic signal at the aforesaid intersection, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rueensbury hereby requests that the aforesaid traffic signal be fully activated as soon as possible, especially in light of the number of accidents: . ., and concerns of area residents, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Rueensbury hereby authorized and directed to mail a copy of this resolution to the following agencies: New York State Department of Transportation, Warren County Department of Public Works, and Region 1 - Kelly. l i t.(q� Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ACTIVATE TRAFFIC SIGNAL AT THE INTERSECTION OF CLEVERDALE ROAD AND ROUTE 9L i RESOLUTION,NO. 533, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, there is a traffic light at the intersection of Cleverdale Road and Route 9L in M the Town of Rueensbury which is only full activated to use all three 3 Y O colors and direct traffic to stop, proceed, or slow down, when emergency vehicles enter or exit the North Rueensbury Fire and Emergency Stations, and i WHEREAS, the Town Board of the Town of Rueensbury expresses a desire to activate the traffic signal at the aforesaid intersection at all times, NOW, THEREFORE BE IT i RESOLVED, that the Town Board of the Town of Rueensbury hereby requests that the aforesaid traffic signal be fully activated at all times, and BE IT FURTHER i RESOLVED, that the Town Clerk of the Town of Rueensbury is hereby authorized and directed 3 to i mail l a copy of this resolution to the following agencies: Ne w York State Department ent of 1 Transportation, Warren County Department of Public Works, and Region 1 - Kelly. I I Duly adopted by the following vote: y ,Ayes.- Mr, Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None I Absent: None SUPERVISOR BORGOS-Requested that it be sent also to Robert D'Andrea and Ronald Stafford. Petition regarding Affordable housing for seniors on file SUPERVISOR BORGOS-Would like to assign this to the Senior Advisory Committee to research j this move. Building and Codes monthly report - on file RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 534, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Town Board of the Town of Rueensbury move into Executive Session to discuss pending or potential litigation, Earltown lawsuit, Equalization Assessment Rate complaint, a matter involving the Planning Board. Duly adopted 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. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF RUEENSBURY I i