Loading...
1988-12-16 SP Salmi -_ ti SPECIAL TOWN BOARD MEETING ' DECEMBER 16, 1988 3:I6 P.M. MEMBERS PRESENT: Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Paul Dusek-Town Attorney }� MEMBERS ABSENT: Councilman-George Kurosaka PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA SUPERVISOR BORGOS-The purpose of this hearing is to set the public hearings for Fire and Emergency Medical Services Contracts...noted that the contract for North Qsby. Volunteer Fire Co. is for one year and two years for each of the other fire companies and three years with the Rescue Squads. RESOLUTION FOR PUBLIC HEARING ON TOWN FIRE PROTECTION CONTRACTS RESOLUTION NO. 558, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District known as the Town of Queensbury Fire Protection District embracing the entire territory of said Town and the Town Board of said Town purposes to provide fire protection therein by contracts with Mfive Fire Departments known as: Bay Ridge Volunteer Fire Company, Inc., North Queensbury Volunteer Fire Company, Inc., Queensbury Central Volunteer Fire Company, Inc., South Queensbury Volunteer Fire Company Inc., and West Glens Falls Volunteer Fire Company Inc., tend WHEREAS, it is necessary pursuant to law for this Town Board to provide for furnishing of fire protection within said Town of Queensbury Fire Protection District, and WHEREAS, Section 184 of the Town Law requires a public hearing upon the contract provisions for such fire protection, and WHEREAS. the said contracts are presented at this meeting, NOW, THEREFORE, BE IT RESOL VED, that a public hearing be had with reference to the proposed contracts for the furnishing of fire protection for the Town of Queensbury Fire Protection District, on December 29, 1988, at the meeting room, Town Office Building, Bay and Haviland Roads, Queensbury, New York, at 4:00 o'clock p.m., and that notice of such hearing be published in the Post-Star Newspaper, once on or before the 19th day of December, 1988, and that such notice shall specify the time when and the place where said hearing will be held and describe in general terms and proposed contracts., and be in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that copies of the proposed contracts be kept and maintained in the Town Clerk's Office and be made available for inspection by any interested party. Duly adopted this 16th day of December, 1988 by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka SUPERVISOR BORGOS-Asked that a correction be mode, first page first paragraph insert fire (5) Fire Departments...where is stated(3)rescue squads... Agreed to by the Town Board... S&)P RVISOR BORGOS-Reviewed the Fire and Rescue Squad Contracts...over the three year period of the rescue squad contracts the total to be paid to the rescue squads increases by only 5,000.00 over the three years, without tax base increasing that portion of the tax will go down there is no question. The fire contracts presuming that North Queensbury agrees to the second year at some normal increase the fire increase should be at 7% or less over the two years...that is total dollars again with the tax base increasing it is possible that the total fire protection, EMS, tax will actually decrease. The big increase came from the funding of the new construction. COUNCILMAN MONA HA N-Regarding the agreement page 5, the date May 15th, then February 15th should they both be May 15th? SUPERVISOR BORGOS-What we'are trying to do is get all the fire departments and rescue squads reporting to us in an annual auditing basis on a standardize format...they will reach that agreement by May 15th the question came, and that is, why there is a different date in there, what if we do not reach the agreement by May 15th do we have to go back to January Ist. of next year and try to get all the vouchers again and put it on a new system? Our answer was if you can reach an agreement, you can't do it later than May 15th but if you can do it by February 15th we would like you to go back starting with 89 to January Ist...and get us on line right away. PAUL DUSEK-TOWN ATTORNEY-If we say this agreement shall be reached by February 15th instead of May 15 and then go through all the other language and say if it is delayed past February 15th 1989 then they can wait until 1990 and then at the very end add in the sentence that in any event this agreement shall be reached not later than May 15th and it will be effective in any event not later than 1990. This was agreed to by the Entire Town Board... COUNCILMAN MONA HA N-Section Il- I am also looking at that insurance premiums are starting to decrease and I do not like this open ended that they get the benefit of both the increase and the decrease...if there is a decrease the money should come back to the Town and also I want to know if we are talking strictly about the liability end of it. If they are purchasing a new vehicle the addition in what their collision is going to cost them should be factored into the general budget and I do not want to see it done sloppily by taking advantage of this , clause.... SUPERVISOR BORGOS-We had in the past in the rescue squads that if there was a savings that savings would be reimbursed to the Town... I think that can be worked-out.'..if we limit this to the liability portion maybe that would be good, if the insurance premium increased for the liability is more than 10% above the budgeted statements the Town will pay the extra then they will have a good limit on that they then will have to live within their budgets for insurance on the rest of it. COUNCILMAN MONAHAN-And we will get a rebate if they have a decrease in their insurance. ...in the 10% area. PA UL D USEK-TOWN A T TOR NE Y-at the end of paragraph 9 in the paragraph May changes to February and at the very end I would propose the following: in any event an agreement relative to the accounting format shall be agreed to by May 15th 1989 and the implementation of the new standards and codes shall be in place for use in the year 1990. In paragraph 11, the secot►d sentence in right after it speaks to the 30 dayswritten notice to the Town it says, if insurance premiums increase more than 10% 1 would proposed that it say, if insurance premiums for liability insurance increase more than i0% and at the very end add in the following clause,in the event that the cost of the liability insurance decreases by /0% or more the fire company shall refund the amount of the decrease to the Town. Agreed to by the Town Board... RESOLUTION FOR PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE CONTRACTS RESOLUTION NO. 559, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection District known as the Town of Queensbury Fire Protection District embracing the entire territory of said Town and the Town Board of said Town proposes to provide emergency ambulance service therein by contracts with three (3)rescue squads known as: Bay Ridge Volunteer Fire Company, Inc., North Queensbury Rescue Squad, inc., and West Glens Falls Rescue Squad, Inc., and WHEREAS, it is necessary pursuant to law for this Town Board,to provide for furnishing emergency ambulance service within said Towh o f nishing of 9 y f"'Queensbury Fire Protection District, and WHEREAS, Section 184 of the Town Law and Section 209 (b) of the General Municipal Low require a public hearing upon the contract provisions for such emergency ambulance service, NOW, THEREFORE, BE lI RESOL VED, that a publtr hearing be had with reference to the proposed contracts o furnishing of emergency ambulance service for the Town o for the on December 29, 1988 ut the. meeting room, Town Office Building, and Havilandt Roads, strict, n the as Y, New YorF•, at 4:00 o'clock p.m., and that notice of such hearing be published in the Pas Y, Newspaper,, once on or before the 19th day of December, 1988, and that such notice shall specify this time when and the place where said hearing will be and de in general terms the proposed contracts., and be i scribe n the form presented at this meeting, and BE IT FURTHER RESOL VED, that copies of the proposed contracts be kept and maintained in the T Office and be made available for inspection by any interested party. own Clerk's Duly adopted this 16th day of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr, Kurosaka COUNCILMAN MONAHAN-Do we have any accounting procedures in this? SUPER VISOR BORGOS-We have the same ones.. PA UL D USEK-/propose that we made the identical changes as we had in the fire contracts... company COUNCILMAN MONAHAN-Do---you have the /0% clause in the insurance? PA UL D USEK-In paragraph 7... f `- SUPERVISOR BORGOS-Again we will put the liability verbiage in that paragraph... The Board agreed to the changes. (Board waived the reading of the resolution) RESOL UTION FOR STATE AID FOR ASSISTANCE IN DEVELOPING A LOCAL LAND USE PROGRAM RESOL UTION NO. 560, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Chapter 53 of the Laws of New York of 1988 authorizes State financial assistance to Adirondack Park towns and villages for the implementation of local land use programs developed pursuant to Article 27 of the Executive Law. WHEREAS, development of a local land use program typically includes the following general elements tailored to a community's needs: community survey, natural resource studies, socio-economic studies, community issues and goals, land use plan and regulatory devices. NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of as the development administrator and zoning officer for�he purpose designates Senior Planner Specific planning tasks. P p f performing the following i)referrals of variances and other actions, 2)review of code requirements applicants, 3) assistance to planning and zoning boards,and 4)record at pro s atective share cost of$5,000. i RESOL VED, that the Town shall enter into an agreement with the development administration ' staff to undertake, the administration of a local land use program, a it is further RESOL VED, that Supervisor of, the Town o y y f Queensbur be and hereby is authorized and empowered j l f'. } to execute in the name of the Town 1)a Memorandum of Understanding with the Adirondack Park Agency providing for the proposed use of local planning assistance funds, 2) an agreement with staff with such provisions as the Supervisor may deem acceptable and all necessary applications, and other agreements which he deems necessary or appropriate to implement and carry out the purposes specified in this resolution. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako z (Board waived the reading of the resolution) RESOLUTION REQUESTING THAT THE INTERMUNICIPAL AGREEMENT FOR THE LAKE GEORGE BASIN BE RECONSTITUTED RESOLUTION NO. 561, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: i WHEREAS, the Towns of Bolton, Hague, Horicon, Lake.George and Queensbury, the Village of Lake George, Warren County and the Adirondack Park Agency have completed two years of cooperative planning under an Intermunicipal Agreement for the Lake George Basin (IMA), l and i WHEREAS, the Town of Queensbury pursuant to the General Municipal Law Article 5-G wishes to exercise jointly with all municipalities located wholly or partly in the Lake George Basin certain powers under A-rich- 16 of the Town Law, Article 7 of the Village Law, otherwise held separately, and jointly to study and control through a local land use program developed pursuant to Article 27 or the Executive Law land use and development activities affecting r the quality of Lake Ge ?rge waters and their surrounding natural resources, and f i WHEREAS, policy recommendations prepared under the IMA by a planning consultant (Rogers, Golden and Halpern) include local government options for managing growth and regulatory and nonregu/atory means for addressing water quality concerns, and WHEREAS, participating municipalities wish to obtain technical assistance to implement Policy recommendations made under the IMA, and WHEREAS, the Lake George Law (ECL 43-0110 and ECL 43-0112)requires that the Lake George Park Commission consult with the municipalities located wholly or partly within the Lake g George Park and with other state agencies in adopting its regulations concerning water quality in the Lake George Park, and WHEREAS, the Lake George Law (ECL 43-0112) requires that each municipality located wholly or partly in the Lake George Park prepare a storm water management plan, and a stormwater regulatory control program to implement that plan, subject to the Lake George Park Commission's approval within eighteen months of the effective date of the Commission's stormwater management regulations, and WHEREAS, local stormwater management plans and controls are an integral part of a local land use program, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury intends to participate in an intermunicipol agreement for the Lake George Basin to foster communication and uniformity in data and criteria for land use decision-making, and to pursue such other objectives and tasks as may be set forth and agreed upon by the IMA parties in agreement documents and related work programs, and RESOL VED, that participation in the IMA will be open to any community located wholly or partly in the Lake George Basin passing an authorizing resolution, and to Essex County, Warren County, Washington County, the Adirondack Park Agency and the Lake George Park Commission, and RESOLVED, that the Supervisor of the Town of Queensbury is authorized to approve on behalf of the Town all agreements, contractual arrangements, work programs and similar administrative documents relating to the IMA, and to accept work products on behalf of the Town, and RESOL VED, that the Town of Queensbury requests funding for the IMA from the Local Planning Assistance funds administered by the Adirondack Park Agency pursuant to Chapter 53 of S).7 i the Laws of New York of 1988 in an amount not to exceed $40,000 to be expended on behalf of participating municipalities wholly or partly located in the Lake George Park under contracts awarded after competitive solicitation to retain independent planning, engineering and/or legal services to develop a model local stormwater management plan and stormwater regulatory control program consistent with the provisions of ECL 43-0112, and to be provided for other technical assistance consistent with he purposes of the IMA, and RESOLVED, that the Town of Queensbury shall obligate the Town's funds in on amount not to exceed $5,000 as a local share to increase the funds available for retaining a consultant (s), and to obtain from the consultant (s) draft language and enactment assistance recommended for the local land use program to satisfy the stormwater management requirements of the Lake George Law. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN POTENZA-Lee, this is the one that goes with the land? LEE YORK-This is for lands in the Lake George Basin, it does indicate at the end the last paragraph that the Town shall have an obligation, I talked to the APA about this, as part of the storm water management policies that are developed the Town would probably be responsible either through staff time or some other mechanism for a certain amount of money. They indicated to me that the $5,000 would be a higher figure than they would estimate. COUNCILMAN POTENZA-It is not really a dollar transfer of funds its more of a knowledge or hands on working type of... LEE YORK-Right. PAUL DUSEK-Noted that Res. No. 560 will have to be amended to include a person to be as development administrator and zoning officer... DISCUSSION HELD-It was agreed to by the Board to appoint Lee York Senior Planner RESOLUTION TO AMEND RESOLUTION NO. 560 RESOLUTION NO. 562, Introduced by Mrs. Marilyn Potenza who moved for its adoption seconded by Mr. Ronald Montesi: RESOL VED, that Resolution No. 560 of 1988 be amended to designate Senior Planner as the development administrator and zoning officer. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka (Board waived the reading of the resolution) RESOLUTION TO CREATE AN INTEGRATED DATA AND RESOURCE INFORMATION MANAGEMENT SYSTEM FOR PRIVATE LANDS IN WARREN COUNTY RESOLUTION NO. 563, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty .Monahan WHEREAS, Warren County has undertaken a major tax mapping initiative involving computerization of real property information providing the opportunity for its local governments to share . in the management of such information,'and WHEREAS, the Adirondack Park Agency intends to upgrade a compatible, computerized geographic information system and to share access to that system with Warren County and its local governments, and WHEREAS, Warren County municipalities, party to the Intermunicipal Agreement for the Lake George Basin have initiated computerized record keeping capability for land use and,. S30 development activities in the municipalities, and WHEREAS, newly developed detailed soils maps aid in the development and administration of locally adopted zoning and subdivision codes and facilitate the evaluation of the Adirondack Park Land Use and Development Plan Map, and WHEREAS, such map:; ,17ay be efficiently evaluated and tabulated for reference by municipalities working together in cooperation with Warren County and the Adirondack Park Agency WHEREAS, the Town of Queensbury wishes to participate in such a cooperative planning program, WHEREAS, coordinated development record keeping will improve understanding of development trends in Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury designates nates Warren Count _ Y as its consultant for local planning services including tabular analysis on a parcel basis of digitized soil information and maps for all participating municipalities, and requests that $10,000 in local assistance funds be provided to the County to provide this,service to the municipalities adopting this resolution; and BE IT FURTHER resolved, that the Town of Queensbury designates Warren County as its consultant to retain interns who will assist with computer programming and data input services for consistent development record keeping and to facilitate local access to permit records and resource information including the soil information described above; and requests that $10,000 in local assistance funds be provided to the County to provide this service to the municipalities adopting this resolution. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION HELD BEFORE VOTE: SUPERVISOR BORGOS-This is the same intermunicipal agreement we have had for several years... LEE YORK-SENIOR PLANNER-This is basically a way to get state monies back to the_municipolities... its just to help to develop local land use plans and programs and Queensbury will receive about $5,000.....the next resolution is an intermunicipal agreement for the Lake George Basin, we have to as part of State Law because we are in the Adirondack Park, we have to prepare a storm water management plan and that is mandated, the APA will pickup a substantial amount of the funding for that and provide technical assistance. The third resolution is for monies to go to Warren County for the computerized geographic information center and system that we will share in. Warren County will act as the consultant and receive $10,000. in local assistance to do that for us. RESOLUTION TO APPROPRIATE FUNDS RESOLUTION NO. 564, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the engineer for the Water Treatment Plant expansion has submitted vouchers, for payment. NOW, THEREFORE, I3C IT RESOL VED, to appro,nriate from W 13320909 Queensbury water fund balance.through W 13310599 Queensbury water appropriated fund balance the amount of $90,084.63 for payment of these vouchers. Duly adopted by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka 3 I a RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 565, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOL VED, that Audit of Bills of December 16, 1988 and numbered 3468 through 3473 and totaling $3,500.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka LEE YORK-A concern has been raised at the Planning Board regarding the amount of growth in Queensbury and Plonnning Board Review...the Board is having extra meetings to accommodate the growth and they discussed alternative ways to handle this with the Town Attorney. I have spoken to the Town Attorney and we felt it might be helpful for the Town Board and Planning Board to mc.,t cad discuss the current situation..asked for a meeting on the 20th before the Planning Board Meeting...from 6:00 to 7:00 p.m. workshop session... RESOLUTION CALL rNG FOR EXECUTIVE SESSION RESOLUTION NO. 566, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED that the Town Board hereby moves into executive session to discuss pending law suit with Saratoga Associates, on the Town Office and Activity Center. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka 7 RESOL UTION TO COME BACK INTO SESSION RESOLUTION NO. 567, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOL VED, that the Town Board hereby moves back into session. Duly adopted by the following vote: Ayes Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION PAUL DUSEK-Lee York has indicated to me in the past the fact that the number of applications that have been coming in have been unbelievable I guess is the word to use, the Board is under stress, this month alone they are meeting 4 times. Obviously my office is drained by that as well because I am in attendance at the meetings. One of the problems is under Town Law Section 276 provisions says you have to act upon these matters 45 days from the date they are submitted, if you fail to act the problem is that there is an automatic approval provision in that section of the low on the subdivision. How do we deal with that, we have taken a number of steps already to the extent that we legally can, such as having dead line dates 1 for application, having complete review by staff and planning and the next question now, do we want to in some fashion deal with that time further and to what extent legally can we do so. It would seem that a local law would be an idea to consider we are working on something that may be of assistance by looking into in some fashion controlling agenda's to the Planning Board. Perhaps we can structure it by having a couple of meetings a month at most... 5 31� COUNCILMAN MON TESI-R ecomm ended that if the Town Attorney need assistance from outside council to do reference work or research work on some of the alternatives...we could pole the board... COUNCILMAN POTENZA-Noted that the major problem is the number of applications going before the Board...the amount of growth in this town is taking its toll on all our volunteers...the concern is not limit the amount of applications but limit the amount of applications that go before the Board at a singular or at each meeting. I think we would be doing the contractors • favor by being able to calendar their dates. Perhaps we should go to the outside and have • firm do some research and maybe come up with some ideas... PAUL DUSEK-The idea of going outside for further assistance on this legally is not a bad idea from the perspective that this area of the law is not an area unfortunately there has not been.a lot of work done to develop formulas that bypass this section of the Town Law or that deal with it in some fashion. COUNCILMAN MONTESI-Questioned if Nantucket had any agenda control in their program? What we are looking at is some way to control the agenda... PAUL DUSEK-What I would propose to do and am in the process of working on, gathering information for my own purposes to find out more about the thing, reading the laws etc. which I have reached that point, I would like to continue to do before we go to outside counsel is to call some other attorneys from other communities and see if they have anything in place that is in place that is working...some of the communities I will try is down in the Long Island area since they have gone through this is the past themselves. COUNCILMAN MONA HA N-Noted that burden on the Planning Dept....we are working against the purpose of having a planner and that is that we are not giving them the time to plan. COUNCILMAN POTENZA-...the problem is not the growth of the Town the problem goes back to controlling the growth. ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULL Y SUBMITTED, MISS DA'RLEEN M. DOuGHER-TOWN CLERK s i