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1986-07-08 211 TOWN BOARD MEETING JULY 8, 1986, 7:33 P. M. TOWN BOARD MEMBERS Mrs. Frances Walter - Supervisor Mr. George Kurosaka — Councilman Mr. Stephen Borgos - Councilman Mr. Ronald Montesi - Councilman Mrs. Betty Monahan - Councilman PRESS: Glens Falls Post Star, WBZA GUESTS: Peter Cornell TOWN OFFICIALS: Mr. Paul Naylor PLEDGE OF ALLEGIANCE LED BY: Supervisor Walter MEETING OPENED: 7:33 P.M. SUPERVISOR WALTER - Stated that the first order of business was the presentation relative to the Top 0' World plans and development in the Town of Queensbury and since the approval of PUD by the Town Board there has been some changes made and now there are new owners. We would like to have the Town Board filled in on what is happening up there and will then take any action that needs to be taken. Addressed Mr. Oliver, Coodinator for the Galisi Group to introduce who is going to represent the Top 0' World. MR. OLIVER - Introduced Peter Cornell, Senior Vice President of the Top O'World project. PETER CORNELL - Senior Vice President and Area Representative - The purpose of this is to bring the Town Board up to the point of where we are since we took possession of this project on or about the first of the year. We have proceeded with the basic plan set forth by the original owners. In doing a project like `— this from time to time you come up against some restraints with the actual physical construction which means that we have had to move buildings as well as the previous owners had to do. For the purpose of this Board to understand exactly what is going on Mr. Richard Eats, our engineer has prepared a plan which indicates the original profile and plan of the buildings as well as the new plan. RICHARD EATS - Environmental Design, presently involved with the developers of the Top 0' World. Essentially what we have done is put a composite map together to show the Board what the Galisi Group has done over the past two or three months, also showed the Board the overlay conditions which were in existence when the Galisi Group took over. The point I want to make is that these units shown on the map are units already constructed either in total or framed, already in the ground, and some are different than the original plan. He showed the Board the actual locations their survey crews made of the sites so they would know exactly where the units are on the improved plan. The overlay shows revised phase I site plan, also units that have been split or moved because of various field conditions encountered on site. Noted that some of the footings in place are different then those originally approved and what is in the field because of water lines running through that location and because of a ledge problem there also. We had our et"14-t k crew go out and locate the buildings as approved, we found out that some conditions ` were very severe building conditions because the unit was hanging over the edge of a slope. This is very difficult to build under normal conditions so we suggested - . tying the buildings together not essentially changing the overall plans but combining them to make a more realistic plan. The other changes in these buildings are because of a very severe wet area again almost impossible to build on. We would like to see building zones placed around the buildings as staked in the field that are not constructed yet, this would give us some flexibility in locating these buildings that are not constructed yet. Then when our foundations are in we would like to submit to either your board or the planning board plans of that foundation so that you will know exactly where that building will be. COUNCILMAN BORGOS - Asked if the maximum movement of a building would be about twenty-five feet? 212 RICHARD EATS - Yes. The intent is not to change the overall planning, just minor adjustments, the design is still intact. SUPERVISOR WALTER - Asked what happened when a building is moved and a buyer already has a unit and the building going up next to him is not what he preceived. when he was in the sales office or it restricts him from doing what he wants to do or what he want to see. RICHARD EATS - The units are shown to the buyer as a whole concept and as part of that concept we may because of certain building restraints have to move a specific building already detailed out in the planning and if it is a drastic change, what is usually dictated by the Attorney General's Office is that we offer the purchaser the right of decision of relocation or the right to back out of the contract. COUNCILMAN MONTESI - Noted that this is the largest single development under PUD and felt very comfortable with what the planners have come back with. Asked if the changes have altered any of the density of the development? That is a consideratil-li and constraint that the DEC and APA have put pressure on the Board to watch. The other question is the septic systems, has anything been done to make things better or is there going to be some problems ? PETER CORNELL - Regarding the density there is no change. On the septic issue we looked at it prior to purchase and had some reservations so we asked our engineers to come up with alternative plans as far as waste disposal. We know that it has to go through the appropriate channels but if we can come up with a better alternative system that is better for the project and better for the community at large, we hope to have the appropriate support. We think a central disposal system, central collection system would be more appropriate for projects such as this. RICHARD EATS - Alternative septic systems are in the analysis stage at this time to find out exactly where a central facility could be located. COUNCILMAN KUROSAKA - Asked if the group was planning a package plan, rather than have individual tanks there will be one large tank and leach into the ground. MR. DENNIS MACELROY - No, larger leach fields there will be. clustered tanks for the solids and the fluids will be collected and pumped over the mountian to the East side to the central collections, the disposal site. j COUNCILMAN MONTESI - Asked if they foresee any substantial changes in Phase I other than this these, that may require them coming back to the Zoning Board or Planning Board of Appeals, because these are the lead agencies and they are trying to address things as the changes are made so things can continue through each phase. PETER CORNELL - From past experience in developing, most municipalities give an envelope system which is illustrated on the drawing or give a latitude as far as the number of feet to move a building without having to go through the whole process, by merely notifying the Building Department of the adjusted location. When it gets beyond the extenuating circumstances which is a certain number of feet then we have to come back because there is something drastically wrong with the plan. COUNCILMAN MONTESI - Noted that he had been referring to the concept of condominiums located on the mountain in that kind of setting which does not show much commercial development, asked if that concept changed. PETER CORNELL - The only problem we have had is the sporadic spread of swimming pools throughout the project. What we would like to see is the swimming pools located in one central area. We will come back with a proposal for that type of arrangement. Noted that in dealing with the volume of water, it would be the same just centrally located. Introduced Paul Mattarazzo, the Project Director who is on site at all times and invited the entire board or anyone who wishes to visit the site to do so. SUPERVISOR WALTER - Thanked Mr. Cornell. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 177, Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Stephen Borgos: Gi RESOLVED, that the Town Board minutes of June 24 and June 30, 1986 be and hereby are approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO APPROVE BINGO LICENSE RESOLUTION NO.178, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that Bingo License No. 2705 be and hereby is approved allowing West Glens Falls Fire Co. to hold Bingo Occasions from August 2,1986 through February 28, 1987 and be it further RESOLVED, that this include one Sunday Bingo Occasion Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO CONDUCT CIRCUS RESOLUTION NO. 179, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Lake George Kiwanis have requested permission to conduct a circus as follows: SPONSOR: The Lake George Kiwanis CIRCUS: Allan C. Hill Entertainment, Corp. PLACE: West Glens Falls Firemen's Field DATE: August 12, 1986 NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance 1. The Insurance Company must be licensed in the State of New York 2. The Town of Queensbury must be named as an additional insured B. Inspections and Approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Fire Company I C. There must be adequate parking and access for emergency vehicles Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COUNCILMAN MONAHAN - Suggested that we regulate the insurance to include license 214 to do business in the State of New York. j SUPERVISOR WALTER - Addressed Town Clerk that when the proof of insurance comes she should contact Richard Schmidt to get this. I COUNCILMAN BORGOS - Noted that we have to be aware of what has happened a few weeks ago, the collapse of the bleachers South of Albany in Hudson which caused a lot of injuries and there was also some problems getting emergency vehicles to the site to get the people out. There should be an inspection by the Fire marshal and approval by the Fire Chief involved and there should definitely be adequate parking and access for emergency vehicles. SUPERVISOR WALTER - Resolution stands on the floor as amended. Asked Town Clerk to let Mr. Ray Wynn know of the changes. RESOLUTION AUTHORIZING THE SUPERVISOR OF THE TOWN OF QUEENSBURY TO CAUSE THE INCORPORA- IN OF A LOCAL DEVELOPMENT CORPORATION RESOLUTION No. 180, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Ronald Montesi: WHEREAS, §1411 of the Not-For-Profit Corporation Law authorizes towns to incorporate or cause to be incorporated Local Development Corporations, and WHEREAS, in order to promote economic development in the Town of Queensbury, this Board wishes to facilitate the statutory purposes of a Local Development Corporation, which include relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of or retention of an indurstry in the community or area, and lessening the burdens of government and acting in the public interest. NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Queensbury Town board is hereby authorized to cause to incorporate or to be incorporated a Local Development corporation to be named the Queensbury Economic Development Corporation, and ---+ BE IT FURTHER RESOLVED, that the corporation shall have the powers and meet the requirements set forth in the Not-for-Profit Corporation Law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - We have been looking to attract more businesses to our community and one of the resolution indicated a local development corporation carries with it the kinds of functions that a government is not capable of doing on its own. So as a tool for developing new industry an Economic Development Corporation should be a plus for our town and hope everyone will support the resolution. COUNCILMAN MONAHAN - The entire Town Board supports Supervisor Walter on her work done on this project. RESOLUTION TO CONDUCT FIREWORKS RESOLUTION NO. 181, Introduced by Mr. Ronald Montesi who moved for its adoption seconded by Mrs. Walter: WHEREAS, the Norton Company of Worcester, Ma. has requested permission to conduct a fireworks display as follows: SPONSOR: The Norton Company PLACE The Great Escape G1� DATE August 10, 1986 NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance. 1. The Insurance Company must be licensed in the State of New York 2. The Town of Queensbury must be named as an additional insured B. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of Queensbury Central Fire Dept. C. There must be adequate parking and access for emergency vehicles Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None DISCUSSION HELD - Regarding the Fire Marshal, Fire Chief, license to do business with the State of New York and the insurance involved in the district this is being held. RESOLUTION TO SUPPORT PLACEMENT OF BUOYS IN GLEN LAKE RESOLUTION NO.182, Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos: WHEREAS, the homeowners at Glen Lake, situated in the Town of Queensbury, Warren County, New York have a genuine concern about identifying rock shoals in the lake, �--- and WHEREAS, the Glen Lake Association wishes to have buoys placed in the lake denoting these hazards, and WHEREAS, the Queensbury Town Board requests the New York State Bureau of Marine and Recreational Vehicles to cooperate with the Glen Lake Association in the siting and placing of buoys in Glen Lake for the purpose of boating safety. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - This is at the request of Mr. Ogden, President of the Glen Lake Association who has had contact with Bureau of Marine or Recreational Vehicles and they wish to have some kind of support for their request. RESOLUTION APPROVING ACTUAL STAGING OF PHASE I, TOP OF THE WORLD, PLANNED UNIT DEVELOPMENT. RESOLUTION NO. 183. Introduced by Mrs. Betty Monahan who moved for its adoption seconded by Mr. Stephen Borgos: WHEREAS, by resolution number 77 of 1984 the Town Board of the Town of Queensbury granted final approval for "Phase I Top O'the World" Planned Unit Development Plat, and WHEREAS, at the time of such approval the Town was not provided with a "to scale" layout detailing the location of the 46 residential units authorized by such resolution, 216 and WHEREAS, Lake George Ventures, Inc. , has acquired ownership of all of the real property within Phase I of the Top of the World Development, and WHEREAS, Lake George Ventures, Inc. , has appeared before the Town Board of the Town of Queensbury and presented testimony, expert opinion, and "as-built" plans showing the location of structures currently constructed or in construction together with the exact description of the area in which the remaining authorized structures shall be built, and WHEREAS, the Building and Zoning Department has approved and issued building permits for the structures shown on said "as-built" plans, and WHEREAS, the Town Board finds in accordance with Section 15.060 of the PUD provisions of the zoning ordinance that the "as built" plans evidence compliance with the requirements for the ratio between residential and non-residential structures, and WHEREAS, the "as-built" plans conform in spirit and interest with the conditions and requirements heretofore set by the Town Board, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the actual staging of Phase I of the Top 0' the World Planned Unit Development as described in the presented "as-built" plans with the following conditions: 1. Lake George Ventures, Inc. , shall provide the Town Building and Zoning Department with an actual survey showing the footings of all structures within the quadrants or envelopes hereby approved: 2. Lake George Ventures, Inc. , shall comply with all conditions and requirements of the Adirondack Park Agency: 3. Lake George Ventures, Inc. , shall submit to the Town for its approval a Performance Bond as specified in Resolution Number 77 of 1984 or an assignment of the existing Performance bond heretofore approved by the Town. Duly adopted by the following vote: AYES: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - Asked Mr. Roberts as Chairman of the Planning Board for his commments. RICHARD ROBERTS - Stated that he felt very comfortable with the development. SUPERVISOR WALTER - Addressed Mr. Cornell that everything was in order and the Board would see him for phase II. COMMUNICATIONS - Ltr, Lake George Opera Festival requesting fireworks display on the grounds of the Queensbury High School on the evening of August 2, 1986 - on file. COUNCILMAN BORGOS - Requested that cleanup of the area must be completed by 10:00 A.M. inculding all unexploded shells. DISCUSSION HELD - To incorporate those conditions for approval of the Fire Marshal, the Fire Chief, the fact that the cleanup would be completed before 10:00 A. M. the following day, and also the insurance to do business in the State of New York. RESOLUTION TO CONDUCT FIREWORKS RESOLUTION NO. 184, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr.George Kurosaka: n " /Alt WHEREAS, the Lake George Opera Festival has requested q permission to conduct a firworks display as follows: SPONSOR: The Lake George Opera Festival I PLACE: The Queensbury School DATE: August 2, 1986 NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance �. 1. The Insurance Company must be licensed in the State of new York 2. The Town of Queensbury must be named as an additional insured B. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of Queensbury Central Fire Dept. C. There must be adequate parking and access for emergency vehicles D. Cleanup of the area must be completed by 10:00 A.M. the following day, all debris must be cleaned up including all unexploded shells. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - Resolution is passed with the stipulations as discussed. REPORTS - The Town Clerk's Monthly Report - June, 1986 on file - The Building and Zoning Report - June, 1986 on file DISCUSSION HELD - Mr. Montesi expressed concern about re-issuing junk yard licenses. Asked Town Clerk about the procedure regarding vendors coming into town - they come to you for a permit, how do we or the State of New York collect sales taxes based on their permit and does this include circus. TOWN CLERK - We collect $500.00 a day for their permit. We've only had one this year. We have no ordinances on sales tax regarding circus's. COUNCILMAN MONAHAN - Said she had had numerous complaints regarding ATVs in the Town of Queensbury, she was going to tell everyone who calls her to call Sheriff Lamey. SUPERVISOR WALTER - We have called Sheriff Lamey and I know that on several occasions he has dispatched people deputies and on one or two occasions checked with the people who called, and they said they just left after they had called, there has been a response to calls. Commended our Highway Department on the good job they had done, by paving one mile of road yesterday. OPEN FORUM SUPERVISOR WALTER - Hearing no discussion went on to Audit of Bills. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO.185 ,Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka: RESOLVED, that Audit of Bills as appears on July 8, 1986 Abstract and numbered 218 1658 and 1953 and totaling $444,861.19 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 186,Introduced by Mrs. Frances Walter who moved for its adoption seconded by Mr. George Kurosaka. RESOLVED, that the Town Board herby moves into executive session to discuss contract negotiations. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None On motion the meeting was adjourned. RESPECTFULLY SUMITTED. DARLEEN DOUGHER, TOWN CLERK