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1989-09-25 TOWN BOARD MEETING SEPTEMBER 25, 1989 7:00 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS SUPERVISOR GEORGE KUROSAKA-COUNCILMAN MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHA N-COUNCILMA N (entered meeting at 7:05 p.m.) 3 TOWN ATTORNEY PAUL D USEK TOWN OFFICIALS Paul H. Naylor, Tom Flaherty, Ralph VanDusen, Dave Hatin, Lee York, Kathleen Kathe PRESS: G.F. Post Star, Channel 8 TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION TO ENTER QUEENSBUR Y BOARD OF HEALTH RESOLUTION NO. 524, Introduced by Ronald Mon tesi who moved for its adoption, seconded by George Kurosaka RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters the Queensbury Board of Health. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: None QUEENSBURY BOARD OF HEALTH 7:03 P.M. PUBLIC HEARING -SEWER VARIANCE - LORI DICKINSON SUPERVISOR BORGOS-First is the public hearing for a sewer variance for Lori Dickinson. Has this been properly advertised? TOWN CLERK DOUGHER-Yes it has. SUPERVISOR BORGOS-Thank you very much. I think the best arrangement is to indicate that this is a request for a variance, Lori Dickinson. The property is at the corner of Sullivan Drive and Sullivan Place. Request for a variance for a set back from the drilled well to the septic system. It is required to be 100 feet and the request is for 81 feet. Mr. Hatin would you like to say a few words? Have you visited the site? What did you find? Would you recommend it? DAVE HA TIN, Director of Building & Codes-i visited the site today. The elevations are higher than the lower level. I think it is about 8 feet, Mark? MARK BOMBARD-Yes. MR. HA TIN-About an 8 foot elevation above the road. If you are familiar with the area, _ it is the some place where you had a septic variance kitty corner across the street. Basically the same set up, the same situation. There lot is not big enough to accommodate the 100 feet. SUPERVISOR BORGOS-What would be your recommendation? MR. HA TIN-You have one sitting right across the road, I believe it's almost the same set UP... SUPERVISOR BORGOS-You didn't answer my question. MR. HA TIN-Because I can't make that decision. SUPERVISOR BORGOS-But your recommendation as a professional? MR. HA TIN-As a professional, I don't think you are going to get any better. The maximum separation is there. The Board of Health has signed off on it with their approval. MRS. YORK-Department of Health. MR. HA TIN-Department of Health. SUPERVISOR BORGOS-Thank you. Anyone else who wishes to speak for or against or in any way related to this matter? Do you know of any one who is supposed to be here? 1 MARK BOMBARD-My name is Mark Bombard. i work for Dennis Dickinson. I'm representing Lori Dickinson. I think in your packets I gave you last week there is a, the general public had already replied and everybody in the general vicinity had signed off and said they didn't have any problems with it. Other than that we have DOH approval and its about the best operation you can get. There is no magic number about 100 feet, its just a recommended use, namely ... a little push to get it going. COUNCILMAN MONAHAN-Mr. Bombard, / do have one question. When you go by the little green cabin there, the land is right down this way, do they own that piece or is the neighbors that they're going to be draining towards? (Mr. Bombard demonstrated on map) SUPERVISOR BORGOS-Are we all set? Anyone further wishes to be heard for or against, if not we'll close that public hearing. COUNCILMAN MONAHAN-1 would like to suggest because of the pressures we're putting on the lake and i wish we had done this with other variances around Glen Lake, that we ask the Dickinson's to use the water saving toilet facilities, all the water saving facilities they can, including the 1.6 gallon toilet. SUPERVISOR BORGOS-Is this to be a new house? COUNCILMAN MONAHAN-Yes. SUPERVISOR BORGOS-Okay. Would you like to include that as a condition? i COUNCILMAN MONAHAN-1 would, please. SUPERVISOR BORGOS-1'11 ask cur attorney. Should this be item E in the resolved section that we require, if this resolution gets passed, that the owners be required to use a water saving devices, including the water saving toilet. COUNCILMAN MONAHAN-The 1.6 toilet because there are some others that are called water saving and they are 3.5. SUPERVISOR BORGOS-Yes, maximum of 1.6. ATTORNEY D USEK--Yes you can make it as an item E as a condition of granting the variance. SUPERVISOR BORGOS-Any further comments? If not we'll... CHARLIE ADAMSON-I just wanted to commend Betty for putting that in as a condition because I think that should be put in as a condition for not only the Town but most particularly for the Lake George water safety and all the lakes in the area. Well done Betty. COUNCILMAN MONAHAN-Thank you. SUPERVISOR BORGOS-Thank you sir, thank you for saying some nice things about our own people. PUBLIC HEARING CLOSED 7:09 p.m. RESOLUTION APPROVING VARIANCE REQUEST OF LORI DICKINSON RESOLUTION NO. 42, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, Lori Dickinson previously filed a request for variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically set forth in Article VII, Appendix A, Table 1, such standard requiring a 100 foot setback between the drilled well and septic system, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on September 25, 1989, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOL VED, that the Town of Queensbury Local Board of Health grants the variance to Lori 9 Dickinson, allowing the 811 separation between the drilled well and the septic system, and finds as follows: -- a. that there are special circumstances or conditions which justify allowing the 8V separation between the drilled well and the septic system in that the lot size is too small to accommodate the 100' distance required, and b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, c. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant, and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and e. the owner is required to use water saving devices including a 1.6 gallon per flush water saving toilet. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 43, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, John Tremblay has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.050, Section A-B2, such standard providing among other things: WASTEWATER WELL OR TO STREAM DWELLING PROPERTY LAKE GEORGE -' SOURCES SUCTION' LAKE OR LINE AND TRIBS. _ LINE (a) WATER COURSE It It It It n n Septic Tank It It 10, and WHEREAS, John Tremblay has indicated a desire for a variance to place a septic system 3r from the property line, NOW, THEREFORE BE IT RESOL VED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 16, 1989, at 7:00 p.m., at the Queensbury Activities Center, Bay at Haviland Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of John Tremblay for a separation of 3 feet from the septic system to the property line, on property situated at Aviation Road, Queensbury, New York, and bearing a tax map no. Section 73, Block 1, Lot 23, and at that time all persons interested in the subject thereof, will be heard, and BE IT FURTHER 1 RESOL VED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None OLD BUSINESS -SEWER VARIANCE - GLENN E. POWELL SUPERVISOR BORGOS-Under old business, we have further consideration for a sewer variance for a Glenn Powell. 1'1l ask Mr. Hatin if he'll address us on this one first. MR. HA TIN, Director of Building & Codes--Mr. Powell presented some of the required paper work that the Board requested about a month ago. I do have the plat plan here and you have the percolation test that was done by Mr. Powell himself and I do have a letter from a Jay Sweet, Queensbury Sewer Service on an estimate of what a new system would cost to be installed on this property. (showed map to Board members) SUPERVISOR BORGOS-There are two letters here, written notes from Queensbury Sewer Service, Jay Sweet. The first one indicates that if we install a four thousand gallon holding tank, that we would have to pump it out, the weight of the truck hauling the load, would be too much weight for the road going to the camp. Another one from the same person says to install a sewer system to go by the Town Code would cost Mr. Powell $25,000 to $35,000 to install the proper system. MR. HA TIN-1 also have a letter here from Colleen Shawn from Little and O'Connor, Attorney's at Law, showing a map of the neighboring O'Keefe property showing the Powell camp partially on the O'Keefe property. SUPERVISOR BORGOS-That doesn't agree with the map I have in front of me showing the house entirely ... which is possibly not something proper for us to consider anyway. COUNCILMAN POTENZA-Right. COUNCILMAN MONAHAN-Except that ... SUPERVISOR BORGOS-Right but we're looking at whether we should permit a holding tank on a permanent basis. We've had that submitted by a neighbor .... where it appears by the neighbor's map that the camp in question is sitting on the neighbor's property. My question to you is, should we properly consider that as part of this or is that something totally different. A T TOR NE Y D USEK-When you say the camp, is it the building itself? SUPERVISOR BOR COS-The Powell building, correct. ATTORNEY D USEK-Not the septic tank that you are considering? SUPERVISOR BOR GOS-Correct. A T TOR NE Y D USEK-Oh okay, then I think all you're concerned about is the holding tank. SUPERVISOR BORGOS-Thank you. COUNCILMAN MONAHAN-But on the other hand Paul, do we have a right to approve, to give a variance to a piece of property that is not in existence in the proper place, we don't know whether it is or not? ATTORNEY DUSEK-Well I think that that is an issue that, first of all, since it doesn't exactly affect the tank itself that you are approving, I think your off the hook there. Secondly, as for as the building itself goes, obviously there is some land that he owns over there and apparently it is a boundary line that is in dispute which I would recommend that this Board not even get involved in. SUPERVISOR BORGOS-I'm glad you said that. The map I have in front of me is dated 1982 with the concerns showing on that and 1'd prefer not to get into that if we don't have to. Let see, what is your recommendation? This is not a public hearing, I don't believe we're required to hold a public hearing at this point. We already did hold one. I'm looking at our --' Attorney, we're not required to hold another one or? ATTORNEY DUSEK-Has anything substantially changed in what was originally noticed. MR. HA TIN-No, I believe the conditions were that they would submit this into the record and the Board would rule on whether they would allow on a temporary or permanent basis. COUNCILMAN MONA HA N-Steve, did we close that public hearing or did we continue it? SUPERVISOR BORGOS-I think we closed it. COUNCILMAN POTENZA-I think we closed it and then tabled the resolution until the last meeting in September so that Mr. Powell would have the chance to get the additional information that the Board requested on how much of a septic system would be to put on the property and to increase the gallonage on the holding tank and the description of the property which Dave has submitted to the Board. COUNCILMAN MONTESI-While the Town Clerk is looking that up, Dave, I can address a question to you. We have allowed on a temporary basis the thousand gallon holding tank. If we were going to allow holding tanks in the Town, if we were going to allow, what would we require of this home, between the size ... MR. HA TIN-If this was a normal residence, where I believe there is four bedrooms? MR. POWELL-Yes. MR. HATIN-I think its four thousand gallon, forty-five hundred gallons... COUNCILMAN MONTESI-So we are stepping forth here and saying not only are we going to vary the size of the holding tank but we're going to vary, we're going to make an exception to putting it on the lake. MR. HA TIN-This is an unique system. COUNCILMAN KUROSAKA-Ron we went through this all with the public, we're not going to do it again. COUNCILMAN KUROSAKA-We also sat here George, the last month and argued about what an environmental impact is in a sensitive area around Glen Lake is and we're just going to willy nilly throw this thing out. This is a serious thing because we're going to set a presidence for the rest of Glen Lake. Why shouldn't somebody else have a problem like that. MR. HA TIN-You will see a lot more holding tanks on Glen Lake, there is no doubt about it. You have an unique circumstance here, you have two separate systems... SUPERVISOR BORGOS-In theory and probably in practice the holding tank would be better than any type of septic system because it will allow nothing to go into the ground. MR. HA TIN-This is a fiberglass holding tank, not cement, because they could not get any cement in there... TOWN CLERK DOUGHER-It's been kept open. COUNCILMAN MONA HA N-Steve, Darleen said that the public hearing was kept open. SUPER VISOR BOR GOS-I t was kept open? TOWN CLERK DOUGHER-Yes. 3� SUPERVISOR BORGOS-Betty, your memory is very good. MR. HATIN-The alarm system is in, I checked that today. The only I haven't checked to see if there is a 1.6 toilet... SUPERVISOR BORGOS-Mr. Powell, would you come up so that we can ask you a couple of ques tions. GLENN POWELL-We're talking about my lot here. SUPERVISOR BORGOS-When you were lost here, you talked about installing a holding tank. Could you tell us what date you put it in and how often you've pumped it since then? MR. POWELL-Six weeks we've had the tank, I don't know what date it was. I have not had people in for a month and it is not really a year round establishment. It is a year round establishment if 1 rent it as such, there wasn't people in there for about two months. But I had it pumped out and I'd say probably every six weeks I may have to have it pumped out. SUPERVISOR BORGOS-Does it take the full thousand gallons at that point? MR. POWELL-No, no, this is at half. Dave has got me set up on an alarm system where it is at a half and now with the new system today it was finalized with Rozell's Plumbing put in the unit that shuts the water off, with a ...valve there and I have no idea, I'd say it be six weeks before it gets up to that point. SUPERVISOR BORGOS-So you have an alarm system and an automatic shut-off so you can't use the water, so that kind of forces you to have it pumped. MR. POWELL-Yes. The system, I put the fiberglass tank in and that was about six weeks ago. SUPERVISOR BORGOS-Just for the record I guess, let me ask you, Mr. Sweet wrote a letter to you saying it would cost you 25 to 35 thousand dollars to install a system that would conform? MR. POWELL-Right. SUPERVISOR BORGOS-!s that something you could afford to do? MR. POWELL-If need, yes. SUPERVISOR BORGOS-Someone in the back just said no. MR. POWELL-That probably be my wife. If need by, I sure would. SUPERVISOR BORGOS-Anyone else have any questions? AIR. POWELL-I would have to have a right-of-way across Dr. O'Keefe to do this. SUPERVISOR BORGOS-In order to get to it. I've been to the property. They're saying you can't reasonably do it from down below. MR. POWELL-No. SUPERVISOR BORGOS-It's an elevation of probably twenty feet, thirty feet. It's quite a ways up. MR. POWELL-To the top it's sixty feet. SUPERVISOR BORGOS-Sixty feet. It's further than I thought. Okay. COUNCILMAN MONAHAN-Steve, I'm just asking a question for information. Lots of times when people have a summer residence they shut their water right down. What does that do to these alarm systems and the automatic shut-off to the water? Does it have any bearing or any affect when you go to plug it back up or anything? MR. HA TIN-They shouldn't if it's installed properly, its-an electronic system, it shouldn't... COUNCILMAN MONAHAN-You mean if I can draw everything down in the fall and I start up in the spring, it shouldn't ... MR. HA TIN-No, because what you are looking at is just sensing units in the time that go to 3l0 the alarm system. SUPERVISOR BORGOS-Is that connect to a flow of some sort? MR. HA TIN-Yes. SUPERVISOR BORGOS-Any further comments from the public? Hearing none, we'll close the public hearing. PUBLIC HEARING CLOSED 7:20 P.M. RESOLUTION APPROVING VARIANCE REQUEST OF GLENN E. POWELL r RESOLUTION NO. 44, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Glenn E. Powell previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically, those requiring that a 4 bedroom home must have a holding tank with a capacity of 4,000 gallons, and WHEREAS, Glenn E. Powell also previously filed a request for a variance from other certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring a 50' setback from a stream, lake or water course, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance request on August 8, 1989, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOL VED, that the Town of Queensbury Local Board of Health grants a variance to Glenn E. Powell, allowing a 1,000 gallon holding tank for year round purposes and granting a 45' separation from Glen Lake, and finds as follows: a. that there are special circumstances or conditions which justify allowing the year round 1,000 gallon holding tank in that there is a preexisting system servicing a part of the residence upon the premises and the lot size is too small to accommodate the 4,000 gallon tank required, and b. that there are special circumstances or conditions which justify allowing the 45' separation from Glen Lake in that the lot size is too small to accommodate the 50' distance required, and c. that due to the nature of the variances, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury. d. that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant, and e. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. { Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ADJOURN THE QUEENSBUR Y BOARD OF HEALTH RESOLUTION NO. 45, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Queensbury Board of Health hereby adjourns and enters into Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None QUEENSBUR Y TOWN BOARD PUBLIC HEARING - TEMPORARY MOBILE HOME PERMIT- HAROLD NASH NOTICE SHOWN SUPERVISOR BORGOS-Now we have a public hearing dealing with a mobile home, temporary permit for a mobile home, Harold Nash. Anyone here representing the Noshes? SHIRLEY NASH-There is a mistake on here, it's says temporary and it's not supposed to be temporary, it's supposed to be permanent. SUPERVISOR BORGOS-It's supposed to be permanent-? Are we aware of this change? A T TOR NE Y D USEK-A question came up on that and my office investigated it through, Sue was helping Dave, I guess Dave was contacted, and it looks like they're applying for a permanent mobile home site here. So the Board should be aware of that and I have also revised the resolution to reflect that as of tonight. SUPERVISOR BORGOS-1 have nothing here that says temporary. ATTORNEY DUSEK-1 wasn't aware of that either until. COUNCILMAN MONAHAN-It was on the application. SUPERVISOR BORGOS-It was on the application but it's not on the resolution, the resolution doesn't say temporary. A T TOR NE Y D USEK-Because I revised it for you. TOWN CLERK DOUGHER-They also paid only a temporary fee. They didn't pay for the full. AT TOR NE Y D USEK-Darleen advised me we may have just another small problem and that is that they paid for a temporary, the fee they paid was for a temporary site and not a full or permanent site too so that will have to be adjusted. SUPERVISOR BORGOS-Just for the record, what's the difference in fee? TOWN CLERK DOUGHER-I think it is fifteen between the two. SUPERVISOR BURGOS-Fifteen Dollars. COUNCILMAN MONAHAN-Is there going to a problem in your publication in the public hearing because you publicized for a temporary mobile home? TOWN CLERK DOUGHER-I was just reading it, that's what I was checking. No it was just advertised, oh, no, it was advertised as temporary. I was told it was a temporary one. ATTORNEY DUSEK-That will make a difference then if it was advertised that way. COUNCILMAN MONTESI-When we reviewed this the last time, it seemed that there was '-' some sense of urgency. SUPERVISOR BORG OS-This was a fire situation. COUNCILMAN MONTESI-A fire situation and what we're trying to do was to be helpful and I think all of the Board heard the word temporary and said, what these folks need to do is to get a mobile home into this site on a temporary basis until they rebuild their house. I think that is why there wasn't an awful lot of discussion, we just said, how quickly could we respond. think this does change some things in everybodies mind that we want to look at a little bit closer I guess and legally what you advertised. ATTORNEY DUSEK-If they legally advertised temporary, that is a significant enough change that you'd have to readvertise for a permanent. SUPERVISOR BORGOS-The law doesn't allow us an awful lot of flexibility here. Do you have a place to live at the moment? MRS. NASH-Yes, we're living across the street at my ...house. SUPERVISOR BORCOS-Okay, what is the quickest we could readvertise and hold another public hearing? ATTORNEY DUSEK-I believe it's a ten day notice period or so, right around that time frame. SUPERVISOR BORGOS-We wouldn't have time for our next Town Board meeting, next Monday. ATTORNEY DUSEK-No, it would have to be the next one after that. SUPERVISOR BORGOS-Was this an existing mobile home that burned? MRS. NASH-No, it was a house. COUNCILMAN MONTESI-This is zoned for it then? MR. HA TIN-No it's not, that is why she is here. SUPERVISOR BORGOS-So really we're going to need a zoning change? MR. HA TIN-No. She has received a variance already from the Zoning Board of Appeals. SUPER VISOR BOR GOS-She has? MR. HA TIN-Yes. So the variance has ...this is another formality Mrs. Nash has to go through... We're just talking about this, if the Board could agree to a temporary placement, readvertise to go for permanent, that way you would allow her to move the trailer in. There shouldn't be a problem. COUNCILMAN POTENZA-Mrs. Nash, is this going to be your permanent home? MRS. NASH-Yes. COUNCILMAN POTENZA-So you're not going to rebuild the house that is on the lot now? MRS. NASH-No. COUNCILMAN POTENZA-You are going to live in the mobile home? MRS. NASH-Yes. SUPERVISOR BORGOS-Okay, I wasn't aware of the Zoning Board of Appeals action. COUNCILMAN MONTESI-If we have a Zoning Board of Appeals action already saying that this site is suitable for a mobile home on a permanent basis, we've advertised for a temporary, why don't we give the temporary now, vote on that and then readvertise ... SUPERVISOR BORGOS-It seems like a remarkably good idea. Anyone else has anything to say, for or against. If not, we'll call this public hearing to a c lose. PUBLIC HEARING CLOSED 7:30 P.M. RESOLUTION APPROVING APPLICATION FOR A TEMPORARY MOBILE HOME BUILDING & ZONING PERMIT RESOLUTION NO. 525, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, Harold Nash and Shirley Nash have previously filed an application for a temporary mobile home building and zoning permit in accordance with Paragraph 2, Section 4, of Ordinance No. 72 of the Town of Queensbury at the property located at Sanders Road and a copy of 3J,3 said ordinance is attached hereto, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the permit application on September 25, 1989, and WHEREAS, pursuant to Ordinance No. 12, of the Town of Queensbury, the Town Board is authorized to determine said applications and to grant permits for the placing of mobile homes outside mobile home parks, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury has reviewed the application of Harold Nash and Shirley Nash for a building and zoning permit to place a temporary mobile home outside a mobile home park, and BE lT FURTHER RESOL VED, that the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA and said Town Board hereby finds that the action about to be undertaken by this Board shall not result in any adverse impacts and hereby approves the completed and proposed Part Il & ill of the Environmental Assessment Form and BE IT FURTHER RESOL VED, that the Town Board has determined that a hardship and/or extenuating circumstances have been sufficiently proven to exist, and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury hereby approves and grants a temporary mobile home building and zoning permit to Harold Nash and Shirley Nash, in accordance with Ordinance No. 12. Duly adopted this 25th day of September, 1989, by the following vote; Ayes: Mr. Kurosako, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None (Copy of ordinance on file in Town Clerk's Office) OPEN FORUM CHARLIE ADAMSON, Assembly Point-Spoke to the Board regarding the Lake George Park Commission Regulations on Wastewater Management. Made suggestions for the regulating and controlling septic systems in the Lake George Basin. FRED ALEX Y, Cleverdale-Noted a substantial increase in pedestrian and bike traffic on the Cleverdale Road. Would like to make request that the Town put in a four foot bikeway and pathway along the road from Fielding Lane to Route 9L. Would like to present petition with 137 names. (filed with Town Clerk) PA UL NA YLOR, Highway Superintendent-Noted that the Road was recently paved and it was difficult to obtain 18, 19, 21 inches. Recommend that the four feet be deeded and a// on one side of the road. Noted that there are some legal steps that the Board should consider. COUNCILMAN MONA HA N-Asked Lee York if her office could look at the tax map and see who the owners are of the property along the road in that area. Mrs. YORK, Senior Planner-Agreed. DOROTHY BUR NA HM, Boulderwood Drive-Pertaining to the litigation regarding the Harris property on Pickle Hill Road, urge the Town Board to consider an appeal, seriously and urgently, get this resolved quickly, efficiently and justly. SUPERVISOR BORGOS-Noted that this is a matter for Executive Session, litigation that has been ongoing for some period and it is scheduled to be discussed this evening. PAUL DAVIDSON, Pickle Hill Road-Referred to Harris case and noted that he filed his response to the situation with the Board and would like them to consider it. PLINEY TUCKER, Ward 4-Questioned the openings on the Planning Board. SUPERVISOR BORG OS-No ted that there were two letters of resignation received and an opening due to a member whose term was up on the Planning Board and one vacancy on the Zoning Board of Appeals due to a member whose term was up. MR. TUCKER-Noted that there should be a balance of representation on the Board through out the Town. RALPH CELESTE, 345 Ridge Road-Would like update on the sewer assessment for my property. COUNCILMAN MONTESI-Noted it was the whole east side of Ridge Road and that there are some parcels that are land locked. SUPERVISOR BORGOS-Noted that our Attorney is working on a new sewer rent law that would take into consideration your concern and the concerns of your neighbors. ATTORNEY DUSEK-We've had a few meetings, put together a committee and looked at this problem. Through the assessor's office a complete outline was done of the various parcels that have landlocked problems that have vacant acreage. We've gathered all of this information, including the total financial aspects of the district, and presently Kathleen Kathe is presently doing various calculations to see what type of arrangements can be made for billing purposes for these particular lots. Presently playing with formulas and numbers, hope to have something to present to the Town Board within the next couple of weeks. COUNCILMAN MONTESI-Suggest that Mr. Celeste give his name and address of parcel to Kathleen Kathe, so that when the legal aspect is done, we can address your particular situation and get back to you with the ramifications. Questioned Paul Dusek on a resident on Fort Amherst Road, who is in the Town of Queensbury but he is hooked to the Glens Falls sewer district. He has been hooked to the sewer district prior to the establishment of a sewer district and the neighbor next door who built a new house, some situation, same lateral, she is exempt and he is not. ATTORNEY DUSEK-If that is the case, everybody should be treated equally and that we -- should work to put them into the same category. Would like to get their name and start from there. GILBERT BOEHM, Dunham's Bay-Referred to an inspection survey of the North Queensbury marinas conducted by Bill Craine, Mr. Hatin, Dr. Evans, and Mr. Olson at the beginning of the season. Noted that there was a report done stating that there were two marinas lacking spill prevention methods for their gasoline tanks and that nothing has been done. Questioned the reasoning for this. MR. HA TIN, Director of Building & Codes-During the inspection Mr. Craine pointed these out and as I understood it, they are Park Commission regulations, not Town of Queensbury nor New York State Regulations. We have nothing that requires spill control for the marinas. Noted that the only way we can regulate marinas at this time is through zoning. SUPERVISOR BORGOS-Could it be a DEC regulation statewide? MR. HA TIN-Possibility but not enforceable by the Town. Noted that this is an existing system, which I believe would be grandfathered. SUPERVISOR BORGOS-Would you check to see what the Park Commission regulations are exactly and report back to this gentleman. MR. HATIN-Yes. MR. BOEHM-Spoke with Lieutenant Craine who stated that he had no regulations for that either. It seems that somebody should create a regulation relative to that. Do you have any control of marinas? SUPERVISOR BORGOS-We have some and we are going to be revising some of our rules and regulations. There is nothing in place right now but you have brought it to our attention and it something we can look into. ATTORNEY DUSEK-Legally there is a certain amount of grandfathering that is always mandatory. Noted that he will be submitting to Dave a new proposed local law to supersede the current 3i t) ordinance we have implementing the uniformed building and fire code. There may be something in there that would help or it maybe something we could consider, but preexisting systems, they do have certain rights. SUPERVISOR BORGOS-We appreciate you coming in and we will follow up. COUNCILMAN MONA HA N-Steve, perhaps this is something you could bring up at the County Lake George Affairs Committee. SUPERVISOR BORGOS-I'll make a note, it will be brought to the Lake George Affairs Committee. LEE YORK, Senior Planner-Would like to know if the Board would like to make some action on the Stormwater Report that I sent you or make some kind of comments to the Park Commission on that? Agreed by the Town Board to forward the report in support of a Town Board resolution. RESOLUTION APPROVING COMMENTS ON LAKE GEORGE COMMISSION MODEL STORMWA TER ORDINANCE RESOLUTION NO. 516, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Senior Planner, Lee York has reviewed the proposed Storm Water Management Model Ordinance proposed by the Lake George Park Commission and has offered comments dated September 12, 1989, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves of the comments made by Lee York and also concurs with the comments and hereby directs that Lee York forward these comments to the Lake George Park Commission and be it further RESOL VED, that the comments offered by Lee York the Town Senior Planner entitled Report on the Lake George Commission Model Stormwater Ordinance will constitute the official Town Board comment on the proposed regulations. Duly adopted this 25th day of September, 1989, by the following vote: --- Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Mr. Naylor, Mr. Flaherty and Mrs. York all present and requesting the Board to consider hiring an onsite engineer inspector for projects through out the Town of Queensbury. Concerned that the plans for the projects are not being properly implemented and that there are too many mistakes that are being made. A suggestion made for the possibility of requiring an onsite inspection and certification by the developer. Was made note that the Town of Colonie uses this method, that they have a list of Town approved engineers for the developer to choose from and that engineering firm has someone on site the entire length of the job. Mrs. York noted that she has a copy of the codes for the Town of Colonie. Discussion held by the Board. Concerned with the expense of hiring an in house engineer and the burden on the tax payers and that one person would not be able to handle all of the jobs for all departments within the Town. Board agreed that onsite inspections are needed but unsure of the mechanism that would be most efficient for the Town. Councilman Monahan made suggestion that the Departments take notes when they find situations where they could use this type of person. Councilman Montesi requested more information on the methods of the Town of' Colonie. BARBARA BF_NNETT, Dixon Road-Questioned whether the Town would be flushing the water hydrants this fall. RALPH VANDUSEN, Deputy Superintendent of Water Department-Everything that is supplied by the Queensbury water district was flushed this spring, The West Glens Falls water district purchases it's water through the City of Glens Falls and Glens Falls did not have the water available in the spring to flush, so they didn't flush their system and we couldn't flush the West Glens Falls system. The water became available, Glens Falls has cleaned out their system, so we will be flushing just West Glens Falls tomorrow and the next day. 3iC� OPEN FORUM CLOSED 8:50 p.m RESOLUTIONS RESOL UTION TO APPROVE MINUTES RESOLUTION NO. 527, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Minutes of August 22nd and September 14th, 1989. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 528, Introduced by George Kurosaka who moved for its adoption, seconded by Stephen Borgos. WHEREAS, certain Departments in the Town of Queensbury wish to transfer funds because of a lack of funds in certain accounts, and WHEREAS, the Town Supervisor of the Town of Queensbury has reviewed the Departments' requests for transfers of certain funds and has approved the same, NOW, THEREFORE BE IT RESOLVED, that the following funds be transferred in the following manner: Landfill From: J12658160204 To: J72658160481 $12,000.00 (Heavy Equipment) (Equipment Rental) From: J12658160477 To: J12658160411 5,000.00 (Dozer Repairs) (Vehicle Repairs) From: J12658160477 To: J12658160468 5,000.00 (Dozer Repairs) (Loader Repairs) Fire Marshall From: A 1753410409 To: A 1753410471 $400.00 (Conference) (Vehicle Rep. & Main.) From: A 7753410409 To: A 1753410440 300.00 (Conference) (Misc. Contractual) From: A 1753410482 To: A 1753410418. 150.00 (Uniforms) (Dry Cleaning) From: A 1 75 34 10440 To: A 1753410200 200.00 (Misc. Contractual) (Equipment) Accounting From: A 045 1220 1 10 To: A0451220178 $5,000.00 —� (Sr. Acct. Clerk) (Principal Acct. Clerk) Planning Department From: A 2258020.440 To: A2258020.401 500.00 (Misc. Contractual) (Office Supplies) Building 3)7 From: A 2158010420 To: A2758010440 500.00 (Zoning Insurance) (Mist. Contractual) Wastewater From: S63858130440 To: 563858130200 500.00 (Hiland Park Sewer (Hiland Park Sewer Contractual) Equipment) Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None L RESOLUTION TO ESTABLISH CAPITAL PROJECT FUND FOR THE CONSOLIDATED WATER DISTRICT- QUAKER ROAD WATER TRANSMISSION MAIN PROJECT RESOLUTION NO. 529, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, by resolution no. 333 and dated June 13, 1989, the Town Board of the Town of Queensbury authorized, on behalf of the Queensbury Consolidated Water District, an improvement to the Quaker Road Water Transmission Main, and by resolution no. 334 and dated June 13, 1989, authorized the issuance of serial bonds and bond anticipation notes to finance the said improvement up to the amount of $1.5 million dollars, and WHEREAS, the said Town Board is desirous of establishing a capital project fund and budget for the improvement to the said water transmission main, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby establishes a capital project fund for the improvement to the Quaker Road Transmission Main, and hereby establishes appropriations in said capital project fund in the amount of $1.5 million dollars, and the said Town Board establishes estimated revenue for said project fund, to come from the sale of bonds, in the amount of$1.5 million dollars, and BE IT FURTHER RESOL VED, that the Town Supervisor be and hereby is authorized to: 1. assign a capital project fund accounting number to said fund; 2. establish fund account numbers and line items based on individual contracts let, and as he deems appropriate for depositing and expending funds, and reviewing an accounting for such deposits and expenditures; 3. deposit all monies received from the sale of bonds or bond anticipation notes into said capital project fund; 4. pay from said fund, subject to Town Board audit, all costs associated with said improvement to the water transmission main, including engineering costs, survey costs, construction costs, and other usually associated expenses, and BE IT FURTHER RESOL VED, that the Town Supervisor is hereby authorized and directed to establish a separate bank account for the aforedescribed capital project fund, and BE IT FURTHER RESOLVED, that to the extent necessary, the Town of Queensbury budget for 1989 is hereby amended accordingly. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO. 530, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury is eligible for funds from the New York State Division for Youth, and WHEREAS, Harold R. Hansen, Director of Parks and Recreation, has prepared application for the total amount of monies which the Town of Queensbury is applying for in the year 1990 for recreation funds in the amount of $18,500.00 for the administration, supervision and operation of year round recreation programs and activities, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs Stephen Borgos, Supervisor, to sign the funding application for submission to the New York State Division for Youth. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOL UTION TO AMEND BUDGET RESOLUTION NO. 531, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. WHEREAS, during 1989 the Town Attorney's Office paid to General Code Publishers, Corp., $3,500.00, (and has received an additional bill in the amount of $5,250.00) from the Town Attorney Miscellaneous Contractual Account No. A 1151420440, for the purpose of codification and supplementation of the Town of Queensbury legislation, and i WHEREAS, both of the said bills were to have been paid with surplus funds, pursuant to Town Board resolution no. 81, dated January 31, 1989, and WHEREAS, during 1989 the Town Attorney's Office also paid to the law firm of Nixon, Hargrave, Devans & Doyle, $12,046.52, from the Town Attorney Miscellaneous Contractual Account No. A 1151420440, for litigation expenses, and said monies were returned to the General Fund, rather than to the Town Attorney Miscellaneous Contract Account, from Earltown Corporation, and WHEREAS, the Town Attorney has requested that funds be increased in the Town Attorney Miscellaneous Contractual Account No. A 1151420440, to cover the aforesaid expenditures, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Town of Queensbury 1989 budget to increase the appropriations in account number A 1151410440, Town Attorney Miscellaneous Contractual, in the amount of $20,796.52, and increase appropriated fund balance account number A3310599 in the amount of $20,796.52, and BE IT FURTHER RESOL VED, that the said Town Board resolution no. 81 and dated January 31, 1989, requiring payment of the General Code Publishers, Inc., fees from surplus be amended and revised such that payment of the General Code Publishers, Inc., bills be paid from the Town Attorney Miscellaneous Contractual Account No. A 1151420440. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING CONTRACT WITH NEW YORK FIRE AND SIGNAL CORPORATION RESOLUTION NO. 532, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald h4ontesi. WHEREAS, the Town of Queensbury is desirous of engaging the services of New York Fire & Signal Corporation for purposes of arranging for the repair and replacement of traffic control devices and components thereof as may be necessary and desirable by the Town of Queensbury, and WHEREAS, New York Fire & Signal Corporation desires to offer to the Town of Queensbury the services of repairing and replacing all traffic control devices and components thereof as may be necessary and desired by the Town of Queensbury, and WHEREAS, a contract for said services with New York Fire and Signal Corporation has been prepared, and WHEREAS, the aforesaid contract has been reviewed and approved by the Town Attorney of the Town of Queensbury, and said contract is presented to this meeting, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves and the Town Supervisor is hereby authorized and directed to execute the contract for services with the New York Fire and Signal Corporation, and said contract shall be filed with the Town Clerk of the Town of Queensbury. COUNCILMAN MONA HA N-Concerned with the insurance coverage and response time. ATTORNEY DUSEK-Would like time to research and work out details. RESOLUTION TO TABLE RESOLUTION NO. 532 OF 1989 RESOLUTION NO. 533, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury hereby Tables Resolution No. 532 of 1989, titled "RESOL UTION A UTHORIZING CONTRACT WITH NEW YORK FIRE AND SIGNAL CORPORATION". Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING WATER DISTRICT AGREEMENT REGARDING BEDFORD CLOSE WATER DISTRICT EXTENSION RESOLUTION NO. 534, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury has approved and authorized an extension to the Queensbury Consolidated Water District, such extension to be known as the Queensbury Consolidated Water District - Bedford Close Extension, and WHEREAS, an agreement has been presented to this meeting which agreement has been executed by Northern Homes, Inc., the developer, and which agreement sets forth the costs of the Water District Extension to be borne by the developer, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to sign and execute the aforesaid Agreement on behalf of the Town of Queensbury and the Queensbury Consolidated Water District. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan Abstained. Mr. Kurosaka RESOLUTION TO HIRE ACCOUNT CLERK RESOLUTION NO. 535, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Director of Accounting has requested the establishment of the position of Account Clerk to assist with the daily functionings in the Accounting Office, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Section 20 of the Town Law, hereby creates the position of Account Clerk in the Accounting Office, and BE IT FURTHER RESOLVED, that Ms. Connie Gebo is appointed to the position of Account Clerk, at an amount of $6.76 per hour, and will commence work on a date to be determined in the future. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO REFUND PAYMENT CENTRAL QUEENSBUR Y SEWER DISTRICT RESOLUTION NO. 536, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, payments were requested of property owners within the Central Queensbury Quaker j Road Sewer District in January, 1988, for the first time, and —1 WHEREAS, such payments were based on information available at that time, and WHEREAS, the method of payment for participation in said Sewer District was amended by the Sewer Rent Law of 1989, and amendments thereto, following public hearings, and WHEREAS, several parcels have been removed from participation in this Sewer District, and WHEREAS, several parcels have previously paid for participation in 1988 and 1989, and many of those property owners had been promised refunds of said payments if the properties in question were determined to be withdrawn from participation, and WHEREAS, the Town Board of the Town of Queensbury, acting on behalf of said Sewer District, wishes to respond fairly to the request of said property owners, NOW, THEREFORE BE IT RESOL VED, that the full amount of the payments made by said property owners in 1988 and 1989 for participation in said Sewer District be refunded. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None v Absent: None / RESOLUTION TO HIRE ASSISTANT PLANNER C q RESOLUTION NO. 537, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Planning Department has requested the establishment of the position of Assistant Planner to assist with the daily functionings in the Town Planner's Office, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury, pursuant to Section 20 of the Town Law, hereby creates the position of Assistant Planner in the Town Planner's Office, and BE IT FURTHER RESOLVED, that Mr. Stuart Baker is appointed to the position of Assistant Planner at an amount of $18,500.00 per year, and will commence work on October 2, 1989. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPROVE SPECIAL AUDIT RESOLUTION NO. 538, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Special Audit of Bills showing on abstract September 26, 1989, numbering 3220 and 3221 and totaling $273.00 be and hereby is approved. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr.. Borgos Noes: None Absent: None RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 539, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby ajourn and enter Executive Session to discuss Personnel and Litigation matters. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ENTER REGULAR SESSION RESOLUTION NO. 540, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session and enter Regular Session. - Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO AUTHORIZE COMPLAINT ON EQUALIZATION RATE 3� RESOLUTION NO. 541, Introduced by Betty Monahan who moved for its adoption, seconded by George Kurosaka WHEREAS, the Town Board of the Town of Queensbury has been notified that the State Board of Equalization & Assessment has established a tentative equalization rate for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury desires to file a complaint concerning the equalization rate established for the Town of Queensbury by the State Board of Equalization & Assessment, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute the complaint presented at this meeting and to take all actions necessary to file said complaint and seek a readjustment of the said equalization rate. J Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 542, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, Victor Macri has submitted his resignation from the Queensbury Planning Board, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury accepts the resignation of Victor Macri with regret and appreciation for all the time and effort he put forth in his service on the Planning Board. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ACCEPT RESIGNATION _RESOLUTION NO. 543, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Frank DeSantis has submitted his resignation from the Queensbury Planning Board, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury accepts the resignation of Frank DeSantis with regret and appreciation for all the time and effort he put forth in his service on the Planning Board. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING AUTHORITY TO MAKE FIELD CHANGES RESOLUTION NO. 544, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Superintendent of the Water Dept. Thomas Flaherty has advised the Town Board that during the course of construction of the Quaker Road Water Transmission Main, it has been and is advisable to make minor field changes to the pipes and specifications for the pipes being laid for the water main, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby gives the authority to Thomas Flaherty Supt. of Water to make such minor field changes as he deems proper during the course of construction for purposes of economy and efficiency in the installation of the pipe. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING WITHDRAWAL OF APPEAL AND ACQUISITION OF TRANSCRIPT _RESOLUTION NO. 545, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the the Town of Queensbury has previously authorized the filing of a Notice of Appeal in connection with certain litigation involving the Town of Queensbury and Keith Harris NOW, THEREFORE BE IT RESOI VFD, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to withdrawn said Notice of Appeal and be it further RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to purchase the transcript of the trail for which the Notice of Appeal was served, and be it further RESOLVED, that the purchase of the transcript shall be paid for from the Town Attorney's contractual account. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 546, Introduced by Marilyn Potenza who moved for it adoption, seconded by George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby enter into Executive Session to discuss personnel and the possibility of hiring a firm for professional services. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ENTER REGULAR SESSION RESOLUTION NO. 547, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. RESOL VED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session and enter into Regular Session of the Town Board. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Paul Dusek, Town Attorney reported that he will accompany Lee York, Town Planner to the Adirondack Park Agency hearing on the D.A. Collins gravel extraction proposal at Patten Mills Road in the Towns of Fort Ann and Queensbury. RESOLUTION AUTHORIZING EXPERT WITNESS RESOLUTION NO. 548, Introduced by Ronald Montesi who moved for its adoption, seconded J by George Kurosaka. WHEREAS, Mr. Paul Dusek, Town Attorney for the Town of Queensbury, advised that the Town could use on expert witness on noise and visual impact and could pay an appropriate portion of the bill for the expenses of the expert, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Paul Dusek to pay up to $1,000 for on expert witness regarding potential noise and visual impact of the gravel extraction project who will be paid directly by the Town. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO AUTHORIZE PLACEMENT OF STREET LIGHTS RESOLUTION NO. 549, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the placement of street lights at the intersection of Old Mill Lane and Dixon Road and the intersection of Tiffany Lane and Dixon Road. Duly adopted this 25th day of September, 1989, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. A-lontesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBUR Y