1989-02-14 105
TOWN BOARD MEETING
REGULAR MEETING
FEBRUARY 14, 1989
4:48 P.M.
BOARD MEMBERS PRESENT:
Supervisor Borgos
Councilman Marilyn Potenza
Councilman Ronald Montesi
TOWN ATTORNEY
Paul Dusek
MEMBERS ABSENT:
Councilman Betty Monahan
Councilman George Kurosaka
PRESS:
Glens Falls Post Star
WENU
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA
OPEN FORUM
ELEANOR BACKON-331 Ridge Street, Sewer District. Ouestion's bill received for part of
her property. The property sets back 200 feet from Ridge Road, has no water. The land in
question is 1.9 acres of back land has never received a water bill on it. The bill received is
$431.00 which she feels is out of reason. Question's another piece of her land on Ridge Road,
this piece of property has no water, pays no water on this piece of land which is 74 by 200
feet, the bill on this piece is $31.94.
SUPERVISOR BORGOS-The reason for that one parcel being assessed so high is because of
the formula that is used which is 1/3 of the total to he raised for the district based on the
acreage of the district, 1/3 based on the assessed valuation of the district, and 1/3 based on
on water consumption,whereas, a year ago everything was based strictly on assessed valuation.
The new sewer rent law which took effect this year after the public hearings indicated that
going back to the original recommendation of the engineer's in 1984 or 1985 when the sewer
district was approved the formula really should be 1/3rd, 1/3rd, 1/3rd, rather than assessed
valuation. So last year if that property was assessed at $1,000.00 you would have paid very
little for it because it was based on the assessed valuation of the property, now when you take
into consideration the new law which puts more of the weight on the size of the property all
of a sudden your 1.9 acres becomes valuable in terms of what the sewer rent would be for
that even if it's back land it's included in the sewer district. The only answer I have for you
is that in your particular case the sewer bill is up because of the acres involved and that's
the formula that was adopted and approved throughout the entire district. I like to recommend
that we research this a little bit further even check into the concern about the fact of whether
it's buildable or not. We want to treat everyone fairly, we will do the best that we can to review
it be sure the measurements are right and check everything we possibly can related to it and
get back to you.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 98. Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
RESOLVED, that the minutes of the Queensbury Town Board of November 27, 29, 1988 and
December 29, 1988 and January 10, 17, 1989 and February 6, 1989 are hereby approved.
Duly adopted by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO ACCEPT RESIGNATION
106
RESOLUTION NO.99 Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi:
WHEREAS, Mr. Thomas Gianetti has submitted to the Board of Directors of the Queensbury
Economic Development Corporation his letter of resignation, NOW, THEREFORE BE IT
RESOLVED, to accept Mr. Gianetti's resignation from the QEDC with regret and sincere
appreciation for the time and energies put forth by Mr. Gianetti during his term on the Board
of Directors.
Duly adopted by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos.
NOES:
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO SET PUBLIC HEARING ON SEWER RENT LAW
RESOLUTION NO. 100,Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the Sewer
Rent Law previously adopted by the Town Board on January 17, 1989, by resolution no. 50,
1989, by amending Article 3 thereof to add a new section 4 establishing when sewer rents will
not be charged, and by amending Section 1, paragraph A to include a credit on the Sewer Rent
charge for wetland areas designated under the Environmental Conservation Law, and
WHEREAS, a copy of the proposed, amended Sewer Rent Law with the aforementioned
amendment and all original provisions has been presented at this meeting, and
WHEREAS, it is necessary to hold a public hearing with regard to the proposed amendment
to the Sewer Rent Law,
NOW, THEREFORE, BE IT
RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury on
the proposed, amended Sewer Rent Law presented at this meeting on February 28, 1989 at
4:30 P.M., in the meeting room of the Queensbury Town Offices, Bay and Haviland Roads,
Queensbury, Warren County, New York, at which hearing parties in interest and citizens shall —°
have an opportunity to be heard as to whether the Sewer Rent Law, as amended, shall be adopted
by the Town Board of the Town of Queensbury, to include said new provisions, with the remaining
provisions of said Sewer Rent Law remaining unchanged, and the same as presently set forth,
and
BE IT FURTHER,
RESOLVED, that the Town Clerk for the Town of Queensbury is hereby authorized and directed
to publish Notice of the aforesaid public hearing at least ten (10) days prior to the time of
such hearing is to be held in the newspaper officially used by the Town of Queensbury for such
notices, and
BE IT FURTHER,
RESOLVED, that copies of the Sewer Rent Law as proposed to be amended, shall be made
available and inspection of the same may be had by the members of the public and other
interested parties at the Office of the Town Clerk for the Town of Queensbury, Town Office
Building, Bay and Haviland Road, Queensbury, Warren County, New York 12804.
Duly adopted this 14th day of February, 1989 by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
DISCUSSION HELD
TOWN CLERK-Requested to change on Page 2 of the Local Law, tinder Article III, Section
1., under A after the word expect please insert the word (that in), down two more lines after
Conservation Law, insert the word (where).
` 147
SUPERVISOR BORGOS-O.K. I have those corrections.
(PROPOSED LOCAL LAW ON FILE)
RESOLUTIONS TO SET PUBLIC HEARING IN PROPOSED AMENDMENTS TO ORDINANCE
NUMBER 28
RESOLUTION NO. 101,Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza:
WHEREAS, the Town Board of the Town of Queensbury has received requests to amend certain
provisions contained in Ordinance Number 28 of the Town of Queensbury to eliminate Fort
Amherst Road as a through highway and to provide a stop intersection at the intersection of
Fort Amherest Road and North Road, and
WHEREAS, the proposed amendments to Ordinance Number 28 have been prepared and are
annexed hereto, and
WHEREAS, this legislation was previously considered when residents of the Fort Amherst Road
area petitioned the Town Board of the Town of Queensbury, but not acted upon, as the City
of Glens Falls indicated that it would not agree to make the said intersection a 4-way stop
intersection, and
WHEREAS, the Board of Public Safety of the City of Glens Falls, by resolution no. 10, dated
February 6, 1989, has now granted permission to place a stop sign at said intersection on City
property, and
WHEREAS, the proposed amendment is worthy of consideration for legislative action,
NOW, THEREFORE, BE IT
RESOLVED, that a public hearing be held concerning the adoption of the proposed amendment
to Ordinance Number 28 and that the public hearing be held on February 28, 1989, at 4:30 p.
m., in the Town of Queensbury Office Building AJeeting Room, Bay at Haviland Roads, Town
of Queensbury, Warren County, New York, at which time all persons interested in the subject
of the proposed amendment will be heard, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury be hereby authorized and directed
to publish and provide such notice of the public hearing as may be required by law.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
ADIRONDACK SYSTEMS ASSOCIATES
RESOLUTION NO. 102,Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza:
WHEREAS, the Town Board of the Town of Queensbury has determined that the need exists
for updating services regarding all of the Town of Queensbury Finance applications, such
updating defined as a change to software currently owned by the Town of Queensbury, and
WHEREAS, Adirondack Systems Associates has offered to render such updating services to
the Town of Queensbury for a fee of $1,692.00, such agreement commencing on March 1, 1989
and ending on March 1, 1990, and
WHEREAS, a proposed agreement entitled "Software Maintenance Agreement" has been
presented to this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the offer of
Adirondack Systems Associates, to provided updating information on all of the Town of
Queensbury Finance
cos
Applications, such updating defined as a change to software currently owned by the Town of
Rueensbury, such services more fully set forth in the agreement presented to this meeting,
for an amount not to exceed $1,692.00, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor of the Town of Rueensbury is hereby authorized and
directed to execute the Software Maintenance Agreement presented to this meeting.
Duly, adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION AUTHORIZING AGREEMENT TO REMOVE SCRAP METAL FROM TOWN OF
RUEENSBURY-CITY OF GLENS FALLS LANDFILL
RESOLUTION NO. 103,Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza:
WHEREAS, by Town Board Resolution No. 65, 1989, the Town Board of the Town of Rueensbury
previously approved an agreement to be entered into between the Town of Rueensbury and
R. Brown & Sons, Inc., Mobil Car Crushers relative to R. Brown & Sons, Inc., collecting and
hauling away of scrap metal deposited or disposed of at the Town of Rueensbury-City of Glens
Falls Landfill, and
WHEREAS, since the time that the Town Board previously approved the agreement referred
to in said resolution, R. Brown & Sons, Inc., Mobil Car Crushers, has requested certain additions
and deletions from said agreement, and
WHEREAS, a new, proposed agreement is presented to this Board for adoption instead of and
in place of the agreement previously authorized by this Board, and
WHEREAS, a review of said agreement discloses that the new, proposed agreement is fair
and equitable in all respects and that it is in the best interest of the Town of Rueensbury to
enter into the proposed written agreement with R. Brown & Sons, Inc., Mobil Car Crushers,
NOW THEREFORE BE IT,
RESOLVED, that the previous resolution authorizing an agreement between R. Brown & Sons,
Inc., and the Town of Rueensbury relative to the collecting and hauling away of scrap metal
is hereby rescinded, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Rueensbury approve the new, proposed
agreement at this meeting in the present form thereof, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor of the Town of Rueensbury is hereby authorized to sign
the aforesaid agreement.
Duly adopted this 14th day of February, 1989. by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION RETAINING THE SERVICES OF NORTHEASTERN APPRAISAL ASSOCIATES,
INC. FOR APPRAISAL PURPOSES
RESOLUTION NO. 104, Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza:
WHEREAS, the Town Board of the Town of Rueensbury is desirous of retaining the services
of Northeastern Appraisal Associates, Inc., to appraise and report the market value of
log
certain property being used in connection with waste disposal operations of the Town of
Queensbury on Ridge Road, and
WHEREAS, Northeastern Appraisal Associates, Inc., has indicated it would provide such appraisal
work for an amount not to exceed $750.00,
NOW THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services of
Northeastern Appraisal Associates, Inc., for the purposes above stated, at an amount not to
exceed $750.00, and
BE IT FURTHER,
RESOLVED, that the bill for services shall be paid from the budgeted account.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION APPROVING STIPULATION WITH THE CITY OF GLENS FALLS
RESOLUTION NO. 105,Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi:
WHEREAS, the City of Glens Falls served the Town of Queensbury with a Notice of Claim
for damages which the City alleges to have been occasioned by reason of the enactment of
a Zoning Ordinance by the Town of Queensbury, and
WHEREAS, the Town Supervisor for the Town of Queensbury has stipulated with the Mayor
of the City of Glens Falls to temporarily stay any further legal proceedings in connection with
said Notice of Claim, pursuant to the terms of a certain stipulation which is presented at this
meeting, and
WHEREAS, the Town Attorney, Paul B. Dusek, has advised that the said stipulation creating
a temporary stay preserves the rights of the Town of Queensbury with respect to the said Notice
of Claim,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the
aforedescribed stipulation and hereby approves and ratifies the actions of the Town Supervisor
in executing said stipulation.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO ENTER INTO CONTRACT FOR PURCHASE OF WATER FROM CITY OF
GLENS FALLS FOR AND ON BEHALF OF WEST GLENS FALLS WATER DISTRICT
RESOLUTION NO. 106,Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi:
WHEREAS, in the past, water has been supplied to the West Glens Falls Water District in the
Town of Queensbury by the purchase thereof from the City of Glens Falls, and
WHEREAS, the existing contract for the purchase of water for and on behalf of the West Glens
Falls Water District from the City of Glens Falls has expired, and
WHEREAS, an agreement has been proposed for and on behalf of the West Glens Falls Water
District with the appropriate representatives of the City of Glens Malls for the purchase of
water to supply the West Glens Falls Water District, a copy of which agreement is annexed
hereto, and
Rio
WHEREAS, Paul B. Dusek, Town Attorney, has approved the form of the contract, and
WHEREAS, it appears that it would be in the best interest of the West Glens Falls Water District
to enter into the contract for the purchase of water under the terms and conditions specified
in the proposed contract,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the
West Glens Falls Water District, enter into a contract with the Board of Water Commissioners
of the City of Glens Falls under the terms and conditions set forth in the contract annexed
hereto, and
BE IT FURTHER,
RESOLVED, that the Supervisor of the Town of Queensbury be and he is hereby authorized
to execute said agreement with the City of Glens Falls for and on behalf of the Town Board
of the Town of Queensbury, acting for and on behalf of the West Glens Falls Water District.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO ENTER INTO AGREEMENT WITH COUNTY OF WARREN FOR LAW
ENFORCEMENT SERVICES
RESOLUTION NO. 107,Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury has previously contracted for police
protection within the Town of Queensbury's limits from the Warren County Sheriff's Department,
and
WHEREAS, the original law enforcement contract expired on December 31, !988, and
WHEREAS, The Town Board of the Town of Queensbury is desirous of continuing the arrangement
for police protection for an additional 3 years period at the stated consideration of $275,000.00
per annum, and
WHEREAS, a proposed contract presented at this meeting, sets forth all terms and conditions
of the proposed Agreement between the Town of Queensbury and the County of Warren relative
to said law enforcement services, and
WHEREAS, it appears that the proposed contract is fair and equitable in all respects and that
entering into such a contract with the County of Warren would continue to be in the best
interests in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the proposed
contract presented to this meeting and hereby agrees to enter into an agreement with the
Warren County Sheriff's Department as set forth in said proposed contract, and
BE IT FURTHER,
RESOLVED, that the Supervisor of the Town of Queensbury be hereby authorized to execute
said Agreement for law enforcement services between the Town of Queensbury and the County
of Warren on behalf of the Town of Queensbury.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
DISCUSSION HELD
SUPERVISOR BORGOS-(tape turned) $250,000 for about 4 years, this is to be compared with
what it was costing to operate our own Police Department many years ago and at the time
it was expanded I understand it was over $600,000 a year which was in addition to the Sheriff's
Department fee. A number of residents have indicated that they feel that we should be covered
totally for free under what we already pay the county as county tax and there is quite a bit
of merit to that other than the fact we get extra protection in the Town of Queensbury which
means we don't need our own police department. Without reopening that entire argument
which I was not a part I just like to say that I think its a reasonable fee and we are protected
for 3 years at this price.
COUNCILMAN MONTESI-I specifically Steve, it was one of the question that I asked 2 years
ago when I ran for election in my area what people thought of the police protection. Compared
to not having that police department, in no case did I find any of the constituents that I spoke
to having a problem with response time, increase concerns, or actually increase crime if you
will in their neighborhood . I felt very comfortable with what the sheriff was doing for us
in comparison to what the town had before in terms of cost effectiveness.
SUPERVISOR BORGOS-I believe we retained all but one of the people who had been with the
police department at that time so the same faces serving the same people on the same roads
seems to have worked very well and response has been exceptually good.
COUNCILMAN MONTESI-If anyone has any questions at all about the kind of service that
were being provided in Queensbury you can go up and look at the log book and take a look,
which I have done, and look at the number of cars that are on patrol in any given night or any
given hour in Queensbury and I think you will then feel more comfortable that the signing of
this agreement for $275 a year is certainly worth while to our town.
RESOLUTION AUTHORIZING CONTRACT WITH CRANDALL LIBRARY
RESOLUTION NO.108,Introduced by Marilyn Potenza who moved for its adoption, seconded
by Ronald Montesi:
WHEREAS, the 1989 Budget of the Town of Queensbury provides for the amount of $159,000.00
to be paid to the trustees of Crandall Library in return for which said Trustees will furnish
library services to the residents of said Town, and
WHEREAS, a proposed contract between the Town of Queensbury and Crandall Library for
said library services has been presented to this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the proposed contract between said Town and said trustees for furnishing
such services during the year 1989 is hereby approved, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract
on behalf of the Town, and that a copy of such contract duly executed shall be filed with the
Town Clerk.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION AUTHORIZING CONTRACT WITH MOUNTAINSIDE FREE LIBRARY
RESOLUTION NO.109,Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza:
WHEREAS, the 1989 Budget of the Town of Queensbury provides for the amount of $1000.00
to be paid to the trustees of Mountainside Free Library in return for which said Trustees will
furnish library services to the residents of said Town, and
WHEREAS, a proposed contract between the Town of Queensbury and Mountainside Free Library
for said library services has been presented to this meeting,
112
NOW, THEREFORE BE IT
RESOLVED, that the proposed contract between said Town and said trustees for furnishing
such service during the year 1989 is hereby approved, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract
on behalf of the Town, and that a copy of such contract duly executed shall be filed with the
Town Clerk.
Duly adopted by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos _
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
COUNCILMAN MONTESI-Questioned the if there has been any resolve to the boundary problem
between Crandall Lib. and Mt.Side?
SUPERVISOR BORGOS=The law establishing the Mt.Side Free Lib. gave it a section described
as being part of an election dist., that district no longer exists. Research is still underway
regarding this situation.
RESOLUTION TO RESERVE COMMUNITY PARTICIPATION IN THE NYPF/APA LOCAL
DEVELOPMENT INSTITUTE. AND REQUEST LOCAL PLANNING ASSISTANCE FUNDING
FOR PROGRAM DEVELOPMENT
RESOLUTION NO. 110, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Marilyn Potenza:
WHEREAS, the Town Board of the Town of Quensbury wishes to participate in a training institute
for the purposes of further enhancement of the local capacity to manage development and
plan for the future; and
WHEREAS, Chapter 53 of the Laws of New York State of 1989 authorizes State financial
assistance to Adirondack Park towns and villages for the implementation of the local land
use programs;
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of Town of Queensbury hereby designates the NEW YORK
PLANNING FEDERATION (in consultation with the NYS Adirondack Park Agency) as the
consultant to develop, coordinate and conduct the 1989 Local Development Institute to address
planning and development management issues; and
IT IS FURTHER
RESOLVED, that the Town Board of Town of QUeensbury requests that Adirondack Park Local
Planning Assistance funds be used for the development of the Local Development Institute
program, at a State share cost not to exceed a total of $4,000.00; and
IT IS FURTHER
RESOLVED, that the Town Board of Town of Queensbury will contribute a local share amount
of $180 to cover the costs of registration and program materials to allow up to six local
representatives to attend the 1989 Local Development Institute;
NOW, BE IT FINALLY
RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to enter into
an intermunicipal agreement with other participating communities for the purposes of carrying
out the Local Development Institute.
Duly adopted by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
X13
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO RETAIN SERVICES OF BARRY STROCK CONSULTING ASSOCIATES, INC.
RESOLUTION NO. Ill, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 424, 1988, retained
the services of Barry Strock Consulting Associates, INC., in connection with the establishment
and procurement and implementation of computerized data processing, for a fee not to exceed
$5,000.00 without further resolution by the Town Board of the Town of Queensbury, and
WHEREAS, Barry Strock Consulting Associates, Inc., has requested an increase in the total
-- amount to be paid, from $5,000.00 to $7,500.00, and
WHEREAS, a letter form agreement for the additional fee amount has been presented to this
meeting,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the total amount
to be expended in connection with the consulting contract with Barry Strock Consulting
Associates, Inc., to be increased from $5,000.00 to $7,500.00, and
BE IT FURTHER
RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and
directed to execute the letter form agreement presented to this meeting.
Duly adopted by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, I Irs. Monahan
RESOLUTION AUTHORIZING EMPLOYMENT OF ASSISTANT BUILDING INSPECTOR AS
ZONING ADMINISTRATOR
RESOLUTION NO. 112, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Director of Building and Code Enforcement, by previous resolution, was given
all powers of the Building Inspector and Zoning Administrator, as the same are set forth under
the Town Law of the State of New York and under Local Law, Local Ordinances, and Regulations
of the Town of Queensbury, and as such is required to administer and enforce the Zoning
Ordinance of the Town of Queensbury, and
WHEREAS, during the preparation of the Town Budget for year 1989, the Director of Building
and Code Enforcement requested that an additional position be created in his department
entitled that of Zoning Administrator, to assist in an increasing workload, and
WHEREAS, the position of Zoning Administrator was budgeted for the year 1989 by the Town
Board of the Town of Queensbury,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment
of an additional Assistant Building Inspector to the Director of Building and Codes Enforcement,
which Assistant's duties and responsibilities shall be that of Zoning Administrator, and such
Assistant shall have all powers given to or designated as belonging to the Office of Zoning
Administrator under the Ordinances of the Town of Queensbury, and under any other State
Law, Local Law or Regulations, if any and which Assistant shall generally be charged with
the duties and responsibilities of administering and enforcing the Zoning Laws of the Town
of Queensbury, provided however, that by creation of this position, the duties and responsibilities
of the Director of Building and Codes Enforcement shall not be in any way lessened, changed,
or modified.
Duly adopted by the following vote:
114
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Air. Kurosaka, Mrs. Monahan
TOWN ATTORNEY-This essentially establishes the position of Zoning Administrator the problem
I had with the position is that there seems to be two ways it could be created. One, an employee
pursuant to one provision of the Town Law where you simply create the position and put him
in there and then they would assume the powers that we have set forth in our ordinance. There
does not seem to be anything under state law concerning Zoning Administrators. The other
possibility was to create the position under the Building Inspectors or the Laws of the Town
concerning Building Inspector which in that set of laws it gives the Building Inspector the
obligation to enforce the Zoning Laws to administer and enforce them but it also gives him
the opportunity to employ additional people. Because of the way it was structured in the budget
as part of his department and Mr. Hatin had requested that, had indicated that he would prefer
an arrangement where that person would be kept under his jurisdiction and department that
is why we decided to structure it this way in the resolution.
COUNCILMAN MONTESI-So what we've said here is that he is an Assistant Building Inspector
working under the head Building Inspector, but his chief responsibility is that on zoning
enforcement.
TOWN ATTORNEY-Right. You have actually designated the duties and responsibilities in
this particular case.
RESOLUTION TO APPOINT ZONING ADIMINISTRATOR
RESOLUTION NO. 113,Introduced by Ronald Montesi who moved for its adoption, seconded
by Marilyn Potenza:
WHEREAS, the Director of Building and Code Enforcement advertised in the Post-Star the
availability of a position with the Building Department for the Town of Queensbury as Zoning
Administrator, and
WHEREAS, the Director of Building and Code Enforcement has advised that he has reviewed
applications, resumes, and conducted interviews, and recommends that Ms. Patricia Collard
be appointed as Zoning Administrator,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Section 138 of the
Town Law of the State of New York, hereby appoints Ms. Patricia Collard as Assistant Building
Inspector with duties and responsibilities to be that of Zoning Administrator, and with her
bi-weekly salary to be based upon the rate of $24,500.00 per year, and hereby approves and
ratifies her commencement of work on January 30, 1989 in the capacity of Zoning Administrator.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Airs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION AUTHORIZING CONTRACT WITH THE VOLUNTARY ACTION CENTER
RESOLUTION NO. 114, Introduced by Air. Ronald Montesi who moved for its adoption, seconded
by Mrs. Marilyn Potenza:
WHEREAS, the 1989 Budget of the Town of Queensbury provides for an item of $2,000.00
to be paid to the voluntary Action Center in return for which, said Center will provide
community services to the residents of said Town, such services including but not limited to
the following: Meals on Wheels Program, Alternative Sentence Program, Retired Seniors —
Volunteer Program, Holiday Basket Program, Carrier Alert Program, Mediation Services,
Information Referral, and Volunteer coordination for the Queensbury area, and
WHEREAS, a copy of the proposed contract for said community services has been presented
to this meeting,
NOW, THEREFORE BE IT
115
RESOLVED, that the proposed contract between said Town and said Voluntary Action Center
for furnishing such community services during the year 1989 is hereby approved, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the proposed
on behalf of the Town of Queensbury, and that a copy of such contract duly executed shall
be filed with the Town Clerk of the Town of Queensbury.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Air. Kurosaka, Mrs. Monahan
RESOLUTION TO HIRE ASSESSOR'S ASSISTANT
RESOLUTION NO. 115, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded
by Mr. Ronald Montesi:
WHEREAS, the Town Assessor has requested the establishment of the position of Assessor's
Assistant to assist with the daily functioning in the Town Assessor's Office, and
WHEREAS, the 1989 budget allows for monies available to pay for the position of Assessor's
Assistant,
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 Assessor's Assistant in the Town Assessor's Office,
and
BE IT FURTHER
RESOLVED, that Ms. Carol Pulver is appointed to the position of Assessor's Assistant at an
amount of $6.45 per hour.
Duly adopted this 14th day of February 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Air. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
COUNCILMAN MONTESI-I want this duly noted this is not an assistant assessor this is an
assistant to the assessor, this is not a State appointed job or anything, no powers or authority
to set assessments.
RESOLUTION TO RETAIN PROFESSIONAL SERVICES OF VANDUSEN AND STEVES, LAND
SURVEYORS
RESOLUTION NO. 116, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Marilyn Potenza:
WHEREAS, it was necessary to calculate acreages in the Sewer Dist. for the Town of
Queensbury, and
WHEREAS, the professional services of VanDusen and Steves was secured for such purposes
and
WHEREAS, a bill for such services has been presented to the Town Board
NOW, THEREFORE BE IT
RESOLVED, that the Town Board hereby approves and ratifies the employment of VanDusen
and Steves to perform professional service above described in the amount not to exceed
$1,000.00 said amount to be paid from the appropriate Sewer District budgeted account.
Duly adopted this 14th day of February, 1989 by the following vote:
1.1 6
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
SUPERVISOR BORGOS-Noted that because we do not have a fund for Town Surveyor we should
appropriately retain them each time we have a project...
RESOLUTION APPOINTING DR. CHARLES HAUSER TO FILL THE UNEXPIRED TERM OF
ED GRANT ON THE BOARD OF ASSESSMENT REVIEW
RESOLUTION NO. 117, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded
by Mrs. Marilyn Potenza:
WHEREAS, there is presently a vacancy on the Board of Assessment Review for the Town
of Rueensbury due to the unexpired term of Mr. Edward Grant, and
WHEREAS, The Town Board, has the authority to fill the vacancy of the unexpired term of
Mr. Edward Grant,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Rueensbury hereby appoints Dr. Charles Hauser
of Rueensbury to serve as a member of the Board of Assessment Review, for a term to
commence immediately and to end on September 30, 1989.
Duly adopted this 14th day of February, 1989 by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF RUEENSBURY AND
THE QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC., REGARDING FILLING
tt S�IN CERTAIN AREAS OF HOVEY'S POND
3WAAORESOLUTION NO. 118, 1989 Introduced by Mrs. Marilyn Potenza who moved for its adoption,
fig.�11 conded by Mr. Ronald Montesi:
WHEREAS, the Town of Rueensbury is the owner of certain real property in and around a pond
known as Hovey's Pond and is or is about to become the owner of certain property presently
owned by the Rueensbury Central Volunteer Fire Company, which property is also adjacent
to the southwestern shore of Hovey's Pond and which property is also adjacent to or near
properties owned by the Rueensbury Central Volunteer Fire Company, which are also located
on the said southwestern shoreline of Hovey's Pond as it presently exists and which Fire Company
property is described in a deed filed at the Warren County Clerk's office in Book 701 of Deeds
at page 350, and
WHEREAS, the Town of Rueensbury is desirous of filling in certain areas of Hovey's Pond
including the area at the southwestern border of said pond which is located upon property owned
by said Fire Company, and
WHEREAS, the Rueensbury Central Volunteer Fire Company, Inc.., desires to authorize the
filling in of certain areas of the pond upon property owned by said Fire Company which is located
at the southwestern shoreline of Hovey's Pond and allow such filled areas to remain undisturbed
as filled, designed, constructed, and maintained by the Town of Rueensbury, and
WHEREAS, the proposed contract between the Town of Rueensbury and the Rueensbury Central
Volunteer Fire Company, Inc., has been presented to this meeting,
NOW, THEREFORE BE IT
RESOLVED, that the proposed contract between the Town of Rueensbury and the Rueensbury
Central Volunteer Fire Company, Inc., to authorize the filling in of certain areas at Hovey's
Pond is hereby approved, and
BE IT FURTHER
117
RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract
on behalf of the Town of Queensbury and that a copy of such contract duly executed shall
be filed with the Town Clerk.
Duly adopted this 14th day of February, 1989 by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT: Mr. Kurosaka, Mrs. Monahan
SUPERVISOR BORGOS-This is the last step in a land swap between Queensbury Central and
the Town of Queensbury, equal amounts of land side by side. ...
TOWN ATTORNEY-There is one minor change in this agreement. We clarified the land involved
the original agreement referred to two exhibits, Exhibits A, and B with two maps since that
time we have deleted the map with the two colored blue areas on it, and have just gone with
just the one description. The reason for this is based on conversations with Paul Pontiff and
I have had with our clients, mine being the Town Board. Have found that the first map colored
in blue was inaccurate and should be just doing the one map alone.
RESOLUTION HIRING ORKIN PEST CONTROL
RESOLUTION NO. 119, Introduced by Mr. Ronald Montesi, who moved for its adoption,seconded
by Mrs. Marilyn Potenza:
WHEREAS, the Local Board of Health recommended the hiring of professional extermination
services to investigate and exterminate as necessary a reported rat population at or near a
pond situated at or near the intersection of Fort Amherst Road and Bay Road upon property
owned by Dr. Charles Eisenhart of the Town of Queensbury, and
WHEREAS, Orkin Pest Control has offered to provided professional services for an amount
not to exceed $700.00 for the first month, and thereafter, not to perform any further services
until authorized by the Town Supervisor of the Town of Queensbury and if so authorized, the
charge for services will be $105.00 per month for the next ii months, and
WHEREAS, The Town Board has determined that the investigation and extermination of rats
is necessary in the interest of the health and safety of the residents in the area of said pond,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby employs the professional
extermination services of Orkin Pest Control for an amount not to exceed $700.00 for the
first month, and upon approval of the Town Supervisor, to perform services for an additional
11 months at $105.00 per month and
BE IT FURTHER,
RESOLVED, that the contract for professional extermination services shall be in a form to
be approved by Paul B. Dusek, Town Attorney, and that the expenses incurred shall be paid
from the budgeted account.
Duly adopted this 14th day of February, 1989, by the following vote:
AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT : Mr. Kurosaka, Mrs. Monahan
COUNCILMAN MONTESI-Qluestion about the first Whereas Clause, it says that were going
to be doing services for $700 for first month, thereafter not to perform any services until
authorized by the Town Supervisor. What will trigger you to authorize on a monthly basis?
SUPERVISOR BORGOS-They will let us know the number of rodents taken during each week
of the first month and will let us know if population is decreasing. They will give us there
best recommendation if we should continue.
COUNCILMAN POTENZA-Should be checked on a yearly basis.
118
EPORTS
UILDING REPORT FOR JANUARY ON FILE
.ESOLUTION TO APPROVE 1988 AUDIT OF BILLS
,ESOLUTION NO 120,Introduced by Mr. Ronald Montesi, who moved for its adoption,seconded
y Mrs. Marilyn Potenza:
ZESOLVED, that the 1988 Audit showing on abstract on February 14th, 1989 Numbered from
723 to 3963 and totaling $282,635.25 be and hereby is approved.
)uly adopted this 14th day, of February 1989, by the following vote:
kYES :Mrs. Potenza, Mr. Montesi, Mr. Borgos
vOES :None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO APPROVE 1989 AUDIT OF BILLS
RESOLUTION NO.121,Introduced by Ronald Montesi, who moved for its adoption, seconded
Dy Marilyn Potenza:
RESOLVED, that the 1989 Audit showing on abstract on February 14th, 1989 Number from 12-270
and totaling $254,775.47, be and hereby is approved.
Duly adopted this 14th day, of February 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO.122,Introduced by Marilyn Potenza, who moved for its adoption, seconded
by Ronald Montesi: _
RESOLVED, that the Town Board of the Town of Rueensbury hereby moves into Executive
Session to discuss litigation and personnel related to members of committees and boards.
Duly adopted this 14th day, of February 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO ENTER INTO REGULAR SESSION
RESOLUTION NO.123,Introduced by Marilyn Potenza, who moved for its adoption, seconded
by Ronald Montesi:
RESOLVED, that the Town Board of the Town of Rueensbury hereby moves into regular session.
Duly adopted this 14th day, of February 1989, by the following vote:
AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
RESOLUTION TO RETAIN APPRAISERS
RESOLUTION NO,124,Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded
by Mr. Ronald Montesi:
119
WHEREAS, there is presently pending assessment litigation matter of Saul I. Burnbalm D/B/A
Queensbury Factory Outlet Center VS the Town of Queensbury, and
WHEREAS, the Town Attorney for the Town of Queensbury has advised that it is necessary
to retain the assistance of an Appraiser in connection with said litigation,
NOW, THEREFORE, BE IT
RESOLVED, that the service of Northeastern Appraisal Assoc. Inc. is hereby retained to assist
in said litigation of the cost of services not to exceed $5,000.00.
ly adopted this 14th day, of February 1989, by the following vote:
RYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka, Mrs. Monahan
ON MOTION THE MEETING WAS ADJOURNED
Respectfully Submitted,
Darleen Dougher
Town Clerk, Queensbury