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1989-12-06 SP SPECIAL TOWN BOARD MEETING DECEMBER 6th, 1989 4:00 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR GEORGE KUROSAKA-COUNCILMAN MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Thomas Flaherty, Ralph VanDusen, Dave Hatin, Kathleen Kathe 4 PRESS: WWSC G.F. Post Star Supervisor Borgos-Called the meeting to order. PUBLIC HEARING ON PROPOSED FOUNDATION AND BUILDING TO HOUSE EMERGENCY GENERATOR NOTICE SHOWN Supervisor Borgos-The Town is proposing to finally build a generator building to house the generator that we've bought for the water treatment plant so if power goes out we can still provide water and fire protection. Councilman Montesi-The generator, just so everyone knows, the generator is the size of a trailer . . . Supervisor Borgos-It's a very very large generator. _ Councilman Monahan-The generator runs the plant at full capacity? Supervisor Borgos-lt will not run the plant at full capacity, but at a very large capacity. Mr. VanDusen-It depends on how you define full capacity. Everything that is there today it will run high lift, low lift, all the chemical feeders. If you expand the plant to 40,000,000 gallons a day it will not run that. For the capacity it has today it will run that, yes. PUBLIC HEARING CLOSED Supervisor Borgos-Asked Attorney Dusek what he had found out about the use of cast iron pipes verses plastic? Attorney Dusek-Stated he investigated the situation concerning cast iron pipes verses plastic pipes. Explained that back in 1984 the code was revised and as part of the code the use of cast iron plumbing in certain instances was required. In the code what they said was cast iron pipe is required everywhere then they exempted certain things. They exempt single family houses, multifamily dwellings, less than six stories high. They have one further provision ' in the statue that says; the local authority has the power to change the requirement of cast iron to plastic. What they did is on November 1st, they kept all of this intact just the way it was °except they changed a very small part of the statue which unfortunately has a very big impact. They said that you can still have different types of uses like you always had except for one thing, that the council itself has to approve that change. The change will affect in the first instance, only those uses inside the building. The other part of the change they made is it does not affect certain uses that they exempted all along such as the single family dwelling, multifamily residence, outside the building plumbing. It does strongly affect in the Town of Queensbury, commercial types of structures internal plumbing requiring them now to be cast iron that is the regulation put into affect t November 1989. The first question that I had is, well if the Town has been using it all along now all of a sudden all we need is code approval can't we continue to use 1 514C it until we get the council's approval on this. The answer there was no. The procedure is basically to have some sort of a Local Law or device of that nature which will allow the Town to set forth what the requirements are and to get approval of the council. The council meets again for the next time on December 13th, which does not allow us to get a Local Law in place before that. In addition to a Local Law it is also necessary to get council approval. It would seem to me if we wrote a letter to the council for their consideration on December 13th, 1989 and said, we want to substitute plastic in all instances with cast iron it may not survive because there are certain instances where you would want to have cast iron. Recommended to the Building Department to develop either on their own or if they need assistance from an engineer a prescribe set of circumstances where plastic would be allowed and the grade of plastic and present it to them. They need some sort of prescribe instances of the past and limit it primarily in the areas of fire impacts or other particular areas that they would be concerned with. Even if this was in by December 13th, I was told that they would refer this to one of their committees. The committee would study it and they would reconsider the matter at their next meeting which are generally two months apart. Councilman Montesi-Asked whenever it was exempted before do you have to say plastic or specifically say the grade of plastic? Attorney Dusek-Stated you have to refer to a specific grade in order for it to pass with them. Councilman Montesi-Asked if any other town has done this yet so this could be used as a reference? Attorney Dusek-Stated they didn't get into that element of it. As we try to generate our own forms we could talk about this to see if anyone has been through this process. The feeling I did get was that they were getting complaints from other communities. Would like to speak to their Attorney on this problem. Councilman Monahan-Asked that on November 1, 1989 was this a legislative change or bureaucrat change? Attorney Dusek-Stated you could call it bureaucrat change. The Executive Law of the State of New York, establishes the foundation for creating the building code and it also establishes something to the Building Code Council. The council by virtue of law has >the authority to pass regulations which end up as your building code. By virtue of the fact the executive law says, they can do that and they pass these regulations through a given procedure they have the same weight and effect as the law would. Councilman Monahan-Asked if Attorney Dusek has check with the Attorney for the Association of Towns to see if this problem has crossed their desk to see if any work is being done on this? Attorney Dusek-Stated this is on the agenda to get done. Councilman Monahan-Asked how Warren County did this and if there is anyway we could adopt Warren County's Building Code? Attorney Dusek-Stated Warren County's Code will not work to resolve this particular problem because whatever change you make still needs the code council's approval. Councilman Monahan-Asked even though they had their's approved we can't just say, we're no longer adopting New York States Building Code we're going to adopt the building code of Warren County? Attorney Dusek-Stated every municipality has to be individually approved by the council. Councilman Monahan-Asked if Attorney Dusek was saying they changed the code on November 1st, and made it effective November 1st? Mr. Hatin-Explained that as of November 1st, it took away the local authority having jurisdiction power to vary from the code. Before November 1st, I could make a decision the way I perceived it which was the way it was done for the last five years when the code came in 1984. As of November 1st, when I got the noticeiNovember 10th, it changed and they took away that authority. Now we have to create the Local Law it has to be approved by the Code Council before it can become law. 2 Councilman Monahan-Asked if he knew before November 10, 1989 that they were going to require the cast iron pipe? Mr. Hatin-Stated he knew about the wording, but no one realized the impact of this until the notice of November 10th. They did hold public hearings on this and I've suggested that the Local Builders Association and certain people get on the mailing list so they get all these amendments. Councilman Montesi-Stated chances are that no one has gone formally jgaae through this hearing procedure. Mr. Hatin-Stated there are towns that have adopted the code stricter than the code. Councilman Monahan-Asked if this is something that the company who is doing the codification should of been up on to warn us that we had a local law that was not going to be in compliance? Attorney Dusek-Stated when agencies promulgate regulations they are required to give notice. Once they have done this they have met their requirement. The code publication company their job is not to pick up on those notices they will be sent directly to towns. The code publication puts them into your book for you. Councilman Monahan-Suggested that they contact Bobby D'Andrea. Supervisor Borgos-Suggested that the recommended regulations be put together so we can have them there for the council meeting. Stated it is just a matter of how it's implemented. Asked Mr. Hatin, if he made the determination permit issued or permit requested? Mr. Hatin-Permit issued. Councilman Potenza-Asked who said this? Mr. Hatin-The State. Councilman Monahan-Asked if there is anything in the law that says a certain amount of time has to be given? Attorney Dusek-Stated he could look into this. Stated usually the notices that are given are prior to the public hearings. Once you've had the public hearings and been heard usually at that point they will have a final version of the law. Mr. Hatin-Stated when it goes to council it is also filed with the Secretary of State. Supervisor Borgos-The attorney will continue to work on this. Mr. Hatin-Stated he will contact other towns to see if they have a local law. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF PROPOSED FOUNDATION AND BUILDING TO HOUSE EMERGENCY GENERATOR RESOLUTION NO. 689, 1989,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is presently considering the approval and authorization of an improvement of the facilities of the Queensbury Consolidated Water District consisting of the construction of a foundation and erection of a pre-manufactured steel building to house an emergency generator for the Water Treatment Plant and funding the same, and WHEREAS, the proposed action is an unlisted action under the rules and regulations adopted by the Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, and WHEREAS, the Town Board of the Town of Queensbury may act as lead agent for review of potential environmental impacts in accordance with the State Environmental Quality Act, 3 J SI 7 NOW, THEREFORE, BE IT RESOLVED, that after review of the proposed bidding documents and specifications for the proposed improvement to the Queensbury Consolidated Water District consisting of the construction of a foundation and erection of a steel building as aforesaid and the Environmental Assessment Form prepared in connection with this action for possible environmental impacts and after reviewing, in particular, Section 617. 11 of the Rules and Regulations of the Department of Environmental Conservation, the Town Board of the Town of Queensbury hereby determines that the environmental effects of the proposed improvement to the Queensbury Consolidated Water District will not be significant, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the annexed notice of determination of non-significance and hereby authorized and directs the Town Supervisor to sign, execute, and place , the seal of the Town of Queensbury upon the same, and BE IT FURTHER RESOLVED, that copies of this resolution and notice of determination shall be filed with the Town Clerk of the Town of Queensbury. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION MAKING DETERMINATION RELATED TO EMERGENCY GENERATOR BUILDING RESOLUTION NO. 690, 1989,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has duly caused to be prepared, specifications and bidding documents and estimate of cost for the increase and improvement of the facilities of the Consolidated Water District of the Town of Queensbury consisting of the construction of a foundation and erection of a pre-manufactured steel building to house an emergency generator for the Water Treatment Plant, all at a maximum estimated cost of $70,000.00 dollars, the same also being more fully described in the said specifications and bidding documents prepared by Rist Frost Associates, P.C. , and on file with the Town Clerk of the Town of Queensbury, and WHEREAS, said Town Board duly adopted a resolution on November 20, 1989 calling a public hearing to consider said proposed increase and improvement and estimate of expense, to be held at the Queensbury Activities Center, Bay at Haviland Road, Queensbury, New York, on the 6th day of December, 1989, at 4:00 p.m. , and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by law and proof thereof has been submitted to said Town Board, and WHEREAS, said public hearing was duly held at the time and place aforesaid at which all persons interested were duly heard, and WHEREAS, said Town Board has duly considered all of the evidence given at such public hearing, and WHEREAS, the said Town Board has reviewed the proposed action under the State Environmental Quality review Act and has found that the water district improvement will not have a significant environmental impact, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: i SECTION 1. Based upon the evidence given at the aforesaid public hearing, it is hereby found and determined to be in the public interest to provide for the aforesaid 4 S49 increase and improvement of the facilities of the Consolidated Water District of the Town of Queensbury, Warren County, New York, as described in the preambles hereof, at an estimated cost of $70,000.00 and the same is hereby authorized. SECTION 3. This resolution shall take effect immediately. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO. 691, 1989,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby convenes as the Queensbury Board of Health. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None QUEENSBURY BOARD OF HEALTH Mr. Hatin-Stated they have a emergency situation. Carl R's Cafe would like to replace their septic system. They are pumping it daily so it won't create a health problem, it's becoming an expensive proposition. They would like to expedite getting the new system in, but they need a variance to place the seepage pits under the parking lot. Mr. Scudder, will have a formal proposal to the Town Clerk by Friday. He is asking that you set the public hearing for the regular board meeting. Supervisor Borgos-Asked the Board if they would like a formal application before the public hearing is set? Board-Stated this was agreeable. RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 53, 1989,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. 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, Aviation Road Development Corporation 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 3.020 (B), and WHEREAS, Aviation Road Development Corporation has indicated a desire for a variance, requesting to place a leaching facility under a parking area, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on December 18, 1989 at 7:00 p.m. at the Queensbury Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Aviation Road Development Corporation to place a leaching facility under a parking area on property situated on Corinth Road in the Town of Queensbury and bearing a tax map number of 135-2-5, and at that time, all persons interested in the subject thereof, will be heard, and, BE IT FURTHER 5 RESOLVED, 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 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ADJOURN AS THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 54 1989, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health into regular session. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None QUEENSBURY TOWN BOARD RESOLUTION TO AMEND RESOLUTION NO. 54 OF QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 692, 1989,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: - RESOLVED, that the Town Board of the Town of Queensbury hereby moves to amend Resolution No. 53, of the Queensbury Board of Health as follows: Public Hearing to be held December 18, 1989 at 7:30 p.m. at the Queensbury Center, 531 Bay Road, Warren County, New York. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION !�- Pf s�7 RESOLUTION NO. 693, 1989,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Founders Way and McCrea Road in the Bedford Close Subdivision offered for dedication by Starburst Development, Inc. WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617. 11, and thoroughly analyzing the project with respect to potential 6 S� environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town (Clerk) is hereby authorized and directed to file the same in accordance with the °- provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 6th day of December, 1989, by• the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i NOES: None ABSTAIN:Mr. Kurosaka RESOLUTION ACCEPTING DEDICATION OF FOUNDERS WAY AND MCCREA ROAD IN BEDFORD CLOSE SUBDIVISION RESOLUTION NO. 694, 1984,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Starburst Development Co. , Inc. , has offered a deed to dedicate to the Town of Queensbury Founders Way and McCrea Road, and has also offered to convey three drainage easements in the Bedford Close Subdivision, which are more particularly described in the survey map presented at this meeting and the original deed and easements being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has reviewed inspection reports concerning the construction of and specifications of the said road proposed to be dedicated to the Town of Queensbury and he has raised no objection to acceptance of same, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he had made an inspection of water mains and appurtenances along said road proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the road and easements offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued a negative declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned deed and easements for dedication of said road be and the same is hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deed and easements to be recorded in the Warren County Clerk's Office after which said deed shall bey properly filed and maintained in the office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the road be hereby added to the official inventory of Town Highways, to be described as follows: Description: A loop road extending northeasterly from West Mountain Road. Name: Founders Way Road # 467 7 ss� Feet; 2150 Description; Road extending southeasterly from Founders Way Name; McCrea Road Road # 468 Feet; 1000 Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSTAIN:Mr. Kurosaka DISCUSSION HELD Supervisor Borgos-Stated that they have a situation related to the sewer district wherein it was determined after the installation that the manholes didn' t meet specifications. A proposed resolution came about as to inserts that would be supplied by the contractors, manufacturers, to correct the problem. Several of us met unofficially to discuss this and we are ready to recommend to the Board that we accept those inserts. In the meantime, the engineer called back to say they have contacted the people involved and the manufacturer wants to put the proper manhole covers as per specifications. They had put in the improper ones now they want to put in the ones they were suppose to put in originally. If they meet the specs we have to take them. Unless there is a objection by anyone we can go say, go ahead and put them in. Asked if everyone felt this way? Councilman Monahan-Stated unless the improper ones caused some problem along the way. Supervisor Borgos-Stated this is a possible concern. Councilman Monahan-Stated she feels Paul should write a letter to this effect. Supervisor Borgos-Stated the big concern is the volume of water that has entered the system that we've had to pay for to have processed because the improper ones were installed. Councilman Monahan-Stated she doesn't feel they should be pick up the charge for this. Attorney Dusek-Stated this is the tough part about it. If it was ongoing while construction was going it's hard to pinpoint where and how much water came through the manholes and whose manholes they were. Supervisor Borgos-Asked if everyone agreed to the installation of the man holes? Board-Agreed. Pat Beland-Warren County. Spoke to the Town Board in regard to the Warren County proposal regarding a Gypsy Moth Suppression Program. The Town Board agreed to participate in a Warren County Suppression Program. Discussion held regarding next West Mountain meeting. It was decided the next meeting will be held on December 27th, 1989 at 4:00 p.m. , Assuming information is submitted by December 19, 1989, in a form that is to be approved by Attorney Dusek. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR INSTALLATION OF CULVERT-BRIDGE FOR CRONIN ROAD AREA RESOLUTION NO. 695, 1989,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is desirous of completing construction work necessary to install a previously purchased three-sided{ concrete box culvert bridge in accordance with the proposed contract and bid documents submitted to this meeting, and 8 -- j SSA' WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory Requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that an advertisement for bids for the said installation of the previously purchased three-sided concrete box culvert bridge in accordance with plans, specifications and bidding documents presented at this meeting, be published in the official newspaper for the Town of Queensbury and. that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until, but not later than, December 18th, 1989, at 2:00 p.m. , and that the bids will be publicly opened and read at 2:05 p.m. , by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m. , December, 18, 1989, read the same aloud, and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF EASEMENT DEDICATION RESOLUTION NO. 696, 1989,Introduced by Mrs. Marilyn Potenza who moved for its -° adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of an easement in the Queensbury Technical Park being offered for dedication by the Queensbury Economic Development Corporation, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town (Clerk) is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. 9 S'S3 Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION ACCEPTING DEDICATION OF EASEMENT RESOLUTION NO. 697, 1989, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, Queensbury Economic Development Corporation has offered the dedication of easements for sewer pipes and facilities to the Town Board of the Town of Queensbury, acting as the governing board for the Technical Park Sewer District, and a copy of the original easement and survey map being presented at the meeting, and WHEREAS, the form of the easement offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the aforementioned easement for dedication is hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said easement to be recorded in the Warren County Clerk's Office after which said easement shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury with the notation that the same is held by the Town on behalf of said Sewer District, and BE IT FURTHER RESOLVED, that the easement be hereby added to the official inventory of Town Easements. Duly adopted this 6th day of December, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 698, 1989,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following personnel, land acquisition, professional services, and litigation. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO RECONVENE RESOLUTION NO. 699, 1989,Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into regular session. L Duly adopted this 6th day of December, 1989, by the following vote: 10 SS's AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAR ASSESSMENT REVIEW CASE RESOLUTION NO. 700, 1989,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, a certain Article 7, Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having recommended settlement to the Town Board, i NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the 1987 and 1988 assessment rolls as indicated and as follows: 137-2-9.1 - Rosemary M. Threw - to be assessed at $200,000.00 (1987 and 1988) . Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENTeNone RESOLUTION TO SET PUBLIC HEARING TO ADOPT LOCAL LAW TO ALLOW CONTRIBUTIONS TO THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 701, 1989,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has been and is desirous of making certain financial contributions to the Queensbury Economic Corporation, a development corporation created at the direction of the Town Board of the Town of Queensbury during the year 1986, and WHEREAS, the Town Attorney for the Town of Queensbury has indicated it would be advisable to adopt a Local law which expressly allows contributions and payments to the Queensbury Economic Development Corporation and a copy of said Local Law has been presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury, pursuant to the provisions of the Municipal Home Rule Laws of the State of New York, must conduct a public hearing on said proposed law and publish notice thereof, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, Bay and Haviland Roads, Queensbury, New York, on the 18th day of December, 1989, at 7:30 p.m. , to consider said proposed Local Law to hear all persons interested on the subject matter thereof concerning the same and to take such other and further action as may be required or authorized by law. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None t 11 SSS� RESOLUTION CREATING POSITION OF DEPUTY TOWN ATTORNEY RESOLUTION NO. 702, 1989, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of creating the position of Deputy Town Attorney and appointing a person to that position, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby pursuant to Section 20 of the Town Law, of the State of New York, hereby creates the position of Deputy Town Attorney, and BE IT FURTHER RESOLVED, that Karla Corpus, is hereby appointed 'to that position to serve at the pleasure of the Town Board at a salary equal to the rate of thirty five thousand dollars ($35,000.00) per year. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None DISCUSSION HELD Attorney Dusek-Stated there is a change that Mr. Abbenante wants to make in the State Police Satellite Station plans and specifications. What Tom Albrick is concerned about is the plans and specifications say, 10 inch foundation walls and leaves a option of either poured or concrete block. They would like to put in a 8 inch wall. Board-Agrees with that change. Attorney Dusek-Stated there are a number of other changes that Mr. Abbenante would like to make. Asked if they would like to have a session with him at some point? Councilman Montesi-Asked about having a working committee or someone who could work with Mr. Abbenante? S!apervisor Borgos-We have asked Rist Frost to check on a couple of things that were proposed, they have already checked and thought they were good. Councilman Potenza-Stated that Steve and George could work on this. Councilman Monahan-There should be no change in the contract price. RESOLUTION REGARDING CHANGE ORDERS STATE POLICE SATELLITE STATION RESOLUTION NO. 703, 1989,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is presently engaged in the construction of a building to house a New York State Police Station, and WHEREAS, suggestions have been made that pertain to a change in width of the foundation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Supervisor of the Town to execute all documents necessary and put the contractor on notice of a change in the project consistent of the foundation wall to be of 8 inches poured foundation as opposed to a 10 inch poured foundation with no change in the contract price. Duly adopted this 6th day of December, 1989, by the following vote: 1 j AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING SUPERVISOR AND COUNCILMAN TO REVIEW CHANGES OF STATE POLICE SATELLITE STATION RESOLUTION NO. 704, 1989, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is presently engaged in a construction of a building to house the New York State Police Satellite Station, and WHEREAS, it is the desire of the Town Board. of the Town of Queensbury in order to facilitate and handle expeditiously minor job changes to have two members of the Town Board authorized to approve such changes, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby empowers, authorizes, and directs the Supervisor Stephen Borgos, and Councilman George Kurosaka, to review changes in connection with the construction process of the State Police Satellite Office Building, and authorize such changes as they deem appropriate in the construction process up to a maximum of one thousand dollars ($1,000.00). RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACT (STATE POLICE SATELLITE STATION) RESOLUTION NO. 705, 1989, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury has been and still is desirous of entering into an arrangement whereby the State Police for the State of New York will be allowed to use a building presently under construction by the Town for a period up to 10 years with renewal provisions, and WHEREAS, the Town Board is desirous of authorizing the Supervisor for the Town to execute said lease and agree to the provisions contain therein on behalf of the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to enter into an agreement with the State Police concerning the use and maintenance of the building by all parties concerned together with necessary insurance provisions and that they will provide us with notices of amounts of coverages and type of insurance in a form acceptable to the Town Attorney. He is authorized to execute that agreement plus any amendments thereto. Duly adopted this 6th day of December, 1989, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None DISCUSSION HELD 1 Councilman Montesi-Stated on June 13th, 1989 a public hearing was held on the rezoning of the Fisher property. Thought that there was unanimity among the Board to rezone that. Supervisor Borgos-Thought this was taken care of. Councilman Montesi-It wasn't. Attorney Dusek-I went back in my records and found that this wasn't done. The Planning Board turned this down. 13 Councilman Montesi-Stated the Town Board, said yes to this parcel. Would like to bring it back to the next agenda. Attorney Dusek-Will read through the minutes. Stated there has been no official rezoning of any property in the Town of Queensbury to date. We've held public hearings, but no properties have been rezoned. Councilman Montesi-Stated they need to address the rezoning of the West Glens Falls area. Supervisor Borgos-Stated Lee York has made a proposal on this. Attorney Dusek-Noted the residents of Corinth Road are under the impression that the Board is going to be taking action on this December 18th. Councilman Montesi-Stated they could say that they are not going to take action, but to hold a workshop on this. Supervisor Borgos-Asked Ms. Kathe to make note of this to discuss tomorrow to get a time schedule for that. Councilman Montesi-Stated that no action will be taken on December 18th. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, Miss Darleen Dougher, Town Clerk Town of Queensbury 14