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1989-03-07 SP 146 TOWN BOARD MEETING SPECIAL MEETING 4:40 P.M. MARCH 7, 1989 PLEDGE OF ALLEGIANCE LED BY MARILYN POTENZA BOARD MEMBERS PRESENT STEPHEN BORGOS SUPERVISOR COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK MEMBERS ABSENT COUNCILMAN GEORGE KUROSAKA PRESS GLENS FALLS POST STAR WWSC RESOLUTION TO INSTALL STREET LIGHTS RESOLUTION NO. 140,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, a need exists for street lights to be installed on Bay Road, NOW, THEREFORE, BE IT RESOLVED, that the following street lights be installed: One (1) Sodium 150 Street Light on Bay Road - N.M. Pole #116 (moved from pole #116-1), One (1) Sodium 150 Street Light on Bay Road - N.M. Pole #116 2, and One (1) Sodium 150 Street Light on Bay Road - N.M. Pole #117, (all in the Queensbury Lighting District), and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury mail a certified copy of this resolution to Niagara Mohawk Corporation. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka SUPERVISOR BORGOS-Made known that three lights would be placed north of the intersection of Bay and Haviland Roads, and three lights placed south of this intersection, to let people know that their coming to a congested area. RESOLUTION ACCEPTING AND AUTHORIZING USE OF SEWER FACILITIES RESOLUTION NO. 141,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, Joseph R. Wunderlich, Inc., pursuant to a contract with the Town of Queensbury entitled Contract No. 5 - Quaker Road and Route 9 Sanitary"Sewers, has been performing construction work in connection with the installation of sewer pipes for the Central Queensbury Quaker Road Sewer District, and WHEREAS, the construction work of Joseph R. Wunderlich, Inc., in connection with said contract is not complete, but pursuant to Section 14.10.1 of said contract, the Town Board of the Town of Queensbury may, on behalf of the said sewer district, request use of that part of the sewer system and pipes substantially complete and ready for its intended use, and 147 WHEREAS, Kestner Engineers, P. C., on behalf of the Town of Queensbury, by letter dated January 22, 1989, has requested that the Town of Queensbury be allowed to use that part of the sewer system described as from manhole number 2-1 up to and including manhole number 5-5, and WHEREAS, by letter dated February 3, 1989, Joseph R. Wunderlich, Inc., has indicated that part of the sewer system desired for use and previously described is complete with the exception of some paving work and restoration, and has agreed to acceptance and use by the Town of Queensbury, and WHEREAS, Kestner Engineers, P.C., by letter dated February 23, 1989, has recommended that the Town Board accept the previously described completed portion of the sewer system with the agreement that certain restoration work will be completed and has prepared the required certificate of substantial completion and has noted therein certain items of work to be completed by Joseph R. Wunderlich, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Central Queensbury Quaker Road Sewer District, and upon the recommendation of Kestner Engineers, P.C., hereby approves and agrees to accept and authorize the use of that portion of the sewer system previously described in this resolution as completed by Joseph R. Wunderlich, Inc., and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves the annexed certificate of substantial completion and authorizes the Town Supervisor of the Town of Queensbury to sign that certificate, if necessary, or any other document indicating approval of said certificate of substantial completion. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka SUPERVISOR BORGOS-This particular section will serve a portion of the Town that desperately needs a Sewer System and will include the Super Shop and Save Market. There are no outstanding issues related to this there had been some questions about a week ago by Mr. Flaherty and Mike Shaw,they have both inspected this system and are both comfortable with the way it looks at the moment. COUNCILMAN MONTESI-Asked if any of these were the manholes that had been replaced. SUPERVISOR BORGOS-No. All the manholes we're concerned with are on an unexpected unfinished portion up in the Lafayette Street, Foster Avenue area. RESOLUTION OF APPRECIATION FOR THOMAS P. GIANNETTI RESOLUTION NO. 142,Introduced by the Entire Town Board, WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of Thomas P. Giannetti from the Queensbury Economic Development Corporation, dated February 14, 1989, and WHEREAS, Thomas P. Giannetti, a resident of the Town of Queensbury, has served the community with distinction, and WHEREAS, Thomas Giannetti was a dedicated member of the Queensbury Economic Development Corporation from November 24, 1987 through February 14, 1989, 'NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Thomas P. Giannetti for the time and talent he has generously contributed toward making the Town of Queensbury a "good place to live." Duly adopted this 7th day of March, 1989, by the following vote: 148 AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY COMMITTEE FOR LAKE GEORGE RESOLUTION NO. 143,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town of Queensbury has in existence a Citizens Advisory Committee for Lake George, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints the following persons for 1-year terms on the Citizens Advisory Committee for Lake George, said terms to expire on December 31, 1989: Ms. Mary Arthur Beebe Dr. James Blake Mr. Robert Edwards Dr. Robert Evans Mrs. William (Dot) Hall Mr. Paul Hillman Mr. Robert Rourke Mr. Merritt Scoville Mr. John Owen Mr. Karl Kroetz Mrs. O. V. Hopper Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka SUPERVISOR BORGOS-This is one of those things we were hoping to have in place, on January 1st, we were a little bit late, the people have been working, the committee has been working, there are a couple new members here and a couple people have moved from the area and are no longer on that committee. RESOLUTION OF APPRECIATION FOR DALE GRANGER RESOLUTION NO. 144,Introduced by the Entire Town Board, WHEREAS, Dale Granger, a charter member of the Town of Queensbury Recreation Commission, was appointed to his first term in 1964, and WHEREAS, Dale Granger has served the Recreation Commission with distinction since his reappointment January 12, 1982 and through the term ending February 27, 1989, and WHEREAS, he has been an advocate of creative recreation projects and future planning for the Town of Queensbury, and WHEREAS, he has volunteered many hours of dedicated service in the role of Commission Chairman since April 1987, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Dale Granger for the time and talent he has generously contributed toward making the Town of Queensbury a "good place to live". Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 149 NOES: None ABSENT:Mr. Kurosaka RESOLUTION SETTING PUBLIC HEARING ON FINANCIAL OBLIGATION OF THE QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO. 145,Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: WHEREAS, the Town of Queensbury presently has a contract with the Queensbury Central Volunteer Fire Company, Inc., wherein the said Fire Company has agreed to provide fire protection services for a certain area of the fire protection district located within the Town of Queensbury, and WHEREAS, the Queensbury Central Volunteer Fire Company, Inc., is presently desirous of securing financing for the construction of a new 'firehouse facility to be located at the south side of Lafayette Street, north of Hovey Pond, between Quaker Road and Route 9 in the Town of Queensbury, and WHEREAS, the said Fire Company has requested the Town Board of the Town of Queensbury to hold a public hearing concerning said construction of a new firehouse and financing thereof and pass a resolution following said public hearing indicating that the Town of Queensbury approves of said financing for the construction of the new firehouse in order to be in compliance with the requirements of the Internal Revenue Code and thereby qualify the interest on said financing as tax exempt interest, NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a public hearing to be held on March 23, 1989 at 4:30 p.m., in the meeting room of the Town of Queensbury, Bay at Haviland Roads, Queensbury, Warren County, New York, for the previously stated purposes and hereby directs and authorizes the Town Clerk of the Town of Queensbury to publish a notice of public hearing as soon as possible in the official newspaper for the Town of Queensbury, said notice to be in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury will, after the said public hearing, consider the adoption of a resolution approving the incurring on the part of Queensbury Central Volunteer Fire Company, Inc., of financial obligations for the construction of the said new firehouse facility, with the understanding that the Town of Queensbury shall not, by said proposed resolution, create any assumption on the part of the Town of Queensbury, of any obligation or liability for said financing, other than that which may exist by virture of the contract entered into between the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc., for fire protection services dated December 31, 1988. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka TOWN ATTORNEY-The Town Board at the end of the year passed a contract approving the contract with the Queensbury Central Volunteer Fire Company for fire services. A while ago we had a land swapping arrangement with the Fire Company over by Hovey Pond, part of the property they got from us they will be using in connection with putting up their Fire Station, which everyone has been aware of that. We at that point had thought from at least the Town's prospective everything was done. The Fire Company then proceeded to secure its financing from the bank and when they did so the bank said "well in order for you to get certain Internal — Revenue Services benefits or tax exemptions you have to do certain things", they gave them a copy of the Internal Revenue Code, Paul Pontiff on there behalf contacted me, we reviewed it together and what it turns out is that, although the Internal Revenue Code provides that a Fire Company under certain circumstances this being one of them will be treated as if they we're Government Municipality if they do certain things. It is important they be treated as a Government Municipality because they get certain tax exemptions benefits. The Internal Revenue Code recognizes that their not a municipality their just being treated as one and one of the things they have to do is the municipality which their in has to hold a Public Hearing and pass a Resolution which approves of their financing, not to obligate the Town on the financing, but for some reason the Internal Revenue Code says that if the Town goes through this process 150 holds a Public Hearing, reviews their financial comments, and then says "it looks good to us,", then in turn the I.R.S. is going to give them some tax breaks. From a legal prospective as far as the Town is concerned I don't really see any legal problems or difficulties with the Town, its really something that serves primarily the benefit of the Fire Company, it really doesn't cost us anything as far as liability is concerned. SUPERVISOR BORGOS-It actually should saves us money if this qualifies as tax exempt for the supplier of the money which I understand will be a bank. BETTY MONAHAN-Can other rescue squads and fire companies putting up buildings, is there something they, maybe we have to go back and do backwards in order to give them some breaks. SUPERVISOR BORGOS-Certainly if they can go back and refinance at a lower rate under these terms of provisions, we thought we were all done and finished with it. TOWN ATTORNEY-I think this is something that would be up to the Fire Company in the first instance to explore with there financial institution. SUPERVISOR BORGOS-Other than the fact it could ease our burden in negotiations. We will follow up on that. RESOLUTION TO APPOINT MEMBERS TO RECREATION COMMISSION RESOLUTION NO.146,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, there are presently two (2) vacancies on the Recreation Commission due to the expiration of the terms of Frank Labatore and Dale Granger on February 27, 1989, NOW, THEREFORE, BE IT, RESOLVED, that the Town Board of the Town of Rueensbury hereby re-appoints Frank Labatore of Rueensbury for a five-year term to expire February 27, 1994 and appoint Mary Sperry of Rueensbury for a five-year term to expire on February 27, 1994. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO ENACT LOCAL LAW NUMBER 2 OF 1989, REGARDING AMENDED SEWER RENT LAW RESOLUTION NO. 147,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Rueensbury is desirous of amending the Sewer Rent Local 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, on February 28, 1989, a public hearing with regard to the proposed amended Sewer Rent Local Law was duly conducted, and WHEREAS, a copy of the proposed, amended Sewer Rent Local Law with the aforementioned amendment and all original provisions has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Rueensbury hereby enacts the proposed amended — Sewer Rent Local Law, to be known as Local Law Number 2 of 1989, which will include said new provisions, with the remaining provisions of said Sewer Rent Local Law remaining unchanged, and the same as presently set forth, and BE IT FURTHER, RESOLVED, that the Town Clerk for the Town of Rueensbury is hereby directed to file the said local law with the New York State Secretary State in accordance with the provisions of 151 the Municipal Home Rule Law. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka LOCAL LAW NUMBER 2, 1989 A LOCAL LAW AMENDING LOCAL LAW NUMBER 1 OF 1989 ENACTED IMPOSING SEWER RENTS FOR THE QUEENSBURY/QUAKER ROAD SEWER DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK ENACTED PURSUANT TO ARTICLE 14 (F) OF THE GENERAL MUNICIPAL LAW AND MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK ARTICLE I STATEMENT OF POLICY Section 1. In order to pay costs within the Central Queensbury/Quaker Road Sewer District including (1) all costs for the operation, maintenance, repair of the sewer system hereinafter defined, and all other costs including sums paid to the City of Glens Falls or others for sewage treatment; (2) the interest on the amortization of, or payment of indebtedness which has been or shall be incurred for the construction of said sewer system or part or parts thereof, for the purchase and/or construction of sewage treatment and disposal works with necessary appurtenances, including pumping stations, or for the cost of extension, enlargement, replacement of, or additions to such sewer system or part or parts thereof, in that order, and to insure the proper operation, maintenance and repair of said sewer system. There is hereby established a Sewer Rent Law pursuant to Article 14(F) of the General Municipal Law and the Municipal Home Rule Law of the State of New York. ARTICLE H DEFINITIONS As used in this local law, the following terms shall mean and include: Section 1. The terms, "sewer rents" shall mean as established by the Town Board of the Town of Queensbury within the Central Queensbury/Quaker Road Sewer District. Section 2. The term "sewer system" shall mean the sewer system owned and operated by the Central Queensbury/Quaker Road Sewer District and shall include all sewer pipes and other appurtenances which are used or useful in whole or in' part in connection with the collection, treatment and/or disposal of sewage, industrial wastes and other wastes, and which are owned, operated or maintained by the Central Queensbury/Quaker Road Sewer District, including pumping stations, and sewage treatment and disposal works and all extensions, additions and improvements, which may be made to such system. Section 3. The term, "part", shall include all lateral sewers or all branch sewers or all interceptor sewers or all trunk sewers and sewage treatment and disposal works and each part with necessary appurtenance, including sewage pumping stations. Section 4. (a) The term, "sewage" shall include the water-carried human waste from residences, buildings, industrial establishments or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage as above defined of industrial waste or other waste as hereafter defined, also shall be considered, "sewage" within the meaning of this ordinance. (b) The term, " industrial wastes", shall include any liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources. (c) The terms, 'other wastes" shall include garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, tar, dyestuff, acids, chemicals, and other discarded matter not sewage or industrial waste. (d) Provided, however, that none of the foregoing uses of the sewer system for the items as defined may be made unless in conformity with the Town of Queensbury Sewer Use Ordinance and all other applicable rules and regulations of the Town of Queensbury, County of Warren and State of New York. 152 Section 5. Residential property shall include a building, structure or land use designed and occupied exclusively as a human dwelling and upon and in which no commercial activity or business use is maintained, unless such activity or use is in compliance with the Town of Queensbury zoning ordinance as a home occupation. Section 6. Non-Residential property shall include a building, structure or land use designed and occupied for any commercial activity or business use. ARTICLE III SEWER RENTS Section 1. There is hereby established and imposed a scale of "sewer rents" for services rendered by the sewer system to the real property within the limits of the Central Queensbury/Quaker Road Sewer District. — Charges pursuant to Article I, Section 1, Subdivision 1 hereof: A. For residential properties $50.OQ annually for each residential unit, plus $2.18 per thousand gallons of water metered to such premises in excess of 75,000 gallons per year. B. For non-residential properties $2.18 per thousand gallons for water metered to such premises. Charges pursuant to Article I, Section 1, Subdivision 2. A. For residential properties $1.54 per thousand dollars of assessed valuation, plus $227.08 per acre of land occupied by said unit on a prorated basis, plus $50.00 per residential unit for the first 75,000 gallons of water consumed on said premises and $2.53 per thousand gallons in excess of 75,000 gallons, except that in those instances in which a vacant parcel in excess of five (5) acres lies in a vacant wetlands area as designated under the Environmental Conservation Law, where the total acreage of the parcel for purposes of calculating the Sewer Rent due shall be reduced by the number of acres in the designated wetland. B. For non-residential properties $1.54 per thousand dollars of assessed valuation, plus $227.08 per acre for each acre of land occupied by said unit on a prorated basis, plus $2.53 per thousand gallons of water consumed on said premises. Section 2. For treatment of industrial wastes or other wastes as defined herein if any additional treatment is required because of undue concentration of solids or any other substances which add to the operating costs, the Town Board is authorized to fix and determine such additional sewer rent charges therefore, as shall be equitable, in addition to the sewer rents set forth in the proceding paragraphs. Section 3. Sewer rents shall begin to accrue as of January 1, 1989 for use after that date and shall be billed as follows: (a) Annual charges for residential properties of $50.00 per residential unit and annual charges of $1.54 per thousand dollars of assessed valuations for residential and nonresidential properties and $227.08 per acre of land occupied, shall be billed in advance in the month of January of each year. (b) Charges based on water meter readings shall be billed quarter annually in advance on February 1, May 1, August 1 and November 1 of each calendar year based upon the water meter reading for the most recent preceding quarter calendar year. Section 4. Sewer Rents shall not accrue against properties within the Central Queensbury/Quaker Road Sewer District which are serviced by the Sanitary Sewer Facilities of the City of Glens Falls and continue to be so served. The Town Board shall annually at its first meeting in the month of January of each year determine properties which are so served and are determined at the present time to be: Property Address Tax Map No. 6 Fort Amherst Road 106-4-17 10 Fort Amherst Road 106-4-15 12 Fort Amherst Road 106-4-14 14 Fort Amherst Road 106-4-13 16 Fort Amherst Road 106-4-12 18 Fort Amherst Road 106-4-11 153 4 Patton Drive 108-1-18 9 Patton Drive 108-1-19 23 Mountain View 108-1-24.2 319 Ridge Road 108-3-17 14 Ft. Amherst Road 106-4-13 49 McArthur Drive 107-1-13 55 McArthur Drive 107-1-14 57 McArthur Drive 107-1-15 61 McArthur Drive 107-1-16 60 McArthur Drive 107-1-17 ARTICLE IV ADMINISTRATION Section 1. All sewer rents shall be due and payable at the Office of the Town Tax Collector. Section 2. Bills will be sent out to all property owners by the Town Tax Collector and the failure of any property owner to receive a bill promptly shall not excuse nonpayment of the same, and in the event the property owner fails to receive a bill promptly, he shall demand the same at the Town Tax Collector's Office. Section 3. Terms of payment: Bills will be rendered at the net amount and will be due on the last business day of the calendar month when rendered. Section 4. If bills are not paid within one (1) month from the date due, a penalty of five (5%) percent will be added to the same and if unpaid thereafter, a penalty of one (1%) percent per month will be added until the amount shall have been paid or until the sewer rent is levied in accordance with Section 6 hereof. Section 5. Sewer use rents shall constitute a lien upon the real property served by the sewer system or such part or parts thereof for which sewer rents are hereby established. The lien shall be prior to and superior to every other lien or claim except the lien of an existing tax assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof. Section 6. The Town Tax Collector shall annually on or before the 1st day of April, certify the amounts of all unpaid sewer rents including penalties, computed to the first day of March with a description of the real property affected thereby and shall present such certificate to the Town Board which shall enter the same or an abstract thereof in the minutes of the meeting. The Town Board shall levy such amounts against the real property liable therefore as part of the annual Town tax levy, setting forth such amounts in separate columns in the annual tax roll. The sewer rent fund shall be credited with the amount of all such unpaid sewer rents, including penalties, and such amounts, when collected, shall be credited to the general fund. The amounts so levied shall be collected and enforced in the same manner and at the same time as other Town charges. ARTICLE V EFFECTIVE DATE Section 1. This local law shall take effect immediately. DISCUSSION HELD SUPERVISOR BORGOS-What the Board wishes to act on today is a Resolution that would resolve the issue of the Sewer Rent Law based on the last Public Hearing that we had. We are under a time crunch to get this done, and we know we still have some outstanding issues that were raised from the first time and the last time. COUNCILMAN MONAHAN-I would assume that even if they passed this, this is kind of a stop gap matter right now we are going to work on it to refine it for another year? SUPERVISOR BORGOS-Yes. I understand that we can even refine it in the weeks and months ahead and return money to people if we have a problem that way. RESOLUTION HIRING ACCOUNTANT FOR FIRE DISTRICT RESOLUTION NO. 148,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: 154 WHEREAS, the Town Board of the Town of Queensbury, pursuant to agreements reached with the fire companies providing fire protection service for the Town of Queensbury Fire Protection District, agreed to retain a certified public accountant at its expense, to work with a committee of five (5) fire companies and a committee of three (3) rescue squads to draft and recommend a standard format for accounting purposes, such final format being subject to approval by the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that Michael J. McCarthy, CPA, of Stulmaker, Roach, Dorfman & Co., is hereby retained as a Certified Public Accountant to work with the' Town Board of the Town of Queensbury and a committee of the five (5) fire companies and a committee of the three (3) rescue squads to draft and recommend a standard format for accounting purposes at a rate not to exceed $55.00 per hour or a total amount not to exceed $2,200.00, and under terms of an agreement for services to be in a form approved by the Town Attorney for the Town of — Queensbury, and BE IT FURTHER, RESOLVED, that Michael J. McCarthy, CPA, of Stulmaker, Roach, Dorfman & Co., shall be paid from the fire district budget, miscellaneous contractual account - F-2853410440. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF PROPOSED CONSTRUCTION OF A BUILDING TO HOUSE GENERATOR FOR THE WATER TREATMENT PLANT RESOLUTION NO. 149,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury on behalf of the Queensbury Consolidated Water District, is desirous of constructing a building to house electrical service and an emergency generator for the Water Treatment Plant Facility and authorize and award bids for the said construction, and WHEREAS, the proposed project is an unlisted action under the New York State Environmental Quality Review Act (hereinafter "SEQRA"), and WHEREAS, a Short Environmental Assessment Form pertaining to the project has been presented to the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the Short Environmental Assessment Form, NOW, THEREFORE, BE IT RESOLVED, that: 1. The project is subject to review under the State Environmental Quality Review Act, 2. a federal agency does not appear to be involved, 3. no other state or local agencies appear involved, 4. the project is an unlisted action, 5. the preparation of a short environmental assessment form is satisfactory for the review of the project pursuant to SEQRA, 6. it is hereby determined that the project will have no significant environmental impact, 7. the Town Supervisor is hereby authorized and directed to execute and file as necessary a negative declaration indicating that the project will have no significant adverse environmental impacts. Duly adopted this 7th day of March, 1989, by the following vote: 155 AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF BUILDING TO HOUSE EMERGENCY GENERATOR AT WATER TREATMENT PLANT FACILTY RESOLUTION NO. 150,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury on behalf of the Queensbury Consolidated Water District desires to construct a building to house electrical service and an emergency generator for the Water Treatment Plant Facility, and WHEREAS, plans and specifications have been prepared by Kestner Engineers, P. C., for said building, and • WHEREAS, Kestner Engineers, P. C., requested the advertisement for bids for the construction of the said building and Darleen Dougher, Town Clerk of the Town of Queensbury advised that said notice was published in the official newspaper of the Town of Queensbury on November 2,1988, a copy of the notice to bidders being published in the official newspaper being presented at this meeting, and WHEREAS, Kestner Engineers, P. C., advises that the bidding was indefinitely postponed on November 15, 1988 by contractum addendum no. 2, and bidders were requested to retain all plans and specifications, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the proposed construction of said building to the lowest responsible bidder meeting New York State requirements, and WHEREAS, the Town Board of the Town of Queensbury is desirous of proceeding with the bidding process, for the construction of the aforementioned building, NOW, THEREFORE, BE IT -- RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and ratifies the actions of Kestner Engineers, P. C., in requesting advertisement for bids for the construction of the said building and hereby directs that the bidding process be continued with any further notices that are necessary to apprise bidders of changes, if any, in any bidding documents and of the new date by which bids are due and notice to all bidders shall indicate that bids will now be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until but not later than the 12th day of April, 1989, at 2:00 p.m., and bids will be publicly opened and read at 2:05 p. m., by the Town Clerk of the Town of Queensbury, and that such notice shall also indicate that the Town Board of the Town of Queensbury still reserves the right, at its discretion, to reject all bids and readvertise for new bids as provided by the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen M. 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., April 12, 1989, read the same aloud and make a 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 7th day of March, 1989, by the following vote: r AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO HIRE PART-TIME SECRETARY RESOLUTION NO. 151,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: 156 WHEREAS, the Town Attorney for the Town of Queensbury has requested additional secretarial assistance for his office, and WHEREAS, the Town Board of the Town of Queensbury, by virtue of Section 20 of the Town Law of the State of New York, has the authority to employ such employees as the Town Board may determine necessary for the proper conduct of affairs of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized to retain and employ a part-time secretary, whose hours shall not exceed 20 hours per week without further authorization of the Town Board of the Town of Queensbury, and whose salary shall not exceed the amount of $7.50 per hour worked, and BE IT FURTHER, — RESOLVED, that the 1989 budget for the Town Attorney be amended to appropriate $5,000.00 from account no. A 115-1420-440 (Town Attorney ContraVtual Account) to account no. A 115-1420-126 (Part-time Legal Secretary Account), to pay for the salary for said legal secretary. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 152,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that the 1989 Audit showing on abstract on March 7th, 1989 Number from 89-447 - 89-271 and totaling 21,020.00, be and hereby is approved. Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 153,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss the following: 1. Matter of litigation Boychuck vs. Town of Queensbury 2. Personal matter - employment of para legal as previous approved for the Attorney 3. Land acquisition 4. Personal problems dealing with the Recreation Commission Duly adopted this 7th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos — NOES: None ABSENT:Mr. Kurosaka On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk-Town of Queensbury