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1990-03-19 228 Q TOWN BOARD MEETING MARCH 19th, 1990 7:30 P.M. I BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR GEORGE KUROSAKA-COUNCILMAN RONALD MONTESI-COUNCILMAN BOARD MEMBERS ABSENT MARILYN POTENZA BETTY MONAHAN TOWN ATTORNEY PAUL D USEK TOWN OFFICIALS RICK MISSITA, KATHLEEN KATHE, RICHARD ROBERTS, HARRY HANSEN, Members of the Recreation Commission and Members of the Citizens Advisory Committee on Environmental Issues GUEST Joseph Dybos, Frank Bly and Robert Barber PRESS: Channel PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS PUBLIC HEARING - LAND ACO.UISiTION - QUEENSBURY CONSOLIDATED WATER DISTRICT 7:35 p.m. SUPERVISOR BORGOS-The Town of Queensbury Water District is interested in purchasing 2 parcels of property. One is a small sliver of land out next to the current water treatment plant. I believe it's somewhere around half an acre in size, it's truly a pie shape sliver. The other parcel, I'll check with our Attorney, it's just about 4 acres of land on West Mountain Road at the site of a present water storage tank and the purpose in seeking approval to purchase that is so that we can get into it with some kind of a reasonable road access instead of climbing the hill. A very steep fashion each time and always digging up the soil and everything runs across the road and creates problems. That's the purpose of the public hearing. Is there anyone here to speak about that? It's been advertised, is that correct? TOWN CLERK DOUGHER-Yes, it has. SUPERVISOR BORGOS-1 know I've seen it in the paper. Anyone here to speak for or against that proposal? I didn't think so. PLINEY TUCKER-How much money is involved? SUPERVISOR BOR GOS-Not to exceed for the 2 parcels, 27 thousand dollars. It's five thousand dollars an acre for the land on West Mountain Road which is pretty reasonable to be purchased from the Lehman family and I think it's a total of 2 thousand dollars for the sliver of land to be purchased from a church next to the water plant. MR. TUCKER-That's to put up that new building? SUPERVISOR BORGOS-That would be to make room so you could ...the building itself wouldn't be on there. As I understand it the road next to the building that we are required to keep open for Niagara Mohawk would be right there. COUNCILMAN MONTESI-We have a 50 foot road way now that leads right on our property line to the damn. It would be our desire to move that 50 foot road over to the 50 foot sliver that we're buying and then we'll be able to put our maintenance building on that existing roadway. MR. TUCKER-Is the County still interested in part of that? COUNCILMAN MONTESI-The County is interested in our maintenance building. Is helping us build our maintenance building for water and sewer treatment plant part of it, and they're going to lease or purchase some form of on agreement a couple of days from us in helping us to build that. Right across the road they have their sand pile and they have ... SUPERVISOR BORGOS-Front end loader and good question, what other piece? I think they 229 us to build that. Right across the road they have their sand pile and they have ... SUPERVISOR BOROOS-Front end loader and good question, what other piece? I think they wont 2 days. That will be decided soon. Anyone else wish to speak about the building? Excuse me, about the land acquisition? Hearing no one else. Board members hove any comments? No comments, we'll close that hearing. PUBLIC HEARING CLOSED PRESENTATIONS SUPERVISOR BORGOS presented and read Letter of Accommodation to Mr. Frank Bly, post member of Queensbury Recreation Commission. Ali BL Y-Noted his happiness with the progress that he's seen over the years with regards to : urney Lone and expressed hope that the Town's river property would someday be developed. SUPERVISOR BORGOS presented and read Letter of Accommodation to Mr. Joseph Dybos, post member of Queensbury Planning Board. MR. DYBAS-Would like to thank the Town Board for appointing me and noted his pleasure in serving the community. DISCUSSION - MANDATORY RECYCLING PROGRAM ROBERT BARBER, President of North American Recycling Corporation spoke to the Town Board about recycling programs that North American provides. Requested that the Town Board consider a mandatory recycling program for the residents of the Town of Queensbury, also spoke about program he has reviewed with the Queensbury Highway Superintendent regarding the use of crushed gloss and blacktop material. BILL /MORTON, Chairman for the Citizens Advisory Committee spoke to the Town Board regarding o recycling program for toxic household waste and trail systems. He introduced Committee members that were present. Ralph Nestle, member spoke to the Town Board regarding Clean Up Day scheduled for the fall and requested permission from the Town Board to publicize, Clean Up Day, the recycling and household toxic waste day. OPr V FOR UM 8: D.M. BARBARA BENNETT, Dixon Rood-Noted the Town's effort for the return of the Girls High School Basketball State Tournament a success and very much appreciated. Questioned whether the agreement for them to return to Queensbury is for one year only? SUPERVISOR BORGOS-Fortunately it is a three year agreement, they'll be back again in 91 and 92. It is a true community effort. MS. BENNETT-As it keeps growing, I hope Queensbury and Glens Falls will work together towards bringing the Girls to the Civic Center. SUPERVISOR BORGOS-Discussions hove been held ... we'll see what happens. TONY SALVAREZZA, 4 Walton Court-Noted o serious problem with dirt bikes in the Town. It's a shame what they're doing to the environment, digging up everything and it's unsafe to even take o walk. I live near the power lines and during the summer time I'm faced with them constantly. I've contacted the police deportment and NIMO for their help but even with their efforts, it's been unsuccessful. Would like to recommend police stakeouts on o regular basis. SUPERVISOR BORGOS-We've been fighting this problem for a number of years. There's no easy solution. Questioned whether the Town had any type of regulations for this type of activity? M SALVAREZZA-Noted that the Town of Wilton has on ordinance that went into effect in.- 85 with all kinds of regulations, registration of the vehicles, types of equipment, muffler system, operation rules. (shown to Supervisor) ATTORNEY DUSEK-There is on ATV ordinance. Noted that one of the problems is that the Vehicle and Traffic low also has regulated these and many of the ordinances that Town's hove on the books, including our Town, hove been superseded by the Vehicle and Traffic Law in many regards, if not entirely. I would be happy to give you a copy of the vehicle and traffic low which if it does cover the exact some issues, then it's already on the books as for as 230 enforcement is concerned and there's really nothing further the Town can do. SUPERVISOR BORGOS-The best we con do is request more enforcement. It's just a very difficult issue. If you know of any particular pattern, you might call my office. MR. SAL VAREZZA-i notice weekends all day and end of day during school days. SUPERVISOR BORGOS-i'll speak with the sheriff and see what we con do. PLINEY TUCKER, Word 4-Referred to water treatment plant, quotes from the Mayor of Glens Falls compared to quotes for the Queensbury plant that appeared in the paper. Questioned the difference in cost? SUPERVISOR BORGOS-The City had a study done, the study used numbers that were generated for the City's own construction of a packaged water treatment plant. The numbers used for comparison purposes were numbers provided for Queensbury by a consulting engineer a few years ago based on the addition of 5 or perhaps 70 million gallons to our plant. Those were just proposals, reasonably okay but not too accurate. The numbers have to be refined. As we're looking now to going to a much larger plant if the City were to join us, those numbers probably would fall dramatically and it would be o different kind of plant, different from the package plant. We're getting our numbers together now and we're making a serious pitch to the City that they should join with us, become port of the expanded Queensbury Water plant. We hope to know in the next few months the total proposed new size of the new plant, move ahead with that and be able to tell the City at that time the cost to buy into the plant. The Town of Moreau and the Town of Kingsbury has been in contact with us. I believe we're going in the direction of a Regional Water Treatment Plant. MR. TUCKER-Referred to street lights needed at the end of Pine and Luzerne Road. COUNCILMAN KUROSAKA-On my list, under the next group of lights to go in. MR. TUCKER-Recommended that one be put in at the corner of Sherman island and Corinth roads. Questioned who someone would notify if they noticed a street light on all day? SUPERVISOR BORGOS-Best to call my office. COUNCILMAN MONTESI-Made suggestion that if they're found not working, to also notify the Supervisor's office. MR. TUCKER-Referred to the Town Board holding on Executive Session and questioned whether a record of discussion is kept? ATTORNEY DUSEK-The Board does not take official action when it's behind closed doors. The Board could take official action behind closed doors but then there would hove to be o record of it and publication of that record. My advice to the Board has been, not to do that, but rather meet for discussion of things behind closed doors and then go back to public session to take official action with the Clerk taking it down. CLIFFORD HARTMAN, West Mt. Road-Would like to make a request to hove a water line be put in the area of West Mt. Road north of Aviation Road if it's possible to provide Queensbury water to the residents of that area. SUPERVISOR BORGOS-Noted that the study has been recently finished and hope to have it before the Board for the next meeting to set a public hearing. ATTORNEY DUSEK-Because you are creating a district, you've got SEQRA and other procedures, I would recommend at least 30 days before a public hearing is held from the time you set the public hearing. SUPERVISOR BOR GOS-So the first meeting in May there should be a public hearing to create your water district. I've seen the engineering plans, it's all designed, the cost figures look pretty good which will be available to the public. We'll hold the public hearing and if the residents of that area wont it, if it's approved, it will be built this summer. RESOLUTIONS RESOL UTION TO APPROVE MINUTES RESOLUTION NO. 163, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Minutes of February 5th and 26th of 1990. 231 Duly adopted this b9th day of March, 7990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION OF APPRECIATION RESOLUTION NO. 164, 1990, Introduced by the Entire Town Board. )HEREAS, the Queensbury Town Board wishes to recognize Joseph S. Dybos for his work --with the Queensbury Planning Board, and WHEREAS, Joseph S. Dybos, a resident of the Town of Queensbury, has served the Town with distinction, and WHEREAS, Joseph S. Dybos was o dedicated member of the Queensbury Planning Board from January 24, 1978 through February 28, 1990, and WHEREAS, the Town has grown dramatically since he took office twelve years ago and he has contributed countless hours to progressive planning within the Town of Queensbury, and WHEREAS, Joseph S. Dybos has submitted his resignation from the Queensbury Planning Board effective March 1, 1990, NOW, THEREFORE BE IT RESOLVED, that the Town Board accepts with regret the resignation of Joseph S. Dybos from the Queensbury Planning Board and, BE IT FURTHER RESOLVED, that the Town Board, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Joseph S. Dybos for the time and effort he has so generously contributed toward making Queensbury o better place in which to li ve. ')uly adopted this 19th day of March, 1990, by the following vote: —yes: Mr. Kurosoka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION OF APPRECIATION RESOLUTION NO. 165, 1990, Introduced by the Entire Town Board. WHEREAS, the Queensbury Town Board wishes to recognize Francis J. Bly for his work with the Queensbury Recreation Commission, and WHEREAS, Francis J. Bly, a resident of the Town of Queensbury, has served the Town with distinction, and WHEREAS, Francis J. Bly was a dedicated member of the Queensbury Recreation Commission from January 8, 1970 to February 28, 1990, and WHEREAS, during the 20 years he served the Town, the Recreation Deportment hired its first full time Director in 7978; the first Recreation Master Pion was completed in 1982; and the present concrete pool was constructed at the Gurney Lone Recreation Center in 1986, and VHEREAS, Francis J. Bly has been o valuable contributing member of the Recreation —,ommission during his tenure, NOW, THEREFORE BE IT RESOLVED, that the Town Board, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Francis J. Bly for the time and effort he has so generously contributed toward making Queensbury o better place in which to live. 232 Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosbko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION TO AMEND BUDGET RESOLUTION NO. 166, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town Board of the Town of Queensbury, during the establishment of the Town budget for 1990 established a budgetary line for the Bay Road Extension Water District, and WHEREAS, said district does not, as of this date, have a legal existence and there ore no expenses or revenues accruing to the some, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to delete all expense and revenue line items in connection with W17, the budget established for the Bay Road Extension Water District, and BE IT FURTHER RESOLVED, that the 1990 Town of Queensbury Town budget is accordingly amended. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. K urosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION AUTHORIZING USE OF CHASE LINCOLN FIRST BANK, NA OUTGOING WIRE TRANSFER FACILITIES RESOLUTION NO. 167, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosako. WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the use of outgoing wire transfer facilities of the Chase Lincoln First Bank, NA, and WHEREAS, the Chose Lincoln First Bank, NA has indicated that the use of its outgoing wire transfer facilities must be in accordance with a written agreement, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury, Mr. Stephen Borgos, and/or the Deputy Town Supervisor, Mrs. Marilyn Potenza, to transfer funds as may be necessary from time to time, from any account with the Chase Lincoln First Bank, NA, to so transfer funds when requested to do so by either Mr. Borgos, Town Supervisor, or Mrs. Potenza, Deputy Town Supervisor, and BE IT FURTHER RESOLVED, that the method by which instruction will be given to the Chase Lincoln First Bank, NA, for transfer of funds, shall be by letter signed by the Town Supervisor, or in his absence, the Deputy Town Supervisor, and BE IT FURTHER RESOLVED, that the said Town Supervisor and Deputy Town Supervisor are hereby authorized to give instructions to the Chase Lincoln First Bank, NA, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby indicates its agreement that Chose Lincoln First Bank, NA's obligation is limited to the exercise of reasonable care 233 in handling instructions which it believes comes from authorized individuals. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION CONCERNING DEPOSIT ACCOUNTS WITH THE FIRST NATIONAL BANK OF GLENS FALLS ZESOLUTION NO. 168, 1990, Introduced by George Kurosoko who moved for its adoption, econded by Ronald Montesi. RESOLVED, that the First National Bank of Glens Falls be and it hereby is designed a depository of this municipal corporation, the Town of Queensbury, with authority to accept of any time for the credit of this municipal corporation deposits by whomsoever mode of funds in whatever form and in whatever manner endorsed, and said Bank be and it hereby is authorized and directed to pay or otherwise honor or apply without inquiry and without regard to the application of the proceeds thereof, checks, drafts, notes, bills of exchange, acceptances, undertakings and other instruments or orders of the payment, transfer or withdrawal of money on deposit with it to the credit of this corporation, for whatever purpose and to whomsoever payable, including those drown or endorsed to the individual order of a signer, when signed, accepted, or endorsed by any one of the following named persons, or persons from time to time holding the following offices of this corporation: Stephen Borgos, Town Supervisor, Marilyn Potenzo, Deputy Town Supervisor, and BE IT FURTHER RESOLVED, that the oforenomed officers ore hereby empowered to act for and on behalf of the Town of Queensbury in any of its business with said bank within the authority prescribed in the foregoing resolution. )uly adopted this 19th day of March, 1990, by the following vote: —_I yes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION AUTHORIZING INTERFUND ADVANCE RESOLUTION NO. 169, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing a temporary . advance of moneys presently held in certain funds to the sewer district fund numbered S-4, and WHEREAS, Section 9(o) of the General Municipal Low of the State of New York authorizes o temporary advance of moneys held in any fund to any other fund of the Municipal Corporation, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a transfer to the sewer district fund account S-4 from the following accounts, in the amounts indicated: D-99-1-0201 - CASH, SAVINGS, HIGH WA Y $700,000. 00 --- F-99-1-0201 - CASH, SA VINGS, FIRE PROTECTION $100,000. 00 H37-99-1-0201 - CASH, SA VINGS, TOWN OFFICE BL D($700,000. 00 H52-99-1-0201 - CASH, SAVINGS, QUAKER ROAD WATER MAIN $100,000. 00 W 11-99-1-0201 - CASH, SAVINGS, CLENDON BROOK 234 WATER DISTRICT $100,000.00 BE IT FURTHER " RESOLVED, that the Town Supervisor and Chief Fiscal Officer for the Town of Queensbury is hereby authorized to immediately transfer the funds as authorized in this resolution, and BE IT FURTHER RESOLVED, that the Town Supervisor and Chief Fiscal Officer shall arrange with the Accounting Deportment to keep suitable records of the temporary advance authorized herein, and BE IT FURTHER RESOLVED, that moneys temporarily advanced pursuant to this resolution shall be repaid to the fund from which they were advanced as soon as available, but in no event, no later than the close of the fiscal year. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PRE-ENGINEERED METAL BUILDING RESOLUTION NO. 170, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury, on behalf of the Queensbury Consolidated Water District is desirous of purchasing a pre-engineered metal building package to be used as on Emergency Generator Building in accordance with the bidding documents presented at this meeting, which bidding documents include a Notice to Bidders to be published in the Town's official newspaper and posted as required by law, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed purchase 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 on advertisement in the form of the notice a part of the bid documents presented at this meeting, for bids for the purchase of the pre-engineered metal building package 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 April 16th, 1990, 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-odvertise for new bids as provided by laws of the State of New York, and BE IT FURTHER RESOLVED, that Miss Dorleen 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., read the some aloud, and make record of the some 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 19th day of March, 1990, by the following vote: — Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan 235 RESOLUTION REGARDING HIGGS & CRAYFORD ENGINEERING FEES RESOLUTION 90. 171, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town of Queensbury has adopted regulations whereby it bills applicants for engineering services paid for by the Town in connection with subdivision plat and site plan review, and WHEREAS, a billing was rendered to Higgs and Croyford, and WHEREAS, Higgs and Croyford has requested that the Town review the bill and revise the some in light of the fact that two engineers reviewed the some project, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby directs and authorizes Higgs and Croyford to be billed only for the services of Rist-Frost Associates, P.C., and not for the services of Kestner Engineers, and thereby settle all claims the Town has against Higgs and Croyford for subdivision review. Duly adopted this 79th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION APPROVING FINANCIAL REPORT OF FIRE COMPANIES/RESCUE SQUADS RESOLUTION NO. 172, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town of Queensbury has previously contracted with the following fire companies and rescue squads: Bay Ridge Volunteer Fire Co., Inc., (Fire Company and Rescue Squad inclusive), North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., West Glens Falls Volunteer Fire Co., Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Rescue Squad, Inc., and WHEREAS, pursuant to the provisions of the aforesaid contracts, the Fire Companies agree, among other things, to hove a cash basis audit performed by a qualified public accountant each year and submit the audit to the Town Clerk of the Town of Queensbury, on or before September 15th of the following year, with the audit account names, codes, and format to be agreed upon by all fire companies and rescue squads, and with the said account names, codes, and standard format to be subject to the final approval by the Town Board of the Town of Queensbury, and WHEREAS, a standard financial report has been drafted by Stulmoker, Roach, Dorfmon & Co., a copy of the some being presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the use of the standard financial report presented at this meeting by all fire companies and rescue squads, and BE IT FURTHER, RESOLVED, that all fire companies and rescue squads hereby indicate their agreement to use the form and approval thereof by either using the form to submit their first reports or by submitting a written letter to the Town Supervisor so indicating their approval. Duly adopted this 19th day of March, 1990,by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION AUTHORIZING CONTRACT WITH JIMAPCO 236 RESOLUTION NO. 173, 1990,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosako: WHEREAS, the Town Board of the Town of Queensbury desires to contract with JIMAPCO for production of on advertising map for the Town of Queensbury, which mop will be two-sided, with a mop of the Town of Queensbury appearing on one side and a map of Warren County on the other, and WHEREAS, a proposed contract has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the contract presented at this meeting and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the contract on behalf of the Town of Queensbury. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. K urosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION SETTING PUBLIC 11EARING ON PROPOSED MODIFICATION OF RESCUE SQUAD CONTRACTS RESOLUTION NO. 174, 1990,Introduced by Mr. George Kurosoko who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., West Glens Falls Emergency Squad, Inc., and the North Queensbury Rescue Squad, Inc., have entered into separate contracts for ambu lance service for the years 1989-1991, and WHEREAS, the aforesaid Rescue Squads hove contacted the Town Supervisor for the Town of Queensbury and have requested payment for certain expenses for Advances Life Support (ALS) training, which payment had not been provided for in the contracts, and would cause further sums, over and above the agreed upon contract price, to be paid to the Rescue Squads, and WHEREAS, the Town Board of the Town of Queensbury feels that if such A.L.S. training were provided for, it would benefit not only Rescue Squad workers themselves, but the residents of the Fire Protection District for which services were contracted for by the Town Board of the Town of Queensbury, and WHEREAS, said contracts provided therein that in the event special circumstances occur prior to the schedules termination and anticipated renegotiation of the contracts, the parties could meet to renegotiate the terms of said contracts, and WHEREAS, Town Low Section 184 (8), provides that by mutual consent of the contracting parties, and after public hearing held on due notice, the contract may be: 0 amended, 2) terminated in a new contract entered in lieu thereof, if the Town Board, after such hearing, shall determine by resolution that it is in the public interest to do so, and WHEREAS, the Town Attorney for the Town of Queensbury has drafted a proposed modification to the contract presently in existence between the parties, the some being presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that pursuant to the provisions of Town Law Section 184, that a public hearing be had with reference to the aforesaid modification to the contracts between the Town of Queensbury and the Rescue Squads, on April 16th, 1990, at the Queensbury Activities Center, Bay at Havilond Road, Queensbury, New York, 12804, at 7:30 p.m., and that notice of such -- hearing be published in the official newspaper of the Town, once, at least ten days prior to the say specified for the hearing, and that such notice shall specify the time when, and the place where, said hearing will be held and describe in general terms, the proposed modification to the contracts with the aforesaid Rescue Squads. Duly adopted this 19th day of March, 1990, by the following vote: 237 Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION SETTING PUBLIC HEARING ON TOWN FIRE PROTECTION CONTRACT RESOLUTION NO. 175, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, there has been duly established in the Town of Queensbury a Fire Protection )istrict known as the Town of Queensbury Fire Protection District embracing the entire erritory of said Town and the Town Board of :said Town has previously arranged to provide .—Tire protection therein by contracts with five (5) ,Fire companies known as: Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., and WHEREAS, the contract with the North Queensbury Volunteer Fire Co., Inc., expired December 31, 1989 and a new contract has been drafted and accepted for 1990, a copy of the some being presented at this meeting, and WHEREAS, Section 184 of the Town Law requires a public hearing upon the contract provisions for such fire protection, NOW, THEREFORE BE IT RESOLVED, that a public hearing be had with reference to the proposed contract with the North Queensbury Volunteer Fire Co., Inc., for the furnishing of fire protection in a portion of the Town of Queensbury Fire Protection District on April 16th, 1990, at the Queensbury Activities Center, Town of Queensbury, 531 Boy Road, Queensbury, New York at 7:30 p.m., and that notice of such hearing be published in the Post-Star Newspaper, once at least 10 days prior to the said hearing, and that such notice shall specify the time when the place where said hearing will be held and describe in general terms the proposed contract, and be in the form presented at this meeting, and cE IT FURTHER ----ilESOLVED, that copies of the proposed contract be kept and maintained in the Town Clerk's Office and be made available for inspection by any interested party. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION APPROVING FIRE COMPANY EQUIPMENT PURCHASE RESOLUTION NO. 176, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc., entered into on agreement dated December 30, 1988, and such agreement is still in full force and effort, and WHEREAS, said agreement set forth a number of terms and conditions, including on agreement that the Fire Company would not purchase or enter into any binding contract purchase, any ,iece or apparatus of equipment, at a cost exceeding the sum of $50,000.00 without prior pprovol of the Town Fire Study Committee and approval of the Town Board of the Town f Queensbury, and WHEREAS, the Queensbury Central Volunteer Fire Company, Inc., has indicated it desires to purchase a CF686 Mack Chossie for the sum of approximately $96,000.00, and WHEREAS, the Queensbury Fire Study Committee has voted unanimously for Queensbury Central Volunteer Fire Company, Inc., to look into purchasing the CF686 Mack Chossie, and WHEREAS, it is the understanding of the Town Board that the full sum of money involved 238 for the purchase ill come from a truck fund which is being accumulated by the Queensbury Central Volunteer ire Company, Inc., for the specific purpose, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby. approves of the purchase of a CF686 Mack Chossie for the approximate sum of $96,000.00 by the Queensbury Central Volunteer Fire Company, Inc., subject to any further approvals, that may be necessary from the Queensbury Fire Study Committee. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION TO APPROVE CHANGE ORDER - CRONIN ROAD BRIDGE RESOLUTION NO. 177, 1990, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town of Queensbury previously let a contract for the installation of the Cronin Road Bridge, and WHEREAS, the contractor, Kubricky Construction Corporation, and the Engineer for the Town on the project, Rist-Frost Associates, P.C., have recommended a change order for the following purpose: Unstable soil conditions were encountered during excavation for the footings requiring the additional stone fill, and WHEREAS, said proposed change order has been presented at this meeting, and WHEREAS, Paul H. Naylor, Highway Superintendent, has indicated he feels the proposed change is appropriate, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves, as may be necessary, the change order presented at this meeting, and hereby states that the cost of such change order, $2,535.71, will be paid from the account established for the installation of the Cronin Rood Bridge, (H 53 1655 1204 73), and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury be and hereby is authorized to sign and execute the above-mentioned change order. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION CONCERNING NIAGARA MOHAWK FLOOD PROTECTION PLAN RESOLUTION NO. 178, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, Niagara Mohawk Power Corporation ("Niagara Mohawk") owns, operates, and maintains the Spier Falls and Sherman Island Hydro Dams and Developments on the Hudson —° River, and WHEREAS, said hydro doms and developments are subject to regulation by the Federal Regulatory Commission ("FERC"), and WHEREAS, FERC has directed Niagara Mohawk to take measures to avoid and mitigate potential loss of life and property in the event of a failure of the Spier Falls Dam due to a catastrophic flood event, and 239 WHEREAS, the flood f protection measures proposed by Niagara Mohawk generally implicate land on the Sherman Island impoundment below elevation 375 NGVD and particularly impact the existing Town of Queensbury Intake Structure ("Existing Structure") and any additions thereto or replacements thereof ("Potential Structure"), NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury agrees with, consents to, and supports the avoidance and mitigation of potential catastrophic flood impacts on the Existing Structure via the attached Flood Protection Plan ("Plan") proposed by Niagara Mohawk, provided: (a) said Plan is to be implemented, subject to FERC review and approval, and (b) said Plan is to be implemented at Niagara Mohawk's cost and expense, said cost and expense to be copped at -- on amount to be mutually agreed upon, and BE IT FURTHER RESOLVED, that the Town of Queensbury agrees to design, construct, operate, and maintain any Potential Structure on the Sherman Island impoundment above elevation 375 NGVD in order to ovoid and mitigate any potential damage caused by a catastrophic flood. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF PROPOSED PURCHASE AND INSTALLATION OF GASOLINE STORAGE TANK FOR STATE POLICE SATELLITE OFFICE RESOLUTION NO. 179, I990,In traduce d by Ronald Montesi who moved for its adoption, seconded by George Kurosoko: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting for the purchase and installation of a gasoline storage tank for the New York State Police Satellite Office located on Aviation Road, Town of Queensbury, and WHEREAS, the proposed project is on unlisted action under the New York State Environmental Quality Review Act (hereinafter "SE QRA"), and WHEREAS, a Short Environmental Assessment Form pertaining to the project has been presented to the Board, and WHEREAS, the Town Board has considered the Short Environmental Assessment Form, NOW, THEREFORE, BE IT RESOL VED that: 1. the project is subject to review under the State Environmental Quality Review Act; 2. a federal agency is not involved; 3. there ore no other state or local agencies involved, 4. the project is on unlisted, 5. the preparation of a Short Environmental Assessment for is satisfactory for the review of the project pursuant to SEQRA; 6. it is hereby determined that the project will have no significance environmental impact; 7. the Town Supervisor is hereby authorized and directed to execute and file, if necessary, a negative declaration indicating that the project will hove no significant adverse environmental impacts. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos 240 z Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE AND INSTALLATION OF GASOLINE STORAGE TANK FOR NEW YORK STATE POLICE SATELLITE OFFICE RESOLUTION NO. 180, 1990, Introduced by George Kurosoka who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting for the purchase and installation of gasoline storage tank as port of the construction project for the New York State Police Satellite Office located on Aviation Road, Town of Queensbury, in accordance with the bidding documents presented at this meeting, and WHEREAS, pursuant to Section 103 of the General Municipal Low, 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 on advertisement for bids for the purchase and installation of said gasoline storage tank 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 April 5th, 1990, 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 hove the right, at its discretion, to reject a// bids and re-advertise for new bids as provided by the laws of the State of New York, and Proposals shall be made and received upon the following conditions: Each proposal must be accompanied by the deposit of a certified check payable to the order of the Town of Queensbury, or a bid bond in the amount of 5% of the proposal, conditioned that if the proposal is accepted, the successful bidder will enter into a contract for the work and will execute, within 7 days from the date of the acceptance of the proposal, (l) a suitable security bond for the guarantee of payment of labor and materials as per specifications, and (2) a performance bond in the amount and containing the terms set forth in the bid specifications, for the faithful and prompt performance and completion of the work specified in the contract. All deposits, except that of a successful bidder, will be returned. Upon acceptance of his bid, if the successful bidder foils to enter into a contract pursuant to the requirements of the Board, or foils to give the further security prescribed in this notice within the time limited therefore, then the check deposited as aforesaid and the monies standing to the credit of the some shall be forfeited to the Town of Queensbury as liquidated damages, or the payment of the bond shall be enforced for the benefit of the said Town of Queensbury. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. K urosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION APPROVING CHANGE ORDER IN CONNECTION WITH CONSTRUCTION OF STATE POLICE SATELLITE OFFICE _- RESOLUTION NO. 181, 1990, Introduced by George Kurosoka who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town of Queensbury is presently under contract with Hilltop Construction Co., for the construction of a building to house a New York State Police Satellite Office, and WHEREAS, a change order has been proposed by Hilltop Construction Co., whereby Hilltop 241 Construction Cos, would be granted an extension of time of one (l) week to complete the contract due to unforseen changes and alterations to Hilltop's contract of others, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after giving the matter due consideration, hereby finds that on extension of time for the contract would be appropriate and hereby approves and authorizes on extension to the contract of one (1) week, such that the contract completion date would now be April 7, 1990, and BE IT FURTHER, RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized and directed to sign change order reflecting a new contract completion date, a copy of the some being presented at this meeting, and BE IT FURTHER, RESOLVED, that there will be no further poyments or credits due in connection with the aforesaid change order. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION AUTHORIZING CONTRACT WITH NEW YORK FIRE AND SIGNAL CORPORATION RESOLUTION NO. 182, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoka: WHEREAS, the Town of Queensbury is desiro,;rs of engaging the services of New York Fire & Signal Corporation for purposes of arranging for the repair and replacement of traffic control devices and components thereof as may be necessary and desirable by the Town of Queensbury, and WHEREAS, New York State Fire & Signal Corporation desires to offer to the Town of Queensbury the services of repoiring and replacing all traffic control devices and components thereof as may be necessary and desired by the Town of Queensbury, and WHEREAS, a contract for said services with New York Fire and Signal Corporation has been prepared, and WHEREAS, the aforesaid contract has been reviewed and approved by the Town Attorney of the Town of Queensbury, and said contract is presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the value of services to be rendered by New York Fire & Signal Corporation should not exceed $7,000.00, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and the Town Supervisor is hereby authorized and directed to execute the contract for services with the New York Fire and Signal Corporation, and said contract shall be filed with the Town Clerk of the Town of Queensbury. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosako, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION ACCEPTING CENTRAL QUEENSBUR Y QUAKER ROAD SEWER DISTRICT EASEMENT WITH MCDONALD'S CORPORATION AND AUTHORIZING SIGNATURE BY 242 TOWN SUPERVISOR RESOLUTION NO. 183, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko: WHEREAS, the Town Board of the Town of Queensbury previously obtained on easement from the McDonald's Corporation during the course of construction of the Central Queensbury Quaker Rood Sewer District, and WHEREAS, the aforementioned easement has been reviewed and is presented to this meeting, and WHEREAS, the form of the easement has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE, BE IT RESOL VED, that said easement is hereby accepted and approved by the Town Board, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to the easement and any and a// other documents necessary to record said easement in the Warren County Clerk's Office, and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to cause said easement and other documents to be recorded in the Warren County Clerk's Office, after which said easement shall be properly field and maintained in the office of the Town Clerk of the Town of Queensbury. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION ESTABLISHING TRAFFIC LIGHT CAPITAL PROJECT FUND RESOLUTION NO. 184, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko: WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a capital project fund to pay the cost of materials and labor for the installation of traffic lights within the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates, authorizes and establishes a capital project fund to be entitled, "The Traffic Light Capital Project Fund," with the budget to be $35,000.00, and BE IT FURTHER, RESOLVED, that said capital project fund sholl have the following accounts with appropriations in each account established as indicated. Engineering - $ 3,000.00 Equipment - $ 7,000.00 Miscellaneous Contractual Services - $25,000.00 and BE IT FURTHER, RESOLVED, that estimated revenue for said capital project fund shall be $35,000.00 with the source of said funding and revenue to be a transfer from the General Fund Contingent Account, No.: A-235-1990-440, in the amount of $35,000.00, and BE IT FURTHER 243 M RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed, to A) establish a fund number and account numbers, and B) transfer $35,000.00 from said General Fund Contingent Account to the Capitol Project Fund established by this resolution, and BE IT FURTHER, RESOLVED, that the 1990 Town Budget is hereby amended, as may be necessary, and BE IT FURTHER RESOLVED, that payments due Stilsing Electric Inc., in connection with the installation of — a traffic light at Bay and Hovilond Roads as authorized by resolution no. 721, 1989, shall be paid from the fund created by this resolution, and resolution 721, 1989, is amended to the extent that the some is inconsistent with this resolution, and the establishment of a Capital Construction Account for Traffic Signals and the authorization and direction of appropriations from the Surplus Account is hereby rescinded. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION AUTHORIZING SUPERVISOR TO SIGN LANDFILL AGREEMENT RESOLUTION NO. 185, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Queensbury - Glens Falls Landfill Agreement expired as of December 31, 1989, and WHEREAS, it is the desire of the Town of Queensbury to operate said landfill in the Town of Queensbury in cooperation with and in accordance with an agreement to be entered into with the City of Glens Falls, a copy of the some being presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and he hereby is authorized to execute an agreement with the City of Glens Falls for the operation of the landfill in cooperation with the City of Glens Falls under the terms and conditions specified in the agreement between the Town of Queensbury and the City of Glens Falls, a copy of said agreement being presented to this meeting. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION RETAINING ENGINEERING SERVICES OF FRANK D. WALTER, JR., P.E. ON BEHALF OF SHORE COLONY WATER DISTRICT RESOLUTION NO. 186, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury, on behalf of the Shore Colony Water District in the Town of Queensbury, is desirous of securing engineering services to study water treatment options and strategies for the Shore Colony Water District, and WHEREAS, Frank D. Walter, Jr., P.E., has offered to perform said engineering services, and WHEREAS, Thomas K. Flaherty, Director of Water, has indicated to the Town Board of the Town of Queensbury, that the offer of engineering services by Mr. Walter appears to be comprehensive for the cost involved, and recommends acceptance of the proposal, and WHEREAS, a proposal for engineering services has been reviewed by the Town Attorney and 244 an addendum added thereto, copies of which are presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Shore Colony Water District, hereby approves the proposal for engineering, services, and hereby authorizes and directs the Town Supervisor for the Town of Queensbury to execute, on behalf of the Town Board, the agreement presented at this meeting, securing the services of Frank D. Walter, Jr., P.E., and BE IT FURTHER RESOLVED, that the total amounts to be paid to Fronk D. Walter, Jr., P.E. shall not exceed the amount of $2,000.00 without further authorization from this Town Board, and payment -` for services shall be made from Water Deportment Account No. : W4-27-5-8330-471. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosako, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF REZONING RESOLUTION NO. 187, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is considering the rezoning of certain parcels of property, being Tax Mop No.'s : 126-1-30, 126-1-31, 126-1-32, 126-1-33, 126-1-34, 126-1-36, 126-1-35, 126-1-38, 126-1-40, 126-1-41. 1, 126-1-41.2, 126-1-42. 1, 126-1-43, 126-1-44, 126-1-45, 126-1-57, 126-1-59, 126-1-60, 126-1-61, 126-1-62, 126-1-63, 126-1-64, 126-1-65, 126-1-660 126-1-67, 126-1-68. 1, 126-1-68.2, 126-1-69, 126-1-70. 1, 147-1-1. 1, 147-1-1.2, 147-1-3, 147-1-4, 147-1-5, 147-1-6, 147-1-7, 147-1-8, 147-1-9, 147-1-10, 147-1-11, 147-1-12, 147-1-13, 147-1-14, 147-1-15, 147-1-16. 1, 147-1-16.2, 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 o Type I 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 hove a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Port iI of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor, Stephen Borgos, is hereby authorized and directed to complete and execute Part Ill of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town CLerk, Dorleen M. Dougher, is hereby authorized and directed to file the some in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos 245 Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF THE FOLLOWING TAX MAP NUMBERS: 126-1-30, 126-1-31, 126-1-32, 126-1-33, 126-1-34, 126-1-36, 126-1-35, 126-1-38, 126-1-40, 126-1-41. 1, 126-1-41.2, 126-1-42.1, 126-1-43, 126-1-44, 126-1-45,, 126-1-57, 126-1-59, 126-1-60, 126-1-6J, . 126-1-62, 126-1-63, 126-1-64, 126-1-65, 126-1-66, 126-1-67, 126-1-68. 1, 126-1-68.2, 126-1-69, 126-1-70.1 FROM SUBURBAN RESIDENTIAL 1 ACRE TO LIGHT INDUSTRIAL 1 ACRE AND CHANGE THE DESIGNATION OF THE FOLLOWING TAX MAP NUMBERS: 147-1-1. 1, 147-1-1.2, 147-1-3, 147-1-4, 147-1-5, 147-1-6, 147-1-7, 147-1-8, 147-1-9, 147-1-10, 147-1-11, 147-1-12, 147-1-13, 147-1-14, 147-1-15, N 147-1-16.1, 147-1-16.2 FROM SUBURBAN RESIDENTIAL 20,000 SQUARE FEET TO LIGHT INDUSTRIAL 1 ACRE RESOLUTION NO. 188, 1990, Introduced by George Kurosako who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is desirous of changing the zoning designation of the following parcels of property, being Tax Mop No.'s: 126-1-30, 126-1-31, 126-1-32, 126-1-33, 126-1-34, 126-1-36, 126-1-35, 126-1-38, 126-1-40, 126-1-41. 1, 126-1-41.2, 126-1-42. 1, 126-1-43, 126-1-44, 126-1-45, 126-1-57, 126-1-59, 126-1-60, 126-1-61, 126-1-62, 126-1-63, 126-1-64, 126-1-65, 126-1-66, 126-1-67, 126-1-68. 1, 126-1-68.2, 126-1-69, 126-1-70. 1, from Suburban Residential - 1 Acre to Light Industrial - 1 Acre, and WHEREAS, the Town Board also desires to change the zoning designation of the following parcels of property, being Tax Map No.'s: 147-1-1. 1, 147-1-1.2, 147-1-3, 147-1-4, 147-1-5, 147-1-6, 147-1-7, 147-1-8, 147-1-9, 147-1-10, 147-1-11, 147-1-12, 147-1-13, 147-1-14, 147-1-15, 147-1-16. 1, 147-1-16.2 from Suburban Residential 20,000 Square Feet to Light Industrial 1 Acre, and WHEREAS, o public hearing was held by this Town Board on November 20, 1989, at 7:30 p.m., at the Queensbury Activities Center, Bay at Haviland Road, Queensbury, Warren County, New York, and WHEREAS, on December 13, 1989, the Warren County Planning Board recommended approval of the rezoning, and WHEREAS, the Planning Board of the Town of Queensbury recommended approval of the rezoning on September 19, 1989, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning will have no significant environmental impacts, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area to be rezoned, NOW, THEREFORE BE IT RESOLVED, that the Zoning Ordinance of the Town of Queensbury is hereby amended to rezone the following to Light Industrial 1 Acre, thereby authorizing a// uses permitted under Section 4.020-N of the Town of Queensbury Zoning Ordinance in such area: The area designated as Tax Mop No.'s: 126-1-30, 126-1-31, 126-1-32, 126-1-33, 126-1-34, 126-1-36, 126-1-35, 126-1-38, 126-1-40, 126-1-41. 1, 126-1-41.2, 126-1-42. 1, 126-1-43, 126-1-44, 126-1-45, 126-1-57, 126-1-59, 126-1-60, 126-1-61, 126-1-62, 126-1-63, 126-1-64, 126-1-65, 126-1-66, 126-1-67, 126-1-68. 1, 126-1-68.2, 126-1-69, 126-1-70. 1, 147-1-1. 1, 147-1-1.2, 147-1-3, 147-1-4, 147-1-5, 147-1-6, 147-1-7, 147-1-8, 147-1-9, 147-1-10, 147-1-11, 147-1-12, 147-1-13, 147-1-14, 147-1-15, 147-1-16. 1, 147-1-16.2, and BE IT FURTHER RESOLVED, that the Town of Queensbury Zoning Map be amended to reflect the aforementioned changes of zone, and BE IT FURTHER RESOLVED, that pursuant to the requirements of Article II of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Low, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post-Star and obtain on Affidavit of Publication, and 246 BE IT FURTHER RESOLVED, that this amendment take effect ten (10) days after said publication. Duly adopted this 19th, day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO. 189, 1990; Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of McDonald Drive and Kimberly Lone, in the Southern Exposure Subdivision, offered for dedication by Mr. Robert E. McDonald, 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 on unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, 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 11 of the said environmental assessment form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part I11 of the said environmental assessment form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, 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 some in accordance with the provisions of the general regulations of the Deportment of Environmental Conservation. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION ACCEPTING DEDICATION OF MCDONALD DRIVE AND KIMBERLY LANE IN SOUTHERN EXPOSURE SUBDIVISION RESOLUTION NO. 190, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, Southern Exposure Subdivision has offered a deed to dedicate to the Town of Queensbury, McDonald Drive and Kimberly Lane in the Southern Exposure Subdivision, which are more particularly described in the survey map presented at this meeting and the original deed being presented to this meeting, and 247 WHEREAS, Pout 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 roods proposed to be dedicated to the Town of Queensbury and he has raised no objection to acceptance of the same, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made on inspection of water mains and appurtenances along said roads 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 roads offered for dedication hove been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and VHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued o negative declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed for dedication of the said roads be and the some is hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: ROAD NUMBER: 471 DESCRIPTION: An L-shaped rood, beginning on the west side of Sherman Island Road between lands now or formerly of Barry White and Lorry McDonald and running westerly then southwesterly to the north side of McDonald Drive, between lots 14 and 18 of Southern Exposure Subdi vison. NAME: Kimberly Lane FEET: 1,107' ROAD NUMBER: 472 DESCRIPTION: A cul-de-sac rood, beginning on the west side of Sherman Island Road between lots 22 and 23 of Southern Exposure Subdivision and running westerly to lots 7 and 8 of said subdivision. NAME: MCDONALD DRIVE FEET: 922' Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan —RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD ABANDONMENT RESOLUTION NO. 191, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko: WHEREAS, the Town Board of the Town of Queensbury is considering the abandonment of Paul Street, 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 on unlisted action pursuant to the Rules and Regulations 248 of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, 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 11 of the said environmental assessment form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part l/I of the said environmental assessment form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and file a negative declaration if necessary. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan ATTORNEY DUSEK-Referred to the attached short EAF, would like to note two corrections, appendix C, number 9, instead of what is stated, road/county service, that should be road/community service. Number 10, asks whether the action involves any other permit, approval or funding now or ultimately from any other governmental agency, the box is checked no, it should be checked yes, the Superintendent of Highways must give a final order of abandonment or approval. RESOLUTION OF CONSENT OF TOWN BOARD TO DISCONTINUANCE OF PAUL STREET RESOLUTION NO. 192, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosako: WHEREAS, the Town Board of the Town of Queensbury, having read the application of Doggett's Vending, Inc., asking for the discontinuance of Paul Street, a highway in the Town of Queensbury, as described in said application, and it appearing that said signed Releases have been received from adjoining land owners, and it appearing that there are no other persons or corporations other than these applicants, owning any premises through which said highway sought to be discontinued passes, or to which it being adjacent, and it further appearing that the said highway sought to be discontinued has become unnecessary and useless, NOW, THEREFORE, BE IT RESOL VED, that, after due deliberation, the Town Board of the Town of Queensbury does, pursuant to Section 171 of the Highway Low of the State of New York, hereby consent that said highway sought to be discontinued and described in the application be discontinued, and BE IT FURTHER RESOLVED, that the annexed written consent is hereby adopted and the members of the Town Board of the Town of Queensbury shall execute the some, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file and record this Resolution and the consent which hove been presented at this meeting. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoka, Mr. Montesi, Mr. Borgos Noes: None 249 Absent: Mrs. Potenzo, Mrs. Monahan ATTORNEY DUSEK-Noted that this is only a consent and in order for the abandonment to become effective, Paul Naylor must issue on order as Highway Superintendent, officially abandoning the road and filing that with the Town Clerk. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD ABANDONMENT RESOLUTION NO. 193, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka: 'HEREAS, the Town Board of the Town of Queensbury is considering the abandonment of portion of Seage Road, 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 on unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, 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 hove o significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Part 11 of the said environmental assessment form are satisfactory and approved, and RE IT FURTHER, ESOL VED, that the Town Supervisor is hereby authorized and directed to complete and -execute Port 111 of the said environmental assessment form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and file a negative declaration if necessary. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosako, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan ATTORNEY DUSEK-Referred again to the attached short EAF and that the some corrections as the previous ones are to be noted. RESOLUTION CONSENTING TO DISCONTINUANCE OF A PORTION OF SEA GE ROAD RESOLUTION NO. 194, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka: WHEREAS, the members of the Town Board of the Town of Queensbury, having read the application of Charles R. Wood, asking for a discontinuance or abandonment of a portion -C Seage Rood, o highway in the Town of Queensbury as described in said application and rrvey presented at this meeting, and it appearing that said portion of Seage Rood is not •esently used and it further appearing that traffic over said highway is limited to the applicants above named, and it further appearing that said highway has not been improved or repaired for some time, if ever, and it further appearing that there ore no other persons or corporations other than the applicants, owning any premises through which said Seage Road, sought to be discontinued, posses or to which it is adjacent, and it further appearing that the portion of said highway sought to be discontinued has become unnecessary and useless, NOW, THEREFORE, BE IT RESOLVED, that, after due deliberation, the Town Board of the Town of Queensbury, pursuant 250 to Section 171 on,d 205 of the Highway Low of the State of New York, hereby consent, in writing, that the said portion of highway be discontinued, and BE IT FURTHER RESOLVED, that the annexed written consent is hereby adopted and the members of the Town Board of the Town of Queensbury shall execute the some, and BE IT FURTHER RESOLVED, that the Town Clerk of the of the Town of Queensbury is hereby directed to file and record this Resolution and the consent which hove been presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to ascertain the status of ownership of that parcel of land which constitutes Seage Rood if the some is abandoned by the Highway Superintendent of the Town of Queensbury. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD ABANDONMENT RESOLUTION NO. 195, 1990, Introduced by Ronald. Montesi who moved for its adoption, seconded by George Kurosoka. WHEREAS, the Town Board of the Town of Queensbury is considering the abandonment of Old Glen Lake Road, 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 of the Town of Queensbury, 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 Port 11 of the said environmental assessment form are satisfactory and approved, and . BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Port I11 of the said environmental assessment form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and file a negative declaration if necessary. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan 25 -1 ATTORNEY DUSEK;Noted that this one, likewise, has the some changes to the EAF. RESOLUTION OF CONSENT OF TOWN BOARD TO DISCONTINUANCE OF A .PORTION OF OLD GLEN LAKE ROAD RESOLUTION NO. 196, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury, having read the application of Sheldon T. Chose and David J. Goodall, asking for the discontinuance of a portion of Old Glen Lake Rood, a highway in the Town of Queensbury, as described in said application, and it appearing at Glen Lake Road, an improved highway, has heretofore been constructed in the Town Queensbury and follows the general direction of the portion of Old Glen Lake Road which — sought to be discontinued, and serves generally the some purpose, and it further appearing that there are no other persons or corporations other than these applicants, owning any premises through which said highway sought to be discontinued passes, or adjacent to said highway to be discontinued, and it further appearing that the portion of said highway sought to be discontinued has become unnecessary and use less, and it appearing that consents of discontinuance have been presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that, after due deliberation, the Town Board of the Town of Queensbury does, pursuant to Section 171 of the Highway Low of the State of New York, hereby consent that said portion of the highway sought to be discontinued and described in the application be discontinued, and BE IT FURTHER RESOL VED, that a description of said roadway to be discontinued and presented at this meeting be and hereby is adopted as the description of the road to be that portion of Old Glen Lake Road to be discontinued,o and BE IT FURTHER RESOLVED, that the annexed written consent is hereby adopted and the members of the )wn Board of the Town of Queensbury shall execute the same, and rr IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file and record this Resolution and the consent and description of the portion of Old Glen Lake Road to be discontinued, which hove been presented at this meeting. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION FOR THE PURCHASE OF BLINDS FOR STATE POLICE SATELLITE STATION RESOLUTION NO. 197, 1990, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury has presently under construction a building which will house the New York State Police Satellite Office, and "'yEREAS, the Town Board of the Town of Queensbury is desirous to making certain ,provements to that building consisting of the purchase and.installation of vertical blinds, d WHEREAS, Lazarus of Glens Falls Ltd. has offered to supply said blinds and install the some at a cost of$1,395.00 complete, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor for the Town of Queensbury to make the said purchase of blinds from Lazarus of Glens Falls Ltd. for a sum not to exceed$1,395.00 complete with installation, and 252 BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute whatever documents and take such other and further steps necessary to complete the purchase and installation, and BE IT FURTHER RESOLVED, the cost of purchase and installation. of the blinds shall be paid for from the State Police Capital Project Account. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. K urosako, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF PROPERTY ACQUISITION RESOLUTION NO. 198, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town Board of the Town of Queensbury is considering purchasing two parcels of property, one from George G. Lehmann and Jone L. Lehmann, and another from the Champlain District of the Wesleyan Church, located adjacent to property owned by the Queensbury Consolidated Water District, 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 of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 677. 11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not hove o 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 ore satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Port Ill of the said environmental assessment form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and file a negative declaration form with the Town Clerk of the Town of Queensbury, if necessary. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION APPROVING PURCHASES OF PARCELS OF LAND REGARDING THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 199, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. 253 WHEREAS, the Town of Queensbury is desirous of purchasing certain parcels of land on behalf of the Queensbury Consolidated Water District, said parcels being generally described as: A) A parcel owned by George G. Lehmann and Jane L. Lehmann, adjacent to West Mountain Road Water Tank located on Town of Queensbury Consolidated Water District property, and B) A parcel owned by the Champlain District of the Wesleyan Church, adjacent to Corinth Road and adjacent to the northerly boundary of property currently owned by the Queensbury Consolidated Water District, and MEREAS, specific descriptions of the property to be acquired, the terms of purchase, and ►urchose price thereof, ore set forth in the contracts referred to above and presented at -.-.-his meeting, and WHEREAS, the maximum amount proposed to be expended for said purchase of property sholl not exceed the sum of $27,000.00, and WHEREAS, the expense occasioned by the purchase of said property will be assessed, levied, and collected from the several lots and parcels within the said Queensbury Consolidated Water District, in proportion as nearly may be to the benefit which each lot or parcel of land in said district will drive therefrom, and WHEREAS, the Town Board of the Town of Queensbury duly adopted a resolution on the 26th day of February, 1990, calling a public hearing to consider said proposed purchase of land in estimate of expense, to be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York, on the 19th day of March, 1990, at 7:30 p.m., and WHEREAS, notice of said public hearing was duly published and posted in the manner provided by low 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 time all persons interested were offered on opportunity to be heard, and WHEREAS, the Town Board was duly considered all of the evidence given at said public hearing, NOW, THEREFORE BE IT —RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Based on the evidence given at the aforesaid public hearing all other evidence previously submitted to the Town Board concerning this matter, it is hereby found and determined to be in the public interest to acquire the property previously described in the preambles hereof, at on estimated cost not to exceed $27,000.00, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury specifically finds that the parcel owned by George G. Lehmann and Jane L. Lehmann will provide better access to the West Mountain Road Water Tank owned and operated by the Queensbury Consolidated Water District, and the parcel owned by Champlain District of the Wesleyan Church adjacent to Corinth Rood, will provide for the ability to expand the facilities, and BE IT FURTHER RESOLVED, that the purchases are hereby approved pursuant to the satisfaction of conditions set forth in the contract, and the Town Supervisor for the Town of Queensbury is hereby authorized to execute the contracts on behalf of the Town Board of the Town of Queensbury and the Queensbury Consolidated Water District, and BE IT FURTHER RESOLVED, that if the conditions of the contracts are satisfied and the parcels are purchased in accordance with the terms of this resolution, the Town Supervisor for the Town of Queensbury is specifically authorized to execute all other documents that may be necessary to conclude this transaction of sale and place the seal of the Town of Queensbury on any documents that may be necessary to complete the purchase of the said parcels, and file any other applications and papers that may be necessary to satisfy the conditions of the contracts and to take all steps that may be necessary to conclude this transaction, and BE IT FURTHER 254 RESOLVED, that this resolution shall take effect immediately. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan COMMUNICATIONS BID OPENING - WATER DEPARTMENT - March 12, 1990 �. Original bids placed on file in the Town Clerk's Office. RESOLUTION TO ACCEPT BIDS FOR COPPER & BRASS FOR TOWN OF QUEENSBUR Y WATER DEPARTMENT RESOLUTION NO. 200, 1990, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for copper and brass, pursuant to Town of Queensbury Water Department Specifications, and WHEREAS, the firm of F.W. Webb Company has submitted the lowest bid for the copper, and the firm of Vellono Bros., Inc., has submitted the lowest bid for the brass, copies of the bid tabulation sheets being attached hereto, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has recommended that the bids be awarded to the aforesaid bidders, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for copper to F.W. Webb Company, and the bid for brass to Vellono Bros., Inc., and that said materials be paid from Water Department Account No.: WI-275-8340- 432. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION TO SET PUBLIC HEARING ON THE ENACTMENT OF LOCAL LAW NO. , 1990 -SEWER RENT LAW RESOLUTION NO. 201, 1990, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is desirous of amending o Local Law previously adopted and last amended by the Town Board of the Town of Queensbury on November 8th, by Resolution No. 627, 1989, which Local Law imposes sewer rents for the QueensburylQuoker Road Sewer District in the Town of Queensbury, and WHEREAS, the amendment currently proposed for said Local Low would amend the formula and amounts to be assessed as sewer rents and established different rates of payment for various classifications of property within the Sewer District as are specifically set forth in the proposed Local Law presented at this meeting, and WHEREAS, it is necessary to hold a public hearing with regard to the proposed amendments to said Local Low, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury on the proposed Local Low presented at this meeting on April 2nd, 1990, at 7:30 p.m., in the Queensbury Activities Center, Bay at Hoviland Road, Queensbury, Warren County, New York, 2 5.5 at which hearing"parties in interest and citizens shall have on opportunity to be heard as to whether the said Local Low, 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 Local Law remaining unchanged, 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 (70) days prior to the time 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 said Local Law as proposed to be amended, shall be mode available and inspection of the some 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 at Hovilond Rood, Queensbury, Warren County, New York, 12804. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 202, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. RESOLVED, that the Abstract appearing on March 19th, 1990, numbering 90-1187 thru 90-1421 and totaling $378,636. 16 be and hereby is approved. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION AUTHORIZING THE HIRING OFSECRETARY FOR TOWN ATTORNEY RESOLUTION NO. 203, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosoko. WHEREAS, the Town Attorney has requested of the Town Board further secretarial assistance in line of one additional secretary full time, and NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the hiring of a secretary by the Town Attorney and further directs that the Town Supervisor and the Town Attorney both work to comply with whatever rules and regulations may apply in so for as civil service is concerned, and BE IT FURTHER RESOLVED, that an additional secretary position is hereby established, and that the secretary will be paid for from the account that was previously designated for the paro-legal. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan RESOLUTION CALLING FOR EXECUTIVE SESSION 256 RESOLUTION NO. 204, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby enter into Executive Session to discuss litigation. Duly adopted this 19th day of March, 1990, by the following vote: Ayes: Mr. Kurosako, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenzo, Mrs. Monahan RESOLUTION TO RECONVENE RESOLUTION NO. 205, 1990,lntroduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosoko: RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into Regular Session. Duly adopted this 19th day of March, 1990, by the following vote: A YES: Mr. Kurosoko, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mrs. Potenzo, Mrs. Monahan RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 206, 1990,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosoko: 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 made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the 1988-89 and 1989-90 tax assessment rolls as indicated and as follows: 97-2-6 - Prime Motor Inns, Inc. (Off South Aviation Rood, Queensbury, New York) - to be assessed at: 1988-89 - $2,000,000.00 1989-90 - $2,425,000.00. Duly adopted this 19th day of March, 1990, by the following vote: A YES: Mr. Kurosoko, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mrs. Potenzo, Mrs. Monahan RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 207, 1990,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosoko: 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 257 for the Town of Queensbury, such counsel having mode a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the 1988-89 and 1989-90 tax assessment rolls as indicated and as follows: 36-2-7 - WARREN & WASHINGTON COUNTIES INDUSTRIAL DEVELOPMENT AGENCY BY ITS LESSEE, ATTRACTIONS LAND, INC. (Great Escape Campground) - to be assessed at: 7 - $510,000.00 8 - $510,000.00 _.9 - $510,000.00 Duly adopted this 19th day of March, 1990, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mrs. Potenzo, Mrs. Monahan RESOLUTION TO AUTHORIZE SETTLEMENT OF- A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 208, I990,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosoko: 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 mode a recommendation to the Town Board, NOW, THEREFORE, BE IT SOLVED, that the following case be settled with respect to the 1988-89 and 1989-90 tax assessment rolls as indicated and as follows: 903-2-1013-2-8) - Delaware & Hudson Railway Company - to be assessed at: 1985 - $ 54,254.00 1986 - $ 46,403.00. Duly adopted this 19th day of March, 1990, by the following vote: A YES: Mr. Kurosoko, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mrs. Potenza, Mrs. Monahan RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 209, 1990, Introduced by George Kurosoko who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby enter into Executive Session to discuss Litigation. ly adopted this 19th day of March, 1990, by the following vote: des: Mr. Kurosoko, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Potenza, Mrs. Monahan No further action was taken. On motion, the meeting was adjourned. 258 RESPECTFULLY' SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY