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1991-03-18 TOWN BOARD MEETING MARCH 18, 1991 7:00 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR GEORGE KUROSAKA-COUNCILMAN RONALD MONTESI -COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT MARILYN POTENZA-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS RALPH VANDUSEN, KATHLEEN KATHE PRESS: G.F. Post Star, Moreau Sun, WENU PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS OPEN FORUM 7:02 p.m. PLINEY TUCKER, ward 4, Queensbury- Thanked the Supervisor for his efforts with stopping the trucks from parking on Corinth Road. Noted that the City has cleaned the garbage up along Veterans Road. Would like to see the same done with the garbage along Pine and Luzerne Roads. Referred to an article in the paper regarding the ECON'S fund for closure of the Landfill. Questioned whether the Town's present fund would effect the Town's chances of getting a share of the money. SUPERVISOR BORGOS-Noted that the fund would be for landfill closure costs up to 50 percent but not to exceed 2 million per landfill provided that you are on the landfill that is eligible and currently we are on an ineligible list because we are classified 2a, which is potentially a hazardous waste site, an inactive hazardous waste site. The state has said that they have reason to believe there may have been deposited there at one time or another a suspect chemicals of some sort. When that information came to our attention, we sent letters back noting that we did not know anything about this and in return they said they may have made a mistake and we'll come ahead and drilled some wells. They have drilled 5 extra wells, water samples have been taken from all of them and we have not received those results from the State. We've taken one test on one of the wells on our own and the test came back clean. The State has taken those tests to determine whether we should be taken off that list or totally declassified. If we are declassified then we would be eligible for the 2 million dollars or up to 50 percent, whichever is lesser. MR. TUCKER-Referred to article in paper regarding the possibility of EN CON extending the closure of landfills in Warren County. SUPERVISOR BORGOS-All the dates are still set at April 1st. All the Town's within the County and the County have asked for an extension. I don't think anyone is going to be sure until April 1st what the State is going to do. MR. TUCKER-Referred to Hiland Park's sewer system, questioned whether they have finished paying for their system. SUPERVISOR BORGOS- They've paid for all the infrastructure, their entire project including their pumping station. The only thing that is not paid, a portion of what they own for the big pumping station on Meadowbrook Road. We are waiting for final signatures on an agreement and the rest of the money paid and that's due momentarily. OPEN FORUM CLOSED 7:10 p.m. DISCUSSION REGARDING RECYCLING SUPERVISOR BORGOS announced that Warren County adopted a recycling law stating that anywhere in the County as of April 1st, recycling must take place. Noted that it has been indicated to us that the recycling will not take place officially and will not be enforceable until each Town passes its own recycling law. The Town of Queensbury is planning to do a recycling law as quickly as possible and will be holding a public hearing in the very near future. BOB BARBER, President of North American Recycling spoke to the Town Board on the his companies new recycling enterprises and encouraged the Board to pass the recycling law. SUPERVISOR BORGOS noted that he had received today from Ralph VanDusen 5 copies of the map, plan and report from the Engineering firm for the Administration Wing Expansion phase, which I will submit to the Board members. I would like to take some action at our meeting of April 1st to set a public hearing. SUPERVISOR BORGOS noted the great success of the Girls High School State Championship Tournament held in Queensbury this past weekend and thanked local business people for their participation and efforts. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 165, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn and enter as the Queensbury Board of Health. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza QUEENSBURY BOARD OF HEALTH Town Board held discussion regarding sewer variance application, Councilman Montesi noted his concern with the high water table in that area, would like to see the Board look at this carefully and obtain some engineering help to review this. Town Attorney recommended the long environmental assessment form providing the additional information that the Town Board is requesting. Supervisor referred to question #11 on the shortEAF, noting the New York State DEC Freshwater Wetlands permit and Town of Queensbury Planning Board Freshwater Wetlands permit... After further discussion the Town Board agreed to the following resolution: RESOLUTION REQUESTING FURTHER INFORMATION ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE - CURTIS L. MADISON, JR. RESOLUTION NO. 13, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury acting as the Local Board of Health has been presented with the Resolution to set a Public Hearing on an application for a variance of the Sanitary Sewage Disposal Ordinance, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury desires not to set the Public Hearing at this time but would request that the applicant furnish further information with regard to meeting, or the review of SEQRA requirements such further information at least at this point to be a copy of the permits that have been issued by DEC and the Planning Board for the Town of Queensbury and also a completed long form Environmental Assessment Form. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION TO ADJOURN AS BOARD OF HEALTH RESOLUTION NO. 14, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza TOWN BOARD RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 166, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby approve the Town Board Minutes of March 12th, 1991. Duly adopted this 18th day of March, 1991, by the following vote: AYES: Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza ABSTAIN: Mr. Kurosaka RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO. 167, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is considering the acceptance of Cedar Court, offered for dedication by LAD Enterprises, Inc., 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 required 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 Part II 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 III 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 same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION ACCEPTING DEDICATION OF CEDAR COURT RESOLUTION NO. 168, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, LAD Enterprises, Inc., has offered a deed to dedicate to the Town of Queensbury Cedar Court, which is more particularly described in the survey map presented at this meeting and the original deed being presented at this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has reviewed inspection reports concerning the construction of and specifications of the said road proposed to be dedicated to the Town of Queensbury and he finds the same, in their current condition, to meet the appropriate Town of Queensbury Specifications, with the exception of application of the final black-top surface, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said road proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed, title, affidavit promising to complete the roads, easement and Letter of Credit have been reviewed and approved by Karla M. Corpus, Deputy Town Attorney for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental effects of the proposed action by previous resolution and issued a negative declaration pursuant to the State Environmental Quality Review Act, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed for dedication of the said road and easement be and the same are hereby accepted and approved, that the Town Supervisor is hereby authorized to execute, sign and affix the town seal to any and all documents necessary to complete the transaction, and that the Town Clerk is hereby authorized and directed to cause said deed and easement to be recorded in the Warren County Clerk's Office, after which said deed and easement 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 Letter of Credit in the amount of $20,600.00 and Affidavit wherein the developer promises to complete the roads within two (2) years be accepted, and BE IT FURTHER RESOLVED, that the Town Clerk retain and file said Letter of Credit and Affidavit and that the road be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 475 Description: Approximately 2,000 feet north of intersection of Bay Road and Blind Rock Road on west side of Bay Road. Name: Cedar Court Feet: 1,878.4 Feet Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO. 169, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is authorized under paragraph 2, section 4, of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to issue permits for mobile homes to be located outside of mobile home courts, and WHEREAS, Sandra Maille Beattie has previously filed an application for "Mobile Home Outside a Mobile Home Court" Permit, in accordance with paragraph 2, Section 4, of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to permanently locate a mobile home at property situated at RD#3, Luzerne Road, Queensbury, New York, and WHEREAS, paragraph 2(c), Section 4 of the said Ordinance #12, requires the Town Board of the Town of Queensbury to hold a public hearing regarding said permit, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on April 1, 1991, at 7:00 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application of Sandra Maille Beattie for a "Mobile Home Outside a Mobile Home Court" Permit on property situated at RD#3, Luzerne Road, Queenbsury, New York, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized to publish and provide notice of said public hearing in the Official Newspaper of the Town of Queensbury, to pose a copy thereof on the bulletin board of the Office of the Town Clerk, and to mail a copy thereof to the Chairman of the Town Planning Board, at least 10 days prior to said hearing, pursuant to the requirements of Ordinance #12 of the Town of Queensbury. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza Supervisor Borgos noted letter from Director of Building and Codes, Mr. Dave Hatin with his recommendation of denial based on the proposed usage of the mobile home as storage and after discussion the following resolution was adopted: RESOLUTION DISAPPROVING MOBILE HOME BUILDING AND ZONING PERMIT RESOLUTION NO. 170, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, George M. Mabb previously filed an application for a "Mobile Home Outside a Mobile Home Court" Permit, in accordance with paragraph 2, section 4, of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to temporarily locate a mobile home at property situated on Sherman Avenue, Queensbury, New York, and WHEREAS, paragraph 2(b), Section 4 of said Ordinance # 12, allows the Town Board of the Town of Queensbury to grant a temporary permit for a term of three months, for the parking or placing of a mobile home outside of a mobile home court, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the application of George M. Mabb is not satisfactory, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury, pursuant to paragraph 2(b) of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, hereby denies the application of George M. Mabb to place a mobile home on property located on Sherman Avenue, Queensbury, New York, and BE IT FURTHER RESOLVED, that the basis of the denial is that the applicant has indicated that the Mobile Home will be used as a storage facility. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION APPROVING USE OF ENGINEER REGARDING GROUNDWATER RESOLUTION NO. 171, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the following engineer is hereby approved by the Town Board of the Town of Queensbury acting as the Local Board of Health to be able to determine the seasonal high groundwater mean level at times other than March, April, May, or June as listed in the Sanitary Sewage Disposal Ordinance for the Town of Queensbury adopted May 11, 1982 in accordance with Appendix F entitled "High Groundwater Determination" currently located on page 24 of said Ordinance: Thomas W. Nace, P.E. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION APPROVING USE OF ENGINEER REGARDING GROUNDWATER RESOLUTION NO. 172, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that the following engineer is hereby approved by the Town Board of the Town of Queensbury acting as the Local Board of Health to be able to determine the seasonal high groundwater mean level at times other than March, April, May, or June as listed in the Sanitary Sewage Disposal Ordinance for the Town of Queensbury adopted May 11, 1982 in accordance with Appendix F entitled, "High Groundwater Determination" currently located on page 24 of said Ordinance: Frank D. Walter, Jr., P.E. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION TO SUBMIT APPLICATION AND ENVIRONMENTAL ASSESSMENT FORM TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REQUESTING NOMINATION OF THE TOWN OF QUEENSBURY AS LEAD AGENT REGARDING PERMITS FOR TRANSFER STATION SITES RESOLUTION NO. 173, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury is in the process of applying for a Department of Environmental Conservation Permit for its Transfer Station Sites, located at Ridge Road and Luzerne Road, in the Town of Queensbury, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action, which consists of the permitting of the aforesaid Transfer Stations, and WHEREAS, it would appear that the action about to be undertaken is an unlisted action, and WHEREAS, the required Short Environmental Assessment Form has been presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Short Environmental Assessment Form presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and hereby authorizes the Town Supervisor, on behalf of said Town Board, to send a copy of this Resolution and Part 1 of the Short Environmental Assessment Form to the Department that the Town desires to be lead agency. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION AUTHORIZING SUPERINTENDENT OF HIGHWAYS TO POST CERTAIN HIGHWAYS RESOLUTION NO. 174, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, Superintendent of Highways, Paul H. Naylor, has recommended that certain highways within the Town be closed to any vehicle with a gross weight in excess of three tons per axle, pursuant to Section 1660, Subdivision (A) 11 of the New York State Vehicle and Traffic Law, and WHEREAS, said Section 1660, Subdivision (A) 11 requires posting of signs prohibiting said vehicles, THEREFORE BE IT ORDERED AND RESOLVED, that the following roads shall be closed to any vehicle with a gross weight in excess of three tons per axle: Bell Mountain Road Gurney Lane Mountain-County Road to Queensbury Town Line Butler Pond Road-Mountain Road to end Fuller Mountain Road-Mountain Road to Boot Jack Clendon Mountain Road-Mountain Road to Queensbury Town Line Luzerne Mountain Road-Mountain Road to Queensbury Town Line, and BE IT FURTHER RESOLVED, that the Superintendent of Highways, Paul H. Naylor, is hereby authorized to erect appropriate signs regarding said prohibition, which prohibition will be in effect until the removal of the signs as directed by the Town Board of the Town of Queensbury, and BE IT FURTHER RESOLVED, that, pursuant to the requirements of the Town Law, the Town Clerk shall arrange for publication as required by the New York State Vehicle and Traffic Law. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION TO ESTABLISH CAPITAL PROJECT FUND FOR THE PURCHASE OF THE QUEENSBURY TOWN COURT BUILDING AND REAL PROPERTY LOCATED AT 81 GLENWOOD AVENUE RESOLUTION NO. 175, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 68, 1991, has authorized the purchase of the Queensbury Town Court Building and real property located at 81 Glenwood Avenue, Queensbury, New York, from Glenwood Properties, and has also authorized the payment of said purchase price and associated costs, by the issuance of serial bonds, and WHEREAS, said Resolution No. 68, 1991 having been subject to permissive referendum and said referendum period having expired without the request of a referendum being filed, and WHEREAS, the Town Board of the Town of Queensbury desires to authorize the establishment of a Capital Project Fund for said purchase and associated costs, and WHEREAS, it is also necessary to transfer funds in order to establish appropriations for said Capital Project Fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to establish a separate Capital Project Fund entitled The Court Building Capital Project Fund #93, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations for said Capital Project Fund #93 in the amount of $415,000.00 with the source of funding to be from a transfer of funds from Account #01-9901-9093 (Transfer of Court Building), and an Interfund Loan and B.A.N. for temporary funding, and BE IT FURTHER RESOLVED, that a portion of the appropriations for said Fund shall be from the following transfer of funds: FROM: TO: AMOUNT: Account #01-1624-4990 Account #01-9901-9903 $20,750.00 (Court Rental Payments) (Transfer to Court Bldg.) and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the transfer to the Court Building Capital Project Fund #93 from the following account, in the amount indicated: FROM: TO: AMOUNT: Queensbury Water Court Building District Fund #40 Capital Project Fund #93 394,250.00 and BE IT FURTHER RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized to arrange for and accomplish the above authorized transfer, and temporary advance, and BE IT FURTHER RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advance as soon as possible, but not later than the close of the 1991 Town Fiscal Year. The Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, in accordance with Section 9-A of the General Municipal Law. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza Discussion on proposal of noise ordinance, Town Attorney agreed to distribute copy of drafted law for Board members to consider. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 176, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Audit of Bills appearing on Abstract March 18th, 1991, numbering from 91091200 to 91134300, and number 91068000, totaling $885,406.73 be and hereby is approved. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza Town Attorney spoke to the Board regarding the bid documents for the floodproofing contract and the following resolution was proposed and adopted: RESOLUTION TO AMEND BIDDING DOCUMENTS - FLOOD PROOFING CONTRACT RESOLUTION NO. 177, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to draft an addendum to the current bid on Floodproofing documents to provide a new bid form and supplement the bidders instructions to indicate that they should submit one total bid price which will be used for purposes of evaluating the bid but also submit a lump sum for each item, roof repairs, floodproofing with the understanding that the Town Board could if it choose delete that roof repair if it did not want to proceed with that. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza Discussion on Agenda Control Law... Town Attorney noted that the law was set to expire in April and questioned whether the Town Board has made any decisions... Supervisor Borgos noted that he read the Planning Board Minutes regarding their discussion on the Agenda Control Law and recommended to the Town Board to read them. Noted the Planning Board's final recommendation being to continue with the law. My feeling is to let it pass away but the Town Board needs to make a decision within the next week or so to let us know whether we need to set a public hearing. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 178, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enter into Executive Session to discuss 2 matters of litigation and one of personnel. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION TO RECONVENE RESOLUTION NO. 179, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session and enter Regular Session of the Town Board. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza RESOLUTION APPOINTING TOWN HISTORIAN RESOLUTION NO. 180, 1991, Introduced by the Entire Town Board. RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Marilyn 1. VanDyke Ed.D. to be the Historian for the Town of Queensbury to fulfill the unexpired term of Dr. Charles Eisenhart, ending December 31, 1991 with a salary in the amount of $1,000.00 per annum to be pro-rated from Account No. 01-7510-1621. Duly adopted this 18th day of March, 1991, by the following vote: A YES: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mrs. Potenza COUNCILMAN MONTESI referred to the top soil being stock piled at Hovey Pond, noted that Jim Girard had approached him expressing his interest in purchasing some if the Town was willing to sell. SUPERVISOR BORGOS noted that we're waiting for the DEC permit, they are aware of what we're doing and that we're in the permit process. Town Board agreed there was a market available and a discussion was held regarding the legal process of sale, whether to bid or sell out right. Town Attorney suggested if the Board was considering not going to bid, was getting at least 3 different estimates as to the value of the top soil in terms of disposal. Councilman Montesi agreed to get those estimates. No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY