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1991-12-30 SPECIAL TOWN BOARD MEETING DECEMBER 30, 1991 7:05 P.M. MTG#67 RES#70 1-728 BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS KATHLEENKATHE, MIKE SHAW, TOM FLAHERTY, RICKMISSITA, PAUL NAYLOR PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS PUBLIC HEARING SEWER RENT LAW OPENED 7: 10 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes it has. SUPERVISOR BORGOS-At this time we'd like people to step forward state your name and address speak for or against and ask questions about the proposed Sewer Rent Law. This is required to be amended from year to year unless sometime in the future the Board goes to a different method of taxing in this district it would be fairly complex but there is one other alternative possible. We have to do it each year because the rates change as new development comes as increased assessed value comes that impacts on the fees. As the water consumption changes that impacts on the fees. As people make suggestions to us about open space and other items those things impact on the fees the only way to handle it as this is currently setup is by changes annually in the Sewer Rent Law this is the earliest this has ever been accomplished. We have a problem in that the bulk of our debt service comes due in March of each year and in past years sometimes we haven't started collecting the monies until May, sometimes it's been April. Properly the money should start to come in January so by March there is enough there you won't have to borrow it. But, this time for the first time we've been working very hard to try to clean things up and we've got this here we think it's a fair law, we hope that everyone here agrees. With that said who would like to be first? DOUGLAS RIGLEY-29 Marcy Lane, Queensbury. I'm speaking tonight as a Director of the Westwood Homeowners Association in the Westwood off Glenwood Avenue. I would like to say that the changes which have been made to the sections affecting the per acre charge are acceptable to the Homeowners Association and remove an inequity in what has otherwise been a rather erroneous charge for the sewer. The charges there in Section three and four on page three to the per acre charge for vacant residential properties and for properties which are deed restricted are acceptable and a good move by the Township. COUNCILMAN MONTESI-Mr. Rigley, have you computed out what that meant in terms of you or some of your neighbors for the savings? MR. RIGLEY-It will mean this change passed by the Board approximately a fifteen per cent reduction in the charge to the individual homeowners as a result of the reduced association charge which is the common ground of the association. COUNCILMAN MONTESI-Just so the public knows in what we are striving for uniquely in a townhouse or specially a townhouse you share a common property the footprint of your building. But then there is also all of the property around that sort of makes up the amenity of living where your living but it sometimes seems harsh to tax that open space for sewage. SUPERVISOR BORGOS-As we looked at this prior to coming to this change you should take a lot of the credit for this change. We looked at your arguments the net cost to the whole sewer district all of the things being equal this change was maybe two hundred dollars it was not an impact. But, actually the net effect of doing what we're doing is benefiting the district by reducing everybody's charge because by encouraging you to preserve this open space we make your properties more valuable if they are more valuable they have higher assessed values. You've been paying both ways, you've been paying for the higher assessed valuation and the open space so this way the Town will still be in good stead because of the higher assessed values. You will be happy, you'll be treated equally and it just seems reasonable we're delighted that your pleased. Thank you. You should know that we've gone through and done an analysis of this years charges verses last years charges. While most residential properties are within a dollar or two literally of what they were last year some where there is minimal water consumption have actually decreased. The impact on commercial has also been significantly dramatic in a positive sense commercial properties have decreased substantially. The only reason there wasn't more of a percentage in the residential is that the residential had been getting a benefit for several years at a slightly lower rate scheduled because of the built -in fifty thousand gallon allowance for the water that has helped, I'm quite pleased very honestly. Our Wastewater Superintendent and Deputy Superintendent are here tonight, I think they are going to be credited publicly with pinching the pennies on the expense side in that district with creating actually a little bit of surplus in that account this year which has been credited if you will next year as a charge or payment from the appropriated fund balance in that district which kept the expenses down we had to raise less money. The thing that won't change for a long time is the capital charge the debt service is out there the total. But, if we continue to expand that district if there is more construction within that district more assessed valuation then the price per unit will drop, but the total amount to be paid in debt service drops very slowly over a twenty year period. Any other comments or questions about the Sewer Rent Law? BARBARA PALLOZZI-Ridge Road. There is nothing in this law that gives a single family residential property owner any relief whatsoever. It's down one penny per thousand dollars of assessed valuation and the rate per acre is up. I know that some of my neighbors have met with members of the Town Board over the course of the year and they had the understanding that there was going to be some sort of a reduction for people who are in our situation. SUPERVISOR BORGOS-Your talking simply family residential. MRS. PALLOZZI-I'm talking residential properties. The Town of Queensbury has already told us we cannot subdivide our property. I've already discussed the situation extensively with the State Comptroller's Office. Infact, one property owner in the area tried to subdivide his property create two lots that would be larger in size than most of the properties in the area would have greater road frontage etc. it's been denied, it's in litigation. If you cannot subdivide your property, I mean I'm in favor of green space like you say open space here, I just don't feel that a person who has two or three or four acres of land should be paying the same as someone who has a quarter of an acre, I mean that much more. SUPERVISOR BORGOS-How many acres? Do you have more than one acre? MRS. PALLOZZI-I have one point eight acres. SUPERVISOR BORGOS-But, you get credit on the point eight. MRS. PALLOZZI-I know about the A,B,C,D,E, etc., but if you go back to when you had the first Sewer Rent Law in 1989, 1990, 1991, etc. When you first put the A,B,C,D, system in you raised the rates per acre and the amount per thousand dollars of assessed valuation so much that we did not see any decrease whatsoever we had an increase in the rates. SUPERVISOR BORGOS-At that time did you see a decrease in the projected for next year? MRS. P ALLOZZI -Well, I read the minutes over. Last year you told us there was going to be approximately a ten percent reduction this year and ten to fifteen percent next year that didn't happen. SUPERVISOR BORGOS-I don't think I gave a percentage. MRS. PALLOZZI-Yes you did, I'll even show you where it is in the minutes. SUPERVISOR BORGOS-I'd like to see that. But, what we did we did decrease the operation of maintenance this year, I'm looking at Kathleen right now she works with this everyday. Operation of maintenance budget went down by fifteen percent. KATHLEEN KATHE-Not for residential uses. SUPERVISOR BORGOS-But, the budget itself that's what I have to look at. I believe it went down by ten or fifteen percent operation of maintenance. I'll just read this so everyone sees what I'm looking at. I'm quoted from the minutes of last year. . . MRS. PALLOZZI-February 25th. SUPERVISOR BORGOS-I'm talking about the rates. It should level off now. We did not know about this one uncertainty until this last bit of borrowing to complete the project and the project is now done. A lot of the other items coming on board increased assessed valuation, increase water consumption, the operation of maintenance portion should drop and it did. As the annual payment of principal and interest are made the outstanding principal will drop and the interest will drop with it so we should start going downward, I hope at a fairly rapid rate, but it all depends on the economy how fast the project gets built. How fast the extensions get approved we should see significant reduction. I'm hoping for a ten percent reduction next year maybe another ten to fifteen percent the following year. The economy was terrible. . . MRS. PALLOZZI-I know what the situation of the economy is. SUPERVISOR BORGOS-Construction projects did not occur. Aviation Mall expansion was held up in litigation. The Queensbury Factory Outlet Plaza was held up because offamily problems and that's resolved now. COUNCILMAN MONTESI-The other thing too Steve, is that we didn't get the extension up on Route 9 did not get completed. SUPERVISOR BORGOS-The extension on Route 9 didn't get completed although the paperwork is underway for that. Those things that were suppose to happen a year ago are in the process. MRS. P ALLOZZI -Any extension district you have planned will they be paying on the same formula that we are? SUPERVISOR BORGOS-The current Board and the current working is any extension would have to be a contract customer in this particular sewer district. They would have to be known as a contract customer because bonds have been issued and we just can't extend that's my understanding. MRS. PALLOZZI-It's my understanding that the district cannot be enlarged, but you can have extension districts and the people in the original district cannot pay. SUPERVISOR BORGOS- This is a legal question. What we've been doing is handling them as contract customers they pay the same rate based on the same formula plus five percent surcharge. What's happening in the proposed extension on Route 9, is that those people will pay the full capital costs themselves those particular properties being served and simply will then begin to pay in this district like they would plus the five percent charge. So the district does very well they get the extra volume at no extra cost at all and just helping to chip away at the total. MRS. P ALLOZZI -But, they will be using the facilities of the original sewer district. Your saying they won't be paying anything towards the capital expense? SUPERVISOR BORGOS-I'm saying they will pay all the capital construction charge. I believe there was a capital charge that we figured out, capital contribution toward the original district that they will pay in addition to continuing to pay the full capital charge that you pay. MRS. PALLOZZI-Will they be getting the deal that Hiland Park got? Well, Highland Park is a seven hundred and thirteen acre parcel. Instead of being created as an extension district it was established in 1988 as it's own sewer district. It has a budget this year of fifteen thousand dollars. Our budget for only two hundred more acres is one million three hundred seventy eight thousand dollars, I did attend the public hearing on the increase in expenditures on the 2.4 million. When Kestner Engineers were here they emphasized because of the commercial nature of the district and the fact that it was over built and on small parcels etc., but they attributed a great deal of the cost to running the pipe on Meadowbrook Road and also to upgrade the pumping station to accommodate Hiland Park. How much did Hiland Park pay in 88, 89, 90 and 91 ? SUPERVISOR BORGOS-You have to understand when you look at the Hiland Park numbers and district. Hiland Park unlike the rest of the district paid all of it's capital construction cost up front they have several million dollars in the ground fully paid for already by Hiland Park not the case in Quaker Road Sewer district all that money was borrowed. MRS. P ALLOZZI -They are still using the pipes to get to Glens Falls. They don't have their own system they are using the Central Queensbury Quaker Road Sewer District to get to the Glens Falls Sewage Treatment. . . COUNCILMAN MONTESI-That's what that twenty thousand dollars. . . MRS. PALLOZZI-Fifteen thousand. SUPERVISOR BORGOS-They pay for their percentage of flow going through. . . MRS. P ALLOZZI -But, what about a portion of the capital construction for those pipes? COUNCILMAN MONTESI-We just signed that agreement about a month ago where a hundred and fifty nine thousand in total? SUPERVISOR BORGOS-I don't remember the numbers. MRS. PALLOZZI-For one year? COUNCILMAN MONTESI-No. It was a hundred and fifty nine thousand dollars the total that they owed for specifically two things. Up-sizing the pump station to accommodate bigger pumps to include their flow and expanding the size of the pipe of Meadowbrook Road from eight to ten inch or ten to twelve inch. MRS. P ALLOZZI -But, it was a cost overfUll of 2.4 million dollars. SUPERVISOR BORGOS- Totally unconnected with Hiland Park. MRS. P ALLOZZI -A lot of it of what the engineer stated at that meeting had to do with. COUNCILMAN MONTESI-The two million dollar overfUll was very specific was in the forty grinder pumps. SUPERVISOR BORGOS- W ell that was at least half a million dollars of it. Then there was extra paving, extra blasting cost, dewatering cost, lots and lots of cost none of us enjoyed. MRS. PALLOZZI-Now you have a contract with Bay Meadows right? Was Bay Meadows one of the properties, like commercial properties originally were given the option of joining or not joining the system is that correct? SUPERVISOR BORGOS-Not that I'm aware of. The system you have to understand was created before most members of this Board were on it. MRS. PALLOZZI-I understand that. SUPERVISOR BORGOS-To my knowledge there never was an option given to anyone. MRS. PALLOZZI-I know it was established in 86. Well, I remember that coming up at a meeting before. When Kathleen called me the other day, I have a problem with Bay Meadows in the sense that maybe she said something inadvertent, but why should their land be included. I feel that their land should be as includable as my yard. SUPERVISOR BORGOS-Bay Meadows property is not part of the sewer district. MRS. P ALLOZZI -They are contracting in for their building. SUPERVISOR BORGOS-A portion of Bay Meadows, I don't know I think it's two acres roughly. COUNCILMAN MONAHAN-Two point four. SUPERVISOR BORGOS- Two point four acres of Bay Meadows property including their building, their parking lot did come in as a contract customer a couple of years ago. MRS. PALLOZZI-But, they were given the option ofleaving the rest of their land out. SUPERVISOR BORGOS-No. They have always been out of the district. MRS. PALLOZZI-I meant that they didn't have to bring in all of their parcels. COUNCILMAN MONTESI-When the engineers originally drew the line they drew it down the southern side of Cronin Road. There was no reason to go on the north side of Cronin Road where the golf course cause there was nothing there to sewer. At some point. . . MRS. P ALLOZZI -There is a development proposed for that property. COUNCILMAN MONTESI-At some point Bay Meadows said, guys we do have one thing to sewer and that's our clubhouse could we contract it so we let them do that. Now, there is a new wrinkle in it just a month and a half ago this Town Board rezoned a portion of the land for Bay Meadows for some kind of an apartment, multifamily complex. Now, that means that Bay Meadows is going to have to come in and discuss some form of a contract with the new Town Board if they want to have sewers there. I think their whole project is predicated on being on the sewers because they are so close to Halfway Brook. SUPERVISOR BORGOS-Specifically that. This Board has said that we want them as contract customers that helps to payoff that district the more people you get to share the cost the better. MRS. P ALLOZZI -What me and my neighbors are looking for from you is some sort of a commitment that there is going to be a reduction in the way we're billed on the lot size. SUPERVISOR BORGOS-Do you have a specific proposal this is a public hearing to look at that. MRS. PALLOZZI-I've said the same thing last year. There are a lot of properties around like a quarter of an acre or a third of an acre etc. If you've charged even the commercials there are a number of commercial properties in this district that are only a third of an acre, half of an acre etc. If they were brought up and if everybody paid at least a flat fee up to a certain amount of space then that would bring the rate down you wouldn't have to charge as much for the other properties then it would a little bit more equitable. SUPERVISOR BORGOS-A flat fee for all properties based on the acreage. MRS. P ALLOZZI -You can't compare say, Albany International to a single family house and you can't compare Aviation Mall. But, when you have Dunkin Donuts paying a third of two hundred and ninety dollars and you have Albany Savings Bank is on half an acre of land these are commercials properties making money off the land. We're being penalized for having green space and keeping it green and now you've told the neighbors you've got to keep it green. Kathleen says, deed restrict it, I don't feel we have to deed restrict it we are ordinance restricted your Zoning Ordinance does not permit those properties to be subdivided. There isn't anybody over there who has enough land to subdivide it. SUPERVISOR BORGOS-You have one point eight acres. MRS. PALLOZZI-Yes. SUPERVISOR BORGOS-You must be in a one acre zone. MRS. P ALLOZZI -We are in twenty thousand square feet two hundred feet of road frontage. SUPERVISOR BORGOS-So it's the two hundred feet of road frontage that is causing you problems. MRS. PALLOZZI-Ifyou wanted to subdivide you would need four hundred feet just for a two lot subdivision. SUPERVISOR BORGOS-Yes they did try for a variance it's in litigation right now with the Town of Queensbury, right now a notice of appeal has been filed with the Appellate Division. SUPERVISOR BORGOS- Y our concept of a flat fee for all properties regardless of acreage is interesting, I'd have to sit down and worked it out on paper. My concern is and I have to remind everybody each year that we're locked in by the Engineering Report of 1984 to the one third, one third, one third formula approximately. MRS. PALLOZZI-I discussed that with the comptroller's office and they told me if you were locked into any formula it would be in the order of the State Comptroller. They provided me with copies of the order and the amendment it is not there they have told me that the statement is not true. SUPERVISOR BORGOS-I'll ask our Town Attorney, we've done a lot of research in this area. TOWN ATTORNEY DUSEK-My understanding was that in the petition that originally went to the State Comptroller and I'm relying part of John Tabner who assisted me on this particular project. It was represented in the engineers report that that's what the billing would be, have you looked in the engineering report? MRS. PALLOZZI-I did not read the engineering report as I've said I discussed this with the office of the State Comptroller. The first conversation was not extensive because the file had to be found in storage and it was misfiled because it was originally called the Quaker Road Sewer District. They told me that you are not locked into any particular formula and they gave me an example to bring before you. The paper submitted to the State Comptroller's Office stated that residential property owners were not going to be billed on the basis of meter watered usage. The amount provided to the comptroller office was fifty dollars for residential unit, one hundred thousand gallons per commercial unit. SUPERVISOR BORGOS-Fifty dollars total annual. MRS. PALLOZZI-Fifty dollars. They were not aware of the fact that the sewer district was charging residential property owners on the basis of metered water usage. SUPERVISOR BORGOS-All this is new to me. TOWN ATTORNEY DUSEK-The only thing I can say, my understanding was when the district was originally created it was created on what they call a benefit formula theory. I remember, infact when I first came to the Town the Town was involved in some kind of litigation over that very issue upon the ground that at that time they weren't using that. MRS. PALLOZZI-In 1988 it was billed ad-valorem. TOWN ATTORNEY DUSEK-My understanding that was incorrect and that's why they made the move to the third, third, and third formula which is what they represented in the original engineers report. MRS. P ALLOZZI -The point that the State Comptroller's Office was trying to point out to me is that you are not tied into that one third, one third, one third, it's flexible. They told me if you did not have that flexibility you would not have been able to amend the law as you have every year. If you didn't have the flexibility to go in and amend it and offer some relief where there is some inequity you would not have been able to establish the A,B,C,D,E, etc. designations. TOWN ATTORNEY DUSEK-I don't think anybody saying that it's not inflexible because obviously it is. I think what they are saying is that was it was originally proposed as was a benefit theory. MRS. P ALLOZZI -Both examples it was one third, one third, one third whether it be for commercial and or residential, but you are not locked into that. TOWN ATTORNEY DUSEK- I agree. To the extent that the Town wants to change it which is one of the things that we did look at. I think about a year ago or so was to go to a different formula we did take a look at that and we have played around with some different numbers. In the past the numbers haven't come up though much better than what this particular formula was showing, but there is flexibility it can be revised. The original documentation that went into the comptroller office did indicate a benefit formula, like I say my recollections the Town was challenged on not using that the first year. MRS. PALLOZZI-It was also my understanding that there was some discussion, I don't know whether it was the full Town Board, but at least some of the Town Board members over the past year about a green space zone for residential property owners where we would be given a different rate for that space we kept green that we're not using. SUPERVISOR BORGOS- That was discussed. I understand that Kathleen and Paul have worked on this fairly extensively is that right? You looked at it. What were your reasons for recommending what you recommended or not creating the new space. MS. KATHE-Green space, Paul can probably answer this better than I can. But, green space would have to apply to the whole district this would then become an Assessor's decision as to what is green space. We also had to come up with some sort of a system whereby that if something were to remain green you could apply for a variance. . .involve a penalty if that space were ever developed in anyway. SUPERVISOR BORGOS-Because of the one third, one third, one third formula any savings in the area of green space would have to be pushed on to other properties in the district because it still had to be on land area. MRS. PALLOZZI-But, you would also have a lot of properties in the district that are only paying a very small amount of money per lot if they came up the large property owners could come down. SUPERVISOR BORGOS-Two things. If you did the green space in tandem with your other approach which is a minimum guarantee fee. . . MRS. P ALLOZZI -Either that or do green space or go in and look at what the zoning requirements are and say, gee this is what it is and this is what they've got and they really can't do anything with it anyway. SUPERVISOR BORGOS-A combination of those things sounds interesting and that's why were here and that's what were trying to do. It just takes a huge amount of time to look at all the variables. MRS. PALLOZZI-I don't think anyone has ever stated this publicly before, but it just seems that this project was to dam expensive for it's size. SUPERVISOR BORGOS-I think that was probably stated if you look in the news reports back in the mid 80's. COUNCILMAN MONTESI-One of the other things Mrs. Pallozzi that we're constantly battling as Steve says when you change one thing like that concept of yours sounds very good and it sounds simple. If you charge that one fee the problem that we're faced with as a Town and as neighbors in the sewer district is that we still have a one million seven hundred thousand dollar bill to pay each year. How we pay that bill in the most equitable fair manner is the problem so that if we reduce it for the residences some how we still have to get a million seven so how do we get that. You saw what happened here where we saw an inequity it was brought to our attention by a group of townhouse owners and they explained it in a very good manner we said, okay that seems fair we understand what's happening. We reduced the amount of open space that they are being taxed on, if you will, what was the net effect? The net effect was that the rate per open space that was left went up the cost it had to somehow someway that has to be born. MRS. PALLOZZI-What I'm saying is if you went into a lot of these properties particularly the commercial properties a lot of them are on very very small parcels of land. You've got some down on Quaker Road where the assessed valuations are not very high some of them have even been rebuilt just obtained a variance for rear setbacks, front setbacks, both side setbacks, a road frontage variance and a permeability variance. It's built from side to side and front to back yet it's only going to pay one hundred forty six dollars for the land. COUNCILMAN MONTESI-I hear that. On the other token when I talked to a fella the person that owns Della Pontiac who sits on ten acres of land. MRS. PALLOZZI-He's paying a lot more then those other people on Quaker Road. COUNCILMAN MONTESI-He paying an incredible amount. The unfairness to him is that as you look at an auto dealer he probably has six bathrooms he does have a shower facility for the mechanics, but basically a very low flow of water probably one hundred twenty thousand gallons a year. The biggest flow of water doesn't go into the sewer system because it's the car washing part of it and the floor drains are hooked into our sewers. He has a problem with ten acres of land. MRS. PALLOZZI-I understand. I'm sure Albany International has a problem with all of their parcels too. COUNCILMAN MONTESI-They don't use a lot of water. Somebody that pays a big amount of water are restaurants that sit on small parcels of land and they are paying a great amount because of their flow. I think c.R. Bard pays a goodly amount because they use an incredible amount of water in their processes. It's a balance and we keep fine tuning it, fortunately as Paul said we have the ability to fine tune it. MRS. P ALLOZZI -But, I've haven't seen, ya know, I've been here this is the fourth year now complaining about the same thing and I haven't seen anything. As I've said when you put in the different designations you raise the rate per acre so much that there was no decrease, there was no decrease. You started out at two hundred and twenty seven dollars an acre and your now up to two hundred and ninety one dollars an acre. COUNCILMAN MONTESI-Part of that is because what we've been doing is taking wetlands out that seemed like a very unfair thing. If you sat down on Cline Avenue and you owned fifteen acres of land you could build on four and the rest was deemed a wetland by the State of New York it seemed like a real injustice to charge. . . MRS. PALLOZZI-It is, but I think what your doing to me is a real injustice also and that's what I'm looking for. COUNCILMAN MONTESI-I don't think we're disagreeing with you, I think what we're saying we keep fine tuning it, but you haven't seen any results. MRS. PALLOZZI-No. SUPERVISOR BORGOS- That's why we have the public hearing. I've made some notes in a few minutes when we're done I'll ask the Board if they want to take action tonight or if they want to go back and study this. It's a very unique situation we have four new members of the Board coming on and we're anxious to cleanup some of these things, but we want to do what's best for the public. The Board may feel that you raised enough issues that we have to go back to the drawing board. MRS. PALLOZZI-I have another question too, I've discussed this with other towns and communities none of which does it this way. But, the Town of Colonie charges every single property owners for sewers whether they have sewers or not. The theory being that sewers benefit the Town and it doesn't necessarily have to benefit the particular parcel. SUPERVISOR BORGOS-Have you lived here a long time? If you go back twenty years roughly the mid 70's or so there was suppose to be a big sewer project. . . MRS. PALLOZZI-Is that the one that Schultz and Bob Flack were involved with you mean the county sewer. SUPERVISOR BORGOS-I don't know who all the players were, but, the Warren County Sewer District was essentially going to tax everybody and then the bumper sticker said, no sewer tax without a sewer or whatever, no sewer no sewer tax it said. MRS. PALLOZZI-But, it is a commercial district essentially. One of your campaign things was you kept the taxes down because of sales tax revenue. I think a significant portion of the sales tax that the Town of Queensbury receives comes from that district therefore it benefits all the properties throughout the Town. It's not only the residents of the Central Queensbury Quaker Road Sewer District that go to Aviation Mall or the Shop and Save. SUPERVISOR BORGOS-But, the law says when we're dealing with special districts such as sewer districts, I'll look at our Attorney in case I'm wrong, we can only tax those people who are within the district the rest of the Town is not in the sewer district. MRS. P ALLOZZI -But, it's also my understanding that you are not limited to using just those revenues to pay for it. SUPERVISOR BORGOS-I believe we are. TOWN ATTORNEY DUSEK-There maybe some other types of revenue sources that you can use, but it's very limited and you have to study it. The general proposition is the district pays for itself that's the starting basis. MRS. PALLOZZI-But, you are not exclusively limited to that right? TOWN ATTORNEY DUSEK-I think that under some situations you can take monies from other areas, but it's very limited and it's very tricky and it's not something your just going to say yes or not to. MRS. PALLOZZI-I mean I know you can't do it for a public water supply system but, it's my understanding that for a sewer system you can use other revenues. TOWN ATTORNEY DUSEK-It's something that if the Board wanted to pursue we have to take a look at it and see. They would have to designate a source and we'd have to research it to see if we could legitimately take that. I won't say that you definitely can't take money from other sources because I know that in some instances you can, but whether or not this is one of those instances and what source the Board would want to take it from, I just can't give you an answer off the spot. The other thing, I will say though is with reference to whatever you might be looking at in Colonie in terms of everybody even if they don't have sewers paying for the sewers. . . MRS. PALLOZZI-Even for areas that they've already admitted they know will never be sewered because you can't cross the Mohawk. TOWN ATTORNEY DUSEK-The situation there though, I believe I mean I have to believe that those areas are in the district. You cannot tax property that is not in the district that I can tell you there is just no legal ability to tax property not in the district. MRS. PALLOZZI-They tax it town wide it's on their general tax bill. TOWN ATTORNEY DUSEK-If they built the district to cover town wide maybe that's the way they do it. I do know in some communities, infact I can think of one community right now that actually has a sewer district where they've divided it up into segments A,B,C,D. D is one of those areas like your saying that in the district that they know they'll never sewer, but they are in the district and because. . . MRS. PALLOZZI-It's only ten cents per property, but that's the least they charge. TOWN ATTORNEY DUSEK-That's because they're on a benefit system. But if you go back and check you'll find that they are in a district. The Town of Queensbury district is smaller than the Town it's confined to a small area, infact the Quaker Road and Bay Road, Ft. Amherst, Ridge Road areas of Town and that's it. Anything outside that district cannot be taxed that I can assure you. MRS. PALLOZZI-I understand that as far as sewer rents you can't impose those. TOWN ATTORNEY DUSEK-Right. You can't impose a benefit tax, you can't charge them ten cents a piece, you can't do any of that. MRS. PALLOZZI-I believe you can use general tax revenues to fund part of it. COUNCILMAN MONTESI-You said that Steve didn't you the original Warren County District included lots of things. I know that originally the Warren County Sewer District included Rolling Ridge and they said, well, we'll never have sewers there because we're not going to get there with sewers. But they were going to be included in the district not hooked up but pay some kind of a benefit tax similar to what your talking about that's probably why the district went down the tubes because it became all inclusive, but not everybody was going to be included in it. It was a very tough issue to sell if you were going to pay a sewer tax and never hope to be in it. That's was part of the problem with the Warren County District where lots of people opted out of it because they said, why should I pay if your not going to be included right off the bat it was just the way the engineers drew it. Why did our engineers stop, I say why, they stopped on Meadowbrook Road there are four more house on Meadowbrook Road that weren't included in the. . . MRS. PALLOZZI-Very strange lines. COUNCILMAN MONTESI-Very strange lines because Hiland Park came down and went by those four houses to with the force mains so where are they. I mean this is a problem that we're trying to deal with those four homes that are on Meadowbrook Road they are sort of inbetween. MRS. PALLOZZI-Iftheir septic are working it would in their financial best interest to stay on them COUNCILMAN MONTESI-Unfortunately one of them isn't and it's solid rock so it's a problem that we're trying to deal with. We have a small sewer district in Town called Pershing Ashley Coolidge there are thirty three people in it. This year we had to do some major work maybe twenty thousand dollars worth of work, I think somewhere around there Tom. Well you take twenty thousand dollars and spread it over thirty three people the rate went up this year appreciably now they want to know what happened. Well we had a crushed sewer line, we had a broken manlIOle. To get into the ground and fUll four hundred feet of new line it ended up being a twenty thousand dollar project with the engineering work on it that's very very hard to tell those thirty three people. But, it would be hard for me to say to you that I'm going to take ten thousand dollars out of sales tax revenue from the Town of Queensbury and help pay for that sewer, you know you have to look at it that way. I guess, it would be hard for me to say to the public here we do have a million seven to pay a tax bill we want to reduce that by using sales tax revenue to reduce what those people in that are incurring. You say gee, I just paid nine hundred bucks for a new leach field who's helping me, I guess it's a balance it's a fairness. MRS. P ALLOZZI -Well that's the word I'm looking for fairness as in equitable. I don't see in my case it is not equitable. COUNCILMAN MONTESI-In your case it is not equitable. I think what you have to, it doesn't please you I know, but the Board is moving. We have been responding to constituents, we've been trying unfortunately what we've been doing hasn't helped you it's hurt you per acre and I don't have an answer for you. MRS. PALLOZZI-My land the cost of it goes up every year it's higher every year regardless of what's in the law. Thank you. SUPERVISOR BORGOS- Thank you, anyone else? BRIAN HARRISON-329 Ridge Road, Queensbury. I'm sorry I'm late, I got home at seven and called up my next door neighbor and told me, yes indeed there was a hearing. I've been here before several times and the last time I was here was not too long ago. I seem to have gotten a fairly sympathetic reaction from a number of Board members so I'm really more here out of surprise than anything else cause I had some conversations with Kathy and what not. It seemed like a concept was progressing that was going to help us in this situation. As you know, I have the identical situation of Ms. Potenza and I really appalled her for her efforts, god she's has filled me with lots of ammunition from time to time and is very articulate and we need more people who work that hard. But, I'm kind of surprised as to what's happened in all of this and I find that nothing has happened. I guess, it's confusing to me because we've been through this issue and I've pointed out how there are people who are paying three and four times of what other people are paying within a couple of yards of each other. It just makes no sense whatsoever and we've been through the whole thing over and over again how we've got a Town policy that says, we want to preserve open space and then we have a law that's just pounding the daylight out of people who attempt to preserve it and no, I can't legally subdivide. So, I guess the only thing I'm really here to say is please don't pass it tonight. Please pass this thing on and let's try to go back into putting a little more effort into it. I'm really just appalled that I would have such a clear understanding or seemly have just a clear understanding infact there was going to be some kind of solution worked out in this direction and we would turn and say, gee we couldn't do anything about it. I think the thing that was beginning to annoy me the most about sitting here and listening to what was happening to Ms. Potenza is that she has come up with so many logical ways to attempt to attack it and all she ever gets back is, aw gee we can't do anything about it. It's not fair and it's not equitable and it doesn't even work in a constructive manner towards preserving, I think one of the critical Town policies. I'm not here to ask a question or asked for anymore information, I'm just here to say, please don't pass it tonight. Thank you. COUNCILMAN MONTESI-Kathy, obviously you sat through enough meetings where Mr. Harrison has asked for consideration in his area and specifically mostly a lot of his neighbors on Ridge Road that have the deep property with the narrow fronts. What were some of the things that you went through in doing this? MS. KATHE-Would you like me to come up? COUNCILMAN MONTESI-Sure. I know you played with the numbers often. MS. KATHE-When these people first came before the Town Board and asked, you know that first year that we were charging one hundred percent per acre. Then the classifications came up and you decided to charge one hundred percent for the first acre one acre or less, sixty percent for anything over that for either occupied or vacant land. Then you have a D-l, which was deed restricted or landlocked and we later determined that there is no landlocked as far as I can tell. . . SUPERVISOR BORGOS-I think you told me there is one. MS. KATHE-One deed restricted in the Town no landlocked. Then you talked about green space. Green space sounds like a very good idea, you know that would take care of your problem of the open space your planned unit development that already have the green space these people problem it seems like a very good idea. It involves a lot of legal work the Assessor would have to identify what that green space was we did discuss that. COUNCILMAN MONTESI-Suppose green space become deed restricted? MS. KATHE-No. We really did not get into, you can correct me Paul if you like to on the green space. It would not be deed restricted what we had talked about was a variance, right? TOWN ATTORNEY DUSEK-At least what I understood what you were proposing Kathy was at first it started as deed restricted. I think after we talked about it, I suggested maybe that didn't make a difference and that you could just use green space. I think the only reason it didn't get done for this local law was that there was a lot of work to do in terms of rounding up all the green space am I right? MS. KATHE-That's correct identifying all the green space. TOWN ATTORNEY DUSEK-What I advised against on this was not just simply to insert a clause dealing with green space and not know what the impacts going to be on the rates, I don't know how you could do that. Can you do it legally yes, but do you want to just throw in a clause and not know what the impact will be and not know what the effects will be and how much land you are releasing from the rates because it could mess up all your rates and you may not pull in enough money to pay all your bills. My suggestion was is go back through calculate what the total impact would be adjust the rates accordingly and make a complete package on the Sewer Rent Law, I guess from what I'm hearing there wasn't enough time to do that. COUNCILMAN MONTESI-Kathleen, if we were to say as Mrs. Pallozzi had proposed and it sounds very simple it would be a hundred bucks for any size lot in Town that's the third for acreage no matter what the size acreage it's going to be a hundred bucks that covers the third of the three criteria. Obviously the other two criteria then would have to take the burden of the cost in order to arrive at paying a bond of one million seven so then we could have then a water rate or an assessed value rate or water rate much higher. Then the balance would be that perhaps Brian would say, okay you took my four acres off, I'm only going to pay one hundred bucks just like everybody else. But, he is still going to end up paying five hundred and fifty dollars worth of taxes because somehow someway. MR. HARRISON-My taxes would be cut in half. COUNCILMAN MONTESI-Who would pay what your not paying? TOWN ATTORNEY DUSEK-I think I might be able to help there. Part of the study that was done it must of been a year and a half ago when the Town was trying to come up with a benefit tax role. What was found then was the smaller parcels with houses on them would be hit with heavier charges which would pick up some of the difference and then the balance would be picked up in the manner that your thinking of in terms of higher rates elsewhere. We looked at all kinds of different options and played around with different things in terms of changing the third, third, and third ratio to maybe having twenty percent on one, forty percent on another trying to just basically look at all the different options. I think at one point there was a package submitted to Steve on it. I think the package was not attractive, Steve you know better than I do, but I think my recollection was that you were not happy with the package because it overall raised a good number of homeowners upwards in terms of their values. SUPERVISOR BORGOS-It gave much much more credit to the commercial properties than to the homeowners. We were concerned with maintaining the homeowners at a reasonable rate and actually as high as they are, I believe the rates are still at or below what the engineers proposal was in eight four for the residential. We tried to keep the homeowners as low as possible because they had no way to pass along that cost. We don't want to drive business out, but at least commercial can increase something by a nickel and recover some of that homeowners can't do that. We have worked diligently to try to stay within the engineers guide and still be able to package, I won't say it's impossible, but it's very very difficult. Anyone else on the sewer rent law, seeing no hands we'll close the public hearing. PUBLIC HEARING CLOSED 7:50 P.M. Discussion was held it was agreed to turn this proposal over to the new Board. Councilman Potenza entered meeting. PUBLIC HEARING MODIFICATION OF FIRE/RESCUE CONTRACTS OPENED 8:05 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if she has sent notice of this public hearing to the newspaper. TOWN CLERK-Yes. SUPERVISOR BORGOS-This hearing deals with the desire of the Town of Queensbury to comply with the Federal Law otherwise known as OSHA and provide Hepatitis-B vaccinations to members of the Fire Departments and Rescue Squads and will soon have to be doing it for our own employees in the Water Department and probably the Sewer Department, a number of other places. It's the Attorney's opinion the only way to do this according to law is to have this public hearing to amend the contract with each organization to provide for the Town to be able to pay for this. Anyone wish to speak for or against or ask questions about this? COUNCILMAN MONTESI-Total cost? SUPERVISOR BORGOS-Total cost is projected not to exceed $23,000 over a three year period. COUNCILMAN MONAHAN-That's the whole series right? SUPERVISOR BORGOS-That's the whole series of three shots for all the people who are currently eligible plus those who are anticipated with the next two to three years. There is no sense in putting in a number of eighteen thousand and having to go through this whole process again. There is approximately $20,000 in the budget between what will be left this year plus the program for next year for this purpose so in the first year $20,000 should be more than adequate. BRIAN LAFLURE-Chief of Queensbury Central Fire Department. I'd like to thank the Town Board and Mr. Dusek for working so hard on this project. It has been a project for the fire service and for the emergency services in the Town of Queensbury to deal with this problem. It's not a problem other than it's something that needs to be done. It is a project that involves meeting federal regulations as you are all aware, Queensbury Central being the first department in Warren County to be audited by OSHA good or bad it's something we live through. We have things that we have to do to go through it. People have raised the question are we obligated to meet federal guidelines as volunteer fire service. That was tested in court by the Eagle-Matt-Lee Fire Department in Ballston Spa, they lost so we do have to meet those things. I would like to make a comment on what you said about how this project is going to work. I want to emphasize to the Board that this is a on going project. It is a project, I know you put additional dollars on top of the initial cost that is needed right now. The initial cost we did a survey of every single emergency service provider in the Town we came up with a number of person necessary at a hundred and five dollars per person for the three shots. I do have to emphasize that as new people join the emergency services and there is a turnover on a constant basis between the three squads and the five fire departments that probably on an annual basis there will be an additional group that will be needed to take the shots. Logisticly it's difficult it's a three shot series takes seven months to accomplish obviously we don't want as each person joins, we don't want to start a new series. So probably on an annual basis depending on when the anniversary is when we can do the first set of shots at that point in time we would have to pick of those that have joined after that period of time and do it on an annual basis. COUNCILMAN MONTESI-Brian is that something that we know we're going to have on an annual basis whether the medical profession gets us down to one shot or three, but we're going to have to do it, we're going to want to do it. MR. LAFLURE-We have no choice to be honest with you. COUNCILMAN MONTESI-Should we be budgeting that from this point on? We're paying for it this year this way should the next year should each fire company and rescue squad budget it? They know who the new members are they probably would have a better handle on it could it be a budget line item? MR. LAFLURE-It could be. To be honest with you, Steve explained to you why we wanted to do it initially as a group. The problem is that there are people who are crossing organizations, in otherwords there are people who are both fireman and emergency squad personal. To get into which organization should pay for the shots it was determined that logisticly and realistically the best way to do it was to do it on a Town wide basis first. COUNCILMAN MONTESI -Right. MR. LAFL URE- Then, I think quit probably not in this 1992 budget, but perhaps in the 1993 budget a line item could be put in each organizations budget to budget for say, five additional members or something like that or whatever that would be. COUNCILMAN MONTESI-That way the Board would just deal with it when the budget came through. MR. LAFLURE-It still comes out on the fire tax anyway you look at it that's where it's coming from and that has to be dealt with. There is another thing that the fire department they are having to put in their budget right now which is not included in this project which is OSHA is also requiring physicals. Not just a piece of paper from your doctor that you get over the telephone like it used to be a real physical that meets certain respiratory requirements for doing interior fire fighting the regulations are pages and pages long. The bottom line is the fire service and the emergency squads are going to provide these physical depending on the age of the member either annually every two years or three years. This is another line item at sixty or seventy dollars per person that has to be included in the fire budgets these items are non- negotiable. OSHA does not allow you to not do this there is no way around it there is no relief from the regulation other than that's the way it is. The bottom line is you can pay for it now or you can pay for it later in fines. There have been fire departments in this upstate New York that have already been fined you can pay it and do it right now or you can pay the fines and still have to pay for what you didn't do. In answer to your question Ron, we are going to be putting certain things as line items in our budget under professional fees right now for 1992, which is a budget that is difficult for us because we are already locked into our contract for 1992. We're having to take away some line items that were budgeted and having to move that money into another line item for professional services even though we hadn't figured on that for our 1992 budget these are things we have to deal with. There is no doubt in my mind that OSHA inspectors will be back they did the City of Glens Falls the day before yesterday and we all know their financial situation. This is something that all governments are having to deal with it's monies that have to be dealt with and we have to come up with. The State isn't giving us any money as far as budget goes, but they are still out there enforcing the regulations which cost a great deal and this is something we all have to deal with. COUNCILMAN MONAHAN-I think perhaps, you know it could be investigated whether or not we could do this more economically right through the Town health doctor. SUPERVISOR BORGOS-It's been done. MR. LAFLURE-I talked to Dr. Evans, he and I talked on this initially. Right now the emergency services, we're not the only groups the Sheriff Department the City of Glens Falls Fire and Police Departments as Steve said, water and sewer certain employees all emergency room nurses. . . COUNCILMAN MONAHAN-I'm talking about the physical. MR. LAFLURE-The same thing. We would have to see what was going to be the best way. To be honest with you in recent organizational meetings we've had with the five fire departments as a group we are working on this project together on mass so that we make sure whatever we do it's a lot easier to get a good price on three hundred physicals then it is on fifty. We're doing whatever we can to try to do that as a group. COUNCILMAN MONAHAN-Some portions of those physicals, I don't know without knowing what it encompass could be conceivably be reimbursable by any medical insurance that people have it depends upon what your physical is composed of. MR. LAFLURE-Unfortunately there is a new law which has not been put into effect, but OSHA has told us that is the rule that they are going to follow. In otherwords the guidelines that they are following under an FP A-1500, these are guidelines that they are going to follow. The things that are necessary the respiratory test which is required to make sure that a firefighter can wear an air pack or self contained breathing apparatus it's quite complicated. It's not something that you would go to your family doctor and say, I need a test that the state will allow me to be a fireman. COUNCILMAN MONAHAN-But, certain test are reimbursable even though they are part of an office call so that's a possibility. MR. LAFLURE-I understand that, that is a subject that has been approach, but it's something that can be looked at. The bottom line is the fire service has to pick up the cost for the individual fire fighters it's not something we're going to ask the individual fire fighters to do. COUNCILMAN MONAHAN-But, there may be way that we can keep it a little lower than it's planned that's what I'm saying. MR. LAFLURE-Possible. SUPERVISOR BORGOS-Ijust want to take a minute to thank Brian for doing all the background work on this. He hounded us for six to nine months or maybe a year till we finally said, okay we'll get everything setup. I do appreciate the time and effort that went into this. MR. LAFLURE-Direct relationship to the number of phone calls to the State Labor Department in Albany, just so you know it's two hundred dollars a day per person per violation. So if you have fifty people in your fire department and they all lack the shot that's fifty people times two hundred dollars per day. COUNCILMAN MONAHAN-Brian what are you going to do if some people refuse to have a shot or perhaps maybe are allergic to the way these shots are put together? MR. LAFLURE-We have been through that there is quit an elaborate system and I should say that the shots are only a part of it. The other part of the regulation requires that we also provide these people with a teaching system. In otherwords we have to bring in an instructor who also has to teach them in the proper treatment and care and precautions necessary to deal with communicable diseases. Remember HBV is only hepatitis-B it has nothing to do with Aids there is another whole series of procedures that we have to train our people on to deal with Aids so all of these things are involved. Hepatitis is easy to get, it's easier to transmit to your family members and other people that's why there is a vaccine for it that's what's important for the hepatitis right now. COUNCILMAN MONAHAN-Still I'm saying, if a firefigher or rescue squad member refusing to take those shots. MR. LAFLURE-Then they take that upon themselves. COUNCILMAN MONAHAN-Or they could be allergic to the way some shots are put together. MR. LAFLURE-The shots that we're using is a synthetic shot it is not a biological serum, it's a synthetic serum I spent a lot of time with the people from the company that makes this. The serum is on State Contract fortunately that State Contract pricing was brought into 1992 as well as 1991. There was a concern originally the State Contract ran out in October, they advised us that they were going to maintain that same price through into 1992 which is good. We have a form which has already been circulated to all the emergency service personnel. There are over three hundred emergency service responders in the Town right now between the three squads and the five fire departments of those two hundred and five returned an affirmative response. They had to sign a disclaimer which states that yes they do or no they do not want the shot. They are by no means forced to take the shot it does put some responsibility back on the officers of the organization. If we are at a car accident and we have the possibility any kind of blood is available to the responders, do we have to mark those personnel that do not have the shots. Should we know who they are or do we leave it up to them if they refuse to take the shot for whatever reasons religious, medical, whatever it is. If they refuse to take the shot do we accept responsibility for them not getting it should they get exposed and do contract the disease there are a lot of things that we have to deal with as far as that goes. Right now once they sign that sheet or do not sign the sheet whatever the case is that is put on file in their personnel file and at that point in time they have accepted the liability. There is a two page sheet that explains the pros and cons, explains how the shot is put together, what is involved, what the reactions are. The shot is so new that right now we do not know how long it is going to last. They are telling us five to seven years before booster shots would have to be dealt with we don't know how that is going to turn out. The system has been law only a short period of time we don't know where were going to go from there. COUNCILMAN MONTESI-Somebody locally will be able to administer these? MR. LAFLURE-Everyone right now, the Sheriffs Department, Glens Falls Police, Glens Falls Fire, and all those agencies are working through the Warren County Health Service System. They are giving us an excellent deal they are giving us the cost of the shot on State Contract plus it's like ten dollars to administer the three shots. Logisticly it's a nightmare bringing all these people together three separate periods at three different times and keeping track of them. There is a computer program supplied by the supplier to do this, but it's a nightmare to get all those people together. They don't work for us their not in the building everyday you have to set up a time frame the nurses will be there for four hours on a Saturday morning try to bring everybody there it's complicated. COUNCILMAN MONTESI-I know my son had to go to Albany to get it a couple of years ago it was limited who would do it. MR. LAFLURE-It's three shots. You take the shot thirty days later you get your second shot and six months from that point seven months total you get the third shot. COUNCILMAN MONAHAN-These can be RN administered? MR. LAFLURE-Yes. It's not a complicated situation. COUNCILMAN MONAHAN-I know some shots you have to watch for a reactions that's what I'm saying. MR. LAFLURE-Understood. The only problem is getting two hundred people the same day to get the shot or however your going to do it logisticly it's going to be interesting. SUPERVISOR BORGOS-Anyone else want to speak to that issue, seeing no hands we'll call this public hearing closed. PUBLIC HEARING CLOSED 8: 15 P.M. RESOLUTION TO APPROVE MODIFICATION TO CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS AND RESCUE SQUADS TO PROVIDE HEPATITIS-B INOCULATIONS AND AUTHORIZATION OF SUPERVISOR'S EXECUTION OF CONTRACTS RESOLUTION NO.: 701,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, a proposed modification to contracts with Volunteer Fire Companies and Rescue squads has been presented at this meeting of the Town Board of the Town of Queensbury relative to the provision of Hepatitis-B inoculations to firemen, rescue workers and other certain Town officials and Town employees, and WHEREAS, a public hearing after due notice thereof has been held before the Town Board of the Town of Queensbury on December 30, 1991, concerning the possible adoption of the proposed modification of the terms of the contracts currently in existence between the parties, and WHEREAS, the public health, safety, and welfare of the residents of the Town of Queensbury will be served in that it promotes the reduction of risk of infection with Hepatitis, and WHEREAS, said proposed modification to the contract and payments required by said modification are not expected to exceed $23,000.00 in total, and WHEREAS, pursuant to Section 184 of the Town Law of the State of New York after public hearing and the mutual consent of the contracting parties a contract may be amended provided it is in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED, that it is in the public interest to modify the existing contracts with the Volunteer Fire Companies and Rescue Squads, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury modify the existing contracts between the parties to provide for Hepatitis-B inoculations under the terms and conditions specified in the proposed agreements, copies of which are presented at this meeting, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized and directed to execute said contracts on behalf of the Town Board of the Town of Queensbury and the Town of Queensbury. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None DISCUSSION HELD SUPERVISOR BORGOS-Noted the Town Board wanted a year end brief review of the landfill closure status and review of the cost so far. LAVERNE F AGEL-Noted that the Queensbury Highway Department has completed the grading, sand on the top layer, winterized it with approval of New York State DEC, and in the spring the site will be ready to go ahead and complete the gas venting layer. The Town Highway Department has logged 6,288 truck loads of material from Hovey Pond in addition to grading cell one. The truck capacity varied from roughly ten cubic yards in some cases thirty cubic yards for the purposes of this report have taken an average of ten cubic yards which is probably on the conservative side. The Highway Department purchased a pan in order to spread the material at a cost of $12,500 this piece of equipment can probably be returned at the end of the landfill closure in two or three years probably at fifty percent of the original cost of that. In taking the figures from the Clough Harbor original estimate to close the landfill with outside contractors the total savings is on the order of $450,000 by using the Town forces. A good portion of this comes from the material that was taken from Hovey Pond and they have stockpiled sufficient material for topsoil for the entire site for all forty three acres in addition to that there is enough for probably twenty percent of the site for the protective layer. The work took roughly the Highway Department the months of July, August, September, October. Commended the Highway Department on the work that they did and the manner in which it was done and the savings experienced as a results of their efforts. SUPERVISOR BORGOS-Questioned Ms. Fagleman on the savings if it was just for the first ten acres. MS. F AGEL-Noted that the savings includes the topsoil for the whole forty three acres that was taken from Hovey Pond. A portion of the protective twenty percent of the soil that is needed for the protective layer. The total savings on the site cell one is on the order of $50,000 which is extremely conservative. The total Queensbury Highway billing for cell one was $76,000. PAUL NAYLOR-Thanked Laverne Fagel for her comments. SUPERVISOR BORGOS-Noted that residents of Queensbury will be receiving tax bills soon and will see a line for Warren County Sewer Tax which has not been on there for many years. Believes the rate for the Town of Queensbury is 5.5 cents a thousand which is a one time only charge through Warren County to payoff all the outstanding obligations of the old sewer district. This includes approximately $22,000 owed to the Town of Queensbury which will come in as a revenue for the general fund during 1992. It includes about $70,000 for the City of Glens Falls and some other communities have to pay in more. This is for those parcels of Queensbury that are in the Warren County Sewer District. Discussion held on purchasing a automatic pool cleaner at a cost of $1,3 50 for the Recreation Department. Noted that this item has already been budgeted. It was the decision of the Town Board to authorize the purchase. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 702,1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of November 26th, 1991 and December 2nd, 16th, 10th, and 19th, 1991. Duly adopted this 30th day of December, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None Abstain:Mr. Kurosaka(Dec. 10th, 18th, 19th 1991) Mr. Montesi (Dec. 18th, 1991) Discussion held on Pulver Road. Attorney Larry Corbett representing Carl Paulsen, and Dr. Carl Paulsen, the Watkins family and the Demorendo family, property owners on Pulver Road. Attorney Corbett noted that the these residents of Pulver Road are in favor of changing Pulver Road to a public road. Mr. James Andretta a resident of Pulver Road noted his opposition of changing Pulver Road to a public road. After further discussion it was the decision of the Town Board to have Pulver Road remain the same, until the residents of Pulver Road work out a solution with Attorney Bob Stewart. RESOLUTION AND FINAL ORDER ESTABLISHING QUEENSBURY WATER DISTRICT - BAY ROAD WATER DISTRICT EXTENSION NO.1 RESOLUTION NO.:703, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Stephen Borgos WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, and WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area along the westerly side of Bay Road some 650' to 1300' northerly of Blind Rock Road, which area consists of a lot of 20,000 square feet upon which a home is situated and an approved subdivision tract of 16.9 acres where a high density residential development is planned and which tract is further identified as Cedar Court, and WHEREAS, the map, plan and report has been filed in the Town Clerk's Office in the Town and is available for public inspection, and WHEREAS, the map, plan and report were prepared by Charles H. Scudder, Consulting Engineer, Box 792, Glens Falls, New York 12801, an engineer licensed by the State of New York, showing the boundaries of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water mains, gate valves, and hydrants, together with the location and a general description of all public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water district extension pursuant to Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to Section 206(a) of the Town Law of the State of New York, WHEREAS, the Town Board of the Town of Queensbury held a public hearing on July 9, 1990 concerning the establishment of said water district extension at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the facilities set forth on the aforesaid map, plan and report have been installed but not yet placed into service with the exception of a fire hydrant and one house for which a contract for water services was entered into with the Town, subject to certain conditions including a termination if a water permit is not obtained from NYS DEC, and WHEREAS, the said Town Board has considered the establishment of said district extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and WHEREAS, notice of such public hearing was duly published and posted as required by law, and WHEREAS, after said public hearing and consideration of the State Environmental Quality Review Act, the said Town Board duly adopted a resolution on the 11th day of July, 1989, determining to create said district extension, and WHEREAS, the Town Clerk of the Town of Queensbury has reported that petitions requesting a referendum have not been filed, and WHEREAS, the State Comptroller approval is not necessary, NOW, THEREFORE, IT IS RESOLVED, that it is the final determination of the Town Board of the Town of Queensbury, that 1) notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2) it is in the public interest to establish, authorize, and approve the Queensbury Consolidated Water District -Bay Road Water Extension NO.1 as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3) all property, property owners, and interested persons within said extension are benefitted thereby; 4) all property and property owners benefitted are included in said extension; and 5) pursuant to Section 206.a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER RESOLVED, that: 1. The Queensbury Consolidated Water District - Bay Road Water District Extension No. 1 be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth in the previously described map, plan and report, subject to the following: a) State Department of Health; The obtaining of necessary permits or approvals from the New York b) the obtaining of the necessary permits from the New York State Department of Environmental Conservation; 2. The boundaries of the extension of the Queensbury Consolidated Water District are as follows: All the certain parcel of land situate in the Town of Queensbury, Warren County, New York, located westerly of the easterly line of Bay Road, in said Town, and which parcel is bounded and described as follows: BEGINNING at a point in the westerly bounds of Bay Road at a distance of 685.5 feet northerly of the centerline of Blind Rock Road, and which point of beginning is the southeast corner of lands of Gerald V. and Delores W. West; running thence from the place of beginning, in a westerly direction for a distance of 200 feet, more or less, to the southwest corner of said lands of West; thence in a northerly direction for a distance of 100 feet, more or less, to the northwest corner of said lands of West; thence in a westerly direction, along the division line between Lot 39 of the First Division of the Queensbury Patent on the South and Lot 40 of said patent on the North, and along the southerly line of lands of Arthur E. and Gertrude E. Thornton, and the northerly line of lands of Continental Insurance Company, for a distance of 964.4 feet, more or less, to an iron pipe marking the southwest corner of said lands of Thornton; thence in a northerly direction, along the westerly line of said lands of Thornton, and the easterly line of lands of Glens Falls Real Estate Company, for a distance of 770 feet, more or less, to the southwest corner oflands of Charles R. Barber; thence in an easterly direction, along the southerly line of said lands of Barber, and the southerly line of lands of Harry C. Prutsman, et aI., and along the northerly line of said lands of Thornton, for a distance of 1527 feet, more or less, to the westerly line of Bay Road; thence in a southwesterly direction, along said westerly line, for a distance of 175 feet, more or less; thence easterly, crossing Bay Road to the southwest corner of lands now or formerly of Ellen 1. Hillis, thence southerly, along the easterly line of Bay Road, for a distance of 345 feet more or less, to the easterly extension of the southerly line of said lands of West; thence westerly, crossing Bay Road, to the place of beginning, and containing approximately 18 acres, more or less; 3. The improvements to be included and made a part of the proposed district extension are generally water distribution facilities for the above described parcel, said improvements including water mains, gate valves and hydrants and said improvements are more fully set forth in the map, plan and report on file with the Town Clerk of the Town of Queensbury; 4. All proposed new water mains and appurtenances have been installed by the subdivision developer and shall be turned over to the Town of Queensbury without charge; 5. It is reported that all proposed water mains and appurtenances are installed in full accordance with the Town of Queensbury specifications; 6. The maximum amount proposed to be expended for the said improvement will not be or is not greater than $65,000.00, said amount paid or to be paid by the developer and at no cost to the Town of Queensbury, the Queensbury Consolidated Water District, or the proposed district extension; 7. The method of apportioning the costs is such that the developer of area where the water district will be situated will pay the costs of installing the watermains and appurtenances necessary to be installed in the district, and the developer will pay all engineering costs associated with the engineering of the map, plan and report; 8. There will be no financing of the establishment of the water improvements and district by the Town of Queensbury or the Queensbury Consolidated Water District. The developer will contribute towards existing facilities and parcels in the proposed district and will contribute toward existing debt of the consolidated water district as herein set forth; 9. Expenses occasioned after the creation of the said district shall be assessed, levied, and collected from the several lots and parcels of land within said district on an ad valorem basis for retirement of debt and operation and maintenance of the entire district as consolidated; 10. The map, plan and report describing the improvements are on file in the Town Clerk's Office, for public inspection, and BE IT FURTHER RESOLVED: 1. that a certified copy of this resolution and order be further filed and reworded in the Office of the Clerk of the County of Warren; 2. that the Town Clerk as required by law, file a certificate with the Clerk of the County of Warren that no petitions for referendum have been filed; 3. that any other filings of this resolution mandated by law be completed by the Town Attorney's Office, and BE IT FURTHER, RESOLVED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended district, and BE IF FURTHER, RESOLVED, that this Order is a Final Order and shall take effect immediately. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION APPROVING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY, CITY OF GLENS FALLS, AND BROAD STREET CAR WASH, INC. RESOLUTION NO.:704, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Kurosaka WHEREAS, during 1988, the Town of Queensbury entered into an agreement with the Broad Street Car Wash, Inc., a New York Corporation concerning sewer service to be provided to the aforesaid Car Wash by the City of Glens Falls, and WHEREAS, among the terms and provisions of said agreement, it was required that that the Broad Street Car Wash, Inc., pay to the Town of Queensbury the sum of $3,290.25 as an estimated capital contribution charge, and that the Broad Street Car Wash, Inc., also pay to either the Town of Queensbury or directly to the City of Glens Falls the normal sewage charges assessed by the City pursuant to contract, and WHEREAS, a second agreement concerning Glens Falls participation was originally drafted and executed by the City of Glens Falls and sent to the Town of Queensbury for execution and the same was sent to Broad Street Car Wash, Inc., for execution, and the records do not indicate that the same was ever returned and the same can not be presently located, and WHEREAS, the Town Attorney and the Glens Falls City Attorney, Mr. Morris, have agreed that a copy of the last agreement could be executed if the Town desires to enter into the same, and the Town Attorney has presented a copy of the proposed agreement between the City of Glens Falls, Town of Queensbury, and Broad Street Car Wash, Inc., to the Town Board for approval and execution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement presented at this meeting between the City of Glens Falls, Town of Queensbury, and Broad Street Car Wash, Inc., and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town Board of the Town of Queensbury and the Town of Queensbury, and BE IT FURTHER, RESOLVED, that in accordance with the terms and provisions of the aforesaid agreement, the Town Board of the Town of Queensbury hereby authorizes the payment of the sum of $3,290.25, as an estimated capital contribution charge over to the City, which shall in turn, in accordance with the terms and provisions of the agreement, adjust and refund or assess further capital charges as may be necessary, and BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized to arrange for the execution of the aforesaid agreement by the Broad Street Car Wash, Inc., and upon execution, furnish copies of the same to the City of Glens Falls and Broad Street Car Wash, Inc. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING SUPPORT AND MAINTENANCE SERVICES BY BUSINESS AUTOMATION SERVICES, INC. RESOLUTION NO.:705, 1991 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, the Town of Queensbury has previously purchased from Business Automation Services, Inc., certain computer software for use in the Town Assessor's Office, and WHEREAS, Business Automation Services, Inc., has offered a first year maintenance agreement and support services consisting of the following: RPS-Link Comparable Search - Database Query & - Report Generation $ 120.00 $ 300.00 $ 180.00 Installation & Training Cost $1,000.00 (approximately) and WHEREAS, Helen C. Otte, Town Assessor, has recommended the purchase of the aforesaid maintenance and support services, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the purchase of the aforesaid maintenance and support services in the amounts indicated in the preambles hereof, and BE IT FURTHER, RESOLVED, that Helen C. Otte, Town Assessor, is hereby authorized to contract with Business Automation Services, Inc., for the services to be rendered, with the form of the agreement to generally provide for the above services in the amounts indicated and to be first approved by the Town Attorney for the Town of Queensbury, and following said approval, the Town Assessor being hereby authorized to enter into the same, and BE IT FURTHER, RESOLVED, that payment for the aforesaid contracts shall come from the Software Account or Assessors Account. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION ESTABLISHING QUEENSBURY CONSOLIDATED WATER DISTRICT ADMINISTRATION BUILDING CAPITAL PROJECT FUND RESOLUTION NO.: 706,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a Capital Project Fund and establishing therein appropriations for certain improvements planned for the Administration Building of the Queensbury Consolidated Water District, and WHEREAS, the Town Board of the Town of Queensbury has, by previous resolution, authorized, in accordance with the Town Law of the State of New York, the aforesaid project, consisting of an improvement to the Administration Building of the Water Treatment Plant, and WHEREAS, the Town Board of the Town of Queensbury has also, by previous resolution, established a method of financing the aforedescribed project by serial bonds, and WHEREAS, the Town Board of the Town of Queensbury, prior to construction, desires to establish the exact method of financing as set forth herein, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a capital project fund to be known as the Town of Queensbury Consolidated Water District Administration Building Capital Project Fund for purposes of making improvements to the Town of Queensbury Consolidated Water Treatment Plant Administration Building, which would include all work and purchases of materials, etc., necessary to make said improvements, including engineering and legal expense at an estimated cost not to exceed $830,000.00, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations for said new capital project fund in the amount of $830,000.00, with the source of funding to be $600,000.00 from the unappropriated fund balance of the Queensbury Consolidated Water District, and $230,000.00 in serial bonds, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations in the Town of Queensbury Consolidated Water District Interfund Transfer Account by $600,000.00 and hereby authorizes the transfer of the same to the Queensbury Consolidated Water District Administration Building Capital Project Fund, and the 1991 Town Budget and/or District Budget is hereby amended accordingly, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to transfer funds and take all action that may be necessary to effectuate the terms and provisions of this resolution. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING JOINT APPLICATION REGARDING BAY ROAD WATER DISTRICT EXTENSION NO.1 RESOLUTION NO.: 707,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Stephen Borgos WHEREAS, it is necessary to complete and file an application for Public Water Supply Permit and a joint application for permit with the Department of Environmental Conservation and Department of Health for the Bay Road Water District No.1, an extension of the Queensbury Consolidated Water District; 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 complete, sign and execute the aforesaid applications on behalf of the Town of Queensbury, the Queensbury Consolidated Water District, and the Bay Road Water District Extension No.1, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to execute any other forms or applications that may be necessary to secure the necessary permits, including, but not limited to, any Environmental Assessment Forms or other forms required by the State Environmental Quality Review Act. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING SETTLEMENT NEGOTIATIONS RESOLUTION NO.:708, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Kurosaka WHEREAS, the Town of Queensbury, during 1988, arranged for the repainting of the Gurney Lane Water Storage Tank, and WHEREAS, after the aforesaid tank was repainted, the Town of Queensbury had an inspection performed and was not satisfied with the condition of the tank at that time, and WHEREAS, the Town of Queensbury has made claim to the parties involved in the repainting project, and WHEREAS, the Town Attorney, working with the law firm of Tabner & Laudato are in the process of negotiating a settlement, which settlement would be generally as presented in the annexed document, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby generally approves of the terms and provisions set forth in said settlement, with the understanding that the same may be changed as negotiations are completed, and hereby further authorizes the Town Attorney, Paul B. Dusek, and Tabner & Laudato, of Counsel, to work to generally resolve the claims of the Town of Queensbury in the fashion set forth in the proposed settlement agreement or in a fashion similar thereto, and BE IT FURTHER, RESOLVED, that the Town Attorney, or Tabner & Laudato are authorized to stipulate to discontinue any claims that may have been filed by the Town of Queensbury once the settlement has been finalized. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION TO AMEND 1991 BUDGET RESOLUTION NO.:709, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Kurosaka WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed on the annexed pages, for the 1991 budget: FROM TO ACCOUNT TOWN COURT DEPARTMENT 01-1110-1720 01-110-1212 2,100 (Officer, PT) (Deputy Clerk) 01-1110-4060 01-1110-1212 1,050 (Service Contracts) (Deputy Clerk) 01-1110-4090 01-1110-1212 1,050 (Conference Expense) (Deputy Clerk) SUPERVISOR DEPARTMENT 01-1220-4400 01-1220-4100 35 (Misc. Contractual) (Telephone Use) ACCOUNTING DEPARTMENT 01-1310-4040 01-1310-4010 20 (Dues & Registrations) (Office Supplies) 01-1310-4040 01-1310-4050 1 (Dues & Registrations) (Subscriptions) 01-1680-4070 01-1310-1040 2,500 CPA AUDIT 01-1320-4290 01-1320-4401 625 (Misc. Acctng. Services) (Annual CPA Audit) BUDGET OFFICER 01-1220-4010 01-1340-4400 630 (Office Supplies) (Misc. Contractual) TOWN CLERK 01-1410-4060 01-1410-1200 775 (Service Contracts) (Deputy Town Clerk) 01-1410-4080 01-1410-1200 775 (Advertisement) (Deputy Town Clerk) 01-1410-4220 01-1410-1200 775 (Training) (Deputy Town Clerk) 01-1410-4400 01-1410-1200 775 (Misc. Contractual) (Deputy Town Clerk) TOWN ATTORNEY 01-1620-1400 01-1420-4411 2,250 (Deputy Town Attorney) (Attorney, Labor) BUILDINGS & GROUNDS 01-1620-1400 01-1620-1250 1,400 (Laborer A) (Switchboard Operator) 01-1620-1400 01-1622-4020 40 (Laborer A) (Cleaning Supplies) 01-1620-1400 01-1622-4070 110 (Laborer A) (Equipment Repair) DATA PROCESSING 01-1680-4070 01-1680-2032 3,400 (Equip. Repair & Maint.) (Computer Software) 01-1680-4070 01-1680-2100 4,000 (Equip. Repair & Maint.) (Computer Hardware) 01-1680-4070 01-1680-4407 700 (Equip. Repair & Maint.) (Misc. Contractual) UNALLOCATED 01-1990-4417 01-1910-4408 15,900 (Contingency) (Unallocated Insurance) SCHOOL TRAFFIC SAFETY 01-1990-4417 01-3120-1270 2,500 (Contingency) (School Traffic Officer) BUILDING & CODES 01-1990-4417 01-3650-4400 675 (Contingency) (Demolition of Unsafe Bldg) SIDEWALKS 01-1990-4417 01-5410-2899 3,900 (Contingency) (Capital Construction) RECREATION 01-7310-2001 01-7310-1330 3,400 (General Equipment) (Youth Services Director) 01-7310-2001 01-7310-1340 4,000 (General Equipment) (Recreation Specialist, PT) 01-7310-1002 01-7310-1340 1,200 (Misc. Payroll) (Recreation Specialist, PT) 01-7310-4300 01-7310-1340 2,200 (Utilities) (Recreation Specialist, PT) 01-7310-2020 01-7310-1470 2,800 (Vehicles) (Working Foreman) 01-7310-4730 01-7310-1470 200 (Master Plan) (Working Foreman) 01-7310-4730 01-7310-1680 4,500 (Master Plan) (Recreation Leader) 01-7310-4730 01-7310-1690 240 (Master Plan) (Recreation Attendant) 01-7310-2001 01-7310-4400 2,000 (General Equipment) (Misc. Contractual) 01-7310-4300 01-7310-4400 1,000 (Utilities) (Misc. Contractual) PLANNING 01-8020-4130 01-8020-4742 5,000 (Legal Services) (Non-reimb. Engineering) BENEFITS & FINANCING 01-1990-4417 01-9055-8055 700 (Contingency) (Disability Insurance) 01-19990-4417 01-9060-8060 4,800 (Contingency) (Medical Insurance) 01-1990-4417 01-9089-8089 720 (Contingency) (Other Benefits) 01-1990-4417 01-9720-7020 35 (Contngency) (Stat. Bond Interest) 01-1990-4417 01-9795-7095 91 (Contingency) (Interfund Loan Interest) CEMETERY DEPARTMENT 02-9060-8060 02-8810-4400 3,600 (Hospitalization) (Misc. Contractual) 02-9030-8030 02-8811-1800 2,100 (Social Security) (Crematory Assistant) 02-8810-1440 02-8811-4300 530 (Heavy Equipment Operator) (Utilities) 02-8810-1440 02-8811-4400 320 (Heavy Equipment Operator) (Misc. Contractual) 02-8810-1440 02-9089-8089 100 (heavy Equipment Operator) (Other Benefits) HIGHWAY - OTHER DEPT. SERVICES Unappropriated Fund 04-5148-1400 7,900 Balance of Fund #04 (Laborer A) Unappropriated Fund 04-5148-1440 35,500 Balance of Fund #04 (Heavy Equipment Operator) Unappropriated Fund 04-5148-1450 60,000 Balance of Fund #04 (Motor Equipment Operator) Unappropriated Fund 04-5148-1470 11,300 Balance of Fund #04 (Working Foreman) Unappropriated Fund 04-5148-2020 17 ,1 00 Balance of Fund #04 (Vehicles) Unappropriated Fund 04-5148-2050 500 Balance of Fund #04 (Radio Equipment) Unappropriated Fund 04-5148-4400 44,500 Balance of Fund #04 (Misc. Contractual) Unappropriated Fund 04-5148-4442 15,000 Balance of Fund #04 (Repairs) Unappropriated Fund 04-5148-4443 87,000 Balance of Fund #04 (Machinery, Contractual) Unappropriated Fund 04-5148-4640 310 Balance of Fund #04 (Stone) Unappropriated Fund 04-5148-6085 54,000 Balance of Fund #04 (Installment Purchases) FIRE PROTECTION 05-3410-4400 05-1930-4445 2,000 (Misc. Contractual) (Judgements & Claims) LIGHTING DISTRICTS 25-5182-4300 25-1930-4445 160 (Utilities) (Judgements & Claims) WASTEWATER 31-8130-4400 31-9730-7030 45 (Misc. Contractual) (BAN. Interest) 32-8130-4830 32-8130-4100 500 (Misc. Equipment) (Telephone Use) 32-8130-4830 32-9711-4003 550 (Legal Fees) (Fiscal Agent Fee) 32-8130-4830 (Legal Fees) 32-9730-6030 BAN. Principal) 1,250 WATER DEPARTMENT 40-8340-4800 (Repair Services) 40-1930-4445 (Judgement & Claims) 40-8320-1971 (Water Plant Op. Trainee) (Postage) 40-8310-4030 4,200 3,400 20 15 1,200 1,400 110 8,000 1,900 850 40 40-8320-1971 40-8310-4040 (Water Plant Op. Trainee) (Dues & Registrations) 40-8320-1971 40-8310-4050 (Water Plant Op. Trainee) (Books & Publications) 40-8320-1971 40-8320-1580 (Water Plant Op. Trainee) (Bldg. Maintenance) 40-8310-4220 (Training) 40-8320-1841 (Lab Operator) 40-8340-1570 (water Maintenance II) 40-8330-4250 (Alum) 40-8340-1570 (Water Maintenance II) 40-8340-1400 (Laborer A) 40-8340-1570 (water Maintenance II) 40-8340-1550 (Maintenance Supv.) 40-8340-1570 (Water Maintenance II) 40-8340-2899 (Capital Construction) 40-8340-1570 (Water Maintenance II) 40-9089-8089 (Other Benefits) LANDFILL 91-8160-4400 (Misc. Contractual) 91-9089-8089 (Other Benefits) 30 91-8160-1840 91-8160-4780 (Landfill Equip. Operator) (Scrap Removal) Duly adopted this 30th day of December, 1991, by the following vote: 4,600 Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Montesi RESOLUTION APPROVING SPECIAL AUDIT OF BILLS RESOLUTION NO. 710, 1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. STEPHEN BORGOS RESOLVED, that the special Audit of Bills as represented by Voucher #91-6574, in the total amount of $4,214.00, payable to Tabner and Laudato be and hereby is approved. Duly adopted this 30th day of December, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN CONSOLIDATED LANDFILL USER AGREEMENTS RESOLUTION NO.: 711,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury has been presented at this meeting with the Consolidated Landfill User Agreement, executed by the Towns of Thurman, Bolton, Warrensburg, Lake George, Stony Creek, Horicon, and Lake Luzerne, and WHEREAS, there has also been presented at this meeting a proposed Consolidated Landfill User Agreement Modification executed by the following Towns: Thurman, Bolton, Warrensburg, Lake George, Horicon, Lake Luzerne, Stony Creek, Johnsburg, and Chester, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and agrees that the Town should be bound by the annexed Consolidated Landfill User Agreements and Consolidated Landfill User Agreement Modifications, and hereby authorizes the Town Supervisor of the Town of Queensbury to execute on behalf of the Town Board of the Town of Queensbury and the Town of Queensbury each and every one of the agreements presented for each and every one of the respective towns. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO APPROVE AUDIT RESOLUTION NO. 712,1991 INTRODUCED BY MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. GEORGE KUROSAKA RESOLVED, that the Audit appearing on Abstract December 30th, 1991 and numbering 91635000-0201 through 91657300-0201 and totaling $434,966.67 is hereby approved. Duly adopted this 30th day of December, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 713, 1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss personnel, attorney/client, real property acquisition, five matters of litigation, at end of meeting. Duly adopted this 30th day of December, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None Executive Session to be held at a later portion of the meeting. RESOLUTION AUTHORIZING REVISIONS TO VOLUNTEER FIRE FIGHTER SERVICE AWARD AGREEMENT RESOLUTION NO. 714, 1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN WHEREAS, the Town Board of the Town of Queensbury previously approved and authorized the Town Supervisor to sign a Volunteer Fire Fighter Service Award Program Plan Document and Trust Document, and WHEREAS, the Town Attorney has advised that after receiving the return of the documents from Mr. Edward Holohan the same have had certain revisions made to them and the Town Attorney having reviewed the revisions with the Town Board, NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and approves the additional revisions that have been made to the document and hereby authorizes the Town Supervisor to sign the Volunteer Fire Fighter Service Award Program Plan Document and Trust Document as revised. Duly adopted this 30th day of December, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None DISCUSSION HELD Town Attorney Dusek discussed with the Town Board the following matters: Hovey Pond, State Police and the Cardinal Blue Butterfly, sidewalks on the Boulevard. It was the decision of the Town Board to hold these matters over for the incoming Town Board members. SUPERVISOR BORGOS-I have had the pleasure of serving on the Town Board for the past six years and have been with most of these people for the full six years. I want to thank all members of this Town Board, members of the media, the public, Town Clerk, Deputy Clerk, Town Attorney for all the good work over the years. To complement, once again the employees of the Town of Queensbury for doing such an outstanding job. This Town is good because of the people who work here and because of the people who live here and it's a great place in which to live. I wish everyone of the people I've mentioned before and the entire new Town Board the new Supervisor the very best of luck it's going to be an exciting experience. I cannot predict and no one on this Board can predict the number of new issues that will come before you next year, what those issues will be, but I will guarantee that they will be there. The things we've tried to cleanup tonight are just a small sample of the hundreds of items that we've handled over the past four years. Our sixty seven this year is lower than our record seventy two a couple of years ago, but it gives us some idea of the level of work that's here. I think based on what happened to the stock market today, I understand it set another new record just shot out of site that the economy is definitely turning around and this year will probably see the largest amount of construction activity in 1992, the largest in the history of the Town so it's got to go over sixty million dollars to do that and I think it will. Again, I want to thank everybody publicly for your work and I wish the very best to the new Board. We all live here in the Town of Queensbury we want to be sure it's a great place to live. COUNCILMAN MONAHAN-I just think Steve, you know and as a member of the Board coming in that everyone probably wishes to express their appreciation to you for the work that you've done during your term of office and to this Board for the work that they have done during the last several years. It hasn't all been easy, but it's been interesting. SUPERVISOR BORGOS-It hasn't been easy we haven't always agreed, but it's been interesting. COUNCILMAN MONTESI-I think, I will miss the competitiveness of the job at times. There have always been differences of opinion that's what made the Board healthy and function well. I think, my wife said to me, well what are you going to do with all of your time. I think about that a lot there are nice things that happen when you do get involved in politics and give some time and talent to your community. I think the nicest thing is that you can look at something and say, you saw something wrong and you did something about it and tried to make it better. Sometimes it doesn't always work and it doesn't always come out better, but basically I think when you care about the place you live in you do want to make it a better place for your children and that's what we're here for. I think that's why new folks are getting involved in Town government and want to do the same thing, I'll miss it. COUNCILMAN KUROSAKA-I've served this Town for six years on the Town Board before that I served twelve years on the Zoning Board, four years on various other commissions, I have about twenty two years in public service. I've enjoyed every year of it, every minute of it and I appreciate the support I've gotten. But I've got myself like most of us between a rock and a hard place at times. Half of me says, I'm glad I'm retiring the other half says, I'd like to continue but, I think I'll go with the half that says, retire George enjoy what you have left. I wish to thank everybody for the opportunity to have served you people for six years and I hope I've left the Town a better place than it was when I started. COUNCILMAN POTENZA-This is my time to say goodbye this has been very interesting. I feel the experience in serving local government has been good for me and good to me it's certainly has been a challenge. I think the people of this Town should understand and appreciate the core of the Town and what makes this Town run and what makes this Town run are the employees that are in this Town office building. They are a terrific group of people they are caring, hard working, and they give a hundred and ten percent. It's been a pleasure working with the Board members and with the Supervisor. One thing I can say is that I had a chance to get up to bat, and I had an impact, and I made an impression on Town, and I was delighted to do it, and I consider myself having the privilege to be able to do it. I wish everyone well in 1992. RESOLUTION TO ADJOURN EXECUTIVE SESSION RESOLUTION NO. 715, 1991 INTRODUCED BY: MRS. MARILYN POTENZA WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves back into Regular Session. Duly adopted this 30th day of December, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None ABSENT:None RESOLUTION AUTHORIZING DEFENSE OF ACTION AND RETENTION OF APPRAISER RESOLUTION NO. 716,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, Real Property Tax Law Article 7 Proceedings have been brought by John P. Burke Apartments, Inc., for the years 1989, 1990 and 1991, contesting the assessed values established for property existing within the Town of Queensbury, and WHEREAS, the Town Attorney has defended these claims and has advised that the services of an appraiser is needed in connection with such defense, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the legal defense of the aforesaid Article 7 Proceedings and hereby ratifies the actions of the Town Attorney in defending the same prior hereto, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized to employ the services of the Municipal Appraisal and Reevaluation Company at a cost not to exceed $3,500.00, and hereby further authorizes payment of the same from Account No. 01-1355-4740 (Article 7). Duly adopted this 30th day of December, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION AUTHORIZING DEFENSE OF ACTION AND RETENTION OF APPRAISER RESOLUTION NO. 717,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Real Property Tax Law Article 7 Proceedings have been brought by Regency Park Associates, for the year 1991, contesting the assessed values established for property existing within the Town of Queensbury, and WHEREAS, the Town Attorney has defended these claims and has advised that the services of an appraiser is needed in connection with such defense, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the legal defense of the aforesaid Article 7 Proceedings and hereby ratifies the actions of the Town Attorney in defending the same prior hereto, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized to employ the services of the Municipal Appraisal and Reevaluation Company at a cost not to exceed $1,500.00, and hereby further authorizes payment of the same from Account No. 01-1355-4740 (Article 7). Duly adopted this 30th day of December, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION AUTHORIZING DEFENSE OF ACTION AND RETENTION OF APPRAISER RESOLUTION NO. 718,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Real Property Tax Law Article 7 Proceedings have been brought by Howard Carr, as Receiver of Queensbury Factory Outlet Center, for the year 1991, contesting the assessed values established for property existing within the Town of Queensbury, and WHEREAS, the Town Attorney has defended these claims and has advised that the services of an appraiser is needed in connection with such defense, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the legal defense of the aforesaid Article 7 Proceedings and hereby ratifies the actions of the Town Attorney in defending the same prior hereto, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized to employ the services of the Municipal Appraisal and Reevaluation Company at a cost not to exceed $2,200.00, and hereby further authorizes payment of the same from Account No. 01-1355-4740 (Article 7). Duly adopted this 30th day of December, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION AUTHORIZING DEFENSE IN CONDEMNATION ACTION AND RETENTION OF APPRAISER RESOLUTION NO. 719,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury, on behalf of the Central Queensbury Quaker Road Sewer District, commenced certain eminent domain proceedings during 1989 against Maurice M. Yaffee, and WHEREAS, acquisition of the property involved was had by the Town of Queensbury during 1989 and, more recently, during November of 1991, and a Notice of Claim for the aforedescribed acquisition was filed by Maurice M. Yaffee, and WHEREAS, the Town Attorney has appeared and defended against said Notice of Claim on behalf of the Town of Queensbury and has indicated it is advisable to retain the services of an appraiser in connection with said action, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes appearance and defense by the Town Attorney in connection with said Notice of Claim and hereby further ratifies all actions taken by the Town Attorney in defense of the Town in connection with said action and hereby further authorizes the retention of the services of the Municipal Appraisal and Reevaluation Company to give an appraisal for court purposes in an amount not to exceed $750.00 and to be paid for from the account. Duly adopted this 30th day of December, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs.Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION OF AUTHORIZATION CONCERNING TOWN OF QUEENSBURY VS. FLYNN RESOLUTION NO.: 720,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury authorized the commencement of an action against Mr. and Mrs. John Flynn concerning certain property near Glen Lake, and WHEREAS, the Town Attorney for the Town of Queensbury has advised that other actions have also been brought concerning or arising from conditions on the parcel which is the subject of the Town of Queensbury action, and WHEREAS, the Town Attorney for the Town of Queensbury has discussed the said action with the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to move to join or consolidate, as the Town Attorney shall deem most appropriate for the Town of Queensbury, the Town of Queensbury action with the other actions currently pending in Supreme Court and relating to the same subject parcel aforedescribed, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Attorney to employ the services of Rist-Frost Associates, P.C., in accordance with the terms and provisions of the standard agreement of employment had between the Town of Queensbury and Rist -Frost Associates, P. c., and BE IT FURTHER, RESOLVED, that the expenses incurred for the aforesaid engineering services shall be paid for from the Account. Duly adopted this 30th day of December, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION REGARDING ASSESSMENT CASE HI-WAY HOST VS. TOWN OF QUEENSBURY RESOLUTION NO. 721, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Attorney has advised the Town Board that there currently exists an agreement between the School and the Town whereby legal and appraisal expenses shall be shared by 50% and that the Town Attorney has been defending the Article 7 proceeding brought by Hi-Way Host NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates its approval of the agreement with the School District and also hereby authorizes the defense of this action and ratifies all actions of the Town Attorney to date in defending the action. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION REGARDING DISCONTINUANCE OF ACTION RESOLUTION NO. 722, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Northway Plaza instituted an action against the Town of Queensbury and the Pyramid Mall and WHEREAS, the Town Attorney has advised the Town Board that he has received notification that Northway Plaza is willing to discontinue that action NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates that the Town Attorney is authorized to discontinue that action so long as the zoning district stays in effect as it was originally adopted and also provided further the Town of Queensbury does not pay any funds to settle that case. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION REGARDING TREE CUTTING SETTLEMENT RESOLUTION NO. 723, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, the Town Board of the Town of Queensbury has received a report that certain trees were cut down on property owned by Mr. Swan adjacent to the Town of Queensbury property located at the Gurney Lane Recreation Site and WHEREAS, the Town Board of the Town of Queensbury has reviewed this matter with the Town Attorney and the Town Supervisor, the Town Supervisor having received a memorandum dated December 26, 1991 concerning the estimated replacement costs and other associated costs for clean up, purchase of trees and also the value of the wood NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury after due consideration feels that it would be in the best interests of the Town of Queensbury to settle this matter with Mr. Swan for a payment of $1200.00 provided that Mr. Swan agrees to sign a general release, releasing the Town of Queensbury from any and all liability and responsibility in this matter and more specifically from the action of cutting trees on his property, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby agrees and approves that the settlement will include cleanup by the Town Employees of that area only where the wood was cut in the spring time of the year said cleanup to be left at the discretion of the Recreation Director Harold Hansen, and BE IT FURTHER RESOLVED, the Town Supervisor is authorized to issue a check to the Town Attorney payable to Mr. Swan, but the Town Attorney to hold in escrow until such time the general release is received from Mr. Swan fully executed said check being payable from the Judgement and Claims Account of the Town of Queensbury. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION REGARDING WARREN COUNTY SHERIFF'S CONTRACT RESOLUTION NO. 724, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, the Town Board of the Town of Queensbury has reviewed the Sheriffs Contract and notes that fact that the same is set to expire this year and WHEREAS, the Town Board of the Town of Queensbury has reviewed also with the Supervisor the fact that he sent a letter to the County earlier this year advising them of the fact that the Town believes the contract to be expiring such letter having further information contained therein to speak for itself, and WHEREAS, the Town Board of the Town of Queensbury acknowledges and recognizes the fact that it attempted to negotiate a contract with the County which would provide additional sheriffs coverage for an amount of approximately $150,000 and that offer and negotiations was rejected by the County, and WHEREAS, the Town Board of the Town of Queensbury has carefully considered this matter and WHEREAS, the Town Board of the Town of Queensbury after reviewing this matter finds and determines that the Sheriffs obligations would normally consist of also providing protection to the residents of the Town of Queensbury and the Town considers the contract with the Sheriffs Dept. to provide additional services over and above what the Sheriff is obligated to provide under applicable State and County Law NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates that it does not at this time desire to authorize any contract with the Sheriffs Dept. and hereby also directs that the Town Supervisor notify the appropriate County Officials who are required to be notified with notices under the contract of the fact that the Town of Queensbury is not at this time willing to enter into any contract for Sheriffs services for the year 1992, and BE IT FURTHER RESOLVED, that as part of this resolution it is determined by the Town Board of the Town of Queensbury based upon the Sheriffs remarks that there will be adequate police coverage insofar as the County would normally be expected to furnish police coverage to the Town of Queensbury and that this resolution should be in no fashion interpreted to mean that the Sheriff should not provide normal and usual police coverage. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: None ABSTAIN: Mrs. Monahan RESOLUTION AMENDING RETIREMENT PLAN RESOLUTION NO. 725, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Stephen Borgos WHEREAS, the Town Board of the Town of Queensbury is desirous of amending its retirement plan and providing additional benefits as provided by law NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury does hereby elect to provide the benefits of Section 75-E, 75-G and 75-1 of the retirement and social security law as presently or hereafter amended and be it further RESOLVED, that this election shall become effective on the 1st. day of January, 1992, and BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized to take all steps necessary to effectuate terms and provisions of this resolution. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: Mrs. Monahan ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH NIAGARA MOHAWK RESOLUTION NO. 726, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, the Town Board of the Town of Queensbury has been considering the purchase of certain property from Niagara Mohawk and WHEREAS, in the interim the Town of Queensbury would like to install a septic system on said property and Niagara Mohawk has agreed to said installation and provided a consent which is good for a period one year and a copy of the same has been presented at this meeting dated December 18, 1991, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby approves the consent and hereby authorizes the Town Supervisor to execute the same with the contingency that it is to be furnished at no cost to the Town of Queensbury. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION ESTABLISHING TOWN EMPLOYEE POLICY RESOLUTION NO. 727, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board of the Town of Queensbury recently concluded negotiations with the CSEA Union and has authorized the execution of a collective bargaining agreement and WHEREAS, one of the provisions agreed to with the CSEA Union concerns working hours of union employees and provides that all Town Employees except those employees who are exempt by virtue of the Federal Wage and Hour Law, shall have a work day consisting of a length of eight hours with a half hour unpaid lunch, and WHEREAS, as part of the agreement with the CSEA Union the Town Board of the Town of Queensbury has agreed to implement a policy for all Town Employees that the work day shall be the same for all Town Employees and Union Employees with the exception of those employees exempted by the Federal Wage and Hour Law NOW, THEREFORE BE IT RESOLVED, the Town of Queensbury hereby institutes and declares that the Town Labor Policy for all non-union employees as of January 1st, 1992 shall be that, said employees work, a work day consisting of a length of eight hours with one half hour unpaid lunch for a total of an eight and one half hour work day, commencing January 1st. 1992. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION OF APPRECIATION RESOLUTION NO. 728, 1991 INTRODUCED BY THE ENTIRE TOWN BOARD A resolution of thanks to all the members of the Town Board and to Town Clerk, Town Attorney and all the Town Employees for their fine work over the past several years and BE IT RESOLVED, that we wish everybody a Happy New Year, and sincere best wishes to the New Town Board and New Supervisor. Duly adopted this 30th day of December, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY