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1990-09-06 SP SPECIAL TOWN BOARD MEETING SEPTEMBER 6th, 1990 7:00 P.M. BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR MARILYN PO TENZA-COUNCILMA N RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT GEORGE KUROSAKA-COUNCILMAN TOWN ATTORNEY PAUL D USEK TOWN OFFICIALS Paul Naylor, John Goralski, Kathleen Kothe PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS PUBLIC HEARING -PROPOSED LOCAL LAW- IMPLEMENTATION OF THE TOWN OF QUEENSBUR Y VOLUNTEER FIREFIGHTERS SERVICE AWARD PROGRAM SUPERVISOR BORGOS Opened the public hearing at 7:00, asking Town Clerk if she had properly advertised the hearing? TOWN CLERK DOUGHER-Yes. SUPERVISOR BORGOS-This is a special meeting called to hold a public hearing on a program entitled 11 Voluntory Firefighter's Service Award Program". This proposed local /aw as written must go to public referendum which would be held if passed this evening at the November General Election. We have held a workshop on this a week ago and the proposed local law in front of you this evening has been created as a proposed local low and of this point in time I'm requesting input from the public. KARL KROETZ, Cleverdale-How will this Service Aword Program be paid for? SUPERVISOR BORGOS-This will be a port of the fire protection budget. MR. KROETZ-Requested that the Board look into the possibility of using only the assessed evaluation of the house, not house and land, for purposes of taxation on the proposed award program. Noting that house values on Lake George are higher than any other area in the Town, feeling this is unfair for this proposed taxation. SUPERVISOR BORGOS-Noted at this point in time, the New York State Law allows for one to work from, based on the assessed evaluation which is both land and buildings. MR. KROETZ-The taxation should only be on what the fire department is protecting which is the building not the land. SUPERVISOR BORGOS-The Town Board has no control over the assessed evaluation and noted that the fire department is not only protecting the building but also the contents and lives in the building. Noted that the Town of Queensbury will be conducting a re-valuation in 1992. PLINEY TUCKER, Word 4-Page 22, Section 9, Effective Date of Program is listed as January 1st, 1990. Questioned if this was retroactive? SUPERVISOR BORGOS-This figure will be found in the 1991 budget but service will be counted from 1990, payment being one year behind. MR. TUCKER-What is the estimated cost of this? k SUPERVISOR BORGOS-We hove set the figure at 480.00 dollars per fireman which figure, can be lowered. The 1991 projected cost is 139,919.00 dollars falling in the fifth year to 75,360.00. Noting that these figures are projected on the number of fireman that reach 50 poin ts. MR. TUCKER-Has this been figured on 200 active firefighters? SUPERVISOR BORGOS-Approximately. 112 COUNCILMAN POTENZA-How does this reflect in taxes? t SUPERVISOR BORGOS-An assessment of 100,000.00 would be in the range of 8 to 10 cents per thousand in evaluation. MR. TUCKER-What is the buy back five year policy? SUPERVISOR BORGOS-In order to buy back, active volunteer firefighters must complete 1 full year earning 50 points to qualify. The chief of each department will certify the 50 poin ts. MIKE PALMER-Any time in the past? ATTORNEY DUSEK-As written may be awarded additional contribution for each year prior to the implementation of the program during which he earned at least 50 points, but can be worded five years consecutive from 1985. COUNCILMAN POTENZA-This was discussed at the lost meeting whether it hod to be the lost five years. Can credit be given for 10 years ago? A T TOR NE Y D USEK-This can be modified. COUNCILMAN MONAHAN-Will this cause any problem for active firefighters earning credit in 1990 with only knowing about this and only having 4 months left. Shouldn't we make this effective in 1991? BRIAN LAFLURE-If you don't meet the requirements, you don't have it. Noted that the fire companies do hove records going back five years. GEORGE STEC, Butler Pond Road, Forest Ranger-I endorse this proposal. Volunteer Fireman need to get a share of the pie, they're dedicated, they're there when you call, they're dependable. Again, 1 endorse this proposal. COUNCILMAN MONTESI-I feel there is a need for this program but I am concerned with going to the voters with the 480 dollar maximum. The state has given us the option of 120 to 480. Some Towns have failed to pass this program at 480.00. Would like to go the middle amount of 300.00 dollar figure used at the public referendum. We could lose slot by going to the 480.00 and we should look at a 300.00 dollar middle figure. COUNCILMAN POTENZA-1 received a letter from North Queensbury supporting a figure 300.00 dollars. We should be looking at a happy medium. COUNCILMAN MONTESI-Boy Ridge Rescue Squad will be covered under this proposal because they are members of the fire company. West Glens Falls and North Queensbury Rescue Squads will not be covered under this proposal. The legislature is looking to change this low to include Rescue Squads in the near future. SUPERVISOR BORGOS-Would like to see this go to public vote, I support this and would like to recommend it go at 400.00 dollars. CONNIE GODDERT-President of the West _';lens Falls Rescue Squad, speaking on behalf of herself. Spoke to the Town Board and requested that until the rescue squads ore included in this package, that no action be taken by Fhe Town Board. SUPERVISOR BORGOS-At this point and ti,-,7e, the low doesn't allow it. MR. KROETZ-Asked if there was any other volunteer award program that would not increase taxes. Noted again that the taxes should bE based on the building itself. SUPERVISOR BORGOS-This is the only way. ATTORNEY DUSEK-Progrom has to go through fire protection tax, keyed into assessed evaluation. COUNCILMAN MONAHAN-Asked whether or not just the building assessment can be used? ATTORNEY DUSEK-1 can not answer that at this time. MR. TUCKER-What will the pension be with someone who has served 40 years? MR. PALMER-With a project 8 percent interest every year, the approximate figure would r 113 be a 112,000.00 dollars. COUNCILMAN MONA HA N-Questioned whether this will effect any other pension plans that on individual may have? A T TOR NE Y D USEK-There seems to be no o f fec t a t this time. DAVE IRONS-This will have no effect on Social Security benefits. KEN PARKER-Does this qualify as an intergroted or unintegroted pension plan? COUNCILMAN MONAHAN-This is not a pension plan, this is a service award program. SUPERVISOR BORGOS-This is entitled defined contribution plan. KEN PARKER-Under this benefit plan, will the income be taxed? MR. IRONS-It is taxable income. PA UL C USHING, 8 Orchard Drive-Homeowner on Cleverdole. I am in complete support of the program. Recommended that 480.00 dollars be used in the referendum. There is very little difference between 480.00 and 400.00 dollars in regard to taxes. MR. TUCKER-Questioned again if pensions will effect this? COUNCILMAN MONAHAN-We don't know what will happen in the future. MR. STEC-Noted that many of the fireman that would be taking advantage of this program will be on the lower economic spectrum and this may be their only retirement plan. C. POWELL SOUTH, Park View-I have been a member of the fire company for 44 years and a// firefighters have done a great job. I am in support of the service award program and would request that everyone would support this when it comes to referendum. SUPERVISOR BORGOS-I am sorry that there is no news media here tonight. This has been a very informative public hearing. I will at this time note that being a fireman, any monies received by me through this proposal, will be turned over to charity. Asked for further input from the public. Hearing none, I declare the public hearing closed. PUBLIC HEARING CLOSED 8.11 p.m. SUPERVISOR BORGOS-Will this be left at a 5 year buy back. AGREED by the Town Board to include this as a 5 year buy back. ATTORNEY DUSEK-On page 13, fifth line from bottom, it shall read as follows: Additional contribution for each of the 5 years, immediately prior to the implementation of the program... SUPERVISOR BORGOS-Regarding level of contribution, I will request that it be set at 400.00 dollars. AGREED by the Town Board to set at 400.00 dollars. RESOLUTION TO ENACT LOCAL LAW NUMBER 11, 1990 PROVIDING FOR THE IMPLEMENTATION OF THE TOWN OF QUEENSBURY VOLUNTEER FIREFIGHTERS SERVICE AWARD PROGRAM RESOLUTION NO. 498, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law providing for the implementation of the Town of Queensbury Volunteer Firefighters Service A word Program, and WHEREAS, a copy of the proposed local law entitled "A Local Low Providing for Implementation of the Town of Queensbury Volunteer Firefighters Service Award Program" has been presented at this meeting, a copy of said local law also having been previously given to the Town Board, and WHEREAS, on September 6th, 1990, a public hearing with regard to this local law was duly conducted, 114 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Low providing for the implementation of the Town of Queensbury Volunteer Firefighters Service Award Program, to be known as Local Law Number 11, 1990, the some to be titled and contain such provisions as ore set forth in o copy of the proposed law presented at this meeting, and BE IT FURTHER RESOL VED, that the Town Board of Town of Queensbury hereby establishes the date of the general election to be held on November 7th, 1990, as the referendum date, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Low with the New York State Secretory of State in accordance with the provisions of the Municipal Home Rule Low and that soic'Local Low will take effect immediately and as soon as allowable under low. Duly adopted this 6th day of September, 199Er by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 499, 1990, Introduced by Ronald Montesi who moved for- its adoption, seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Low, the Local Board of Health for the Town of Queensbur and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance :if the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Martha L. and Michael Hogan have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.0505, such standard providing as follows: Horizontal separation distances from wastewater sources, as provide. for in Appendix A, Table I, must be met. The separation distance required for holding tanks shall be the some as required for septic tanks", APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES TO STREAM WELL (:R WASTEWATER SUCTION WATER PROPEf;TY LAKE GEORGE SOURCES LINE (o) COURSE(c) DWELLING LINE FIND TRIBS. " If It It l/ It Septic Tank If It 10' if " ll It It It It " and WHEREAS, Mortho L. and Michael Hogan have indicated a desire to place C septic tank 2.5' from a dwelling rather than placing it at the mandated 70' distance, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on September 17, 1990, at 7:30 p.m., of the Queensbury Activities C-enter, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the oppi,cation for a 115 variance of Martha L. and Michael Hogan to place a septic tank 2.5' from the dwelling on property situated off of Fitzgerald Road, Queensbury, New York, and bearing tax mop no. Section 41, Block 1, Lot 35, and, at that time, all persons interested in the subject thereof will be heard, and BE IT_FURTHER RESOL VED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said.Public Hearing Notice to the adjoining neighbors. Duly adopted this 6th day of September, 1990, by the following vote: — Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko RESOLUTION OF DISCLOSURE RESOLUTION NO. 500, 1990, introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOL VED, that pursuant to the Town Board Code of Ethics, that the Town Board of the Town of Queensbury hereby acknowledges the public disclosure by Councilman Lyn Potenza of this relationship with Patricia Potenzo, who at this time is being considered for employment by the Parks and Recreation Deportment of the Town of Queensbury as a temporary receptionist/clerk, and be it further RESOL VED, that the Town Board of the Town of Queensbury hereby indicates by a consent of its majority in accordance with the Code of Ethics of the Town of Queensbury that has no objection to the hiring of the daughter and has duly considered the some and consents to the hiring of this Board member's daughter. Duly adopted this 6th day of September, 1990, by the following vote: Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako Abstain: Mrs. Potenzo RESOLUTION AUTHORIZING AUCTION RESOLUTION NO. 501, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury is desirous of selling at public auction, certain equipment, motor vehicles, furniture, and other miscellaneous personal property owned by the Town of Queensbury, which is no longer needed for Town purposes, or which has been replaced by updated equipment, motor vehicles, furniture, or other property, and WHEREAS, the Town Supervisor has prepared a list of all personal property to be sold that is no longer needed for Town purposes, and WHEREAS, the Town Clerk is in receipt of of said list and the Town Board members are likewise in receipt of the said list at this meeting, and WHEREAS, the Town Board of the Town of Queensbury, pursuant to Town Law Section 64-2A, 64-3, and 64-23, has legal authority to sell said personal property at auction, NOW, THEREFORE BE IT RESOL VED, 1) that an auction of said personal property occur on September 8, 1990, commencing at 9:00 a.m., at the following location: Queensbury Highway Department Garage, and 2) that the Town Board of the Town of Queensbury hereby indicates that a Notice of said auction has been posted in the Post-Star, the official newspaper for the Town of Queensbury, as previously authorized by resolution, and 116 BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to maintain a list of the personal property to be sold at said auction in the Office of the Town Clerk from this day until the time of the auction, and that the said list is to be mode available for general public viewing during normal business hours, and that the list is also to be made available for inspection and viewing at the time of the auction on Saturday, September 8, 1990. Duly adopted this 6th day of September, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosoko RESOLUTION AUTHORIZING OPENING OF LATE BID RESOLUTION NO. 502, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. RESOLVED, that the Town Board of the Town of Queensbury hereby determines it to be appropriate to consider the bids submitted by Stout Environmental Corporation to consider the bid submitted by said Corporation along with the other bids, and the Town Clerk of the Town of Queensbury is hereby authorized to open said bids by Stout Environmental Corporation and forward the some to the appropriate persons considering the some and take such other action as may be appropriate with regard to the said bid, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it has determined that it would acceptable to consider the bid of Stout Environmental Corporation, on the basis that the some was only approximately on hour to one and o half hours late, and that the reason why the some was late has been indicated by the Town Clerk of the Town of Queensbury who indicated that Federal Express indicated that the document had been turned over timely to them, but hod simply not arrived on time because of their actions, and in light of the fact that the Town's interest ore not impaired, and the other bidders' interests ore not impaired by the acceptance of said bid. Duly adopted this 6th day of September, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent: Mr. Kurosoko RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 502A, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss Personnel, Litigation and Professional Services. Duly adopted this 6th day of September, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako RESOLUTION CALLING FOR REGULAR SESSION OF THE TOWN BOARD RESOLUTION NO. 502B, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn from Executive Session to enter into Regular Session of the Town Board. lit Duly adopted this 6th day of September, 1990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 503, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, certain Article 7 Real Property Tax Assessment Review Cases have been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review cases with the legal counsel for the Town of Queensbury, such counsel having mode a necommendotion to the Town Board, NOW, THEREFORE BE IT RESOLVED, that the following cases be settled with respect to the School Tax Year commencing 1990-91, and the Town/County Special District Tax Year commencing 1991, in accordance with a Stipulation and as indicated as follows: OWNER TAX MAP # CURRENT ASSESS. ORDERED ASSESS. Vallorono 24-2-1 $207,900 $166,320 Gorreou 24-2-2 $191,000 $152,800 Lou 24-2-3 $791,000 $152,800 Rockefeller 24-2-4 $207,900 $166,320 Hill 24-2-5 $207,900 $166,320 North Creek Corp. 24-2-6 $207,900 $166,320 Nichols 24-2-7 $195,200 $156,160 Duronte 24-2-8 $195,200 $156, 760 Greenwald 24-2-9 $195,200 $156, 160 Heyman 24-2-10 $180,000 $144,000 A Hen 24-2-11 $195,200 $156,160 A Hen 24-2-12 $195,200 $156,160 L i do 24-2-13 $180,000 $144,000 Hughes 24-2-14 $180,000 $144,000 Otto 24-2-15 $195,200 $156,160 Dejong 24-2-16 $207,900 $166,320 Preiss 24-2-17 $191,000 $152,800 Cicotti 24-2-18 $207,900 $166,320 Josias 24-2-19 $207,900 $166,320 Torentino 24-2-20 $191,000 $152,800 Chopple 24-2-21 $191,000 $152,800 Scripps 24-2-22 $191,000 $152,800 Cesar 24-2-23 $180,000 $144,000 Coposso 24-2-24 $195,200 $156, 160 Intelisono 24-2-25 $195,200 $156, 160 Scott 24-2-26 $180,000 $144,000 O'Keefe 24-2-27 $195,200 $156, 160 Wilhelm 24-2-28 $795,200 $156, 160 Coulkins 24-2-29 $180,000 $144,000 Poikoff 24-2-30 $180,000 $144,000 Scott 24-2-31 $195,200 $156, 160 Boland 24-2-32 $795,200 $156, 160 Howard 24-2-33 $180,000 $144,000 Derman 24-2-34 $195,200 $156, 160 j R ebh 24-2-35 $207,900 $166,320 Chrys 24-2-36 $191,000 $152,800 Cosperson 24-2-37 $191,000 $152,800 Welder 24-2-38 $207,900 $166,320 Solomon 24-2-39 $207,900 $166,320 Green 24-2-40 $191,000 $152,800 Wotherspoon 24-2-41 $207,900 $166,320 Rapoport 24-2-42 $195,200 $156,160 Gerber 24-2-43 $180,000 $144,000 118 Curto 24-2-44 $180,000 $144,000 Rapoport ' 24-2-45 $180,000 $144,000 Rapaport 24-2-46 $195,200 $156,160 Carney 24-2-51 $229,800 $183,840 Leonard 24-2-52 $221,900 $177,520 Woldenberger 24-2-53 $221,900 $177,520 Maginn 24-2-54 $229,800 $183,840 L.G. Ventures, Inc. 24-2-55 $220,300 $746,200 Telchin 24-2-56 $181,900 $145,520 Wolder 24-2-57 $181,900 $145,520 L.G. Ventures, Inc. 24-2-58 $220,300 $146,200 - L.G. Ventures, Inc. 24-2-59 $172,800 $118,200 I. L.G. Ven tures, Inc. 24-2-60 $221,300 $146,200 L.G. Ventures, Inc. 24-2-61 $229,800 $153,800 -- L.G. Ventures, Inc. 24-2-62 $221,900 $140,200 Fields 24-2-63 $229,800 $183,840 Dohoney 24-2-64 $207,800 $166,240 L.G. Ventures, Inc. 24-2-65 $221,900 $129,200 L.G. Ventures, Inc. 24-2-66 $207,800 $136,200 LaTorre 24-2-74 $229,800 $183,840 Bloomberg 24-2-75 $222,900 $178,320 Sandler 24-2-76 $222,900 $178,320 Britten 24-2--77 $229,800 $183,840 Duly adopted this 6th day of September, 1990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko RESOLUTION RETAINING THE SERVICES OF O'BRIEN .� GERE/KIST-FROST RESOLUTION NO. 504, 1990, Intro Juced by Marilyn Poter.?a who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is i 7terested in retaining the services of an engineer to develop map, ploit and report and plans useful to the evaluation and consideration - of a Water Treatment Plan expansion for the Queensbury (--onsolidated Water District, and .WHEREAS, the Town Board of the Town of Queensbury hai: solicited and received a total of four applications by engineers for consideration of employment for the purposes of the Water Treatment Plant expansion, and WHEREAS, the Town Board of the Town of Queensbury of er review of all applications and the appropriate interviews and other action has determine i that it desires to retain the services of O'Brien and Gere/Rist-Frost, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to retain the services of O'Brien & Gere/Rist-Frost in connection with the development of a plan and if necessary map, plan and report for the construction of a Water Treatment Plant expansion for the Town of Queensbury with the form of the contract to be in a form to be approved by the Town Attorney and otherwise the contract to be entered into at the time that the some is approved by the'Town Attorney, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby directs that payment of the amounts due to O'Brien & Gere/Rist-Frost shall not exceed on amount of 50,000 dollars and shall be paid for from Capital Projects Account W1-2759951900, and BE IT FURTHER RESOLVED, that the agreement to be entered into with O'Brien & Gere/gist-Frost shall contain the standard provisions that are usually and customarily found in contracts that the Town has had with engineers, more recently and specifically the Rist-Frost contract that is currently in existence and such other terms and conditions as the Supervisor and the Town Attorney may deem appropriate. 119 Duly adopted this 6th day of September, 7990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 504A, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss.Personnel, Litigotion and Professional Services. Duly adopted this 6th day of September, 7990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoko No further action was token. On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN DOUGHER TOWN CLERK I