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1990-10-29 SP SPECIAL TOWN BOARD MEETING OCTOBER 29th, 1990 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN OFFICIALS Paul H. Naylor RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 26, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None PUBLIC HEARING STEPHEN KELLY VARIANCE SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes. SUPERVISOR BORGOS-Is there anyone here to speak for or against the Kelly sewer variance? COUNCILMAN KUROSAKA-How do you get five feet from the property line? COUNCILMAN MONTESI-It's five feet from the corner. It's a corner lot it's an I acre lot. It's an house that was originally going to be a three bedroom house and I guess they are getting rid of a study and making it a four bedroom house because of that they needed to add fifty feet leach line. Because of the limitations the septic tank is in the front they're aren't too many places to put it so they're putting it five feet from the property line, but the property line is the roadway. COUNCILMAN KUROSAKA-1 was wondering how he got over there. COUNCILMAN MONTESI-When you live on a corner you really don't have a front or a backyard you have two front yards, I guess so they put the leach field in the front with the tank and they just ran out of room there. In order to qualify or meet our regulations in terms of leach fields he needed to add fifty feet. SUPERVISOR BORGOS-Are you comfortable with it? COUNCILMAN MONTESI-I'm comfortable with it. SUPERVISOR BORGOS-It's all Town water in that area. COUNCILMAN MONTESI-It's all Town waftir and I'm surprised to hear that some calls came in they might have been concerned when t ey saw five feet from the property line your thinking it's nine feet to a neighbor's house. TOWN CLERK-The only real concern I had was from one neighbor and I don't remember the name and he stated, what happens if there is a pin hole in our water line would we get contaminated. SUPERVISOR BORGOS-Water would go out right? 241 COUNCILMAN KUROSAKA-Where is the water line in reference to this on the other side of the street? COUNCILMAN MONTESI-I don't know where it is. Don't forget that is five feet from the property line then there is another ten feet before you get to the road. His property line is not the edge of the road so it's fifteen feet to the edge of the road. COUNCILMAN KUROSAKA-I'm just wondering whether its on the same side of the road or not. SUPERVISOR BURGOS-If there is a leak in the water line the pressure going to be pushing out. You have to have an conductor system tied in. COUNCILMAN KUROSAKA-What you would have to do is flush every toilet with the water shut off. COUNCILMAN MONAHAN-It would be almost the same thing when you run water and sewer what happens when there is a leak in the sewer line. SUPERVISOR BURGOS-Any further comments? Will call this hearing closed. RESOLUTION APPROVING VARIANCE REQUEST OF STEPHEN M. KELLY RESOLUTION NO. 27, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Stephen M. Kelly previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be a 10 foot separation between the absorption field and the property line, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 29, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. Stephen rd. Kelly, allowing a 5 foot separation between the absorption field and the property lien, on the following basis: a. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ADJOURN AS THE QUE NSBURY BOARD OF HEALTH RESOLUTION NO. 28, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health. 242 Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None PUBLIC HEARING LOCAL LAW WATER CONNECTION 7:08 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes. SUPERVISOR BORGOS-Anyone here to speak for or against or ask questions about the Resolution to Enact the Local Law Establishing Water District Connection and Regulations in the Town of Queensbury? COUNCILMAN MONTESI-We had one before Steve, is this just an update? SUPERVISOR BORGOS-1111 ask our Town Attorney. ATTORNEY DUSEK-This is exactly what you had on the record before with the exemption of one thing the Local Law refers to the fact that it would require any major subdivisions to look into the system. In 1988 when you amended your Zoning Ordinance you took out the definition of "major subdivisions" infact, you deleted it entirely. This Local Law was unclear, I mean if you just read the Local Law you be unsure as to what "major subdivision" mean't so we put in a definition for that. It is the same as it always has been we're just making it consistent as to what you've done in the past. SUPERVISOR BORGOS-Anyone wish to speak from the public? Any member of the Board? Hearing no further comments will close this public hearing. RESOLUTION TO ENACT LOCAL LAW NUMBER 14, 1990 ESTABLISHING WATER DISTRICT CONNECTION REGULATIONS IN THE TOWN OF QUEENSBURY RESOLUTION NO. 6201, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: — WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a proposed Local Law amending a previous Local Law providing for the establishment of Water District Connection Regulations in the Town of Queensbury, and WHEREAS, a copy of the said proposed Local Law entitled "A Local Law Establishing Water District Connection Regulations" has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board, and WHEREAS, on October 29, 1990, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts and enacts the proposed Local Law to establish water district connection regulations in the Town of Queensbury, to be known as Local Law Number 14, 1990, the same to be titled and contain such provisions as are set forth in a copy of the proposed Local Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None 243 DISCUSSION(HELD COUNCILMAN MONTESI-Asked if it was possible to have Town Attorney draft a resolution to metering all water in the Town of Queensbury? ATTORNEY DUSEK-Noted they are trying to mandate water meters in all instances. COUNCILMAN MONTESI-Asked Town Attorney is those districts to be served by someone else should be on water meters? ATTORNEY DUSEK-Stated all water districts under the control of the Town Board. Noted he will make sure that it will apply to any district in the Town of Queensbury. COUNCILMAN MONAHAN-Noted that Shore Colony should be excluded. SUPERVISOR BORGOS-Noted that Attorney Dusek should have Tom Flaherty look at this then bring it back to the Town Board for the Board to review it. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 621, 1990 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 transfers $2500.00 from A215 8010.191 Senior Typist to A215 8010.106 Clerk. Duly adopted this 29th day of October, 1990 by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ACCEPT PLUMBING PROPOSAL RESOLUTION NO. 622, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board hereby accepts the proposal of Kenneth F. Celeste Plumbing and Heating, Inc. of Glens Falls, New York to perform plumbing work at the new offices of the Queensbury Highway Dept. Building as per their proposal dated October 25, 1990 and totaling $2,675.80 and be it further RESOLVED, that this amount will be from the H55 fund entitled Highway Garage Improvement Capital Project Fund. Duly adopted this 29th day of October, 1990 by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO HIRE RIST FROST FOR EVALUATION RESOLUTION NO. 6231, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to hire Rist Frost Associates P.C. of Glens Falls, New York to evaluate the Heating, Air Conditioning and Ventilation system at the Queensbury High y Dept. Office Complex as per their letter Dated October 26, 1990 and be it further RESOLVED, that this evaluation will not exceed the amount of $3,000.00 and be taken from the H55 Fund entitled Highway Garage Improvement Capital Project Fund. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 244 NOES: None ABSENT:None RESOLUTION HIGHWAY SUPT. TO HIRE ENGINEERING SERVICES RESOLUTION NO. 624, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board hereby authorizes Mr. Paul Naylor from time to time retain the services of Rist Frost Engineers from work related to the Highway/Drainage in an amount not to exceed $500.00 per specific occurrence, said amounts to be taken from the Town Engineering funds. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO AMEND RESOLUTION NO. 586, 1990 REGARDING THE HIRING OF A TYPIST IN THE TOWN ATTORNEY'S OFFICE RESOLUTION NO. 625, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury adopted resolution no. 586 on the 15th day of October, 1990, and WHEREAS, the Town Board of the Town of Queensbury desires to amend said resolution to the extent that the title of Mrs. Maria Giannetti should now read "Typist" rather than the title of "Secretary," and that her salary should be paid from a newly created account to be entitled, "Typist," rather than from the Paralegal, PT Account, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends resolution no.- 586, 1990, to the extent that the title of Mrs. Maria Giannetti shall now read "Typist," that a new account entitled, Typist Account, No.: A-11-5-1420-199 is hereby established, and that Mrs. Giannetti's salary shall be paid from the said Account, and BE IT FURTHER, RESOLVED, that all funds appropriated to the Paralegal, PT Account be transferred to the Typist Account No.: A-11-5-1420-199. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE ASSISTANCE FOR LANDFILL CLOSURE PURSUANT TO TITLE 5 OF ARTICLE 54 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW RESOLUTION NO. 626, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury, her 'n called the "Municipality" has hereby determined— that certain work, as described in the stat assistance application and any amendments thereof, herein called the "Project," is desirable and in the public interest, and WHEREAS, Title 5 of Article 54 of the Environmental Conservation Law authorized state assistance payments to municipalities for closure of municipal landfills by means of a written agreement and the Municipality deems it to be in the public interest and benefit under this law to apply therewith, 24 -0 NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, that: 1. Stephen Borgos, Town Supervisor, is directed and authorized as the official representative to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required; 2. one (1) certified .copy of this Resolution be prepared and sent to the Director, Division of Solid Waste, New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-4010 together with the application; and 3. This resolution take effect immediately. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None DISCUSSION HELD Supervisor Borgos updated the Town Board members on the following items: A. Deletion of the Sheriff's Contract from the Budget B. Ceiba Geiby Property C. Fire Company Contract Meetings D. Hiland Park E. Sherman Avenue/Peggy Ann Road Water District F. Public Meeting with the Glens Falls Common Council Thursday November lst, 1990 to discuss the Town of Queensbury proposal to the City to connect with the city system for water. G. The Run for 1192" sponsored by the Olympic Regional Development Authority to raise funds for the winter training centers for the operation of 1992. DISCUSSION HELD Town Attorney asked the Town Board if they would want any more than allowed by Code Publishers? It was decided to order only the amount allowed. Supervisor Borgos spoke to Town Board members in regard to the Preliminary Budget for 1991. Board agreed to have Supervisor make budget adjustments as discussed. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 6279 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss litigation, personal, and attorney/client matters. Duly adopted this 29th day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None No further action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTEDf Darleen M. Dougher Town Clerk, Town of Queensbury