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1991-01-09 SP SPECIAL TOWN BOARD MEETING January 9th, 1991 3:00 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPER VISOR MARIL YN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN MTG.2 RES. 45 - 57 BH 03 - 06 d\ BOARD MEMBER ABSENT GEORGE K UROSAKA-COUNCILMA N \ ", TOWN ATTORNEY PA UL DUSEK TOWN OFFICIALS Jim Coughlin, Paul Naylor, Lee York, Kathleen Kathe PRESS: G.F. Post Star, WKBE, WENU, Channel 8, WWSC SUPER VISOR BORGOS opened meeting, noting that the meeting was called at the request of the Committee of Town Wide Interest Regarding The Intensified Use Of The Queensbury Landfill. RESOLUTION CALLING FOR THE BOARD OF HEAL TH RESOLUTION NO. 45, 1991, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury hereby adiourn from the Regular Town Board to enter as the Queensbury Board of Health Duly adopted this 9th day. of January, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None ¡ " Absent: Mr. Kurosaka QUEENSBUR Y BOARD OF HEAL TH The following Committee members spoke to the Town Board to consider the request for the Town of Queensbury to intervene in the law-suit being filed in Washington County against the use of the Fort Ann Town Landfill as a Consolidated LandfH/; COMMITTEE OF TOWN WIDE INTEREST REGARDING THE INTENSIFIED USE OF QUEENSBUR Y LANDFILL - John Salvador, Bob Schulz, Gilbert Boehm Committee members presented to the Town Board soil map and information regarding hydrology for the Town Board's consideration. (tape on file) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOL UTlON NO.3, 1991, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Queensbury Board of Health hereby adiourn to Executive Session to discuss potential litigation. Duly adopted this 9th day of January, 7997, by the following vote: \. Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR REGULAR SESSION OF THE QUEENSBURY BOARD OF HEALTH è}.ð RESOLUTION NO. 41 1991, Introduced by Betty Monahan who moved for i~s adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury hereby ad;ourn from Executive Session and enter Regular Session of the Queensbury Board of Health. Duly adopted this 9th day of January, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka ) RESOLUTION REGARDING NON ACTION ON PROPOSED LAWSUIT AGAINST FORT ANN AND DEC RESOLUTION NO. 51 1991, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury acting as the Local Board of Health having duly cansidered the request and documentations submitted by the Committee of Town Wide Interest Regarding the Intensified Use of the Queensbury Landfill that the Town Board of the Town of Queensbury seek intervenor status in an action commenced by Schulz et al against DEC and Fort Ann has determined to take no action, and BE IT FUR THER RESOL VED, that the Town Board of the Town of Queensbury will continue to be responsive to the concerns of the Citizens in those of neighboring communities and will share data and will continue to study the use of the Landfill and all other options of Solid Waste Disposal and in the impact that it's Landfill and ad;oining areas could have on the Citizens of the Town of Queensbury and neighboring communities and the quality of their life. Duly adopted this 9th day of January, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos ) Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR THE TOWN BOARD OF THE TOWN OF QUEENSBUR Y RESOLUTION NO. 61 1991, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Queensbury Board of Health hereby ad;ourns and enters into Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 9th day of January, 1991, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka QUEENSBUR Y TOWN BOARD SUPER VISOR BORGOS spoke to the Town Board regarding the removal of the cloy from Hovey Pond to the Queensbury Landfill, discussion was held and the following resolution was proposed... ' ) RESOLUTION REGARDING REMOVAL OF C~A Y FROM HOVEY POND RESOLUTION NO. 461 1991, Introduced by Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos. RESOL VED, that the Town Board of the Town of Queensbury hereby approves the removal of clay at Hovey Pond to the Queensbury Landfill, accepting it at the Landfill to be stock d~ piled sub;ect to a mutual agreement with the Landfill SuperintendentÞ the Highway Superintendent and the Consulting Engineers who are working on the Landfill pro;ect. Duly adopted this 9th day of JanuaryÞ 7997þ by the following vote: Ayes: Mrs. PotenzaÞ Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING THE CORRECTION OF AN ERROR IN THE CONVEYANCE OF A PORTION OF SEAGE ROAD RESOLUTION NO. 47, 1991þ Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury previously adopted Resolution No. 688, dated December 32Þ 7990þ authorizing a Correction Deed for the sale of a portion of Seage Road to Charles R. Wood, and a further correction is needed and a copy of the corrected Deed is presented at this meeting, NOW, THEREFORE BE IT RESOL VEDþ that, pursuant to the Town Law of the State of New York, Section 64(2}þ the Town Supervisor is hereby authorized to execute and place the seal of the Town of Queensbury upon the aforesaid corrected Deed, and on any and all documents necessary to correct the error in the deed conveying a portion of Seage Road to Charles R. Woodþ and arrange for the filing of the documents with the Town Clerk and the Warren County Clerk's Office, as may be necessary. Duly adopted this 9th day of Januaryþ 7997, by the following vote: Ayes: Mrs. Potenza, Mr.- Montesiþ Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka \ RESOLUTION FOR APPROVAL AND ACCEPTANCE OF GRINDER PUMP AND ELECTRICAL CONTROL PANEL EASEMENTS RESOLUTION NO. 48, 1991, Introduced by Ronald Montesi who moved for its adoptionÞ seconded by Betty Monahan. WHEREAS, in connection with Contract No. 7 of the Central Queensbury Quaker Road Sewer District, the Pro;ect Engineers, Kestner EngineersÞ PC, recommended installation of grinder pump units and electrical control panels for said grinder pump unitsÞ and WHEREAS, in order to install the aforementioned items, it was necessary for the Town to enter into certain ,Easement Agreements with those owners upon whose property the grinder pump units and/or electrical control panels are located, and WHEREASþ the form of said Easement Agreements has been reviewed and approved by Karla M. CorpusÞ Deputy Town A ttorney of the Town of Queensbury, NOW, THEREFORE BE IT RESOL VED, that said Easement Agreements are hereby accepted and approved and that the Town Supervisor is hereby authorized to executeÞ sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FUR THER \ RESOL VED, that the Town Clerk is hereby authorized and directed to cause said easements to be recorded in the Warren County Clerk's\Office, after which they shall be filed and maintained in the office of the Town Clerk of the Town of Queensbury. Duly adopted this 9th day of January, 7997 Þ by the following vote: Ayes: Mrs. Potenza, Mr. Montesiþ Mrs. Monahan, Mr. Borgos Õ)l-\ Noes: None Absent: Mr. Kurosaka RESOLUTION APPROVING MOBILE HOME BUILDING & ZONING PERMIT RESOLUTION NO. 49, 7997, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Donald and Peggy Mabb previously filed an application for a mobile home outside a mobile home court permit in accordQnce with PQrQgrQph 2, Se€tion 4 of the Ordinance No. 72 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to temporarily locQte Q mobile home at property situQted Qt Eisenhower A venue, Queensbury, New York, TQX MQP No.: 720-7-60.55, Qnd / WHEREAS, Paragraph 2(a), Section 4, of SQid OrdinQnce No. 72 allows the Town Board of the Town of Queensbury to grant Q temporary permit, for a term of three (3) months, for the parking or placing of a mobile home outside of a mobile home court. NOW, THEREFORE BE IT RESOL VED, thQt the Town Boord hereby finds that the application of Donald Qnd Peggy Mabb is satisfQctory, Qnd BE IT FUR THER RESOL VED, that the Town Board of the Town of Queensbury, pursuant to Parograph 2(Q), Section 4, of LOCQI LQW No.4, 7986, hereby authorizes the Town Clerk to grQnt o three (3) month permIt to park a mobile home outside a mobile home court, allowing Donald and Peggy Mabb to plQce a mobile home on property located at Eisenhower A venue, Queensbury, New York, TQX Map No.: 720-7-60.55, in accordance with the terms of the Ordinance. Duly adopted this 9th day of JQnuary, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. MonQhan, Mr. Bargas Noes: None ) Absent: Mr. Kurosaka RESOLUTION TO RETAIN THE SERVICES OF VANDUSEN & STEVES RESOLUTION NO. 50, 7997, Introduced by Marilyn Potenza who moved 'for its Qdoption, seconded by Betty Monahan. RESOL VED, that the Town Board of the Town of Queensbury hereby authorize the retainage of services of VQnDusen & Steves, License Land Surveyors, for the purpose of placing upon two (2) sets of tax maps the information necessary to properly defined the critical environmentQI areQS QS previously defined in the Town of Queensbury at Q rQte not to exceed ,$ 7,200.00 to be PQid from the non-principal engineer/surveyor line of the budget, department 23 line. Duly Qdopted this 9th day of JanuQry, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. MonQhan, Mr. Bargas Noes: None Absent: Mr. KurosakQ RESOL UTlON OF DISCLOSURE RESOLUTION NO. 51, 1997, Introduced by Betty Monahan who moved for its odoption, seconded by Ronald Montesi. RESOL VED, that pursuant to the Town Boar'd Code of Ethics, thot the Town Boord of the Town of Queensbury hereby Qcknowledges the public disclosure by HQrry Hansen, Director of PQrks Qnd Recreation of this relationship with BrQd Hansen, who at this time is being considered for employment by the PQrks and Recreation Department of the Town of Queensbury QS Q Gurney LQne Winter Recreation Area Supervisor for Weekends, hours being 70:00 Q.m to 4:00 p.m., Qnd \ ) ~ BE IT FUR THER RESOL VED, thQt the Town BOQrd of the Town of Queensbury hereby indicQtes by Q consent of its mQ;ority in QccordQnce with the Code of Ethics of the Town of Queensbury thQt hQS no ob;ection to the hiring of the son Qnd hQS duly considered the SQme Qnd consents to the hiring of the Director's son. Duly Qdopted this 9th dQY of JQnuQry, 799'7, by the following vote: Ayes: Mrs. PotenzQ, Mr. Montesi, Mrs. MonQhQn, Mr. Borgos Noes: None Absent: Mr. KurosQkQ RESOL UTlON TO INCREASE CEMETER Y RA TES RESOLUTION NO. 51, 7997, Introduced by Betty MonQhQn who moved for its Qdoption, seconded by RonQld Montesi. WHEREAS, the Town BOQrd of the Town of Queensbury hQS received Q request from the Cemetery Commission to increQse the rQte schedule for the Pine View CremQtory, NOW, THEREFORE BE IT RESOL VED, thQt the rote schedule be increased os follows: $755.00 $ 25.00 Adult ContQiner. Duly Qdopted this 9th dQY of JanuQry, 1997, by the following vote: Ayes: Mrs. PotenzQ, Mr. Montesi, Mrs. MonahQn, Mr. Borgos Noes: None \ Absent: Mr. KurosQkQ RESOLUTION TO CONDUCT SHAMROCK SHUFFLE 5 MILE ROAD RACE RESOL UTlON NO. 53, 7997, Introduced by RonQld Montesi who moved for its Qdoption, seconded by MQrilyn Potenza. WHEREAS, the AdirondQck Runner Club has requested permission to conduct Q SHAMROCK SHUFFLE 5-MILE ROAD RACE QS follows: SPONSOR: The Adiron,dQck Runners Club EVENT: SHAMROCK SHUFFLE 5 MILE ROAD RACE DA TE: MQrch 77, 7997 PLACE: Beginning Qnd ending on QUQde Street {Letter on file regQrding 10cQtion of rüñt NOW, THEREFORE BE IT RESOL VED, that the Town Boord of the Town of Queensbury hereby gives permission, upon the receipt of proof of insurance, to the AdirondQck Runners Club to hold the ShQmrock Shuffle 5 Mile ROQd RQce in the Town of Queensbury, Qnd ~ BE IT FUR THER RESOL VED, thQt this be sub;ect to the \ approvQI of the Queensbury Highway Superintendent. Duly Qdopted this 9th dQY of JQnuQry, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. MonQhQn, Mr. Borgos Noes: None "dl, Absent: Mr. Kurosaka RESOLUTION AUTHORIZING A TTENDANCE A T CONFERENCE RESOLUTION NO. 54, 1991, Introduced by Marilyn Potenza who moved'for its adoption, seconded by Ronald Montesi. RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the attendance of Mrs. Betty Monahan, Councilman at the conference held on January 29th thru 30th, in New York City, conference sponsored by DEC regarding solid waste., Duly adopted this 9th day of January, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos '- Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 55, 1991, Introduced by Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos. RESOL VED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss l¡. matters of litigation. Duly adopted this 9th day of January, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR REGULAR SESSION OF THE TOWN BOARD RESOLUTION NO. 56, 1991, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. ) - RESOL VED, that the Town Board of the Town of Queensbury hereby ad;ourn from Executive Session to enter Regular Session of the Town Board. Duly adopted this 9th day of January, 7997, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION SETTLING REGENCY PARK ASSOCIATES ASSESSMENT CASE RESOLUTION NO. 57, 1991, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOL VED, that the Town A ttorney for the Town of Queensbury is hereby authorized by the Town Board of the Town of Queensbury to settle certain tax assessment proceedings in the matter of Regency Park Associates against the Assessor and Assessment Review Board of the Town of Queensbury commenced for several tax years commencing with the tax year of 7987 and concluding with the most recent assessment roll of 1990, upon terms which include that a refund shall be paid to Regency Park Associates, in an amount not to exceed $70,000.00 payable by the Town of Queensbury, the County of Warren, and the Queensbury Union Free School District, in amounts proportioned according to the rate of taxation on the property which wa~ the sub;ect of the tax proceedings. Duly adopted this 9th day of January, 7997, by the following vote: r""'" Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None dì Absent: Mr. Kl(rosaka Town Attorney submi,tted copies of proposed changes for Zoning Ordinance for the Town Board's review. No further action was taken. On motion, the meeting was ad;ourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK \ \.