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1988-09-13 '219 TOWN BOARD MEETING SEPTEMBER 13, 1988 MEMBERS PRESENT Stephen Borgos-Supervisor Marilyn Potenza-Councilman . Ronald Montesi-Councilman Betty Monahan-Councilman Paul Dusek-Town Attorney MEMBERS ABSENT George Kurosaka-Councilman t PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION TO MOVE INTO QUEENSBURT BOARD OF HEALTH RESOLUTION NO. 368, 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 adjournes and moves into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka QUEENSBURY BOARD OF HEALTH Continuation of Public Hearing on Sewer Variance-Stan Lewza-13A Courthouse Drive Mr. McCormack is presenting Mr. Lewza Supervisor Borgos-You had submitted this application a few weeks ago where it appeared that two dry wells were not the usual distance from the building ... would you tell us the changes that have been done. Mr. John McCormack-McCormack Ind. Courthouse Est. Lake George, N.Y. Since the meeting we have moved the westerly pit an additional twenty feet to the west or northwest corner of the garage which is ten feet off the property line and ten feet from the building, that was with a recommendation from Dave Hatin Building Inspector who came up and looked at the site and agreed on the location. Mr. Lefebvre give the approval for the moving of that pit and the completion of it. We are now here for a variance for the second pit which is 1 foot off from the twenty foot minimum distance from the foundation. Supervisor Borgos-Mr. McCormack has indicated under your watchful eye he has made some changes are you satisfied with what has been done? Dave Hatin-Director of the Building Dept.-Town of Queensbury-Yes. They did move the one cut that was very questionable, that has been moved into the requirements and beyond the requirements. The nineteen foot, I talked to Quentin Kestner as of a half hour ago and he says verbally he has no objections to it and he feel the compromise should be allowed. Supervisor Borgos-Is there anyone else who wishes to speak about this matter? No one spoke... RESOLUTION APPROVING VARIANCE REQUEST OF STAN LEVZA-13-A COURTHOUSE DRIVE RESOLUTION NO. 10, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Stan Lewza 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 a distance of 20 feet between a seepage pit and residence, and 220 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, and WHEREAS, it has been indicated by the applicant, Mr. Stan Lewza, that he no longer needs two (2) variances as requested, but rather, at this time, only one (1) variance, that being to place a septic seepage pit within 19 feet of a residence as opposed to the required 20 feet as set for the in the Sewage Disposal Ordinance, Section 8.030 (10), 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. Lewza allowing the septic seepage pit to be placed 19 feet from the dwelling instead of the required 20 feet and finds as follows: A. that the Town Engineer has indicated his approval of this variance and B. that there are special circumstances or conditions which justify allowing the seepage pit to be placed 19' from the residence as opposed to the normal 20' in that the seepage pit is already constructed and in that the property dimensions make it difficult to achieve a full 20' separation between house and septic pit as required by the ordinance, and C. that due to the nature of the variance, in that it is only one (1) foot, 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. and D. 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, and E. 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 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan Supervisor Borgos-The applicant does understand that he does need the approval of the State Dept. of Health... RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEMAGE DISPOSAL ORDINANCE RESOLUTION NO. 11, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and �- WHEREAS, Pierre Dumoulin has 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 3.030 (D), such standard in referring to Table I of Appendix A providing among other things as follows: 3 221 WASTEWATER WELL OR TO STREAM DWELLING PROPERTY LAKE GEORGE SOURCES SUCTION LAKE OR LINE AND TRIGS. LINE (a) WATER COURSE Septic Tank 10' 10' WHEREAS, Pierre Dumoulin has indicated a desire to place a septic tank which is 4' from the foundation of the dwelling and 6' from the lot line, NOW, THEREFORE BE IT RESOLVED, 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 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO. 12, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Marilyn Potenza: RESOLVED, that the Town Board of Health hereby adjournes. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan QUEENSBURT TOM BOARD NEETING OPEN FORUM Pliney Tucker-Ward 4,Asked where Mr. Kurosaka is... Supervisor Borgos-Noted that Mr. Kurosaka has been ill Pliney Tucker-Asked when he was going to return. Supervisor Borgos-I do not know... Pliney Tucker-We have a lot of important things that are going on in Ward 4... Supervisor Borgos-It has been noted that if there are any problems any of the Councilmen or the Supervisor can be contacted. Pliney Tucker-I am quite concerned that you have the thing on the Top of the Mountain and the County said that the Corinth Road is the busiest road in the County and even in the building business ...can you find out a time frame when this man will be back? Supervisor Borgos-I do not think at this time we know...there things that should not be discussed at an open meeting, Mr. Kurosaka is ill and will be back as quickly as possible. Pliney Tucker-He is representing a district on the Board and evidently he can't do that. Councilman Potenza-I have taken many calls from the 4th Ward and I spent all of 222 `r Friday Morning in the 4th Ward covering the concerns of some of the constituents so I think in all honesty the Board is picking up the slack for Mr. Kurosaka at this present time. The concern is for the Town of Queensbury not just Wards 1,2,3 or 4 if there is a concern or problem that comes in then it is a Town problem. I know its unfortunate that Mr. Kurosaka is ill but I think we are always going to handle the problems for him. Pliney Tucker-That is not the way our system of government works... 1 Councilman Montesi-Noted that Elected officials are elected for a period of time... in the case of a Councilman if he cannot serve he and only he can resign from the position or step down from that position there is no amount of legal pressure that you are to assert. i Pliney Tucker-Is there somewhere in the oath that you take that you shall perform the duties of the office? Concerned over the proposal of West Mountain placing sewerage into the River above the Water Treatment Plant... Supervisor Borgos-That has been a proposal for months, we told them that would not be satisfactory proposal... Pliney Tucker-Ron has been credited with suggesting a sewer district in the west end and I personally am not in favor of that, because this development on West Mt. is being developed to make money... Councilman Montesi-I suggested that West Mt. develop their own sewer dist. and run a line down Corinth Road...if they formed their own sewer dist. on the mountain and came down Corinth Road they would bear the cost of doing their dist, at some point you would have to look at Corinth Road and say is it worthwhile to the residents along Corinth Road to be included in a sewer dist., they have the right to say no, West Mountain would have to stand on its own two feet. Pliney Tucker-If the residents along the Corinth Road decide they want a sewer system and they petition for it this is all well and good, but to go with the assumption that we may put in a sewer dirt. so the sewage can come off West Mt. this is not right. Town Attorney Paul Dusek-(regarding question of Councilman not being present at meetings) To state a couple of State Comptroller opinions which really have to do with salaries as opposed to sickness but once again the people involved are ----^'"' absent, it says as long as a Town Councilman remains qualified for his position . he does not forfeit any of his salary by absenting himself from the state for a long period of time his salary payment may not be with held from him for failure to attend a large number of Town Board Meetings. They have indirectly given us a little insight that there is going to be a lot of flexibility here as far as Councilman Kurosaka to be able to take the time off. As I said earlier, I think I presume that the Public Officers Law may provide further information as to what exactly the criteria is and how long he can take off etc. My initial assumption would be quite a long time period. If the Board desires further research I will - ,,,provide a report. Supervisor Borgos-I would appreciate that before the next meeting. Pliney Tucker-Regarding the Water Plant proposed expansion, who determined that we would sell water to South Glens Falls and the Town of Kingsbury. Supervisor Borgos-The determination for the Town of Moreau has not been made, the request has come in, the Tovm of Kingsbury was an agreement reached, signed in 1986 with paper work going back to 1980, the Town of Kingsbury is buying a minimum of 46,500 per day... Pliney Tucker-This is action taken by the Town Board? Supervisor Borgos-Yes. Pliney Tucker-How can the Town Board obligate a Special Dist. to furnish water outside of that district to another? Councilman Montesi-The State Dept. of ENCON mandates that is we are going to take water out of the Hudson River that we have to provide the capacity of a million gallons a day of neighboring towns, they consider us a regional water treatment facility....noted that the City of Glens Falls may be coming in the future for 223 water service. Pliney Tucker-If the City of Glens Falls requests water please do not tell me that it will be an expense to the Town of Queensbury to expand our plant to supply the City of Glens Falls water, is there anyway that this could happen? Supervisor Borgos-I cannot imagine...the same with the Town of Moreau, if we agree to set aside a million gallons a day they would agree to pay the full proportionate Aare of the expansion 1/5 of five million gallon expansion, .full capital construction costs and all related legal and other costs in advance up front. The would reduce the 6 million figure into the 5 million dollar range...if the City of Glens Falls comes in they would be required to pay up front the capital construction percentage. f' The Town of Kingsbury is different, there is no capital construction number in there but they do pay a substantial higher rate per thousand gallons of water... Pliney Tucker-Asked for a copy of the DEC permit from Councilman Montesi... Paul Naylor, Highway Supt.-Noted that the Town will be having an Auction soon... Supervisor Borgos-Noted that Lafayette St. will be closed to all but emergency vehicles for 3-4 weeks due to sewer construction... RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 369, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board minutes of August 2,9,10,16,25 and September 1 1988. be and hereby are approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ACCEPT ROAD DEDICATION OF MASTER'S COINON SOUTH AND HERITAGE POINT ROADS IN MASTER'S COMMON SUBDIVISION FROM HILAND PARK RESOLUTION NO. 370, Introduced by Mr. Ronald Montesi who moved for its adoption Mrs. Marilyn Potenza: WHEREAS, Hiland Park, a New York Limited Partnership, has offered to dedicate to the Town of Queensbury roads known as Master's Common South and Heritage Point and drainage easements in the Master's Common South Subdivision, which is more particularly described in the survey map, presented at this meeting and made a part of the record of this meeting, and WHEREAS, said roads offered for dedication are complete except for application of surfacing materials and Hiland Park has promised to complete said roads at a date to be set by the Town Highway Superintendent and/or the Town Board of the Town of Queensbury, but in no event, to complete the same within two (2) years of this resolution, and has offered cash in the amount of ;23,150.00 to be held in escrow and to be used to cover the cost of completion of the roads in the event the same are not completed as promised by Hiland Park, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised the said roads proposed to be dedicated to the Town of Queensbury and that he finds the same, in their current condition, to meet the Town of Queensbury specifications, with the exception of the final blacktop surfacing and the amount of cash to be sufficient to cover the cost of completion of the roads in the event the same are not completed by Hiland Park, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said roads proposed for dedication, and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and 224 WHEREAS, the form of the deed, and title for the roadways offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deeds for both the roads and drainage easements be and the same are hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deeds and easements to'be recorded in the Warren County Clerk's Office after which said deeds and easements shall be properly filed and maintained in the Office of the Town Clerk of the town of Queensbury,and BE IT FURTHER RESOLVED, that the cash in the amount of $23,150.00 is accepted from Hiland Park to be held in escrow pending the completion of the roads by Hiland Park and in event that Hiland Park does not complete the roads as specified by the Town Board or the Town Highway Superintendent, a with-drawal to cover the cost of completion of the same shall be made against the said amount of cash by the Town of Queensbury, and the balance, if any, thereafter to be returned to Hiland Park or if the deposit is inadequate further sums as are necessary shall be paid by the developer, and, BE IT FURTHER RESOLVED, that the roads, be hereby added to the official inventory of Town Highways, to be described as follows: Road Number 449 Description: A U-shaped road proceeding southerly from Haviland Road thence northerly back to Haviland Road Name: Master's Common South Feet: 1907 feet Road Number: 450 Description: A road ending in a cul de sac proceeding southwesterly from Master's Common Road Name: Heritage Point Feet: 575 feet, and BE IT FURTHER RESOLVED, that in the event that the Town of Queensbury adopts a new zoning ordinance and subdivision rules and regulations which provide that letters of credit will be accepted under circumstances where a road is offered for dedication that has not received a final blacktop surfacing, the Town Board of the Town of Queensbury will, if the developer desires, review a letter of credit offered by the developer, and if the same is acceptable in format to the Town Attorney, accept the same and return the sum of $23,150.00 deposited by the developer to insure the servicing of roads as it is required under the present zoning ordinance for the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan DISCUSSION HELD BEFORE VOTE: Paul Dusek-Town Attorney-At the time these were originally drafted there was two ideas in mind on how these would be accepted, one being personnel guarantee, the other one was certified check. The third proposition was a letter of credit, I was not aware of that at the time both of these were drafted so I was only allocating to the Board these two options, however, a certified check can be modified to a letter of credit if that is another option the Board wishes to consider. Supervisor Borgos-Are you satisfied that any of the three options would be acceptable? Paul Dusek-Town Attorney-In the case with the Hiland Park PUD the questions have been posed to me as to what the law requires. I have researched out the PUD and development of roads and actually the PUD Ordinance does not say anything in it as far as road dedication but it does refer you to the subdivision rules and regulations saying they will apply in all other areas. When you go to the subdivision rules and regulations they provided that the developer can with the Boards permission dedicate a road that is not yet complete as long as he furnishes a certified check /' 225 which would cover the cost if completed within the next two years. That's is the legal interpretation of the ordinances as I understand it at this point. Councilman Montesi-Questioned the concept of irrevocable letter of credit? Paul Dusek-Town Attorney-The new regulations do provide for a letter of credit, they will take effect on Sept. 30th. Supervisor Borgos-Questioned if we had a certified check for two weeks and then divert that to a letter of credit is that a possibility by resolution? Paul Dusek-Town Attorney-The law does not address that so it would seem that there m_ is some flexibility for the Board to do this, however, if you do it with one you would have to do it with all. It does say in the new proposed ordinance that the Board may accept the offer, if the Subdivider files with the Town Clerk a certified check or or irrevocable letter of credit cover the cost of satisfactory completing construction of the subject road, it Just says either or at this point. John Lapper-Attorney with Krolick and McGraff-Law Firm in Glens Falls, I am here on behalf of Gary and Suzanne Bowen and Jim Bowen and Russ Guard of Hiland Park. We appreciate you discussing this issue and considering the letter of credit two weeks in advance of the rules changing. That helps out the developer and is appreciated. The new road profile was approved by the Town Board on June 23, 1987, before that was passed there was an issue of whether the Town Specifications should be increased to provide for a more expensive, more sophisticated road profile which is the type of road profile which was part of the Hiland Park Subd. This was something that the developers of Hiland Park agreed to it is called a winged road, it has drainage culverts built into the road and it wings up again so it has drainage provided for within the road bed itself. This is something that cost the developer four times what it cost the standard configuration which is all that is required in the Town of Queensbury. As the result of that and at that time that these discussion were going on and the developer agreed to put this in, it was stated apparently not by the entire Town Board but an agreement was reached that the developer feels that the Town Board should abide by and we are asking that the Town Board consider that because the developer was putting in the road that cost four times the minimum requirements that they would not have to put up the extra money for the surfacing. There are some technical reasons in terms of the type.of road the asphalt road that is in there now without the top surface that makes it a better road already then what the town requires, moreover because of the money they put in. It is the developers understanding that there was an agreement reached and we are asking �-- that the Town Board consider in the case of Hiland Park that since we have already put this money in we do not have to put up the additional twenty-three thousand in this case for two years. Supervisor Borgos-It has come to my attention, I believe there were three or four people present at the meeting you talked about where an agreement was reached, the problem is that none of us that are sitting here were at those meetings. We' are also constrained in that the language does not permit some of these things obviously I would vote 100% to support any agreements that were reached in the past my problem is that, number one, were those agreements reached in some kind of a written form and under the rules and regulations or are they other than that? Mr. Naylor I understand was at such a meeting and I do not know even if he could remember if that would help us. We would probably need the attorneys opinion at this point in view of the fact there are no resolutions on record the law does not seem to provide for anything else are we in a middle of a mess or where are we. Paul Dusek-Town Attorney-Technically, because it does not appear that this Board or any Board Member agreed to that I do not know how that can be binding upon the Town because the Town Board was the one that has to by resolution authorize the Attorney to do any agreements on behalf of the municipality. Councilman Montesi-To make an exception here I am not comfortable with that, I am comfortable that in two weeks I am going to give you the choice of an irrevocable letter of credit in difference to a certified check... Supervisor Borgos-Recommended that an addition be made that since the new rules and regulations will be adopted on or about Sept. 30th that on October lst. the Town Board would be happy to exchange the certified check for a letter of credit? Paul Dusek-Town Attorney-If it is made clear that it is only in the event that the ordinance is passed...the Town Board will have to by Resolution accept the ee 6 form of the letter of credit, it will have to be reviewed on your behalf... Marilyn Potenza-This puts this Board in a very difficult position, if some concessions were made from previous members at previous meetings it is difficult to verify and ... the concession as far as I am concerned would be to accept a letter of credit vs a certified check. Supervisor Borgos-Hiland Park Developers have been outstanding in their cooperation with the Town, they have gone above and beyond all their requirements they have donated more land than they had to, they have put in better systems than they had to, they have done everything above and beyond, the Board is torn at this moment wanting to do one thing and being constrained by the law from doing it, you should understand that. Attorney Lapper-I can understand about setting precedent but what we were thinking was that this could be tailored more to the case of only a PUD for the reason that the developer would be coming back for many more approvals as the project progresses if things are not done as agreed you do not need the money there because there are so many more approvals that you have that would be headed up in the event that they were not forthcoming... Supervisor Borgos-Our constrain is that, that option is not available to us under the adopted subdivision regs. and if we could set a public meeting for two weeks from now, the same time frame will be available that is the constrain here. Mr. Gary Bowen-Developer-Hiland Dr. Qsby.-The conversation here is a little confusing to me, in that you tell me this Board is not empowered to do anything other than govern the rules that are set for you. Some months ago when we had Site Plan Review from the Town Planning Board that gave us the authorization to do what we are doing, this Board appoints that Board and they carry out the laws that were set up for that Board to do. Not to drag this issue out and not that the offer of an LC vs a Certified Check or Cash or Piggy Bank or what ever is certainly a method to guarantee the town because that is what we are talking about if in fact for some reason the developer, Hiland Park decides not to pave that road for any number of reasons the Town would have funds available to make sure that, that road gets its just final pavement, we understand that very clearly. The opportunity here for us to do what we feel is justice to the project as it was depicted to us many, many months ago is that number 1 the Planning Board gave our project to a firm by the name of EDP who we are all familiar with, EDP made a recommendation to the Town Highway Supt. that a wedged wing highway be introduced to our project. Some months prior to that there had been a fizzled approach by the Town Board to pass that road and in fact it was during that period of time that you passed from oil and stone to two layers of hot mix which is now the current Town standard. Our project did not have the opportunity to build that road, we were at meetings with Mr. Naylor and EDP at which time the recommendation was and the Town Highway Supt. according to the rules to the Planning Board must approve what type of roads are put in. We knew the oil and stone because we knew all of the conversations that two different types of road profiles other than oil and stone which we are leaving behind we said that the cost as we had examined John Lapper our attorney made a slip, the road profile the differences are when we bid our project the oil and stone with the 24' road bed and the 50' right of way was about twenty five to twenty seven dollars a lineal foot with average bedding material used. The prices for the hot mix application with two lifts of item four are somewhere in the area of the high forties and the road profile we are using which is more than a road it is an intergrated drainage system in that the wedged wing all of the road water stays in the road profile itself. It isn't so much the cost of the additional blacktop or additional width of the blacktop or addition bedding material it is the fact that there are many catch basins used and many feet of large diameter pipe that connect these catch basins, that the rest of the roads in the Town of Queensbury do not have because you have open swalls that carry the water. You see the pile of large black pipes around, that is how our water gets transmitted, that is where the cost of it is. The road profile that is in place in the Town of Queensbury right now it is about 40% up charge for this road profile so those are the numbers that we are working with. I think it goes back to who empowers what board, we were told to get site plan approval that we had to go with the new wedge wing profile, that was the recommendation of EDP which was authorized by letter by Paul to the Planning Board we had numerous conversations with the Planning Board about it when they approved the project, that is what it was. In the meeting that we had with Paul and his consultant and ourselves and our attorney we said we did not want to go that expensive road profile, why use our project for it, and Paul came up with what we thought were some very good reasons. Plus we in the back of our own minds were in favor of the profile because it gives our home owner that buys in our development 22' the best road possible in that you can now manage your lawn right down to the profile. My brother Jim was in favor of it we decided that we would do it but because of the extra cost burden EDP made the recommendation that in many municipalities in larger projects, we were in the beginning to put both surface on, we objected to that, because of cement trucks going on wedge wing and so on something that they did not have on the other profiles, that we wanted to pave it later, to put the final coat on it later. They indicated that what could be done was to two year or sixty day after the last house was developed is a way out of it. They made ,that recommendation to Paul, Paul thought it was a good recommendation and we said we would live with this whole procedure and Paul asked for one road to be tested. We said we could not give him one road, we are asking for three roads,because then we would have one road looking one way and across the way Hiland Park if anything wants to be a harmonious community complex that is what we are spending lots of money to develop. We did not want to have two different road profiles, we did not want the new wedge wing as a test and two or three other types of profiles `— so we said ..the first three plus the one that was paved yesterday which will be a private road was done the same way with wedge wing so we are making that our standard even though it was much more costly. We feel, Hiland feels, and I distinctly feel that a deal was struck with the Town of Queensbury whether it was this Board or the Town Planning Board Which you appoint and authorize their by-laws and the Town Highway Supt. that Hiland Park be used as a test case with this road profile and cost us many more dollars was outlined initially. We went and built the road and it was told to us at that time that we would not have to put in, there was not escrow amount was talked about, no dollars were put aside. We were a responsible developer of this project we were going to do the second coating, that cost was ours, I think for everyone here it seems like, I heard some crazy words here, it almost seemed like we are trying to get out of paying for something. The Town Highway Dept. does not install the second, the top coating, we as the project sponsor do that. We are not trying to get out of anything at all I think what we are trying to do is, a proposition was made to us for a test for the Town of Queensbury, a year ago we have done our end of the bargin which was providing the basis for the test. We would like the Town now to complete the loop and that is take an authorization from the Board of Hiland Park that they will within 24 months or 60 days after the last home are completed in these first three subdivisions that are approved and those roads will be paved according to the standards set up in our initial drawings. Attorney Lapper-We did draft an agreement that Hiland Park the Developer signed G and your attorney has it, in writing that they are responsible for doing this that they are on the line personally that this will get done as a means of showing their good faith. Paul Dusek-Town Attorney-It is a personnel guarantee essentially that they will do the work. Attorney Lapper-And legally in terms of precedent the fact that this was a test case, it kind of separates this from the run of the mill case,... Supervisor Borgos-I hope you understand where I am coming from, in trying to ... Councilman Montesi-It may have been a test case Paul, but the next development that you approved, we are taking that development tonight, it has a binder coat on it too is totally done with wings and catch basins, the same thing, expensive and all of that, should we look to this developer who wants to come in right after Gary's Bowen Development today and say you have to give the irrevocable letter of credit or certified check, that is the problem that we are faced with, both people are of impeccable integrity....this guy has done everything else and he can claim it is a test case too. Attorney-Lapper-Are you authorized to make a distinction in the case of a PUD? Supervisor Borgos-We do not appear to be authorized, our Attorney advises that PUD does not speak to the roads but rather refers back to the Subdivision Regulations --,_.- which talk about a certified check, this Board by consensus is willing to insert another paragraph indicating that a certified check certainly would be replaced by a letter of credit so that is a major step. A letter of credit still costs something but not a awful lot compared to this other, you may be looking into the hundred of dollars. Most concern with the feeling of the handshake and so forth understanding but I am afraid that I am personally bound by the law so I cannot deviate as much as I like to. I hope you understand that, we certainly find ourselves in a bind here. Q i 2-28 Gary Bowen-You have spent an awful lot of time on this and I appreciate this, basically when the Town decides what it wants to do we are going to be right up the road we would like you to give us our approval tonight we have done everything we set out to do, I will 'leave with Darleen, because I do not know if you want a, letter of credit or a certified check or cash or what you would like so I will leave a letter from the Bank, they will deliver a certified letter of guarantee...here is a bid from O'Connor, O'Connor Construction Company and there is $23,150.00 in gash that I would like to deposit... Supervisor Borgos-I think you have made your point and I am sorry it had to come to this but... i Gary Bowen-Requested the Town Clerk to count the money... Councilman Montesi-If you are in agreement on it the twenty three thousand either in cash or certified check until you bring forth the irrevocable letter of credit and handle it that way. Supervisor Borgos-We have id front of us not a certified check but cash I am sure we can agree to take the cash because a certified check would become cash...We can indicate that we can certainly accept the cash with the new paragraph indicating that two week from now that will be changed to a letter of credit, in the mean time we will get a hold of EDP and see somehow if somewhere along the way they were authorized and we were not aware of... Councilman Potenza-If they have authorization if they have any type of authorization like that in writing where... Supervisor Borgos-We would certainly be willing to, we just want to keep everything going along. Should we leave this to the Town Attorney that it is our intent that two weeks from now assuming that everything else goes as planned and the new regulations permit the letter of credit that we at that time would return to Hiland Park Corp. the full amount that they paid tonight and accept in exchange a letter of credit by further resolution at that time. Questioned the Town Clerk did you receive the correct amount of money... Town Clerk-Yes. RESOLUTION TO ACCEPT THE EASHFJ(TS, PROPERTI, PIPES, CONDUITS, PUNPIN6 STATION AND ALL OTHER FACILITIES A PART OF THE SEWER AND WATER DISTRICT OF HILAND PARK RESOLUTION NO. 371, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town of Queensbury previously created a water and sewer district, which districts are located in the Meadowbrook Road-Haviland Road-Rockwell Road-areas of the Town of Queensbury to service a Planned Unit Development known as Hiland Park, and WHEREAS, the developers of Hiland Park, prior to the creation of said districts by the Town Board of the Town of Queensbury, agreed that all costs in development of the said sewer and water districts would be paid for by the developers, and ownership of all said improvements and necessary property and easements would be conveyed to the Town of Queensbury, and WHEREAS, the developers of Hiland Park now offer to the Town of Queensbury easements, property, and all pipes, conduits, pumping stations, and other facilities a part of the sewer and water districts to the Town of Queensbury, in furtherance of the aforementioned agreement, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury has advised that he has made an inspection of the water mains and appurtenances installed on Meadowbrook and Haviland Roads as follows: Meadowbrook Road from Haviland f Road, approximately 3,300 feet south to Hydrant No. 433; Haviland Road from existing -- - end of pipe approximately 380 feet from Bay Road, east approximately 6,500 feet to Fairway Court, and finds that the installations have been made in accordance with the requirements of the Town of Queensbury Water Department, and that said installations are approved pursuant to Section 2 of said requirements, and WHEREAS, Morse Engineering has submitted an engineering report to the Town of Queensbury indicating that tests were performed on sewage, manholes, force mains, and pump 229 stations installed on the Hiland Park Project and that the same were all found to be within the requirements of the specifications provided for the Town of Queensbury, and WHEREAS, the form of the deed and title to the real property offered for dedication and easements which have been offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury,* (VOW, THEREFORE BE IT RESOLVED, that the pipes, conduits, pumping stations, and all other facilities * a part of the sewer and water districts be accepted by the Town of Queensbury and that the deeds for such easements and property be and the same are hereby accepted and approved, and that the Town Clerk be hereby authorized and directed to use such deeds and easements to be recorded in the Warren County Clerk's Office, after '�— which said deeds shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and L.. BE IT FURTHER RESOLVED, that the Town Board's acceptance of the water district facilities are subject to the contractor's agreement to repair and maintain the installation of water pipes for a period of one year from the date of this acceptance. Duly adopted by the following vote: Ayes: Mrs. Potneza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan Councilman Montesi-There are some tidying up that we have to do and Paul suggested that perhaps added to this resolution that within ten days the Town of Queensbury and Hiland would resolve the issues of the cost of of the sewer, 75t per gallon cost that we have to pay to City of Glens Falls. Supervisor Borgos-There are a number of items that are covered by agreement that was signed July 1, 1987 that should be resolved. Councilman Montesi-We would like a record of it that within ten days we will have those issues resolved.. Supervisor Borgos-Lets agree to meet within ten days...to be noted in the minutes that we will meet with Hiland Park officials within ten days to resolve the outstanding issue which is already covered by another agreement. RESOLUTION TO ACCEPT DEED TO TM OF QUEENSBURY FOR PREMISES FOR TOW HIGHNAT KNOUN AS EAST QUAKER SERVICE ROAD AND QUAKER RIDGE BOULEVARD EARL700 SUBDIVISION RESOLUTION NO. 372, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Earltown Corporation, has offered to dedicate to the Town of Queensbury roads known as East Quaker Service Road and Quaker Ridge Boulevard in the Earltown Subdivision, which are more particularly described in the survey map presented at this meeting and made a part of the record of this meeting, and WHEREAS, said roads offered for dedication are complete except for application of surfacing materials and Earltown Corporation has promised to complete said roads at a date to be set by the Town Highway Superintendent and/or the Town Board of the Town of Queensbury, but in no event, later than two (2) years from the date of this resolution and has also offered a letter of credit in the amount of $39,997.00 payable to the Town of Queensbury, to be held in escrow and to be used to cover the cost of completion of the roads in the event that the same are not completed as agreed by the Earltown Corporation, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected East Quaker Service Road and Quaker Ridge Boulevard, the roads proposed to be dedicated to the Town of Queensbury and that he finds the same, in their current state, to meet the Town of Queensbury specifications, 230 r; with the exception of the final surfacing and he advises that the amount of the letter of credit is sufficient to cover the costs of completion of the roads in the event that same are not completed by the Earltown Corporation, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water line installation and finds that the said installation in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, WHEREAS, the form of the letter of credit, deeds and titles to the roadways have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deeds be and the same are hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deeds to be recorded in the Warren County Clerk's Office after which said deeds shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the letter of credit, in the amount of $39,997.00 is accepted from Earltown Corporation, to be held in escrow pending the completion of the roads by Earltown Corporation and in the event that the Earltown Corporation does not complete the roads as specified by the Town Board or the Town Highway Superintendent, a withdrawal to cover the costs of completion of the same shall be made against the said letter of credit by the Town of Queensbury and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, ` to be described as follows: Road No. 451/452 Description: East Quaker Service Road-lying along the northeasterly margin of Quaker Road southerly of lands of the Niagara Mohawk Power Corporation and Quaker Ridge Boulevard -lying north - easterly of Quaker Road southerly of Niagara Mohawk Power Corporation Names: East Quaker Service Road and Quaker Ridge Boulevard Feet 451-East Quaker Service Road - 1483' 452-Quaker Ridge Boulevard- 241' Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan Councilman Potenza-Questioned the letter of credit... Paul Dusek-Town Attorney-In each one of these cases I reviewed the matter extensively in order to provide the Board with a legal opinion, with regard to this one we have a slightly different case, 1st. we do not have a subdivision, we have a business site, although I suppose a strong argument could be made that the subdivision rules still apply. The second part of it is that these road were actually approved prior to the time that the road specifications were changed, in other words the roads as they are presently right now under the previous road specifications would be acceptable.; Now the question becomes whether or not the applicant has to go any further or could they deed the roads to the Board as dedication, if you stay consistent with what you have done in the past you kind of would be in a position where you would have to accept them as is. The developer quite a time ago indicated that they would exceed the requirements, that they desired to put in a better road, therefore they brought themselves in line with the newer specifications. Now, at this point they are asking the Board to consider a letter of credit as opposed to a certified check because they feel that they are not required to furnish a certified check or letter of credit. Supervisor Borgos-Each situation is different and we are being very careful to ,231 follow the details of the law. Paul Dusek-Town Attorney-I received a letter of credit from the developer, the wording of the letter itself was changed pursuant to my suggestion, just so it would be clear when it would be payable the only concern that I have, I noticed in review of it today that the date is September 12, 1989 in which it expires, one year, as opposed to two years... ,UNKNOWN-That was to be two years... it will be corrected. RESOLUTION TO ACCEPT ROAD DEDICATION OF wHISPERIN6 PINES MAY, SOUTHERLY PORTION OF MHAWK TRAIL, CHIPPEWA CIRCLE, NDRTHERLY EXTENSION OF AL60NQUIN DRIVE i RESOLUTION NO. 373, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Timberland Consultants, Inc., has offered to dedicate to the Town of Queensbury, roads known as Whispering Pines Way, Southerly Portion of Mohawk Trail, Chippewa `— Circle, and the northerly Extension of Algonquin Drive, in the Tyneswood Subdivision, which is more particularly described in the survey map presented at this meeting and made a part of the record of this meeting and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected the said roads proposed to be dedicated to the Town of Queensbury and that he finds the same in their current condition to meet the Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said roads proposed for dedication and finds that the installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roads offered for dedication has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed for dedication of the said roads be and the same is hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highway, to be described as follows: Road Number: 453 Description: proceeding east from Tomahawk Road to Algonquin Drive Name: Whispering Pines Way Feet: 1000 Feet Road Number: 445 Description: southerly portion of Mohawk Trail proceeding from Tomahawk Road to Iroquois Drive Name: Mohawk Trail (Southerly Portion) Feet: 1183 feet Road Number: 454 Description: U-shaped road starting and ending at Tomahawk Road Name: Chippewa Circle Feet: 1477 feet Road Number: 319 Description: proceeding easterly thence southerly from Tomahawk Road Name: Algonquin Drive (Northerly Extension) Feet: 1688 feet Duly adopted by the following vote: _.,.._ Ayes: Mrs. Pontenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ACCEPT ROAD DEDICATION OF A PORTION OF OAK TREE CIRCLE IN HIDDEN HILLS SUBDIVISION FROM WOODBURY 232 RESOLUTION NO. 374, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Michael G. Woodbury and Ralph B. Woodbury, have offered to dedicate to the Town of Queensbury a portion of a road known as Oak Tree Circle and easement for surface water runoff and other drainage purposes along said Oak Tree Circle in the Hidden Hills Subdivision, which is more particularly described in the survey mop presented at this meeting and made a part of the record of this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected the said road proposed to be dedicated to the Town of Queensbury and that he finds the same in its current state to meet the Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said road proposed for dedication and finds that the said installation is in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roadway offered for dedication has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed for the road proposed to be dedicated and drainage easement, be and the same are hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deed and easement to be recorded in the Warren County Clerk's Office after which said deed and easement shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road Number: 439 Description: A C-shaped road proceeding from the westerly end of Maple Drive northerly thence westerly thence southerly and then easterly to the bounds of that portion of Oak Tree Circle previously dedicated Name: Oak Tree Circle Feet: 2,182.66 Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 375, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, purchases need to be made by different departments, and WHEREAS, funds do not exist in the appropriate accounts, NOW, THEREFORE BE IT RESOLVED, to transfer funds as follows: Amount FROM TO 500. A2057310440 Parks/Rec. Contract. A2057310427 Chemicals 4,990. A2351990440 Contingent a/c A2258020473 Master Plan 6,600. A2351990440 Contingent a/c A1351450200 Elections Equip. 500. A2158010471 B1dg.Codes Engineering A2158010405 Bks/Pub. 605. A1753410200 Fire Marshal Equip. A1753410440 Repairs/Maint. 36,000. D3310599 Highway Approp.Fund Bal. D1655110462 Paving Material Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan ,,RESOLUTION TO TRMSF ER FUNS RESOL—_ 11TiON NO 376, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the firm of Carusone and Muller has been retained to assist the Town Attorney and to represent and defend the Town of Queensbury in connection with certain 1988 �-- Article 7 Petitions and curtain Article 7 litigations pending from 1987, and WHEREAS, sufficient funds are not available in the account to compensate Carusone b Muller for their services, NOW, THEREFORE BE IT RESOLVED, to transfer $5,000 from A0951355413 to A0951355474 cover the cost of said services. Duly adopted by the following vote: Ayes:.Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ACCEPT RESIGNATION RESO___LUTIO_N__NO. 377, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Mr. Marvin Lemery has served on the Recreation Commission with dedication and integrity, and i WHEREAS, Mr. Lemery has submitted a letter resigning from the Recreation Commission, NOW THEREFORE BE IT RESOLVED, to accept with sincere regret, the resignation of Mr. Lemery from the Recreation Commission. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan Councilman Montesi-Noted the service that Mr. Lemery has given to the Town, his presence will be missed on the Board... RESOLUTION OF APPRECIATION RESOLUTION N0. 378, Introduced by the Entire Town Board WHEREAS, the Queensbury Town Board has accepted with regret, the resignation of Marvin Lemery from the Town Recreation Commission, dated August 4th, nineteen hundred and eighty eight, and WHEREAS, Marvin Lemery, a resident of the Town of Queensbury for eighteen years, iy �— has served the community with distinction, and WHEREAS, Marvin Lemery has been a dedicated member of the Queensbury Recreation Commission since April, nineteen hundred and eighty four, NOW, THEREFORE BE IT 234 Dul adopted by the following vote: Ayes: s. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kur aka, Mrs. Monahan RESOLUTION TO TRANS FUNDS RESOLUTION NO 376, Int duced by Mr. Ronald Montesi who moved.for its adoption, seconded by Mrs. Marilyn otenza: WHEREAS, the firm of Caruson and Muller has been retained to assist the Town torney and to represent and defend th Town of Queensbury in connection with certai 1988 Article 7 Petitions and certain rticle 7 litigations pending from 1987, a WHEREAS, sufficient funds are not vailable in the account to compensat Carusone & Muller for their services, NOW, EREFORE BE IT RESOLVED, to transfer $5,000 from A09 355413 to A0951355474 cover a cost of said services. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 377, Introduced by Mr. Ronald Mont i who ved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Mr. Marvin Lemery has served on the creation Commis on with dedication and integrity, and WHEREAS, Mr. Lemery has submitted a letter resigning from the Recre ion Commission, NOW THEREFORE BE IT RESOLVED, to accept with sincere regre , the resignation of Mr. Lemery f m the Recreation Commission. Duly adopted by the following vote- Ayes: Mrs. Potenza, Mr. Montesi Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. nahan Councilman Montesi-Noted he service that Mr. Lemery has given to the Town, his presence will be missed n the Board... RESOLUTION OF APPREC ION RESOLUTION NO. 378, ntroduced by the Entire Town Board WHEREAS, the Quee bury Town Board has accepted with regret, the resignation of Marvin Lemery fr the Town Recreation Commission, dated August 4th, nineteen hundred and eighty eigh , and WHEREAS, Marvi Lemery, a resident of the Town of Queensbury for eighteen years, �---�� has served t community with distinction, and WHEREAS, Ma vin Lemery has been a dedicated member of the Queensbury Recreation Commission since April, nineteen hundred and eighty four, NOW, THE FORE BE IT 2.3 5 RESOLVED, that the Town Board,on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Marvin Lemery for the time and talent he has generously contributed toward making Queensbury a "better place to live" Duly adopted by the following voter Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mr. Monahan RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 379, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Gustave Behr has served on the Zoning Board of Appeals with dedication �. and integrity, and WHEREAS, Mr. Behr has submitted a letter resigning from the Zoning Board of Appeals, NOW, THEREFORE BE IT RESOLVED, to accept, with sincere regret, the resignation of Mr. Behr from the Zoning Board of Appeals, effective September 1, 1988. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan Supervisor Borgos-It is my understanding that Mr. Behr has done in outstanding job, we will miss him. RESOLUTION OF APPRECIATION RESOLUTION NO. 380, Introduced by the Entire Town Board WHEREAS, The Queensbury Town Board has accepted, with regret, the resignation of Gustave Behr from Queensbury Zoning Board of Appeals, effective September 1st, nineteen hundred and eighty eight, and WHEREAS, Gustave Behr, a resident of the Town of Queensbury for seven years, has served the community with distinction, and WHEREAS, Gustave Behr has been a dedicated member of the Queensbury Zoning Board of Appeals since May of nineteen hundred and eighty four, NOW, THEREFORE BE IT RESOLVED, that the Town Board, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Gustave Behr for the time and talent he has generously contributed toward making Queensbury a "better place to live." Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING AGREENENT_BETVEEN COUNTY OF MARREN AND TOW OF QUEENSBURY FOR ENGINEERING DESIGN SERYICES RELATING TO THE LANDFILL CLOSURE PLAN IN THE TOMN AND AUTHORIZING REIMBURSWNT TO THE COUNTY FOR SUCH SERVICES RESOLUTION NO. 381, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: 23.6 WHEREAS, the twelve existing landfills, in Warren County operated by the Towns of Bolton, Chester, Hague, Horicon, Johnsburg, Land George, lake Luzerne, Queensbury, Stony Creek, Thurman and Warrensburg are under pressure from the New York State Department of Environmental Conservation (NYSDEC) to close, and WHEREAS, it is deemed to be in the best interest of the County to coordinate the closure plans and to engage a qualified engineering firm to design an appropriate closure plan for the municipal landfills, and WHEREAS, the County, acting through its Department of Public Works, has solicited requests for proposals from qualified engineering firms to design such closure plan, and WHEREAS, various engineering firms have submitted proposals to the County for closure of the twelve existing landfills in the various Towns in Warren County, and WHEREAS, the Warren County Board of Supervisors adopted Resolution NO. 132 on March 189 1988, authorizing the County to enter into an agreement with Clough, Harbour & Associates to provide engineering design services for the landfill closure plan and authorizing an agreement with each town operating a landfill to be closed under the Clough, Harbour & Associates design for landfill closure, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be, and he hereby is, authorized and directed to enter into an agreement on behalf of the Town with the County of Warren to reimburse the County for its proportionate share of the cost of such engineering design services for landfill closure in the Town set forth on Schedule "A" Annexed here to, and in the form approved by the Town Attorney. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan (Schedule A on file) DISCUSSION HELD BEFORE VOTE: Supervisor Borgos-This was passed at the County level in March all towns were given an opportunity to adopt this, it is my understanding that this could lock in the consultant more than it locks in the Town. Clough Harbour will agree to preform these functions for this town at a fee not to exceed these specific numbers for specific tasks. We may at any time drop out of this, we may agree to do only one task or another and not the others the County would pay the bill initially and - then would reimbursed from the joint Qsby.6.F. Landfill. Councilman Montesi-Is Clough Harbour going to do the closure on the old Luzerne Road landfill? Supervisor Borgos-It is my understanding that we now own both landfills in that case it should be properly be indicated as Queensbury, to the best of my knowledge Queensbury ended up with both of them, in any regard both of them are mandated to be closed. Councilman Montesi-Without a trash plant on line do I obligate my town and the city to a closure plan that says I am going to close the landfill, by doing a closure am I saying I advocate a trash burning plant? Supervisor Borgos-This is no way a consent order that the State has asked us to _. sign what this says in preparation for the mandated closure which will come at some point this is the engineering work that will be needed to be done. No Town in Warren County has signed the consent order. Councilman Montesi-What if we do not close our landfill for five years, is the price still the same? Supervisor Borgos-Yes. Councilman Montesi-As a County Supv. and on the Solid Waste Committee what is your u3`l recommendation? Supervisor Borgos-My recommendation is to go for it, I do not think we could beat the prices. RESOLUTION - PAYMENT TO ELECTRICAL CONTRACTOR RESOLUTION1 NO. 382, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Russell Brown Electrical Contractor, Inc., pursuant to contract, has been performing electrical construction in the Activities Center and Town Office Building for the Town of Queensbury, and WHEREAS, in addition to the work to be performed pursuant to contract, Russell Brown Electrical Contractor, Inc., was requested to perform certain extra work, more specifically outlined in the letter from Rist-Frost dated August 9, 1988, with attachments, presented at this meeting, and more specifically outlined in �.� the letter from Rist-Frost dated August 19, 1988, and WHEREAS, Rist-Frost Associates, P.C., the engineer presently reviewing the project for the Town of Queesnbury, has indicated that the cost of the extra work is reasonable and has recommended that a change order be approved and issued, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves a change order as referred to herein, in the total amount of $16,553.61 less a credit of $4,000.00 which was shown as an allowance under the contract entered into between the Town of Queensbury and Russell Brown Electrical Contractors, Inc., thereby making a payment due of $12,553.61 for the extras, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to sign and issue the change order referred to herein and upon the receipt of properly completed vouchers, sign and forward the same for processing and payment by the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO SUPPORT REVALUATION OF REAL PROPERTY ASSESSMENTS RESOLUTION NO. 383, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town of Queensbury made a revaluation of real property assessment in 1987, and WHEREAS, the Town Board of the Town of Queensbury wishes to undertake to update its prior revaluation, and WHEREAS, the Town Board of the Town of Queensbury wishes to take advantage of New York State's Division of Equalization and Assessments consultation services, NOW, THEREFORE BE IT RESOLVED, that the Town Board supports the work and efforts of Mr. Harold LaRose, Town Assessor, to undertake, to update and revaluation so that the same is completed and in effect by May 1, 1990 and that the Town Board will implement an equitable roll resulting from such updated revaluation effort on or before May 1, 1990, and BE IT FURTHER RESOLVED, that personnel will be hired by the Town as needed (on temporary basis) in order to complete the project as scheduled, and 238 BE IT FURTHER RESOLVED, that the costs incurred for the updating of the revaluation shall be paid for form the Assessor's Revaluation Budget Account. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mrs. Monahan RESOLUTION TO APPROVE REPAIR TO TOMN OFFICE BUILDING ROOF RESOLUTION NO. 384, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, during the construction of an addition to the Town Office Building.for the Town of Queensbury, it was learned that the roof on the existing building was in a deteriorated condition and in need of repair and/or replacement, and WHEREAS, the deteriorated roof was discovered .while workers for Adirondack Construction Corporation were constructing the roof for the addition to the existing Office Building, and preparing to connect the same thereto, and WHEREAS, in the opinion of the Town Board, it was necessary to repair the roof of the existing Office Building, at the time the new roof for the addition was being completed in order to avoid delay in construction and further unnecessary expenses that would be incurred if reconstruction was necessary at a later date to repair said roof, and WHEREAS, it was the opinion of the Town Board that the deteriorated roof was an unforseen circumstance affecting a public building requiring immediate action and therefore an emergency situation in which there was not time to let the repair of the roof out for competitive bid, and WHEREAS, Adirondack Construction Corporation, the contractor who was awarded the „�..--.. contract for the construction of the Town Office Addition offered to repair and/or replace the said deteriorated roof for the sum of $22,907.00 and WHEREAS, the Town Board of the Town of Queensbury previously took action to approve said offer to repair or replace the said deteriorated roof on the Town Office Building, but no formal resolution was adopted of record, and WHEREAS, the General Municipal Law provides that during emergency situations, a Town may enter into agreements without competitive bidding, and it is proper and necessary to make the said action of the Town Board of record at this time, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, at this time, hereby ratifies and formalizes its previous action in determining that an emergency situation existed which affected the Town Office Building and that immediate action was necessary to repair the roof of the said existing Office Building, to avoid delay in construction and further additional expenses at a later date, and BE IT FURTHER `- RESOLVED, that the amount of $22,907.00 be paid to Adirondack Construction Corporation for work performed on the existing Office Building and the Town Supervisor is hereby authorized to execute all vouchers and make all payment necessary to Adirondack Construction Corporation. - ---. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan 239 RESOLUTION - TOP OF THE WORLD SEWAGE - WORKS CORPORATION-SEWER RATES RESOLUTION NO. 385, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, within the Top of the World Planned Unit Development a Sewage-Works Corporation has been formed in accordance with the Transportation Corporations Law of the State 'of New York for the purposes of providing wastewater treatment facilities for the residents within the Top of the World Planned Unit Development, and, WHEREAS, Section 121 of the Transportation Corporations Law requires that the Town of Queensbury and the Sewage-Works Corporation agree as to the reasonable and adequate rates for the collection, treatment and disposal of sewage within the Planned Unit Development known as Top of the World, and WHEREAS, Top of the World has requested a sewer rents fee of $80 a quarter (based on water usage of 9,000 gallons per quarter plus $2.00 per 1,000 gallons over 9,000 gallons per quarter - sewage discharge to be based on water meter rates) as and for the fair and reasonable cost for the collection, treatment and disposal of sewage within the Top of the World Planned Unit Development, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby sets a public hearing on the proposed rate request for sewage rates within the Top of the World Planned Unit Development which public hearing shall be held on September 28, 1988 at 7:30 P.M. at the Town office Building, Town of Queensbury, Bay at Haviland Road, Warren County, New York at which time all persons residing within the Top of the World Planned Unit Development or the agents therefore may be heard on the subject matter of the rates requested, and BE IT FURTHER RESOLVED, that the Town Clerk shall post a copy of this notice and publish the same in accordance with Town Law. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING CERTIFICATE OF SUBSTANTIAL COMPLETION RESOLUTION NO. 386, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos: WHEREAS, Russell Brown Electrical Contractors, Inc., pursuant to contract, has been performing electrical construction in the Activities Center and Town Office Building for the Town of Queensbury, and WHEREAS, Russell Brown Electrical Contractors, Inc., has requested that the Town and the engineer presently reviewing the project, Rist-Frost Associates, P.C. issue a certificate of substantial completion in connection with said electrical construction of the Activities Center and Town Office Building for the Town of Queensbury, and WHEREAS, Rist-Frost Associates, P.C. has advised that the electrical construction of the Queensbury Center has reached a point where such certificate of substantial completion may be executed by the Town, subject to completion of items of work outlined in a letter dated August 19, 1988 by Rist-Frost Associates, P.C. to Russell Brown Electrical Contractors, Inc., NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the issuance of a certificate of substantial completion to Russell Brown Electrical Contractors, Inc., subject to completion of items of work outlined in a letter dated August 19, 1988 by Rist-Frost Associates, P.C. to Russell Brown Electrical Contractors, Inc., such substantial completion certificate to indicate that the date of substantial i 240 completion was August 19, 1988, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury be authorized to execute a certificate of substantial completion in the form presented at this meeting and such certificate shall be issued subject to the condition set forth herein. ,Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan ,, RESOLUTION ON QUEENSBURY MATER DISTRICT - BAY ROAD EXTENSION NO. 1 CEDAR COURT SUBDIVISION RESOLUTION NO. 387, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, a map, plan and report have been prepared regarding an extension of the existing Queensbury Coiisolidated Water District to service an area along the westerly side of Bay Road, approximately 650 to 1,300 feet north of Blind Rock Road which consists on a lot of 20,000 square feet upon which a home is situated and an undeveloped tract of 16.9 acres where a high density residential development is planned known as Cedar Court, and WHEREAS, such map, plan and report have been filed in the Town Clerk's Office in the Town, and WHEREAS, the map, plan and report were prepared by Charles H. Scudder, Consulting Engineer, Box 792, Glens Falls, New York 12801, a competent 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, distributing pipes and hydrants, together with the location and a general description of all public works existing or required, and WHEREAS, the boundaries of the proposed extensions of the Queensbury Consolidated Water District are as follows: All that 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 of lands 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 al., 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 nor or formerly of Ellen J. 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 241 the place of beginning, and containing approximately 18 acres, more or less, and WHEREAS, all proposed new water mains and appurtenances shall be installed by the subdivision developer and turned over to the Town of Queensbury, and WHEREAS, all proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury 'specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervisions, and WHEREAS, the maximum amount proposed to be expended for the said improvement is ZERO ($0.00) DOLLARS, and WHEREAS, the map, plan and the report describing the improvements are on file in the Town Clerk's Office, for public inspection, NOW, IT IS HEREBY ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Town Office Building in the Town situate at Bay and Haviland Roads, on the 28th day of September 1988 at 7:30 P.M. to consider the map, plan and report and to hear all persons interested in the proposal, and to take action as is required and authorized by law and it is further, ORDERED, that the Town Clerk be directed to cause a copy of this Order to be duly published and posted as required by Town law Section 209-d. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka (Councilman Monahan, entered the meeting before the vote on Res. 387) RESOLUTION TO APPOINT ASSISTANT BUILDING INSPECTOR MD CODE ENFORCEMENT OFFICER RESOLUTION NO. 388, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Director of Building and Code Enforcement advertised in the Post-Star the availability of a position with the Building Department for the Town of Queensbury, as Assistant Building Inspector and Code Enforcement Officer, and WHEREAS, the Director of Building and Code Enforcement has advised that he reviewed applications, resume's and conducted interviews, and recommends that Mr. Richard Gijanto be appointed as .Assistant Building Inspector and Code Enforcement Officer, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, pursuant to §138 of the Town Law of the State of New York, hereby appoints Mr. Richard Gijanto as Assistant Building Inspector and Code Enforcement Officer, with his annual salary to be set at $18,000.00 per annum, effective immediately, and hereby approves and ratifies his commencement of work on July 12, 1988 as Assistant Building Inspector and Code Enforcement Officer at a starting salary of $18,000.00 per annum. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION HIRING TDIPORARY HELP FOR T= ATTORNEY RESOLUTION NO. 389, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Attorney for the Town of Queensbury has asked the Town Board 242 to authorize the hiring of a temporary secretary to be hired from an outside agency while his secretary is off from September 15, 1988 to September 23, 1988, NOW, THEREFORE BE IT RESOLVED, the the Town Supervisor for the Town of Queensbury is hereby authorized to employ and make arrangements for the payment of a secretary from a service organization that provides temporary secretarial helc:- for the dates of September 15, 1988, through September 23, 1988, inclusive, and the expenses incurred shall be paid for from the budget for the Town Attorney. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None . " Absent: Mr. Kurosaka RESOLUTION REGARDING HARNUORD ROAD RESOLUTION NO. 390, Introduced by the Entire Town Board WHEREAS, the Adirondack Park Agency is presently considering an amended application filed by Robert L. and Judy Schulz, in connection with a road to their subdivision which is located off of Hanneford Road in the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury hereby wishes to express its Position in connection with the Adirondack Park Agency review of the application before it, NOW, THEREFORE, BE IT RESOLVED, that the Town Board for the Town of Queensbury hereby expresses a desire that the Adirondack Park Agency consider 'the fact that Hanneford Road is a very narrow road, one that the Town Board feel., is not capable of handling much more traffic than is presently on the road, and BE IT FURTHER RESOLVED, that the Town Board respectfully requests that the Adirondack Park Agency y examine the particular application in detail including the previous application upon which the present amended application is based, to be sure that all environmental concerns, road and traffic concerns, and citiens' concerns have been adequately addressed prior to the time that the Adirondack Park Agency makes its decision and, BE IT FURTHER RESOLVED, that the Town Attorney is hereby requested and authorized to attend the meeting at which the Adirondack Park Agency will consider the matters referred to in this resolution to represent the Town Board thereat. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. xorgos Noes: None Absent: Mr. Kurosaka COMMUNICATIONS -Petition-to Warren Co. DPW- Aviation Road/West Mt Road on file... -Petition from residents of Gurney Lane-requesting lower speed limit... Councilman Montesi-Asked if it was possible to obtain land from residents on Gurney Lane to widen the road? Paul Naylor-Highway Supt.-Noted he approached the residents regarding this and was turned down... RESOLUTION REQUESTING LOMER SPEED LIMIT Y , .243 RESOLUTION N0. 39I, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board has received a petition from residents of Gurney Lane requesting a lower speed limit on Gurney Lane, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the Town Clerk to prepare the proper forms and turn such over to the Warren Co. DPW for proper processing. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Councilman Monahan-Asked that a letter be sent to our Assemblyman could help in this situation... to see if he -Petition-Residents requesting sidewalks on Western Avenue, Dixon Road and Jerome Avenue/Fire Road RESOLUTION CALLING FOR INVESTIGATION OF SPECIAL DIST. RESOLUTION NO. 392, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Supervisor be authorized to look into the possible formation of a special district for the establishment and maintenance of Sidewalks in the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ADJOURN INTO THE QUEENSBURY BOARD OF HEALTH RESOLUTION 393, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board hereby adjourns as the Town Board and reconvene as the Queensbury Board of Health. i Duly adopted by the following vote: r Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka QUEENSBURY BOARD OF HEALTH Supervisor Borgos-The Reservoir Park Sewer Dist. which comprises approximately j 34 houses, has been experiencing septic system failure. The Sewer Dist. itself has failed since early spring. When this was first noticed in the spring time every intent was made to try and get it fixed but in order to try and fix it, we f--- did send notices to everyone we asked them not to use so much water and so forth. In order to try and fix it we had to get some estimates of what work should be done, before we did that we had to go to the engineer to find out what work should be done when all that was finally gotten together it was determined that we needed a letter from the State to authorize to go ahead and get the work done the letter finally came just a few days ago, now on further request we got a letter from the State Dept. of Health indicating that it is a bad situation. I was over there 244 last week personally and inspected it there was raw sewage floating on the ground, there are puddles of it in peoples back yards. It is a total mess it was obviously not maintained for twenty-five years or so. The pump facilities at the pump building are obviously not what were designed to be there years ago. What Mr. Montesi has proposed is that we take some immediate action to declare this an emergency and get the work done, we did receive two estimates a month or so ago of how much it would take to get this fixed and before the weather gets bad and before we cannot get in there again we would like to get it done. 'COUNCILMAN MONTESI-I would like to propose a resolution to declare Reservoir Park Sewer Dist. in an emergency situation that would trigger the acceptance of the lowest bid that we received to get the work done. It is really necessary for the. Board of Health after my inspection and Stephen inspection to declare this an emergency situation. SUPERVISOR BORGOS-This is something that I thought had been taken care of a few months ago and this is just an oversight. What is going to be done here is that the old, by recommendation of the engineer, that the old septic system be dug up, j the old soil taken out with several feet around the seepage pits, replaced with •./ new stone, new dry wells put in and new covers and we will see how one half of this will now function. My hope is that in not the too distant future we have an extension of our sewer line that would pick up John Burke Apts. the Sheraton Motor Inn come back through that way and take this whole thing right into the City, that would be another extension but would follow the same line and get rid of this whole district, but that is a long ways away. i COUNCILMAN MONTESI-One of our concerns too is that the lowest bid we got would be somewhere in the twenty thousand dollar range, you have to be aware that thirty four homes will be paying for the twenty thousand dollar cost over a period of years like a sewer district with a twenty year bond, however it will be funded but it is critical that there are only thirty four people in the sewer district they bear the burden of our decision, but it has to be done. SUPERVISOR BORGOS-I would also indicate that I would like fencing included around this, it does not have to be an expensive fence but a four foot high fence. ' COUNCILMAN MONAHAN-Question if the when the changes are made and then the district is joined as an extension of the proposed sewer district does the money that is _ owed then do in as part of the extension of the sewer district and get absorbed by that? SUPERVISOR BORGOS-There are a couple of different questions, first if it is twenty thousand dollars it can probably be paid off in five years? If the whole thing was paid off immediately it would be about 900.00 per over five years it would be 150-200 dollars with interest per year which isn't too much added onto the little that they are paying now, that would not be too bad. If the case were to come + up that there were still come obligations and some benefits of the districts when you consolidate the districts that would be handled in a equitable fashion according to formula. I think probably we would have it paid off before the district would actually take place. SUPERVISOR BORGOS-We have to declare this an emergency to recommend to the Town i Board to take action. l RESOLUTION DECLARING EMERGENCY r RESOLUTION NO. 13, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: Res. forthcoming from Town Attorney to be found on pag4 `.� Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:Mr. Kurosaka RESOLUTION TO ADJOURN RESOLUTION NO. 14, Introduced by Mr. Ronald Montesi who moved for its adoption, 245 seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of Health Meeting is now adjourned. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka TOWN BOARD MEETING BARBARA BENNETT-Mrs. Potenza you agreed with me that on Dixon Road from Reservoir ^' Park down to the City Line most of the families are older people who children are grown, that is also true of the side roads that are off Dixon Road so in essence you are going to ask people who do not have children to pay to put sidewalks in so it will be safe for people in Reservoir Park, Hidden Hills and Dixon Heights who do have children and are generally in higher incomes than those on Dixon Road. COUNCILMAN POTENZA-I have a petition here from Coolidge, and Grant and Ames Place and Northup, Jerome, Dixon Road, Parkview, requesting that we look into putting in sidewalks and I do not know if they all have children, I would say the people that I have talked to on the phone have requested this because of the children walking from their homes to the school, that was their primary concern. I am just acting on what the 150 to 200 other constituents asked me to do which was to follow through and see if this is feasible, there is no guarantee that it will happen but the ground work will be done and the study will be taken. BARBARA BENNETT-I would like to have some thought to having the people in the developRents participate in paying for the sidewalks on Dixon Road, perhaps on a ratio to those who have children and those that don't if there is a figure ratio in those developmdnts let them pay two thirds and we pay one third. SUPERVISOR BORGOS-That is a good point... COUNCILMAN MONTESI-I would like to introduce a resolution to authorize Thomas K. Flaherty, Waste Water Supt. to proceed with the repair of the Reservoir Park Sewer { Dist. 3 RESOLUTION AnMIZING REPAIR OF RESERVOIR PARK SEWER DIST. RESOLUTION 394. Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RES. forthcoming from Town Attorney to be found on page Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos d Noes: None b Absent: Mr. Kurosaka DISCUSSION ON RES.394. i SUPERVISOR BORGOS-That should also include the construction of a four foot high fence, with appropriate gates. PAUL DUSEK-TOWN ATTORNEY-Perhaps the fence you will want to put an upset price on... SUPERVISOR BORGOS-Suggested that the fence be done in another resolution at a later date. We have a resolution to direct the Supt.of Waste Water to get this work done at the lowest estimate that he has received. (Vote Taken) i COUNCILMAN MONTESI-We would also want to direct him to look into the price of fencing that area. RESOLUTION TO APPROVE AUDIT OF BILLS 246 r RESOLUTION NO. 395, Introduced by Mr. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that Audit of Bills as appears on the September Abstract numbered 2013 - 2369 and totaling $941,277.05 be and hereby is approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Councilman Monahan-Spoke to the Town Board about the 75 Anniversary of the Mohican Grange...Attended by Paul Naylor Highway Supt., Darleen Dougher Town Clerk and myself...noted that the Town proclamation was presented... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 396, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board hereby moves into Executive session to discuss personnel and litigation. i Duly adopted by the following vote: j Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent: Mr. Kurosaka TOWN BOARD BACK INTO SESSION d RESOLUTION RESOLVING ASSESSMENT MATTER OF STUART A. ROSENNERG AND BONNIE ROSENBERG �w RESOLUTION NO. 398, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Stuart A. Rosenberg and Bonnie Rosenberg commenced an action for a review of the tax assessment on tax map parcel 7-1-6, located in the Town of Queensbury, r County of Warren, State of New York, for the year 1987 and, WHEREAS, Stuart A. Rosenberg and Bonnie Rosenberg also filed 'a Small Claims Petition, 1 in connection with the assessment on the aforesaid parcel bearing tax map number 7-1-6 in accordance with the Real Property Tax Law of the State of New York, for } the year 1988, and WHEREAS, the said claimants are willing to compromise and settle the claim that has been settled for a tax assessment of $325,000.00 for the year 1987 which amount would also remain the tax assessment for the year 1988, and i WHEREAS, the Town Attorney has advised that the claim should be settled under the circumstances, NOW, THEREFORE BE IT RESOLVED, that the proposition of settlement whereby the tax assessment on parcel 7-1-6 owned by Stuart A. Rosenberg and Bonnie Rosenberg will be established at $325,000.00 for the years 1987-1988, be and it is hereby accepted, subject to the approval of a Justice of the Supreme Court of the State of New York and BE IT FURTHER RESOLVED, that the Town Attorney for the Town of Queensbury is authorized to enter into a stipulation of settlement whereby said tax assessments for the years 1987 and 1988 would be settled for the sum of $325,000.00 and the Town Attorney is also authorized to obtain any court orders and file such documents as are necessary 4 247 to settle this action, and BE IT FURTHER, RESOLVED, that the appropriate town agencies are authorized to make such refunds as are mandated under law in such cases where assessed values on real property are changed as a result of court order and/or settlement by the Town Board of the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i ----- Absent: Mr. Kurosaka RESOLUTION NAMING CROSSING GUARD RESOLUTION NO. 399, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, due to the resignation of Mary Baertschi as a Queensbury Crossing Guard and WHEREAS, the Crossing Guard position was advertised for in the local newspaper, and WHEREAS, two applications were filed for such position, NOW THEREFORE BE IT RESOLVED, that Debbie Collin of 10 Carlton Drive be and is here named as a Town of Queensbury School Crossing Guard. Duly adopted by the following vote: i Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos ^— Noes: None Absent: Mr. Kurosaka On motion the meeting was adjourned. { RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk Town of Queensbury r"