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1989-01-03 r6W-N BOARD MEETING ;> ORGANIZATIONAL JANUARY 3, 1989 4:12 P.M. MEMBERS PRESENT: Supervisor Stephen Borgos Councilman ,Marilyn P^tr.77n Councilman Ronald Councilman 130 t y Alcmnhon Paul Dusek--Town Fitt rr,��j� MEMBERS ABSENT: Councilman George K wosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 1, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty 111ionahoo: RESOLVED, that the Town Board hereby moves into Executive Session to discuss, Tax Assessment a. Cases, employment history, Kestner Engineers, and litigation regarding Robert Schultz and Equalization and Assessment rate litigation. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahon, Mr. Borgos Noes: None Absent: Mr. Kurosaka (Nip action taken) .... RESO'L UTION TO RECONVENE MEETING RESOLUTION NO. 2, Introduced by Mr. Ronald Montes; who moved for its adoption, seconded of y Mrs. Marilyn Potenza: PESOL VED, that the Town Board hereby moves back into session. Duly adopted by the following vote. Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan. Mr. Borgos Noes: None ; Absent: Mr. Kurosaka a RESOLUTION TO SET TOWN BOARD MEETING ! kj RESOLUTION NO.3, Introduced by Mrs. Marilyn Potenza who moved for its adoption,scconded by Mr. Ronald iM'ontesi. RESOLVED, that pursuant to Section 62 of the Town Low of the State of New York, regular meetings of the Town Board of the Town of Queensbury shall be held on the second and fourth Tuesdays of each month hereafter at 4:00 P.M. on the second Tuesday and 7:30 P.M. on the fourth Tuesday at the Queensbury Town Office Building, Bay and Haviland Roads, Tovin of Queensbury, untes.s such days and times are changed with prior public notice. M 2 RESOLUTION NO. 4, introduced by Mrs. Betty Monahan who moved for its odoption,seconded by Mr. R onald Montesi. RESOLVED, that pursuant to the authority granted by Section 63 of the Town Law of the State of New York, the Town Board hereby determines that Robert err s t Rules o O we to shall Town Laws its of procedure during the year 1959 except when the or with other resolutions of this Board. Duly adopted by the following vote: Ayes: Mrs. t'otenzo, Mr. Montesi, Mrs. ,tilorr:✓Iran, Mr. Borgos Noes: None Absent: Mr. Kurosako RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO. 5,_Introduced by Alr. iZorrald Montesi, who moved for its adoption, seconded by Mrs. Mariiyn Potenza. I�ESOI_ VEi), that pursuant to Section 6/t, Su1)divisiorr 17 of the Town Law of the State of New York, the Past Star is hereby designated cts the official newspaper of the Town of Queensbury. Duty adopted by the following vote: A YES: Airs. Poten7ra, "" niontesi, Mrs. Monah(In, Mr, Borgos Noes: None. Absent: Mr. Kurosakr Ra4�SOLUTION I)C_--SIG,1'A 1j)N OF OFFICIAk RANKS RESOLUTION NO. 6,Introduced by Mrs. Betty Morrohan, who moved for its adoption, seconded by Mr. Ronald Montesi. RFSOI_ VLD, that pursuant to Sc c[icrr G't, `:r!r1)division I c f th'e Town Low of the State of New - York, the fort.<wir79 be and they hereby ot,e dc,sigrra ed depositories for the funds of the Town r,f i uccn bury [or lh,: fiscal year 7989, c1c.rns !-uils National Bank Trust C:o. it irst Nulional Bank of Glen's i olis rL'orstctr Batik of tipstate New Yrnk C:lrcxse Lincoln First B::rnk, NA K�>y .13onk, NA, and be it furthcr RESOLVED, that authority be and hereby is delegated to the Town Supervisor to determine the c.cccunts. and the amounts to be deposited in each Bank. Duly adopted by the following vote: Ave:s: "rs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos •^d`ocs: Nool Absent: Mr. Kurosoko RESOLUTION REGARDING FINANCIAL REPORT OF THE TOW14 SUPERVISOR RESOLUTION NO. 7, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by ,AIrs. Morilyn Poten7a. 3 Noes: None Absent: Mr. Kurosaka RESOLUTION TO APPOINT JUSTICE CLERK RESOLUTION NO. 8, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that pursuant to Section 20, Subdivision I(A) of the Town Law of the State of New York and pursuant to Section 109 of the Uniform Justice Court Act of the State of New York, Phyllis Joslyn of New York is hereby appointed Town Justice Court Clerk, to serve at the pleasure of the Board, and be it further RESOL VED, that the Administrative Board of the Judicial Conference of the State of New York be notified of the appointment. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos. Noes: None. Absent: Mr. Kurosaka RESOLUTION TO APPOINT LANDFILL SUPERINTENDENT RESOLUTION NO. 9, Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded by Mrs. Betty Monahan. RESOL VED, that the Town Board of the Town of Queensbury hereby reappoints James Coughlin as Landfill Superintendent. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO APPOINT PARTS SHOP FOREMAN RESOLUTION NO. 10, Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded by Mr. Ronald Montesi. RESOL VED, that the Town Board of the Town of Queensbury hereby reappoints Mr. Everett Voorhis as Parts Shop Foreman for the year 1989. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None., Absent: Mr. Kurosaka RESOLUTION TO APPOINT BUDGET OFFICER RESOLUTION NO. II, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that pursuant to Section 103, Subdivision 2 of the Town Law of the State of New York, Supervisor Stephen Borgos be and hereby is Budget Officer of 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 APPOINT REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER. RESOLUTION NO. 12, introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan. RESOL VED, that pursuant to Section 4121, Subdivision 3 (a) of the Public Health Law of the State of New York, Darleen Dougher be and she hereby is appointed Registrar of Vital Statistics and Records Access Officer, to serve at the pleasure of the Board. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None. Absent: Mr. Kurosaka RESOLUTION TO APPOINT TOWN HISTORIAN RESOLUTION NO. 13, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Dr. Charles R. Eisenhart to the position of Town Historian for the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None- Absent: Mr. K urosok a, RESOLUTION NAMING SUPERINTENDENT OF BUILDINGS AND GROUNDS RESOLUTION NO. 14, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mr. Ronald Montesi. RESOL VED, that the Town Board of the Town of Queensbury hereby reappoints A. Peter Brault to the position of Superintendent of Buildings and Grounds for 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 APPOINT DIRECTOR OF PURCHASING FOR THE TOWN OF QUEENSBURY RESOLUTION NO. 15, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOL VED, that Darleen Dougher be and she hereby is Director of Purchasing for 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 APPOINT DIRECTOR OF PARKS AND RECREATION RESOLUTION NO. 16, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded 5 by Mrs. Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury hereby reappoints Mr. Harold Hansen of Queensbury as Director of Parks and Recreation. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka -- RESOLUTION TO REAPPOINT DIRECTORS OF THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORA TION. RESOLUTION NO. 17, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mr. Stephen Borgos. WHEREAS, the Queensbury Town Board has caused to be created the Queensbury Economic Development Corporation, and WHEREAS, the Town Board has the authority to appoint Directors of the not-for-profit corporation, and WHEREAS, the By-Laws of Queensbury, the Queensbury Town Board has caused to be created created the Queensbury Economic Development Corporation, and WHEREAS, the Town Board has the authority to appoint Directors of the not-for-profit corporation, and WHEREAS, the By-Laws of the Queensbury Economic Development Corporation state that appointments of Directors are for a one year term, and WHEREAS, the period of the term is from January 1 to December 31, NOW, THEREFORE BE IT RESOLVED, that the following persons are hereby appointed to serve on the Queensbury Economic -- Development Corporation for the calendar year 1989: Mr. Dean Beckos Mr. William Johnson Mr. Frederick Champagne Mr. Ronald Montesi (Representing Tn. Board) Mr. Michael Della Bella Mrs. Marilyn Potenza (Representing Tn.Bd.) Mr. Joseph DeMeo Mr. Thomas Ross Mr. Thomas Gionetti Mrs. Frances Walter Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE PURCHASE OF POSTAGE FOR WATER AND HIGHWAY DEPARTMENT: RESOLUTION NO. 18, Introduced by Mrs. Marilyn Potenza, who moved its adoption, seconded by Mr. Ronald Montesi. WHEREAS, it is deemed advisable to purchase stamps for the use of the Water and Highway Departments for small mailings rather than using the postage machine at the Town Office !. Building, NOW, THEREFORE BE IT RESOLVED, that each department shall be allowed to purchase 200 stamps and the supply be replenished as needed. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None s Absent: Mr. Kurosaka RESOLUTION TO ESTABLISH SALARY. RESOLUTION NO. 19, Introduced by Mrs. Betty Monahan, who moved its adoption, seconded by Mr. Ronald Montesi. RESOL VED, that the fees for members of the Planning Board and Zoning Board of Appeals be set for the year 1989 as follows: Chairman $35.00 Secretary 30.00 Member 25.00 per public meeting Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None. Absent: Mr. Kurosaka RESOLUTION ESTABLISHING MILEAGE ALLOWANCE. RESOLUTION NO. 20, Introduced by Mr. Ronald Montesi, who moved for its adoption, seconded by Mrs. Marilyn Potenza. RESOLVED, that pursuant to Section 102 of the Town law of the State of New York, the sum of 23 112 cents per mile be and hereby is allowed for the actual and necessary use of the personal automobile of any Town Official in the performance of his duties. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION SETTING COMPENSATION FOR SCHOOL CROSSING GUARD AND COURT ATTENDANT. RESOLUTION NO. 21, Introduced by Mrs. Betty Monahan, who moved its adoption, seconded by Mr. Ronald Montesi. RESOL VED, that the daily rate for special policemen of the Town of Queensbury be established as follows: SCHOOL CROSSING GUARD: $15.00 per day for normal school hours, plus $6.00 per hour for hours worked over 2 hours per day. COURT ATTENDANT: $6.50 per hour. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Supervisor announced that the Town is still seeking a full time Crossing Guard. Councilman Monahan-Requested that a notice of this position be posted at the Qsby. Center. — RESOLUTION TO APPOINT SECRETARY IN HIGHWAY DEPARTMENT RESOLUTION NO. 22, Introduced by Mrs. Betty Monahan, who moved its adoption, seconded by Mr. Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Mrs. Jean Purner as Confidential Secretary in the Highway Department for the year 1989. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING ATTENDANCE AT ANNUAL MEETING OF THE ASSOCIATION OF TOWNS. RESOLUTION NO. 23, Introduced by Mrs. Betty Monahan, who moved its adoption, seconded by Mr. Ronald Montesi. RESOL VED, that pursuant to Section 116, Subdivision 10 of the Town Law of the State of New York, the following Town Officers and employees be and they hereby are authorized to attend the annual meeting of the Association of Towns of the State of New York to be held in New York City on February 19-22, 1989: Town Supervisor Town Attorney Town Justices Deputy Town Clerk Director of Building & Code Enforcement Court Clerk Four Councilmen, and be it further RESOL VED, that the Town Supervisor be and he hereby is authorized to cast the vote of the Town of Queensbury in said association, and in his absence, Councilman Ronald Moritesi is to cast the vote of the Town, and be further RESOL VED, that all necessary and reasonable expenses incurred at this meeting are a proper Town Charge. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN PO TENZA-Questioned if the Senior Planner should attend? SUPERVISOR BORGOS-We can do that by resolution the next time.../ do not know if she as been asked? (Board requested the waving of reading of the next resolution, copies available to the public) RESOLUTION TO SET SALARIES RESOLUTION NO. 24, Introduced by Mr. Ronald Montesi, who moved its adoption, seconded by Mrs. Marilyn Potenza. RESOL VED, that the following salaries are set for 1989: Administrative Assistant 23, 100. Assessor 26,000. Asst. Bldg, Inspector (Giianto) 20, 700. Asst. Bldg. Inspector (Lefebvre) 22,880. Asst. Bldg. Inspector (Martin) 21,850. Asst. Bldg. Inspector (Russell) 27,850. Assistant Bookkeeper 17,600. Assistant Planner 24,500. Bookkeeper 21,500. Budget Officer 2,000. Cemetery Superintendent 24,000. Chief Water Treatment Plant Operator 29,500. Clerk, Justice Court 18,360. Confidential Secretary, Attorney 17,000. 8 Confidential Secretary, Highway /4,000. Confidential Secretary, Supervisor 16,850. Confidential Secretary, Water 14,000. Crematory Assistant 19,400. Deputy Highway Supt. 30,000. Deputy Town Clerk 16,000. Deputy Water Superintendent 7,000. Director, Bldg. & Code Enforcement 28, 750. Director, Parks & Recreation 26,000. Director, Waste Water 8,000. Dog Control Officer 15,000. Fire Marshal 20,000. Health Officer 6,000. Historian /'000. 25, 100. Maintenance Sup.v. Water 19,500. Parts Shop Foreman ,500. Purchasing Agent 17,200. /1 Receiver of Taxes 24,750. Senior Planner (314 time) 18,000. Superintendent, Bldg. & Grounds 50,000. Town Attorney 21,450. Waste Water Technician 35,400. Water Superintendent Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION SETTING BONDED ACCOUNTS FOR CERTAIN PUBLIC OFFICIALS RESOLUTION NO.25, Introduced by Mrs. Betty Monahan, who moved its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Town Law Section 25, requires Towns to bond certain public employees, and WHEREAS, local governments are delegated the authority to set the amount of the bonds for - such public employees, and WHEREAS, the Town Board has caused a review to be made of the amount of the bond to be set after considering the actual responsibilities performed and in accordance with the guidelines established by the Office of the State Comptroller, NOW, THEREFORE BE IT RESOLVED, that for the calendar year 1989, Public Employee Bonds, pursuant to Section 25 of the Town Law are hereby set as follows: Town Supervisor 100,000 Receiver of Taxes 100,000 Town Clerk 1001000 Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING ON SEWER RENT LAW RESOLUTION NO. 26, 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 desirous of adopting a Sewer Rent Law, and WHEREAS, a copy of the Sewer Rent Low has been presented at this meeting and it is necessary to hold a public hearing with regard to the same, NOW, THEREFORE BE IT � 9 RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury on the proposed Sewer Rent Law presented at this meeting on January 17, 1989 at 4:00 P.M. in the meeting room of the Queensbury Town Offices, Bay and Haviland Roads, Queensbury, Warren County, New York at which hearing parties in interest and citizens shall have an opportunity to be heard as to whether the proposed new Sewer Rent Law establishing the rates to be charged for property owners in the Central Queensbury Quaker Road Sewer District, terms of payment, penalties for late payment, and other administrative provisions for the Town of Queensbury shall be adopted by the Town Board of the Town of Queensbury, and BE IT FURTHER RESOL VED, that the Town Clerk for the Town of Queensbury is hereby authorized and directed to publish Notice of the aforesaid public hearing at least ten (10) days prior to the time of such hearing is to be held in the newspaper officially used by the Town of Queensbury for such notices, and BE IT FURTHER RESOL VED, that copies of the proposed Sewer Rent Law shall be made available and inspection of such may be had by the members of the public and other interested parties at the Office of the Town Clerk for the Town of Queensbury, Town Office Building, Bay and Haviland Road, Queensbury, Warren County, New York 12804. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION HELD ON POSSIBLE DATE FOR SUCH HEARING-Noted Special Meeting of January 17, 1989 at 4:00 P.M. RESOLUTION DESIGNATING REPRESENTATIVES TO REPRESENT TOWN OF QUEENSBURY AT SAGA CITY, JAPAN s I RESOLUTION NO. 27, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is desirous of sending representatives of the Town of Queensbury to Saga City, Japan to represent the Town of Queensbury in connection with activities and ceremonies occurring there, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby designates Ronald Montesi and Marilyn Potenza to attend and take part in ceremonies and activities occurring in Saga City, Japan and hereby authorizes payment from the Promotion/Industry Account of a sum not to exceed $3,000.00 to pay for reasonable and necessary expenses incurred by the oforenamed individuals in attending the aforesaid ceremonies and activities. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent: Mr. K urosak a DISCUSSION HELD BEFORE VOTE: PCOUNCILMAN MONAHAN-I am completely opposed to this expenditure of money, it is the kind of thing that when we get things settled in our Town maybe we can do but there are so many needs to be met in our own Town that I do not feel that we should be spending this money. I know it is considered Industrial Promotion but right now I just wonder just how much more promotion we want to do to overseas company owning a part of the United States. SUPERVISOR BORGOS-I understand that argument and that does bother me and pull at different parts of me from time to time but personally I supported it because I participated in the last visit, I did spend a lot of time with the President of the Saga Bank there is a tremendous opportunity io for industrial development here, the City of Glens Falls is involved and Warren County is involved. I think it is worthwhile. I understand Betty where you are coming from because the Japanese own a major portion of the Country at the moment. COUNCILMAN MONAHAN-If you read the financial papers it is scary what this Country is doing to itself and I think it is doing it for present gain and not concerned with what is down the road and I think we are making a very bad mistake Nationwide. SUPERVISOR BOR COS-As part of the World community if the resources are out there and they would be employing local people it is worth looking at I think... COUNCILMAN MONAHAN-I am not talking about the $3,000 dollars but the cost to the Nation as I said if you check your financial papers and find out what the cost to the Nation is going to be down the road I do not think we should be contributing to this problem, that this Nation is going to face in the future. COUNCILMAN POTENZA-One of my Campaign promises was to try to bring in new business to the Town of Queensbury and I am adamantly opposed to the Town being a bedroom community of either Glens Falls or the Tri City area any major town. The main way of providing the fact that the town will not be a bedroom community and that we can have a strong cash base is to go and solicit business from other areas, our World is getting a lot smaller. We used to get business out of the Northeast and then we went to the eastern part of the Country and now we are out of the Country and we are going to Europe and to the Orient and if you can take as long to fly to California as to drive to Florida and I think that if we have any company that is willing to hire local people and are strong employer and reputable and honest business people I think that the day of the nationalities the days of be you oriental or Italian or German or what ever nationality you may be we are all under one roof now. I would support this resolution. COUNCILMAN MONAHAN-My comments are not made in the light of a nationalistic type of feeling its the balance of trade payments and we are just going to have more American Dollars flowing out of this Country and the profit structure and again making our deficit more extreme than it is now. COUNCILMAN PO TENZA-President Reagan just sign a bill so that there is no barriers at all between trade between Canada and the United States, I think that opened those doors and I think its a way of opening other doors. SUPERVISOR BORGOS-This is the first time we have jumped into International politics here. COUNCILMAN MONTESI-Not withstanding that the other issue is that I think the beauty of this is no man is an island unto himself...) think from the point of view of presently in my home we are entertaining an exchange student and 1 think that kind of exchange of ideas and cultures is really important. They have been here to our community Glens Falls and Queensbury and 1 think only better things can come from better communication. I understand what you are saying about the debt but I look at this not so much from a hopefully there will be some economic development that develops from it but just look at it from a people to people point of view. COUNCILMAN MONAHAN-1 agree with you people to people Ron but as I said when you read national financial magazines and I figure those people are a little bit more versed on this type of thing than I am where this country is going being owned by out of the country interests is a little frightening. SUPERVISOR BOR COS-Noted that a Japanese firm is currently in the process of developing a major lumber operation in this area, I think that is a step in the right direction even though it is something new. Recommended that the names of Mr. Montesi and Mrs. Potenza be named to go to Japan...Noted that Mr. Kurosoka did wish to attend but is unable to do that... COUNCILMAN MONTESI-Noted that he had another trip to make this coming year and questioned if he would be available to attend...noted that maybe a layman from the community would like to attend.... SUPERVISOR BORGOS-Noted that there are extra places on the plane so people might go and I would encourage QEDC perhaps such as Fred Champagne as a possibility, if we cannot get enough people. RESOL UTION TO APPOINT COUNSEL RESOLUTION NO. 28, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Attorney J. Lawrence Paltrowitz has previously advised the Town Board relative to labor law matters, and WHEREAS, the office of Town Attorney was established during the year 1988 and the Town Attorney has requested that representation of the Town of Queensbury in labor matters be continued through Mr. Paltrowitz due to the need for special expertise in such matters, NOW, THEREFORE BE IT RESOL VED, that Attorney J. Lawrence Paltrowitz, a resident of the Town of]Queensbury, be employed by the Town Board of the Town of Queensbury to render such legal services as may be required and that payment for such service be by Town Voucher and audited by the Town Board. p Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOL UTION OF APPRECIATION RESOLUTION NO. 29, Introduced by the Entire Town Board WHEREAS, the Queensbury Town Board has accepted the resignation of Susan Levandowski from the Town Planning Board, dated October 27, 1988, and WHEREAS, Susan Levandowski, a resident of the Town of Queensbury, has served the community with distinction, and WHEREAS, Susan Levandowski was dedicated member of the Queensbury Planning Board from June 26, 1984 to September 30, 1988, 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 Susan Levandowski for the time and talent she has generously l contributed toward making Queensbury a "better place to live". Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO FILE COMPLAINT ON TENTATIVE EQUALIZATION RATE RESOLUTION NO. 30, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town of Queensbury has been notified of the 1988 Tentative State Equalization Rate and the Town Supervisor has filed a complaint relative to the same, and WHEREAS, the Sate Equalization Rate is utilized to apportion school taxes, allocate state aid to education, establish tax and debt limitations, apportion the County Tax levy and distribute sales tax, and WHEREAS, the Town Board of the Town of Queensbury finds that such tentative rate is incorrect and will result in financial hardship to all taxpayers within the Town, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor's action is filing a complaint on the Tentative State Equalization Rate hereby are authorized and ratified and the Town Supervisor is hereby directed to undertake all necessary administrative and legal proceedings to obtain a correct and equitable rate. Duly adopted by the following vote: 12 Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE SETTLEMENT OF CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 31, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOL VED, that the following case be settled with respect to the 198911990 and 199011991 assessment rolls as indicated and as follows: 98-1-5.2 - Pyramid Company of Glens Falls - to be assessed at $25,000,000.00 (198911990 and 199011991). Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COMMUNICATIONS L tr. Supervisor Borgos-due to Mr. Kurosaka's illness there will be a few temporary changes until he is able to return in the committee list. Elections-Mr. Montesi in place of Mr. Kurosaka Highway, Mrs. Potenza Lighting, Mr. Montesi and Waste Water Mrs. Potenza January 3, 1989 Supervisor's Office Pursuant to Section 63 of the Town Law of the State of New York, I hereby appoint the following committees to aid and assist the Town Board in the performance of its duties during the year 1989, with the first person named to serve as Chairman in each case: Assessments Potenza Borgos Beautification Potenza Monahan Cemeteries Monahan Potenza Elections Potenza Montesi Fire Protection/Emergency Medical Serv. Borgos Montesi Highway Potenza Borgos Industrial Development Montesi Potenza Insurance Monahan Borgos Lake George Monahan Borgos Landfill/Solid Waste Borgos Monahan Library Monahan Potenza Lighting Potenza Montesi PlanninglZoning Potenza Monahan Recreation Potenza Montesi Senior Citizens Monahan Montesi Transportation Montesi Monahan Waste Water Montesi Potenza Water Montesi Borgos Appointed by, Stephen Borgos Supervisor L tr.-Supervisor's Office-appointments on file Margaret Freebern Bookkeeper Confidential 13 Secretary, Suzanne Appleyord Deputy Supervisor Daniel Olson L tr.-Town Clerk's appointments on file Caroline Mann Mitchell, Deputy Town Clerk, Deputy Registrar of Vital Statistics, Deputy Director of Purchasing Ignatius Tracy 2nd. Deputy Town Clerk for Conservation Lic. only 3rd. Deputy Town Clerk Phoebie Tracy.for Conservation Licenses only for the year 1989. L tr. - Receiver of Taxes appointments on file Darleen M. Dougher 1st. Deputy Town Clerk Judy Fish 2nd. Deputy Town Clerk year 1989 L tr. - Highway Supt. appointments on file Richard Missita Deputy Highway Supt. 1989. BID OPENING-HIGHWA Y DEPT. 4x4 Utility Passenger Type Vehicle Orange Motors, Albany, N.,Y. Ford Bronco $19,389.00 no non collusive L tr. Highway Dept. Deputy Missita...on file reject bid RESOLUTION TO REJECT BID RESOLUTION NO. 32, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Highway Dept. did request that the Town advertise for bid for one 4x4 Utility Passenger Vehicle and WHEREAS, the such item was advertised in the official newspaper and WHEREAS, one bid was opened at the proper place and time as specified and WHEREAS, the Deputy Highway Supt. by letter requested that the bid be rejected, NOW, THEREFORE BE IT RESOL VED, that the Town Board hereby rejects the bid from Orange Motors of Albany, New York in the amount of $19,389.00 for the following reasons 1. Only one bid was presented i 2. The only bidder did not include the non collusive form Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosaka BID OPENING - HIGHWA Y DEPT. 2 Single Axle Dump Trucks Wicker Ford, Ticonderoga,N. Y. Option B. 1988 Single Axle Dump $78,150.00 Orange Motors, Albany,N. Y. Option B. 1988 (7-14 Day Delivery) Single Axle Dump $64,409.84 1988 Single Axle Dump Truck 45 Day Delivery $74,331.35 1989 Single Axle Dump Truck 90-180 Day Deliver $75,755.27 H.L. Gage, Albany,N. Y. Option B. 1988 Single Axle Dump Truck $74,714.00 (All bids included Non-collusive statements) Deputy Highway Supt. Rick Missita-recommended holding the bids, wished to review further... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 33, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED` that Special Audit of Bills of January 3, 1989 and numbered 88-3477 & 3478 and 89-1 & 2 and totaling $88,365.75, be and hereby is approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i4 Noes: None Absent: Mr. K urosaka PAUL DUSEK-TOWN ATTORNEY-Presented the Town Board with a Survey Map that Rist Frost had prepared on an easement to Hovey Pond...the Town presently has an easement that allows us to go in and repair the dam, what has come up is that the owner of the property found that in reading the easement it is not pin pointed down to a particular area. I have spoken to Rick Missita and Mr. Harry Hansen and (using map) denoted the preferred easement...asked if it could be negotiated to obtain another five foot easement and make it a total of 20,...in otherwords twenty foot into it and twenty foot all the way around the dam... The Town Board agreed that the Town Attorney should try to obtain the extra five foot right of way and denote in writing the exact location of the right of way. PAUL DUSEK-TOWN ATTORNEY-Re: Planning Board Agenda's requested another executive session to discuss three possible attorneys to handle this problem. —` COUNCILMAN MONA HA N-R equested that at the next meeting the Town Board have a resolution of support for Congressman Solomon regarding the monies from PCB's to be used at Lake George. RESOL UTION CALLING FOR QUEENSBUR Y BOARD OF HEAL TH RESOLUTION NO. 34 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED, that the Town Board hereby 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 QUEENSB UR Y BOARD OF HEALTH SUPERVISOR BORGOS-This has been called to our attention by Mr. Hatin our Director of Building and Code Enforcement. DAVE HA TIN-Lost week we had a complaint regarding a septic system at 688 Glen Street overflowing on the lawn, we investigated and found out that there was a problem with the system and contacted the owner, noting that immediate action would have to be taken. A temporary solution was agreed to, to pump it as needed on a daily basis if needed. Upon inspection this weekend it was found that it was not pumped, it did get pumped yesterday late in the evening, the problem will continue if we do not take action, I am requesting legal action be taken if need be to resolve the situation. COUNCILMAN MONA HA N-Residential or Commercial? DAVE HATIN-A commercial area but residential property. I am asking for the Board to give me the authority to demand it be pumped daily until the situation is resolved, or as needed if we find out it is not necessary daily. COUNCILMAN POTENZA-!s this a single family home? DAVE HA TIN-An apartment building. COUNCILMAN POTENZA-Has the system caved in? DAVE HA TIN-We do not know what the problem is. One of the inspectors is meeting with a sewer person tomorrow to review the situation and fix it. Noted that there is a stream that is twenty to thirty feet away from the situation, flowing toward the stream. The sewer line as gone past there but will not be able to be hooked up until Spring according to Mr. Flaherty. COUNCILMAN MONAHAN-Questioned if Encon should be involved in this? DAVE HA TIN-If i can get this pumped daily it can resolve itself...as far as I can tell right now it is not going into the brook, but if it is not taken care of it will happen. RESOLUTION ORDERING ETHEL W YNN TO CORRECT SEPTIC SYSTEM 15 RESOLUTION NO.1, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Director of Building and Codes Enforcement, David Hatin, has reported to the Board of Health that the premises owned by Ethel Wynn at 688 Clen Street, Warren County, New York, has a septic system located therein which has failed and the effluient is progressively seeping into the ground towards a nearby creek and that such poses a public nuisance and a threat to the public health and safety. It is hereby ORDERED, that Ethel Wynn, the owner of said premises, be required to suppress and remove said nuisance and immediately correct the dangerous conditions causing the same, that is the septic system failure and the seepage of effluient in the ground and that the some be remedied at once by pumping the septic tank located on the property daily and IT IS FURTHER ORDERED, that in the event the said Ethel Wynn, owner of the said premises, fails to comply with this order within 24 hours, the Director of Building and Codes Enforcement, David B. Hatin, is to report to this Board and this Board will reconvene for further action. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ADJOURN AS BOARD OF HEALTH RESOLUTION NO. 2, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOL VED, that the Queensbury Board of Health adjourns and the Town Board reconvenes. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 35, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOL VED, that the Town Board hereby moves into executive session to discuss professional services and personnel services of an attorney. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RECONVENE RESOLUTION NO. 36, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED, that the Town Board hereby moves back into regular session. _ Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka is SUPERVISOR BORGOS-We discussed the selection of an attorney to do some representation. RESOLUTION TO HIRE ATTORNEY FOR SPECIAL PROJECT RESOLUTION NO. 37, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board is interested in retaining an attorney to assist in preparing a loco/ law or other legal opinions relative to placing into effect controls of the Planning Board agenda and to assist the Planning Board Department and the Planning Board, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby retains Paul Laudato of the Firm of Tabner and Laudato located in Albany to represent the town in these matters, at a rate not to exceed $100.00 per hour. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULL Y SUBMITTED, Miss Darleen M. Dougher Town Clerk-Queensbury