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1989-04-11 192 4 r r I REGULAR TOWN BOARD MEETING APRIL 11, 1989 7:35 P. M. MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN MARIL YN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK MEMBERS ABSENT COUNCILMAN GEORGE KUROSAKA 4 t TOWN OFFICIALS l LEE YORK, PAUL NAYLOR, DAVE HA TIN, BILL BODENWISER, HARRY HANSON i PRESS W WSC, G.F. Post Star i PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 195,lntroduced by Betty Monahan who moved for its adoption, seconded by Stephen Borgos: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive - Session to discuss with Attorney Tomoselli, litigation specifically related to Town Office Building �q 1 addition and Activity Center. i Duly adopted this 11th day of April, 1989 by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None — ABSENT: Mr. Kurosaka RESOLUTION TO RECONVENE INTO REGULAR SESSION RESOLUTION NO. 196,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury reconvenes into Regular Session. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka PUBLIC HEARING OPEN-AMENDMENT TO ORDINANCE 30. SUPERVISOR BORGOS-Hod a question relating to the concern of the fee being charged on the whole concept of inspecting the foundations for amusement rides. Asked if this has been resolved? DAVE HA TIN-To my knowledge there is no problem with it. i think I gave the Board the opinions that I had about it. I see no difference from a ride, from the foundation of an office building, or anything else. I think it still requires on inspection, we do inspections with the engineer who drew up the drawings. I think its legal. SUPERVISOR BORGOS-1 think we talked about the concept of requiring an engineer's certification in lieu of an inspection by us just to keep us out of potential litigation. PAUL DUSEK-Due to some time problems I had in the pass week, I haven't had a chance to fish the review on it, in fact i also have not drafted a Resolution calling for a Public Hearing 93 to adopt this Ordinance, that part was an oversight on my part. At the moment, I really can't render an opinion, I want to sit down with Dave Hatin, and review the matter with him first, and then come back to the Board with a finalized opinion. SUPERVISOR BORGOS-1 can certify that you've been busy. COUNCILMAN MONTESI-1 know the last time you had a review of this, it seemed to me to be cut and dry, that on amusement ride number one, just as a building has to have an engineer's stomp, a home has to have an engineer's stamp attesting to the 50 foot snow load etc., most any of these rides that we are going to be inspecting have to have an engineer's stamp as to its structural soundings. DA VE HA TIN-Yes they are required. COUNCILMAN MONTESI-Your not attesting to the fact that is it structurally sound, your attesting to the fact that if that drawing calls for foundations of twelve feet in the ground to hold it that there is in fact twelve feet of foundation. DAVE HA TIN-That's all we're doing. We're making inspections for compliance with the prints, strictly that's all we're doing. SUPERVISOR BORGOS-That's exactly where my personal objection comes in. If you go out and measure it, are you going to be there, and do you have sufficient knowledge in how to test the concrete? You perform a slump test. Do you test the re-rods, do you check how there tied? I'm concerned that we're going to go in there and say, yes that's OK, and that the ride is going to fail and then we're going to have a problem. DA VE HA TIN-Thot's what required by the engineer's that design the buildings or the rides. That's what their looking for if they called for 4,000 pounds of concrete they have to verify that's 4,000 pounds. SUPERVISOR BORG OS-The engineer does, we don't? DAVE HA TIN-The engineer does, we don't. All we do is let's say is calls for a certain amount of re-rod in the footing that's what we make sure is there before we let them pour. We're just doing basically a compliance with the prints its still going to fall back on the engineer. --- COUNCILMAN MONTESI-He has to sign a paper? DAVE HA TIN-Before I'll sign off on that, right, he has to give me a piece of paper saying its been built. SUPERVISOR BORGOS-This is where I again have to go to the legal side. Are we better off saying, yes it was there, or are we better off saying that we received the certification from the engineer? PAUL DUSEK-This is where I want to finish my review. SUPERVISOR BOP.GOS-Asked since they don't have the Resolution, to discuss the rest of the fees and then continue with the discussion after having had the Public Hearing at our next Board meeting and perhaps then go to Resolution. Asked if it was a reasonable suggestion? PAUL D USEK-Yes. DAVE HA TIN-Asked if this was going to be postponed until another Board meeting? SUPERVISOR BORG OS-We're not going to postpone the Public Hearing will continue the Public Hearing now, but I think we won't reach a decision perhaps this evening, pending some more input from our Attorney. I'm tryingdceep us out of Court if at all possible. Obviously I don't mind going to Court if we're looking at a foundation of a house, we're capable in that area. If we're exposing ourselves to liability with a ride that by itself might be worth a couple million dollars and with potential fatal injuries to thirty people, I think that is a lot of exposure. DAVE HA TIN-1 still think that you should draw your attention to the fact that, if we don't inspect these rides that the possibility of an engineer not inspecting them is there and that's what we're trying to make sure doesn't happen. SUPERVISOR BORGOS-Maybe we will have to observe the engineer inspecting or something. DAVE HA TIN-1 think either way you look at it Steve, if they seek a building permit, somewhere if 0 law suit should be filed, we're going to be named in it one way or the other. 194 SUPERVISOR BORGOS-I'm sure we will be. E DAVE HA TIN-Whether we do the inspection or we don't, probably for not doing the inspection more than doing the inspection. y{ F COUNCILMAN MONTESI--Are we going for as built engineer stamped plans on amusements f rides? f DAVE HA TIN-Basically that's what we would be requiring the certification from the engineer would state that. { COUNCILMAN MONTESI-So that on any and on all amusement rides we would need an as built engineer stamp? DAVE HA TIN-With the one sticker one we had problems with last year that's what we did we hod on as built stomp. COUNCILMAN MONTESI-That's really an important consideration so that we're not leaving with the chance, we're leaving it to the engineer's stamp. DAVE HA TIN-The problem we had last year if we hadn't been involved on that one there would have been serious injuries. COUNCILMAN MONAHAN-The ride itself is it still being done by the State Agency? 1 DAVE HA TIN-As for as I know all amusement rides with the exception of water slides are i inspected by the Department of Labor. PLINNEY TUCKER-Is there a State Agency that looks at these rides when installed? i SUPERVISOR BORGOS-Not when installed, just before they allow them to operate. PUBLIC HEARING CLOSED r t DISCUSSION HELD , SUPERVISOR BORGOS-Welcomed Mrs. Potenza back from Saga City Trip. COUNCILMAN POTENZA-1 have a presentation tonight to the Town of Queensbury, and the Queensbury Town Board. I'll summarize my visit by saying that it was wonderful. The Japanese people absolutely love us. They are so full of love, and concern, and warmth for the American people. We arrived very late on a Thursday night, Friday morning we left from the hotel to the City Office Complex, Saga City has a 170,000 residents. We had a police escort from the Hotel to City Hall, Mr. Hammond Robertson and his wife were in one car, Mayor and Sandy O'Keefe were in another car, and we followed by bus. They had the police stop the traffic in the City while we went to the City Hall and it was the first time in the history of that Town, which celebrated its 100th centennial while we we're there, that they ever had stopped traffic, they don't even have a Police Department per say they had the Provincial Police come in to stop the traffic. We got to the City Office Building and there was 2,000 people there waving American Flags. We walked through the lobby of the city building and their was another 1,500 F and the TV. cameras were going and the reporters were jumping all over, and there were 3,300 young girls in a chorus there dressed in blue and white uniforms holding red flowers and after Mayor of Saga City, welcomed us they sang the National Anthem, and Michael Row your Boat Ashore, they did a wonderful job and it was very emotional. It was a remarkable, remarkable trip. That night we had the Welcome Banquet and at the Welcome Banquet, the Chairman of the Council presented through me to Steve actually, our Supervisor, a Japanese Screen, in any event its from them to us, sent with lots of love, and lots of caring, and with many hopes that this Sister City Program will continue to grow and have a long healthy life. I am delighted to have been there to receive it and happier to deliver it to you. SUPERVISOR BORGOS-1111 accept this on behalf of the Town with thanks. The Japanese are very generous people its very thoughtful that they would do this. Will find a suitable place for this to be displayed. Thank you for taking your time to go. A couple of other announcements. I have noticed a number of people that are perhaps burning leaves and other brush. Everyone should be advised and hopefully the media will pick this up, that there is a No Burning Ordinance in the Town of Queensbury, its been in effect for sometime since the Town has reached the status of having 20,000 or more in population. The State Law prohibits opening burning of any sort with the exception of those very few things permitted by a Forest Ranger which does not include any longer a burning permit for brush. Another reminder that there is a Dumping Ordinance in the Town. The Dumping Ordinance was passed in 1948, that provided for a fine of $100.00. 1 like to call your attention to the fact its there we're attempting to clean up the 195 mess in a variety of places in the Town, roadside dumping, dumping along power lines, and so forth, this will be strictly enforced. Also, I spoke with George Kurosaka the other day. he is feeling very well and is gaining weight, he expects to return sometime between the end Of May or the end of July. OPEN FORUM 7:50 P. M. JIM FLEX TON-10 Old Forge Road, Queensbury. Recently the Reservoir Park Sewer District residents received a letter informing us that we were going to be paying $572.00 a piece for five years to cover repair last year. Subsequent meetings were called and people were wanting to know why, so they asked me after some research by Lisa Fuller, to speak to the Board tonight. I would like to talk about several aspects about the repair. I. The maintenance fund its an on going maintenance fund for the sewer district. 2. The cost of this repair. 3. The cost to repay the repair. 4. What are we going to do by what we see here. DISPLAY SHOWN TO THE BOARD OF APPRORIATIONS, EXPENDITURES, ASSESSMENTS, MONEY RAISED, OF THE RESERVOIR SEWER PARK DISTRICT JIM FLEX TON-1 feel that this is an accurate on going record of the appropriations all the way from 1974, all the way to present. You will also see the expenditures from 1974 for that Sewer District al/ the way to present, including the $26,000 repair last year. You will see the assessments that were only $50.00 a year back in 1974 they are all the way up now to $572.00 per year for the next five years to cover this expenditures. Here is the money that has been raised over that same length of time excluding the last $572.00. if you add the column up the money raised excluding this last go around is $28,000 and the records shows that there was $14,000 spent. The exact figure is $14,626 we think that is a surplus. We're saying there is an on going surplus here if you rolled it over and didn't put it in the General Fund and pay interest on it, it should of covered this repair. We were looking at the budget figures of 1989, if you look under the requested budget to cover this expenditure your asking for $5,500, which would be a $220.00 payment per resident. In the tentative budget it jumps up to $9,700 and then there is a preliminary budget this is the some figure, then you get over to the adopted budget and all of a sudden we're paying $8,800 interest in one year. If we're paying $8,000 interest on $26,000 we have a problem. Right now I would like to show you some of the people from the Reservoir Park, they are people who are upset about this. Some of the things that bother us is, why wasn't there any meeting called in the planning stage? Why all a sudden did Reservoir Park stop paying a benefit tax and start paying a sewer tax, is there some legal -- ramification to that? What happened to the un-spent money in the maintenance fund and couldn't that money been spent towards that repair? Why would it cost $572.00 a year for twenty five home owners the payback in five years in $71,500 and according to people who do this kind of work, accountants at General Electric, he said the single payment method five single payments instead of sixty payments where we pay $572.00 you can put the money in the bank and draw interest on it that equates to 35 per cent interest. We think its outrageous and it demands an explanation. SUPERVISOR BORGOS-Some of what you said is accurate and I'm sure your intending everything to be accurate undoubtedly somebody has done v lot of work in preparing this, the unfortunate part is that no one come to us sooner I got this delivered to me yesterday afternoon before I saw it. JIM FLEX TON-There have been people who have been calling. SUPERVISOR BORGOS-1 have heard that there has been complaints about the total, but that's all I have ever heard. i LISA FULLER-13 Reservoir Drive, Oueensbury. As you know its very difficult to get a lot of people together. I did the research on this. I did call, I called in the beginning of February, a lot of people did call, I think the response was really disheartening. SUPERVISOR BOR COS-Did you leave any messages? LISA FULLER-Yes, I talked with Kathleen Kvthe, she did say that she would get back to me C in two weeks when she got her information together, since I didn't get a call I just went to the budgets which ore the public record and I did that type of homework. I was very interested and I didn't quite understand everything. 1 know that people are busy, it has taken me a long time to get my information together. } SUPERVISOR BORGOS-I apologize for the fact. I think that if we had more specific, a letter f like this for instance I could of responded to it. LISA FULLER-1 understand. I think that a lot of people did make an effort, I would of love to have given it to you sooner than this but it was difficult. 196 SUPERVISOR BORGOS-1 understand. Let me try to give you a brief history of this. Sometime the middle of last Spring at about the spring run off time this time of the year essentially, the Department of Health contacted our offices to indicate that we had a sewer failure in the Reservoir Park System, that we had raw sewage on the ground, that we must clean it up immediately or shut the system down. If we were to shut the system down you would all be t forced to move from your homes immediately, that's the way the letter come, that's the way the phone call came in. We followed up with that immediately by making inspections and said that "yes we have to take immediate action", the question was what's the immediate action. The first thing, we sent a letter to everyone asking to please use less water, if we could reduce the amount of water entering the pump station and the wet well that would reduce the amount of fluids being pumped out into the fields that would help to dry things up. Soon after that we engage the services of Quentin Kestner, our Town Engineer at that time, to make some -- recommendations and that took a period of time to find out what was really out there, what i was under the ground to be uble to get equipment in to dig some test holes to find out the condition of the soil, see if any solids had gotten out into the field. We finally got the recommendation. that we should replace part of the tile field system, there are dry wells with tile fields essentially set in some gravel. After we got that recommendation there was also a further recommendation that we should fence in the area and clean the brush. A period of time went by we got a couple of contractors who were interested in doing the work, we again checked when the ground was appropriate and it was determined that the best way to proceed and we did hold a Public Hearing on this I believe, that the best way to proceed was to indeed go ahead and replace nine of the dry wells and quite a bit of the soil we made arrangement for the disposal of that. These are 10 foot diameter dry wells. What I discovered immediately is that it was not a new pump station, that's been there for some 35 years. There was no routine maintenance as such on this over that period of time. The Highway Department had been assigned this over the years as Mr. Montesi points out and we had no Sewer Department at that time as we do at the moment. We took the steps that we felt were the minimum steps to provide the maximum amount of relief, again there was a Public Hearing about this. The expenditure for that part of the repair as I recall was just under $25,000 for that particular part. It was estimated at that time it would cost approximately $10,000 to $12,000 for fencing to go around the area, the total was estimated to be $35,000, in order to comply with D.E.C. requirements or have all of you move out of your homes. In doing further research we found out that another option opened to most people in the Town would not be opened to most of you, that there is a requirement under the law specifically related to this particular body of water, because this is a drinking water source for Glens Falls, that you may not build any private septic systems within 400 feet of that body of water. We could of gone in and done a total restructuring of the entire system which would of cost perhaps double it would have gone to $50,000, we thought that maybe we shouldn't do that because at som e point we're thinking of running a sewer line that will go by that area. A sewer line that will probably start in the area of the John Burke Apartments, will pick up the Sheraton Motor Inn, go down Dixon Rood, probably then pick up your sewer area, and shot right in to the City of Glens Falls. I don't know if that is a couple years away, but its somewhere in the future, its on the priority list. Unfortunately under the law the only people under the benefit concept of taxation, the only people permitted to pay for a Sewer District those people benefiting from that district that brought it down to 25 homes. It seemed best to go to a bond for that rather than expect everybody to pay $1,500 for one year and get it cleaned up. Go to a bond for the $35,000 over a five year period the interest rate as I recall is 8 percent. JIM FLEX TON-The interest calculated on $35,000 as we went over it single payment method for five years (taped turned) SUPERVISOR BORGOS-You know more about the history of this than I do, I didn't go back to 1974 we as a Board just addressed what was happening in 1988. 1 did realize that in 1988 your taxes were $169.80 so the increase here is approximately $400.00 in this first year of this bond repayment. 1 believe 1 said in the letter that it should decrease each year. JIM FLEXTON-The information we had is $572.00 for five years. SUPERVISOR BORGOS-Asked if he letter said this. Read letter. I don't see that I have indicated the $572.00 number anywhere in this letter. Approximately a $400.00 increase in cost. What your seeing in the budget and why this doesn't appear to make any sense, the date of this particular run of the budget is November 21st, we start our budget process in July. The first requested budget line which would have been done in August showed what we anticipated the expenses would be that's before we had a handle on the numbers. If you look at this you say that you've already spent year to date $26,000 why did you plan on only $5,500. The $5,500 was generated in August long before the bids were done and before the work was done. JIM FLEX TON-Some of us got the meeting notice after the meeting. We knew about the meeting and that's why we let it pass, then when we found out it was going to cost us a lot of money. 197 SUPERVISOR BORGOS-We apologize for this. If you go back and look at the first run of this budget sheet which would have a date of August or September, you would see the $5,000 line and you wouldn't see the $26,000 it would be probably a $1,000 in there. This $26,000 wouldn't of come on until the work was done. It if follow the budget process all of a sudden the adopted budget which is the number we had to go with as of November 1st, would reflect what we found out the cost was going to be, that's the $35,000 spread over five years, $7,000 of principal for five years. The interest in the first year is estimated to be $1,800 so the total is not $8,800 but rather $1,800. The total payments would be $7,000 principal and $1,800 in interest in this first year. In the second year the principal would still be $7,000 but the interest will drop substantially. JIM FLEXTON-This $8,000 is going towards the Bond to cover the $35,000? SUPERVISOR BORGOS-The $8,800 includes the principal and interest. JIM FLEXTON-To repay the $25,000 or the $35,000? SUPERVISOR BORGOS-The $35,000. JIM FLEX TON-What's the difference between the $14,000 and the $5,000, is that the normal maintenance? SUPERVISOR BORGOS-That would be the normal maintenance plus the extra little maintenance that we thought there might have to be because we saw that in the current year $4,245 had been appropriated we knew there was some kind of maintenance needed out there but we just added in an extra $1,200 that we thought would be a reasonable number. JIM FLEX TON-We knew that we had been paying this money. SUPERVISOR BORGOS-That's the question I can't answer for. JIM FLEXTON-The expenditures were $3,000 here (refers to chart). What was done? Nobody in here that even lives next door has ever seen anybody around. SUPERVISOR BORGOS-That's the research that I'll have to do to find out, you 've calculated that you've paid in $28,000 about $14,000 has been spent there should be another $14,000 somewhere. I have to find out where that money is. JIM FLEX TON-We got out our law books and we said if this is appropriated for our fund its not suppose to go to the general fund. SUPERVISOR BORGOS-Absolutely its totally separate money. JIM FL EX TON-If i t is we wan t i t back. SUPERVISOR BORG OS-You would get interest on it to. JIM FLEX TON-That would pay for this (refers to chart). SUPERVISOR BORGOS-1 agree with you, the problem is that I only got this late yesterday and I was able to address the things that I'm sure of, you've raised some very good issues here. JIM FLEX TON-We're looking for your help. We aren't hereto accuse anybody or find fault, we believe that its an oversight, we believe that we can work together and have some resolution. SUPERVISOR BORGOS-1 hope your right, we certainly will begin tomorrow morning to try to find that $14,000 plus interest. If it's there, certainly you will get the credit for it, we would be able to pay off that Bond Anticipation Note early. We're trying to keep the number low even with the $35,000 expenditure its cheaper than any other alternative you can come up with. If it were legal you could put your new system in for $2,000 to $4,000 or $5,000 per house, so that wouldn't be so good. If its possible will try to get you into the new sewer district reasonably soon hopefully we can get you into a system that would cost not more than this, perhaps even less than this, it would make your homes more valuable. We need a couple of more days to find out where your money is. JIM FLEX TON-1 like to thank the Board for listening to us and being receptive and we're hoping that you can find that money. Thank you. COUNCILMAN MONA HA N-Maybe Paul Naylor can give a brief summary of what they do each year to maintain this. COUNCILMAN MONTESI-Through the years since maybe conception of your chart, the Highway 198 i Deportment had always been burden with the responsibility of that sewer district, certainly there was no sewer department. At times when Paul, and i've been on the Board for four years, would come to us at budget time and put a figure in, he would always say, I'm doing the best . I can with this situation and bare in mind there is only 25 houses and there is work to be done, but will make do the best that we can . At that point Paul was out of it because we had created a sewer district and Tom Flaharty who was heading up our sewer district and also our Water I Treatment Facility inherited the problem, with Steve and I who serve on the Sewer Committee. We're the guys that are accountable directly we dealt with that and it was not a easy time frame because at every step of the way we learned the things that Steve enlightened you to. You can't go to individual septic systems you're to close to the reservoir, 8,4:ON had some very specific recommendations part of those recommendations are that we in the near future if a sewer project is not going to come down Dixon Road, attend to the rest of those field dry wells. SUPERVISOR BORGOS-Asked Paul Naylor to _give a rough overview of this problem. PAUL NA YL OR-Most of the times you didn't get charged. Three to four times a week one of my foreman's would stop by and check the pumps and make sure everything was working fine, the only charges 90 percent of the time you got charge is where the system comes in there is a solid septic tank we have to come in there with sewer trucks and pump it out two to three times a year to take out the solids. The liquids would go down in the big tank and pump out and distributed into a big dry well system. The system is long overdue to be changed but they didn't want to stick you with more money so it never got done, so when it failed is ;r when you had to pay. You will find most of the charges for all the years that 1 was in charge i of it was strictly for the pump septic tank, most of the maintenance the highway never charged you. SUPERVISOR BORGOS-Thank you. j BARBARA BENNETT-Dixon Road, while your checking figures at the end of December I asked you what happened to the excess funds in the 1988 account, you said they go to the General Fund. SUPERVISOR BORGOS-Right. I said that at the end of February we will be able to give you a number, and i've made phone calls to our bookkeeper and i have written her notes and the last note that come from her yesterday was that when the accountants finish with our audit within the next several days all those numbers will be rolled over to 1989, and I will have them then. Its a long time, we have gotten the new computer system within the last two weeks that computer system is capable of running two year budgets at one time. The old system was full with one year so we had to take that off in order to start the new year, now everything is there and now we can run two years at one time. Next year we should have numbers very early. 1 BARBARA BENNETT-Asked if future Town Board meetings are going to be at 7:30 P.M.. 4 SUPERVISOR BORGOS-We are going to have to resolve that to some extent tonight. We had a problem with meeting space we try to do the best we can. We had originally scheduled this meeting at 4:30 in the afternoon, I believe it was two weeks ago we had to change that because we weren't able to have a quorum at that point. Mr. Montesi's best availability is at 7:30 P.M. I don't know what the future holds, if we continue with 7:30 meetings we may move from time to time and will notice everybody. { BARABARA BENNETT-Asked about the Resolution regarding pension for volunteer firemen that was read at a previous meeting. 1 SUPERVISOR BORGOS-That Resolution was read and that was a Resolution to establish a } committee to study that situation as per contract with the Fire Departments. All that Resolution did was to propose a structure for the committee to study the situation based on a new State Law that was originally passed. Our recommendation then went to the Fire Departments and they accepted that so the committee has now been formed to study it. I BARBARA BENNETT-From my standpoint not knowing the details volunteer firemen provide ' a valuable service, but its not their full time job. They have full time jobs which provide them with pensions so I don't feel the Town should also provide them with pensions which is almost like double. . . SUPERVISOR BORGOS-1 don't think any of us can make a judgment yet, but the amount of the pension I believe the propose pension is $5.00 per month per year of service only after you had either five or ten years of service. For most people at some point they be looking at $25.00 per month. BARBARA BENNETT-Even so depending on how much firemen you have and so forth, if they f 1 i 199 have good jobs with good pension coming I still don't think its something the Town should provide. SUPERVISOR B OR GOS-Obviously before this ever takes place there will have to be a lot of meetings and Public Hearings. The law requires a mandatory referendum of that particular item there must be a vote at a regularly election time. BARBARA BENNETT-Thank you. PLINNEY TUCKER-Right-a-ways the ones of the highways. We had talked about them last year and we had a lot of talk in the meetings about volunteer's and that's where it ended. Late lost fall I spoke to Mr. Naylor, of the Highway Department, about Veteran's Road, up the Luzerne Road, passed the dumpster of the Northway Bridge, if he would clean it up. The ---- next morning he had two men there to clean it up. If you have been out riding you know what the situation is again. Next question, do we have any money? SUPERVISOR BORG OS-Who t kind of money? PLINNEY TUCKER-Money so we could put somebody out there to to get this job done. Mr. Naylor and myself have been talking about this. Do we have any money so we can do this? SUPERVISOR BORGOS-11m sure there is always money, how much do we need? PLINNEY TUCKER-We've been talking $20,000. SUPERVISOR BORGOS-That would be up to the Board to decide, if the Public thinks that's the way they want $20,000 to be spent, I think the answer to your question is that, that's always available if that seems to be the appropriate way to spend it. PLINNEY TUCKER-What bothers me is that the amount of money we're spending for promoting the Town, building parks, and then you drive up and down the road and it looks worst than the landfill. Its their land, I get messes in front of mine, you get messes in front of yours, you pick it up. Northway Bridges, I like to point out that it just isn't Town roads. Take a ride on any of the County roads, Corinth Road, the roads that they own, we've got the same problem. Take a look at the Northway. SUPERVISOR BOR GOS-Its on every road, its in every community, this time of the year and -� in late fall time you can see it because the grass is down, the brush is down. PLINNEY TUCKER-What are we going to do? SUPERVISOR BOR COS-What we're going to do, we're going to catch a bunch of people who are putting it in there, we're going to fine them a $100 according to what the law says, then we will have a big pool of money and then we can hire a lot of people to go out and clean the roads. PLINNEY TUCKER-That's not the answer Steve, we got a problem and we have to do something about it. SUPER VISOR BOR GOS-I think if we each get out and clean up a section and keep our eyes open to find out whose dumping. Realistically if people followed the rules and covered there trucks, if people didn't throw their garbage on somebody else's property we wouldn't have the problem. We have to enforce the law that's there, plus maybe a cooperative effort of all the people to clean your yard and maybe a little bit of someone else's. We all have a problem. I think we all have to cooperate, there is no easy answer. A lot of this stuff comes in the middle of the night and we don't know where it comes from. If people know they are going to be fined when they're caught, I think it will stop or at least slow down. PLINNEY TUCKER-What I'm saying its not a very healthy situation. COUNCILMAN POTENZA-That was my complaint last spring about the appearance of the Town. As good of a reputation that the Town of Queensbury has when you drive around and you see garbage on the streets, people notice that, that was my concern. I kind of thought it was the Highway Department to handle this situation. I agree with you, your right I would love to be able to have this Town solvent enough so that we could afford another department to pick it up. We're not quite that solvent. The responsibility along with the Town's responsibility must lay with the individual responsibility. I know it doesn't work but in other communities it works, other communities they have clean up days where everybody gets out and rakes a certain section of the highway. There are other options rather than salaried employees of the Town. SUPERVISOR BORGOS-That's one of our problems we want to do all these things we're limited by money, we're limited by time, we're limited by new proprieties that come in every few minutes. 200 COUNCILMAN MONAHAN-1 know where Lynn is coming from. Unless the people themselves get involved they give the dirty looks to the people who are throwing their garbage then everybody is going to keep throwing their garbage, people have got to get involved, or else their going to say why should i go if we're paying taxes for someone to go out and clean it up. SUPERVISOR BORGOS-If we can get some descriptions of cars, license numbers, and an identification of the person driving the car then we call the Sheriff's Department. COUNCILMAN MONTESI-Maybe the word is "pride in your community", that's part of it. PLINNEY TUCKER-1 assume then the Board is going to put forth an effort to get this down. SUPERVISOR BORGOS-Absolutely, if you remember at the beginning of the meeting 1 reminded everybody about the dump rule and regulations which would be the anti-littering type thing. PLINNEY TUCKER-Lets' go back 15 months, i asked you about the Ashton property on West Mountion Road. SUPERVISOR BORGOS-Mr. Hatin can tell you I spoke with him again yesterday after a series of letters. Maybe Mr. Hatin, can tell you what stage we're at now. DAVE HA TIN-As it stands a week ago I talked to Dennis Phillips, whose the Attorney for Bob Ashton, who owns the property. To my knowledge he was going to call Bill Threw who was going to take down the structure, that was suppose to happen immediately. I have been in contact with Bill and haven't heard back from him, in fact I had a called into him yesterday. As for as the clean up of the cement goes and baring that, I was told and Steve was told something different, that D.E.C. is going grant a permit, burying all that stuff in the retention pond that is there now. SUPERVISOR BORGOS-1 was told by D.E.C. last week that it probably will not happen, but rather the property is going to have to be cleaned up DAVE HATIN-I have another call into Dennis Phillips to get some clarification on it. SUPERVISOR BORGOS-We're riot doing anything, it just takes a long time.. PLINNEY TUCKER-Asked if Attorney Paul Dusek, could get information for a taxpayer? SUPERVISOR BORGOS-!f it relates to Town business. PLINNEY TUCKER-First question, the situation that we have with George Kurosaka, could you clarify for me what would be the way to straightened it out so that this couldn't happen again? I'm quite concerned and there are people in the Fourth Ward that are quite concerned that we don't have representation. When it was Councilman at large we didn't have it that's how come we went to the system that we have now. I understand George's situation, whatever he needs give it to him, but this is not good Government. The other question is, can the Supervisor's on the Warren County Board of Supervisor's be elected according to Ward's? PAUL DUSEK-The second question I really don't know the answer to. The first question is that when a Councilman or any Representative is elected the law basically says he has been elected, he's been put in there, in fact there has been not in New York State but in some States, Representatives in some capacities being in jail at the time there actually elected to office and people put them back in. The mechanism for dealing with Representatives if you feel you have questions about is that once their into office the law really says that their in there until they basically say they want to leave or get out, there maybe some procedures and I know at one point when you raised this question we looked into that a little bit as to what to do, which I can't recall at hand, I can check that out. I would say as a rule once a Representative has been placed in the election is the next time that you really deal with that problem. COUNCILMAN MONAHAN-It would really take a change in your New York State Election Law as it pertains to Town. PLINNEY TUCKER-Asked if Paul would look this up? PAUL DUSEK-Yes. COUNCILMAN MONTESI-I have two comments, first today 1 filled in for Betty Monahan who Chairs the Landfill Committee regarding testing of the wells that are around the landfill. Asked that a Workshop Session should be set on the landfill to see where we're going in the next three years. 201 SUPERVISOR BORGOS-Agreed to Workshop Session, but our big problem is that we're dealing with the State of New York. Everyone should be reminded that we have no permit for the landfill at its present state, no landfills in Warren County have a permit. We're all in technical violation of the Department of Environmental Conservation Rules and Regulations, further than that we they've revoked permission for all the stump dumps and the all the leaf and rubbage and demolition and construction material dumps throughout the State, in particularly everyone that was operating in this area. The State of New York will not entertain a proposal of any sort concerning the landfill. COUNCILMAN MONAHAN-1 would like everyone to be aware that the samples that are taken from the test wells in the landfill are not tested by any organization or any arm of our government, they are sent to an independent environmental type laboratory and when the well at the Ridge Road park was tested that was sent to a different laboratory, so we have two laboratories that have been testing the results there. A comment on BISON, they tell you all these things that you can't do but they never give you any solutions. SUPERVISOR BORGOS-The only point I was trying to make is that we like to do a lot of these but we can't do them. PA UL NA YL OR-What I like to say, is that we're in the process of cleaning up the dirt off the roads and if our newspaper friend would tell the taxpayers not to put it up in the piles because the sweepers can't pick it up leave it just like it is let us do it if he would. COUNCILMAN MONTESI-We as a Town Board have all received our copies of the Engineer's Report for a 10 million gallon a day addition to the Water Treatment Facility dated in March. Again I would like to call for a Workshop Session with Tom Flaherty, the Town Board, the appropriate A ttorney's, and the Engineer, and sit down and make sure everyone on this Town Board understands this prior to going to a Public Hearing so that we can then address that to the public. I think its important that we all understand with Tom Flaherty and his assistant Ralph, some of the alternatives that we can look at. This is a 10 million gallon expansion that would put our Water Treatment Plant to 15 million gallon a day facility and would look like it would handle our immediate needs for our community and some needs for some adjoining communities. BILL BODENWISER-Owner of the Alpenhous Motel. In the past few weeks I've been trying to address the subject on the sewers. I have heard that some things were coming up for possible passage by this Board to increase the size of the Sewer District, including the section going up by my premises. We did have some floods of our sewers as there standing now on Lafayette Street, it hasn't diminished a bit with a little bit of water we had at the end of the storm it was still pouring out of there. SUPERVISOR BORGOS-I'm well aware of that but what you should know at that point the sewer is blocked. It is intentionally blocked because the rest of the pipe is not completed. COUNCILMAN MONTESI-No one is tied into those sewer lines, the pipe is in the ground put none of the people have tied into that because it doesn't go any place. BILL BODENWISER-I don't quite follow you. We pay thousand's of dollars for that contractor to wrap that mess up down there and now your telling me that's not connected in the sewer. SUPERVISOR BORGOS-That's correct. COUNCILMAN MONTESI-There are two things. 1. One of the unknown that happened that cost us probably two weeks is that they found as they we're going down the road two 5,000 gallons tanks that they didn't know whether they had oil, water, or gasoline, in the ground that were unaccounted for. D.E.C. got involved in that and that cost the Sewer District $17,000 and two weeks of delay to get those tanks out of the ground. BILL BODENWISER-What does that have to do with Lafayette Street? SUPERVISOR BORGOS-Its all part of the some contract. BILL B ODEN WISER-There going up and down Route 9 with that piece, there not going on Lafayette Street. i COUNCILMAN MONTESI-They tie into Lafayette Street, which ties into Quaker Road, which goes to the Meadowbrook Pump Station, none of this goes into the City through Glens Falls, it all goes through Bay Street. BILL BODENWISER-The D.O.T. questioned the ability of our Sewer System except what's already built. SUPERVISOR BORGOS-I've attended those meetings, I believe that's been straightened out A 202 I now. BILL BODENWISER-I'm looking at close to bankruptcy in my place and I listen to other people tell their stories. If we're going up the hill we're apparently going to have to take in Robert Gardens from what I understand. SUPERVISOR BORGOS-My guess is it has to be Robert Gardens or there won't be a Sewer District. s BILL BODENWISER-We reviewed this with our accountants, we checked what we're doing as a small business there, and several people left and right of me, there are two people on one side of me who have a system that is pumped out every day, so I'm very concern because ` it runs under my property, and if it does it again the Health Department tells me I can close j them and I don't intend to do that at all. Every morning at 5:30 a.m. there is a pump truck there pumping out Pizza Hut, and the fish place, you can imagine the money that it is costing them. I appreciate i t as a business person, but in turn there are a lot of people all the way up the line including the Ponderosa, and Lums, that have put new septic systems in over the " '+ past few years, I don't see the extension of the district if we can't pick up Robert Gardens. SUPERVISOR BORGOS-1 think its already been determined that we're going to have to hold a Public Hearing, but the Board in open workshop session a couple weeks ago came to the conclusion ! immediately that Robert Garden Apartments must be in that Sewer District. i BILL BODENWiSER-Thank you, that's what I wanted to know. COUNCILMAN MONTESI-Its very frustrating sitting in on that sewer Chairmanship that I sit on that we will come across a land owner in Queensbury, that says I don't want you to dig in front of my property, the State of New York says you can't be on the roadway, you can't be in the road easement, you have to be off to the side of the road. BILL BODENWISER-Why are we going into a tremendous debt service when we have water that belongs to us and we're selling it to other people. COUNCILMAN MONTESI-I not sure we're going into a big debt service. One of the these that our D.E.C. permit let's us pump out of the Hudson River which the river belongs to the State of New York, or to everyone, says that we have to accommodate some of the needs of our neighboring communities, now to what degree it doesn't say that. As Queensbury expands its Water Treatment Plant, the City of Glens Falls is also looking at some alternatives. One of them is to put their own plant in to filter their water to meet the 1990 standards or maybe to buy into our plant. BILL B ODEN WISER-These are not concrete things that have come across the Board that there sitting down and telling you we're ready to go, we'll sign contract to this, right? SUPERVISOR BORGOS-Those are the kind of questions that hopefully will be answered by the time we have the Public Hearing in writing. COUNCILMAN MONAHAN-Also we have staring at us the rapid growth of this Town and the use of the water right here. COUNCILMAN MONTESI-Our plant is a 5 million gallon a day plant, for every single day of the year on the average day we use 21 million gallons a day. For seventeen days last summer we used 7 million gallons, our plant exceeded and was able to maintain a high quality water standards for seventeen days. That's a pretty interesting set of figures, do you build a plant to accommodate those big peaks in the summer, maybe you don't have to build a plant as built, maybe what you have to do is to provide a couple more water tanks in Town to accommodate for that peak flow. We're working on the alternative of that. What's really here and now for me to deal with is as a representative of you, of the Town of Queensbury, what are we going to need. PLINNEY TUCKER-The Water District belongs to the members of the district right? SUPERVISOR BORCOS-Right. There are several water districts. PLINNEY TUCKER-These would be the people involved in the say of whether you enlarge that plant or not, is this correct? PAUL DUSEK-The Water Plant is part of the Queensbury Consolidated Water District, which is comprised of several districts. It is my belief that it would be that consolidated district. SUPERVISOR BORGOS-There is a consolidated district plus still several independent districts that are not consolidated. 203 COUNCILMAN MONAHAN-I don't think they have ownership into the plant. SUPERVISOR BORGOS-Not to the plant at the present time. PAUL DUSEK-They buy in for a capital contribution, but then the district itself is the one who runs it's own facilities. PLINNEY TUCKER-The original Queensbury Water District isn't it? COUNCILMAN MONAHAN-Plus some other districts that have been merged into it for over a period of years. They have been merged to become a part of that district. PLINNEY TUCKER-Have bought into the plant? SUPERVISOR BURGOS-Yes. PLINNEY TUCKER-These are the people who would have the say so. SUPERVISOR BORGOS-The Attorney indicates just those people in those districts. PLINNEY TUCKER-That takes of that, your going to have a Public Hearing on it? SUPERVISOR BORGOS-Absolutely. PLINNEY TUCKER-Stump dump. I'm in the building business when you build a house you have to take trees down, you haven't got a place to put them. SUPERVISOR BORGOS-We have three different entrepreneur's at the moment working to resolve this, plus the Town is working on something, we should have some answers Wednesday, or Thursday. Two entrepreneur's are looking at tree and stump grinders machines, one person is looking at a big burning unit, it will burn up the trees at a very high temperature, it can be moved to different locations or it can go in one place. COUNCILMAN MONAHAN-Asked it would be making any use of that energy? SUPERVISOR BORGOS-The proposal just at the moment is just to dissipate it. Either the contractor's will have the trees carted to that burning unit, or those units will go on site for big jobs. Those are two things that are very much in the works at the moment. PLINNEY TUCKER-Asked about Drellos's place? SUPERVISOR BORGOS-That has been shut down by the D.E.C. PLINNEY TUCKER-1 like to point out to you that the City of Glens Falls has one on Sherman Avenue and that is not shut down. SUPERVISOR BORGOS-It was and its now open again. The law says that if the Town wanted to use its own land and pick up with Town equipment anybodies trees and the Town brings it by itself it can do it without any controls at all, that's what the City is doing. COUNCILMAN MONAHAN-This was the point I was making. D.E.C. comes out with all these rules and regulations and they only do one hand of it. They come out with the rules and regulations before they find a solution. OPEN FORUM CLOSED 9:10 P.M. i RESOL UTIONS RESOL UTION TO APPROVE MINUTES RESOLUTION NO. 197,lntroduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: RESOL VED, that the minutes of the Queensbury Town Board of February 28th, March 14th, 15th, and 23rd, 1989 are hereby approved. Duly adopted this 11 th day of April, 1989 by the following vote: A YES: Mrs. Potenza, Mr. Montesi;Mrs. Monahan, Mr. Borgos 204 NOES: None ABSENT: Mr. Kurosaka ABSTAIN: Mrs. Monahan on 3-15-89 and 3-23-89 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR CONSTRUCTION AND INSTALLATION OF A FENCE FOR RIDGE ROAD PARK RESOLUTION NO. 198,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting for the construction — and installation of a fence and the supplying of all materials, including the fencing, labor and equipment to install fence enclosures for outside perimeters/softball fields, at Ridge Road { Park, Jenkinsville Rood, Queensbury, New York, us more specifically indentified in the proposed contract documents submitted to this meeting, and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory Requirements, and the requirements set forth in the bid documents presented at this meeting, { s NOW, THEREFORE BE IT RESOL VED, that an advertisement for bids for the construction and installations of a fence and the supplying of all materials, including the fencing, labor and equipment to install fence enclosures for outside perimeters/softball fields, at Ridge Road Park, Jenkinsville Road, Queensbury, New York, pursuant to the terms of the said proposed bid documents, be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until, but not later than, April 24, 1989, at 2:00 p.m., and that the bids will be publicly opened and read at 2:05 P.M., by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 P.M., April 24, 1989, read the some aloud, and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this llth day of April, 1989, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD COUNCILMAN MONA HA N-Asked Harry Hansen, if the outside perimeters/softball fields, were just for the outside perimeter of the softball fields or if they are just for the outside perimeter of the whole park and the softball field? HARRY HANSEN-It is just for the outside perimeter of the softball field. SUPERVISOR BORGOS-Added that it appears that the State Police Station Bid should be ready to be advertised in the next couple of days. RESOL UTION OPPOSING LOW LEVEL RADIATION DISPOSAL AREA iN WASHINGTON COUNTY RESOLUTION NO. 199,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, Governor Cumo has appointed a Low Level Radioactive Waste Siting Commission to develop a disposal area for low level radioactive materials generated within New York State, �05 and WHEREAS, the Towns of Hartford and Fort Ann in Washington County have been indicated as among the prospective areas named by the Commission as possible disposal areas, and WHEREAS, the Washington County Board of Supervisors has adopted a resolution indicating opposition to the disposal of low level radioactive waste in Washington County, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury expresses its opposition to the consideration of any such disposal area in Washington County, as the most probable route r fo _ the transportation of a majority of the low-level radioactive materials would be to use a combination of highways known as New York Route 87, Route 9, and Route 149, portions of which are located in the Town of Queensbury and in areas in which several retail businesses are located and which tend to be heavily traveled, and BE IT FURTHER, RESOLVED, that copies of this resolution be sent to the New York State Low Level Radioactive Waste Siting Commission, Governor Cumo, Assemblyman Kelleher, and Senator Stafford. Duly adopted this 11th day of April, 1989, by the following vote: t A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos w NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD i SUPERVISOR BORGOS-Attached is a letter to Washington County, just explaining our concerns j about the routing of this traffic. We have in the past had at least two incidents of hazardous waste that I'm aware of at the intersection of Route 9 and Route 149, which in one case we had to evacuate several buildings. It is a rough spot and my concern is that we may another ' incident there if we greatly increase the traffic. i would asked for your vote in favor of this. COUNCILMAN MONAHAN-I was very pleased to see the statement that you issued, and have received communication from some friends of mine in Washington County who wrote to me asking if we would take formal action to support their action what their doing over there. SUPERVISOR BURGOS-Enre con send th.,-rn a copy and give the press a copy. to. RESOLUTION CONCERNING COMPREHENSIVE RECORDS RETENTION AND DISPOSITION SCHEDULE RESOLUTION NO. 200,Introduced by Marilyn Potenzo who moved for its adoption, seconded by Betty Monahan: WHEREAS, the New York State Archives and Records Administration (SARA) has issued a new comprehensive records retention and disposition schedule for local government records in New York State, and WHEREAS, the Town Board of the Town of Queensbury must adopt the new schedule promulgated by the New York State Archives and Records Administration or keep all records indefinitely, and G WHEREAS, the Town Board of the Town of Queensbury desires to adopt said new schedule, NOW, THEREFORE, BE IT RESOL VED, by the Town Board of the Town of Queensbury that Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts & Cultural Affairs Law, and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein, and BE IT FURTHER, RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Records Retention and Disposition I i 206 } „j i Schedule MU-i after they have met the minimum retention period prescribed therein; € 1 (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montest, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO CONDUCT WALKATHON RESOLUTION NO. 201,introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct F a Walk America 113 Mile Walkathon as follows: r SPONSOR: March of Dimes Birth Defects Foundation z EVENT: Walk America 13 Mile Walkathon DATE: April 29, 1989 PLACE: Adirondack Community College - right on Haviland Road, right on Meadowbrook Road, left on Dix Road, right on Quaker Road, right on Warren Street, follow 9L, left ' on Maple Street, right on Bay Road, left on Sanford, right on Route 9 around Crandall Park, right on Fort Amherst Road, left on Bay Road, ending at Adirondack Community a College; t NOW, THEREFORE, BE IT F RESOLVED, that the Town Board of the Town of Queensbury hereby gives permission, to hold the Walk America 13 Mile Walkathon in the Town of Queensbury, as it has received proof of ' insurance and a hold harmless agreement, from the March of Dimes Birth Defects Foundations, and BE IT FURTHER, RESOLVED, that the Town Clerk be directed to notify the Warren County Sheriff's Department "f s u c h C n C'.'r! t. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION IN THE MATTER OF THE PROPOSED LOCAL LAW REGARDING PLANNING REVIEW OF SITE PLAN APPLICATIONS AND PRELIMINARY AND FINAL PLAT APPLICATIONS SUPERCEDING TOWN LAW SECTION 274-A2 AND SECTION 276(3) AND 276 (4). RESOLUTION NO. 202,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has heretofore directed its Town Attorney k and its Special Counsel to study the problem being experienced by the Planning Department and the Planning Board regarding the great number of applications for site plan approval and subdivision approval which are being submitted to the Planning Board and the resulting difficulties in meeting the forty-five (45) day time limitations contained in Town Low Sections 274 (a) # and 276; and I WHEREAS, the Town Attorney with the assistance of Special Counsel, have prepared a draft i Local Law for the consideration of the Town Board by which the forty-five (45) day time limitations contained in the aforesaid Town Law Sections are suspended and the Planning Board is directed to promulagote rules and procedures consistent with said Local Law; and '207 WHEREAS, the Town Board in desirous of conducting a public hearing on said proposed Local Law and publishing and posting a notice thereof. NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Center, Bay at Haviland Road, Queensbury, New York at 7:45 o'clock P.M. on the 24th day of April, 1989 to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law. The adoption of the foregoing order was duly put to a vote and upon roll call the vote was as follows: Duly adopted this Ilth day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monuhun, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION SETTING PUBLIC HEARING ON IMPROVEMENTS TO QUEENSBURY CONSOLIDATED WATER DISTRICT- QUAKER ROAD TRANSMISSION MAIN RESOLUTION NO. 203, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of making certain improvements j to the Queensbury Consolidated Water District, consisting of replacing approximately 10,000 feet of exiting 12" water transmission main with a new 16" transmission main located along Quaker Road from a point at or near the intersection of Quaker Road and Lafayette Street to a point east of Albany Systems in the general vicinity of the former Ciba Geigy Production Plant, the said project being more particularly described and located in a map, plan and report drafted by Quentin T. Kestner, P. E., of Kestner Engineers, P. C., and presented to this meeting, and I WHEREAS, the reasons for the proposed project, as outlined in the map, plan and report provided by Kestner Engineers, P. C., are as follows: 1. During the post l0 years, the Queensbury Water Department has reported breaks in this 12" line especially in the eastern portion. In some instances the breaks appear to be a result of premature deterioration of the water main due to the presence of corrosive soils in this area. 2. The water demands in the Central Business District, especially north along Bay Road and Meadowbrook Road, to serve the Hilond Pork Development and east along Quaker Road toward the proposed Earltown Development; indicate the need for additional capacity and greater water service reliability. 3. Enlargement of the main from 12" to 16" will increase the available fire flow to the proposed Earltown Development by an estimated 500 gallons per minute. 4. The Worren County Department of Public Works has recently proposed the widening E of Quaker Road between Lafayette Street and Ridge Road, and this project will locate paved rood surface directly over the location of the existing 12" line. This situation raises concerns about the accessibility and expense of repairing any breaks in the 12" line, and WHEREAS, the maximum amount proposed to be expended for said improvements shall not exceed the sum of $1.5 million dollars, and WHEREAS, the expense occasioned by the said improvements to the Quaker Road Transmission Main is to be assessed, levied, and collected from several lots and parcels of land within the said water district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom, NOW, THEREFORE, BE IT f ORDERED, that a meeting of the Town Board of the Town of Queensbury be held in the Queensbury Activities Center, Bay at Haviland Road, Queensbury, New York, on the 24th day of April 1989, at 7:45 p. m., to consider said improvement and to hear all persons interested in the subject thereof concerning the same, and for such improvement project as may be required by law, and BE IT FURTHER, ORDERED, that the Town Clerk of the Town of Queensbury give notice of such hearing by . 208 f publishing in the official newspaper of the Town of Queensbury a certified copy of this resolution and by posting certified copies of this resolution in five (5) public places within said Consolidated Water District in the Town of Queensbury not less than 10 or more than 20 days before such hearing. Duly adopted this llth day of April, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka i DISCUSSION HELD COUNCILMAN MONTESi-Lafayette Street on Quokcr Rood, and Lafayette Street the 16" transmission } line which comes from our Water Treatment Plant underneath the Northway stops and becomes a 12" line, it continues as a 12" line until it gets towards Quaker Road in front of Albany Engineering and becomes a 16" line again. I don't think that anyone did a bad job, years ago when they didn't continue the 16" all the way, the fact of the matter is, that the 12" line that was on Quaker Road every single residence or business that was tied into that line was structual sound ' at the time it didn't have a big baring on it, that line was able to handle the flow of water down Quaker Road to Ciba Geiby and all the residents along there. What has happened in the last four or five or six years is that we found some breaks as, Quentin Kestner, points out some premature failures and deterioration of the line due to corrosive soils in the area. Along with that when they decided to widen Quaker Road this year we sat down with Roger Gebo, and Fred Austin, and talked about the fact that this 12" line that has some variability was going to be under Quaker Road and that's not such a very good idea with the fact that we're going to be repaving Quaker Road. We told them about our concerns, we told them about the 16" line that we would like to run along Quaker Rood, and one of the nice things that has happened both Fred Austin from the Warren County Public Works, and Roger Gebo from the Engineering Department, have been extremely helpful in putting this program together. Their will never be a time that it will cost us less to run this 16" line than this summer while the County is widening the roods. We will be able to use all of their ENCON permits to go under around and over brooks, all the easements that they have gotten for widening Quaker Road we will be able to put those lines in those easements, all of the trenching that is going to be done for the back filling of Quaker Road widening of it we will be there, the only difficult thing is that its a matter of timing we need to have this Public Hearing. RESOLUTION TO AMEND BUDGET TO PA Y FOR MT. HERMON CEMETERY FENCE REPAIRS RESOLUTION NO. 204, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, during 1986 and 1988, checks were received from insurance companies for the repair of the fence at Mount Hermon Cemetery and these checks were deposited in the cemetery account, and WHEREAS, pursuant to law the funds were not carried over in the account, and WHEREAS, the fence was not repaired during those years, but rather, repaired on or about February, 1989 by National Welding Company, Inc., and a bill for the repair has now become due, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Town of Queensbury 1989 budget to increase the appropriations in account number C2458810440 (Cemetery - Contractual) in the amount of $4,211.65, and increase appropriated fund balance account number A 3310599 in the amount of $4,211.65, and BE IT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the aforesaid repair and payment of the some upon receipt of a properly prepared voucher. Duly adopted this 11 th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None 209 ABSENT:Mr. Kurosako RESOLUTION FOR MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK AND THE TOWN OF Q UEENSB UR Y FOR THE PERIOD OF JA N UAR Y 1, 1989 TO DECEMBER 31, 1989 RESOLUTION NO. 205, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: WHEREAS, a Memorandum of Understanding between the Department of Environmental Conservation of the State of New York and the Town of Queensbury establishing an agreement of cooperation between the parties under Section 150501 of the Environmental Conservation Law has been presented to this meeting. NOW, THEREFORE, BE IT RESOL VED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to sign the aforesaid Memorandum of Understanding on behalf of the Town of Queensbury, and BE IT FURTHER, RESOL VED, that a copy of the executed memorandum shall be filed with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, RESOL VED, that this Memorandum of Understanding shall take effect immediately upon its acceptance by the Department of Environmental Conservation. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO. 206, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, an agreement between the Warren County Office for the Aging and the Town of Queensbury has been proposed whereby the Warren County Office for the Aging would pay the sum of $5,962.00 and the Town of Queensbury would in return provide certain needed services for adult 60 years of age and older, and WHEREAS, a copy of the aforementioned agreement has been presented to this meeting for approval by the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves of the agreement and hereby authorizes and directs the Town Supervisor of the Town of Queensbury to execute the agreement on behalf of the Town of Queensbury and place the corporate seal upon the same. Duly adopted this Ilth day of April, 1989, by the following vote: j A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka RESOLUTION AUTHORIZING IDEMNIFICATION OF THE PEOPLE OF THE STATE OF NEW YORK FOR CLAIMS ARISING FROM USE OF STATE RIGHT-OF-WAY RESOLUTION NO. 207, Introduced by Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos: 210 WHEREAS, the Town of Queensbury is permitted use of certain State Right-of-Way as described in a permit for use of state-owned property for the purpose of installing and maintaining casing pipe, and WHEREAS, the Town of Queensbury is agreeable to provide evidence of General Liability Insurance Coverage issued by an insurance carrier licensed to do business in the state of New York, for the protection of the People of the State of New York and Permittee in the amount of $1,000,000,00, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby agrees to defend and indemnify the People of the State of New York against any claims, suits, demands of claims resulting in property damage occurring on or in the proximity to the permit area if said claims, suits, demands, or claims resulting in property damage arise as a result of any negligent acts or omissions on the part of the Town of Queensbury, its agents, servants, employees, and assigns, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes by resolution that the Town Supervisor sign this Indemnification Agreement on behalf of the Town of Queensbury. Duly adopted this 11 th day of April, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD PAUL DUSEK-We have a letter from the Insurance Carrier relative to this. 1 gave them a copy of the Resolution, I advised them of the situation, they tell me there will be a further expense of $250.00. SUPERVISOR BOR GOS-This is to permit us to do our borings under the road so we can run the sewer and water pipes. RESOLUTION ADDING ADDENDUM NO. 4 TO APPROVED PLAN & SPECIFICATIONS FOR CONSTRUCTION OF GENERATOR BUILDING AT THE QUEENSBURY WATER TREATMENT PLANT FACILITY RESOLUTION NO. 208,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury on behalf of the Queensbury Consolidated Water District, by resolution no. 150 of 1989, authorized Kestner Engineers, P. C., to advertise for bids for the construction of a building to house electric service and an emergency generator for the Water Treatment Plant Facility, and WHEREAS, Kestner Engineers, P. C., has provided contractum adddendum no. 4 amending and deleting certain previous specifications, a copy of same being presented at this meeting, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby approves contractum addendum no. 4 which shall be attached to and become part of the original plan and specifications and hereby directs that the bidding process be continued. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD SUPERVISOR BORGOS-Requested that the Town Attorney, explain the next series of resolutions, as to what he has done, and why he has done it. 21i � PAUL DUSEK-A short time Harr Hansen ago 9 y , approached me and indicated that there were several recreational projects for the Town of Queensbury, that was desirous of getting accomplished. Some projects for the Gurney Lane Areas, some projects for the Queensbury School lighting for the tennis courts, a project for the south Queensbury Park, a project for the Ridge Road Park, and a project for the West End Park Development. Each of these projects carries various costs, each of these different types of projects has various things that he wanted to do such as, landscaping, blacktopping, installing new recreational facilities, etc. In order to accomplish the projects he needed to do two things; (1) he needed to get this Board's authorization (2) in order to accomplish the projects he also needed funds. There is a capital reserve recreational fund from which is proposed to take the monies out of to pay for these projects. These series of resolutions were designed to do two things; (1) because in some instances these are projects being undertaken which require a SEQRA Review, there is a SEQRA resolution. In one of them you'll note that says, "its a type two action", which means there is no SEQR Review necessary (2) the second thing the resolutions due after getting over the SEQRA process is to then authorize the project, it directs the Town Supervisor to create a separate capital fund so that the money will be token from the reserve fund placed into a separate capital project fund for this particular project authorized by that particular resolution. The resolution also provides that in the event there is any money left over after the project has been completed or in the event the project was not completed at all the money will be returned to the reserve fund. The next thing that { the resolution does is indicates that this a proper expenditure under the reserve fund, and it also indicates that each one of these resolutions will be subject to a permissive referendum, this is required by the law as you take money out of the capital reserve fund. SUPERVISOR BORGOS-Thank you. As I understand it the recommendations here in dollars in the projects, are those recommendations of the Recreation Commission, is that correct? i HARR Y HANSEN-That's true. If you remember we brought this before the Board for the budget process this money was for the project to be put in the budget and it didn't get put in there, but eventually it was said that it would be taken from the capital reserve account, we're trying to do that now. SUPERVISOR BORGOS-That was not put in because this reserve account has been growing for just these purposes and there is no sense of taxing people more when the money was already there. RESOL UTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF RESOLUTION AUTHORIZING AND FUNDING RECREATIONAL PROJECT i RESOLUTION NO. 209,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing and funding a recreational project for the Gurney Lane Recreation Area, development to consist of. 1. new roadway/parking lot/new entry way blacktopping; 2. amphitheater construction; 3. ski/nature trail improvement; 4. park landscaping; 5. new water hydrant/pool fill line; and WHEREAS, the above-proposed project is composed of both enlisted and type 11 actions under the New York State Environmental Quality review Act (hereinafter "SEQRA"), and WHEREAS, a Short Environmental Assessment Form has been prepared pertaining to that part of the project which is on enlisted action and the some has been presented to the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the Short Environmental Assessment Form, NOW, THEREFORE, BE IT RESOL VED, that: 1. the part of the project which contains Type 11 actions needs no further review under the State Environmental Quality Review Act; 2. that part of the project which contains enlisted actions is subject to review under the State Environmental Quality Review Act, 3. a federal agency does not appear to be involved, 212 4. no other state or local agencies appear involved, 5. the project is an unlisted action, 6. the preparation of a short environmental assessment form is satisfactory for the review of the action pursuant to SEQRA, 7. after reviewing the questions on the environmental assessment form, it is hereby determined that the action will have no significant environmental impact, 8. the Town Supervisor is hereby authorized and directed to execute and file as necessary a negative declaration indicating that the action will have no significant adverse environmental impacts. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosako RESOLUTION AUTHORIZING PROJECT AND WITHDRAWAL FROM RECREATION CAPITAL RESERVE FUND RESOLUTION NO. 210,Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments known as a new recreational facility capital construction account, and WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys from the said reserve account in the amount of $158,000.00 for a specific capital improvement and certain items of equipment for the following recreational project: Gurney Lane Recreation Area, development to consist of: 1. new roadway/parking lot/new entryway blacktopping (services needed for project will be construction services only); 2. amphitheater construction (services needed for project will be engineering design services and construction services); 3. ski/nature trail improvement (services needed for project will be engineering design services and construction services; 4. pork landscaping (services needed for project will be construction services and consulting services); 5. new water hydrant/pool fill line (services needed for project will be construction services), and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the recreation project as oforedescribed for the Gurney Lane Recreation Area in the total amount of $158,000.00 for the particular work previously described, and BE IT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to establish a separate capital project fund for the project authorized and BE IT FURTHER, RESOLVED, that the town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $158,000.00 to fund the aforedescribed project; such funds to be placed into the capital project fund to be established pursuant to this resolution, and the Town Board of the Town of Queensbury hereby further directs that in the event there ore funds remaining in said capital project fund after the completion of the project or in the event that,said project is not undertaken, the moneys in the capital projects fund shall be returned to the capital reserve fund, and 21 =' BE IT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby and expenditure for the previously identified recreation project at Gurney Lane t se an withdrawal expenditure for a specific capital project or items of equipment for which the reserve account was established, and BE IT FURTHER, RESOL VED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:h1r. Kurosaka RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF RESOL UTION AUTHORIZING AND FUNDING RECREATIONAL PROJECT RESOLUTION NO. 211,Intraduced by Ronald Alan tesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous do authorizing and funding a recreational project for Queensbury School Joint Project, development to consist of. I. athletic facility lighting, and WHEREAS, the above-proposed action is an unlisted action under the New York State Environmental Quality Review Act (hereinafter "SEQRA"), and WHEREAS, a Short Environmental Assessment Form pertaining to the action has been presented to the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the Short Environmental Assessment Form, NOW, THEREFORE, BE IT RESOL VED, that: I. the action is subject to review under the State Environmental Quality review Act, 2. a federal agency does not appear to be involved, 3. no other state or local agencies appear involved, 4. the project is an unlisted action, 5. the preparation of a short environmental assessment form is satisfactory for the review of the action pursuant to SEQRA, 6. otter reviewing the questions on the environmental assessment form, it is hereby determined that the action will have no significant environmental impact, 7. the Town Supervisor is hereby authorized and directed to execute and file as necessary I a negative declaration indicating that the action will have no significant adverse environmental impac ts. i Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None r ABSENT: Mr. Kurosaka 214 RESOLUTION AUTHORIZING PROJECT AND WITHDRAWAL FROM RECREATION CAPITAL RESERVE FUND RESOLUTION NO. 212,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments known as a new recreational facility capital construction account, and WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys from the said reserve account in the amount of $75,000.00 for a specific capital improvement and certain items of equipment for the following recreational project: Queensbury School Joint Project, development to consist of: I. athletic facility lighting (services needed for project will be engineering design services, construction services, and consulting services); and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the recreations project as aforedescribed for Queensbury School Joint Project in the total amount of $75,000.00 for the particular work previously described, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to establish a separate capital project fund for the project authorized and BE IT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $75,000.00 to fund the aforedescribed project, such funds to be placed into the capital project fund to be established pursuant to this resolution, and the Town Board of the Town of Queensbury hereby further directs that in the event there are funds remaining in said capital project fund after the completion of the project or in the event that said project is not undertaken, the moneys in the capital projects fund shall be returned to the capital reserve fund, and BE iT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal and expenditure for the previously identified recreation project at Queensbury School Joint Project is an expenditure for a specific capital project to items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOL UTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF RESOLUTION AUTHORIZING AND FUNDING RECREATIONAL PROJECT RESOL UTION NO. 213,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing and funding . X15 a recreational project for the South Queensbury Park, development to consist of. I. basketball court construction 2. Park entry sign/planter 3. Park landscaping, and development to consist of: WHEREAS, the above-proposed project is composed of both unlisted and Type ll actions under the New York State Environmental Quality Review Act (hereinafter "SEQRA"), and WHEREAS, a Short Environmental Assessment Form has been prepared pertaining to that part of the project which is an unlisted action and the same has been presented to the Town Board of the Town of Queensbury, and -- WHEREAS, the Town Board of the Town of Queensbury has considered the Short Environmental Assessment Form, NOW, THEREFORE, BE IT RESOL VED, that: 1. the part of the project which contains Type ll actions needs no further review under the State Environmental Quality Review Act; 2. that part of the project which contains unlisted actions is subject to review under the State Environmental Quality review Act, 3. a federal agency does not appear to be involved, 4. no other state or local agencies appear involved, 5. the project is an unlisted action, 6. the preparation of a short environmental assessment form is satisfactory for the review of the action pursuant to SEQRA, 7. after reviewing the questions on the environmental assessment form, it is hereby determined that the action will have no significant environmental impact, 8. the Town Supervisor is hereby authorized and directed to execute and file as necessary a negative declaration indicating that the action will have no significant adverse environmental impacts. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosoka RESOLUTION AUTHORIZING PROJECT AND WITHDRAWAL FROM RECREATION CAPITAL RESERVE FUND RESOLUTION NO. 214,lntroduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments known as a new recreational facility capital construction account, and WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys i from the said reserve account in the amount of 36,000.00 for a specific capital improvement _ and certain items of equipment for the following recreational project: South Queensbury Park, development to consist of: 1. basketball court construction (services needed for project will be engineering design services and construction services); i 2. park entry sign/planter (services needed for project will be construction services and consulting services); and 3. park landscaping (services needed for project will be construction services and consulting services); and 216 WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the - General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the recreation project as aforedescribed for South Queensbury Park in the total amount of $36,000.00 for the particular work previously described, and BE IT FURTHER, RESOL VED, that the Town Bourd of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to establish a separate capital project fund for the project authorized and BE iT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $36,000.00 to fund the aforedescribed project, such funds to be placed into the capital project fund to be established pursuant to this resolution, and the Town Board of the Town of Queensbury hereby further directs that in the event there are funds remaining in said capital project fund after the completion of the project or in the event that said project is not undertaken, the moneys in the capital projects fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal and expenditure for the previously identified recreation project at South Queensbury Park is an expenditure for a specific capital project or items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 11 th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Ktrroscrka RESOLUTION MAKING DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT OF RESOLUTION AUTHORIZING AND FUNDING RECREATIONAL PROJECT RESOLUTION NO. 275,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing and funding a recreational project for Ridge Road Pork, development to consist of: I. Ball field fencing. 2. Born roof repair. 3. Park landscaping. 4. Park entry sign/planter 5. Phase 11 project development; and WHEREAS, a Short Environmental Assessment Form has been prepared pertaining to that part of the project which is an unlisted action and the some has been presented to the Town Board of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has considered the Short Environmental Assessment Form, NOW, THEREFORE, BE IT 21 '7 RESOLVED, that: I. that part of the project which contains Type Il actions needs no further review under the State Environmental Quality Review Act; 2. that part of the project which contains unlisted actions is subject to review under the State Environmental Quality Review Act, 3. a federal agency does not appear to be involved, 4. no other state or local agencies appear involved, 5. the project is an unlisted action, 6. the preparation of a short environmental assessment form is satisfactory for the review of the action pursuant to SEQRA, 7. after reviewing the questions on the environmental assessment form, it is hereby determined that the action will have no significant environmental impact, 8. the Town Supervisor is hereby authorized and directed to execute and file as necessary a negative declaration indicating that the action will have no significant adverse environmental impacts. ! i Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Burgos i NOES: None f ABSENT:Mr. Kurosaka RESOLUTION AUTHORIZING PROJECT AND WITHDRAWAL FROM RECREATION CAPITAL RESERVE FUND RESOLUTION NO. 216,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: i WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments known as a new recreational facility capital construction account, and WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys from the said reserve account in the amount of $72,700.00 for a specific capital improvement and certain items of equipment for the following recreational project: Ridge Road Park, development to consist of: I. ball field fencing (services needed for project will be engineering design services and construction services); 2. barn roof repair (services needed for project will be engineering design services and construction services); 3. park landscaping (service needed for project will be construction services and consulting services); 4. park entry sign/planter (services needed for project will be construction services only); 5. phase II project development (services needed for project will be architectural design services, engineering design services, construction services, and consulting services), and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the l General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the recreation project as aforedescribed for Ridge Road Park in the total amount of $72,700.00 for the particular work previously described, and BE IT FURTHER, 218 RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor of the Town of Queensbury to establish a separate capital project fund for the project authorized and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $72,700.00 to fund the oforedescribed project, such funds to be placed into the capital project fund to be established pursuant to this resolution, and the Town Board of the Town of Queensbury hereby further directs that in the event there are funds remaining in said capital project fund after the completion of the project or in the event that said project is not undertaken, the moneys in the capital projects fund shall be returned to the capitol reserve fund, and RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal ' and expenditure for the previously identified recreation project at Ridge Road Park is an expenditure for a specific capital project or items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION MAKING DETERMINATION OF NO SEQRA REVIEW NECESSARY IN CONNECTION WITH THE WEST END PARK DEVELOPMENT RESOLUTION NO. 217,lntroduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing and funding a recreational project for West End Park development to consist of: 1. Park landscaping/reseeding/fertilizing; 2. New water fountain/piping; and WHEREAS, the .above-proposed action is a Type 11 action under the New York State Environmental Quality Review Act (hereinafter "SEQRA"), and NOW, THEREFORE, BE IT RESOLVED, that the action is not subject to review under the State Environmental Quality Review Act. Duly adopted this llth day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosuku RESOLUTION AUTHORIZING PROJECT AND WITHDRAWAL FROM RECREATION CAPITAL RESERVE_ FUND RESOL UTION NO. 218,Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments known as a new recreational facility capital construction account, and 219 WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys from the said reserve account in the amount of $7,000.00 for a specific capital improvement and certain items of equipment for the following recreational project: West End Park, development to consist of: 1. park landscaping/reseeding/fertilizing (services needed for project will be construction services and consulting services), 2. new water fountain/piping (services needed for project will be construction services and consulting services), and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOI_ VED, that the Town Board of the Town of Queensbury hereby authorizes the recreation project as aforedescribed for West End Park in the total amount of $7,000.00 for the particular work previously described, and BE IT FURTHER, 1 RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs i the Town Supervisor of the Town of Queensbury to establish a separate capital project fund for the project authorized and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $7,000.00 to fund the aforedescribed project, such funds to be placed into the capital project fund to be established pursuant to this resolution, and the Town Board of the Town of Queensbury hereby further directs that in the event there are funds remaining in said capital project fund after the completion of the project or in the event that said project is not undertaken, the moneys in the capital projects fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOL VED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal and expenditure for the previously identified recreation project at West End Park is an expenditure for a specific capital project or items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other actions as may be required by law. Duly adopted this 11th day of April, 1989, by the following vote: s A YES: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka k f. COMM UNI CA TIONS Letter from the Department of Transportation in regard to the change of speed limit from the Northway to Washington County. Speed limits to be reduced to 30 m.p.h. on side roads. REPORTS A. Town Clerk (on file) B. Bldg. and Codes (on file) j REQUEST TO SPEAK TO BOARD FROM DAVE 11A TIN DAVE HA TIN-First issue is the temporary toilet facilities, Local Law No. 2 of 1987. The problem that has come up from owners in order to be a Class A Marina under the Lake George Park 220 Commission, you have to provide 24 hour toilet facilities. Two marinas do not comply with that as of now and they will not have permanent facilities in to open up this spring. What they we're requesting if we can't change this Local Low to allow them in marinas on a yearly basis that they be exempted or get a variance for that this year until they can put permanent facilities in. SUPERVISOR BORGOS-You indicated that these are on Lake George, under the present moratorium on Lake George would these be permitted by the Park Commission? DAVE HA TIN-Yes they would. SUPERVISOR BORGOS-They would permit the construction of permit ones, would they permit _ the placement of these temporary ones? DAVE NA TIN-Pat Collard, Zoning Administrator, has been in touch with the Park Commission, they said they would allow temporary toilet facilities on this type in lieu of not having a permanent facility. COUNCILMAN MONAHAN-1 think some of the residence are going to have a problem with this, I wonder if in the Town we want to see these, as a result of this are we going to be seeing a lot of other marinas that don't have to meet the permit. DA VE HA TIN-You won't see anymore marinas without them going to the Planning Board. My biggest concern right now is that they have no permanent facilities, the Park Commission is requiring them to, these people are willing to go this route and maintain them. SUPERVISOR BORGOS-You're saying that there is no time to have permanent ones built? DAVE HA TIN-They won't get them in right away and the season is here. SUPERVISOR BORGOS-What if we were to just think about granting permission provided that those people by a certain date file an application for building permit to put the permanent ones on? DAVE HA TIN-That may be an alternative. COUNCILMAN MONTESI-Asked if a holding tank was an alternative in a permanent facility? — DA VE HA TIN-That's what you are going to see. COUNCILMAN MONAHAN-Our sewage septic ordinance which is relative to holding tanks has to be strengthen. DAVE HA TIN-Rist Frost has contracted with the Town to do that right now. COUNCILMAN MONTESI-Obviously on a marina which is located near any of our assuming bodies of waters or lakes if permanent facility would best serve the environment by being in a holding tank. COUNCILMAN MONAHAN-If we are going to allow temporary toilet facilities are we going to limit the number that they can have there? DAVE HA TIN-All they have to do is provide one. SUPERVISOR BORGOS-My concern is that they would go the temporary route forever and I don't want to see that. I would go along with it on a temporary basis if the law provides us to make this exemption. PAUL DUSEK-1 think the Local Law is very firm . . . DAVE HA TIN-It doesn't allow for temporary placement in a marina. Five days is the limit — right now. PAUL DUSEK-You would have to amend the Local Law. SUPERVISOR BORGOS-We would have to have a Public Hearing to amend the Local Law and we don't have anything drafted or do we? PAUL D USEK-Not yet. COUNCILMAN MONAHAN-We had some situations that were very troublesome and that's 221 why we decided against the temporary facilities. DAVE HA TIN-My feeling is that if we do have a problem the enforcement is there and I can also go to the Park Commission if I do have a problem with getting compliance and they revoke their permit. In the Local Law right now there is a $200 a day fine if I can enforce it. COUNCILMAN MONAHAN-This is going to have to have a clause in it that says you can only have a temporary facility only for a certain period of time and a limit on the number. SUPERVISOR BORGOS-Would it be the consensus of this Board that we establish a Public Hearing for the purpose of amending this to permit the use of temporary facilities not to exceed two per business location with the understanding that at the time that those are established the owner of the property submits on application for the construction of permanent rest rooms and at the some time submit a bond in the amount of $70,000 to insure that it will indeed be constructed. COUNCILMAN MONAHAN-1 think that they ought to have there plans before they approve the facilities at the time they apply for the temporary. UNKNOWN-Asked if these temporary facilities have to be handicapped accessible? SUPERVISOR BORGOS-The new ones permanent one have to be. We will have to look into this. DA VE HA TIN-This came up with John Sal vator, on Lake George, by State Law he does not have to provided handicapped excess. COUNCILMAN MONAHAN-Why can't we put this into the Local Law that when the permanent facilities go up they must be handicapped accessible? DAVE HA TIN-The Local Law only pertains to temporary toilet facilities not permanent. SUPERVISOR BORGOS-The idea behind this, is yes you can have a temporary provided that your working towards getting that permanent one in. DA VE HA TIN-I'm saying that doesn't apply to someone who is not seeking temporary? _ SUPERVISOR BORGOS-Right. Only for someone who is seeking permanent. PAUL DUSEK-What I will propose to do is to draft something up and pass it to the Board and then I will investigate this handicapped part of it and see what we can do in that area as well. SUPERVISOR BORGOS-A year or so ago, there was a proposal to require business licenses in the Town of Queensbury, for a bunch of reasons and the proposal fell on its face the first night and has not been resurrected. Mr. Hatin is going to talk to us about a proposal not to license business, just to register business, so we know where the businesses are, so we can find out if the sales tax is being reported properly, the fire marshal can inspect the premises, and the building department can inspect that. Its a one time fee automate registration not a license. DA VE HA TIN-We have had a lot of problems with businesses coming in that we don't know about. There is also a requirement by State Code, that the fire marshal inspect most places a minimum of once a year, summer more. What I'm asking for this Local Law to do is to put businesses on notice basically; (7) that they have to register with the Town so we know they are in Town (2) that we will let them know at the time they register that there are certain i conditions they will have to meet to be a business in this Town (3) it is also a way for the fire marshal to keep accurate records of what business are active and what business are not here anymore. Your looking at the one time fee so it would basically cover the paper work of getting them registered. i SUPERVISOR BORGOS-Would you propose to exempt the people who sell Mary Kay products out of there home? DAVE HA TIN-We're looking at business that take permanent occupancy in a structure. SUPERVISOR BORGOS-We have to have some kind of a definition. Perhaps we can come up with a list of exceptions. COUNCILMAN POTENZA-What time limit are you going give on this? DAVE HA TIN-I'm looking at every business that is in the Town right now that register, probably within six months we would request that they register. There will be some legal ramifications 222 in this Local Law if they don't. COUNCILMAN MONAHAN-We have a onetime registration fee this is going to let you know about them, but what mechanism are we going to have to let you know their leaving town? BILL BODENWISER-You have to set something in the gears of what were trying to do. SUPERVISOR BORGOS-We have consensus of the Board that we need something in this area and we perhaps should be working fairly quickly on a new rule. PAUL NA YL OR-This area is the worst for contractors digging up cables, and the power company, and gas company, and the telephone company. This is where contractors are coming in and nobody knows who they are and then their gone. You have to register them in our area so we can keep track of them. t COUNCILMAN MONTESI-Wunderlich Construction is doing our sewer project should they be registered? fi PA UL NA YL OR-They should be registered. i COUNCILMAN POTENZA-The best point that was made to me is that you go into these private homes or into these garages because of the fire hazards. There is an awful lot that is going on that people aren't aware of. COUNCILMAN MONAHAN-1 think that you have to have some definitions in here, what are t you calling a business? DA VE HA TIN-We definitely have a long road to go with this. C COUNCILMAN POTENZA-1 don't believe in licensing but registration I don't have a problem i with. DAVE HA TIN-We may be looking at two different lows, one that pertains to what Paul is talking about, and one that pertains to businesses that fire marshal will deal with. I think i would want to separate those two because there not really the same. SUPERVISOR BORGOS-Asked that they proceed on this and pass this through the legal frame E work. I RESOLUTION TO CHANGE LOCATION OF MEETING ROOM i RESOLUTION NO. 219,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to select the location in regard to the meeting of April 24, 1989. Duly adopted this 11th day of April, 1989, by the following vote: ' A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i NOES: None t ABSENT:Mr. Kurosako E DISCUSSION HELD s. PAUL DUSEK-Asked about the parking situation on Rockhurst Point. SUPERVISOR BORGOS-I have gotten phone calls and letters stating people want no parking on Rockhurst. Its a traffic hazard, a fire hazard, ambulance hazard, but there may be no other place to park but on the road. COUNCILMAN MONA HA N-Asked Paul Naylor how for the no parking goes up on Rockhurst f Point. PAUL NAYLOR-Just pass the telephone booth. COUNCILMAN MONAHAN-Just pass the marina? PA UL NA YL OR-Right. There is just no place to park. r: p. ll� ,223 SUPERVISOR BORGOS-Asked each member of the Town Board to consider this and when they get a minute to go up and take a look at the road. COUNCIL MA N MON TES!-Asked Paul Naylor when he would have his list ready for the road paving? PA UL NA YL OR-Its already done. RESOL UTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 220,lntroduced by Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos: RESOL VF_D, that the 1989 Regular Audit showing on abstract on April 11, 1989 Numbered from 89-284 and 89-869 and totaling $301,618.60, be and hereby is approved. Duly adopted this 11th day of April, 1989, by the following vote: A YES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. K urosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 221,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: RESOL VED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss the following: I. Personnel problem related to a specific person 2. Real property acquisition 3. Potential litigation concerning Sewer District matters Duly adopted this Ilth day of April, 1989, by the following vote: A YES: Mrs. Potenzo, 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-Town of Queensbury