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1989-02-14 105 TOWN BOARD MEETING REGULAR MEETING FEBRUARY 14, 1989 4:48 P.M. BOARD MEMBERS PRESENT: Supervisor Borgos Councilman Marilyn Potenza Councilman Ronald Montesi TOWN ATTORNEY Paul Dusek MEMBERS ABSENT: Councilman Betty Monahan Councilman George Kurosaka PRESS: Glens Falls Post Star WENU PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA OPEN FORUM ELEANOR BACKON-331 Ridge Street, Sewer District. Ouestion's bill received for part of her property. The property sets back 200 feet from Ridge Road, has no water. The land in question is 1.9 acres of back land has never received a water bill on it. The bill received is $431.00 which she feels is out of reason. Question's another piece of her land on Ridge Road, this piece of property has no water, pays no water on this piece of land which is 74 by 200 feet, the bill on this piece is $31.94. SUPERVISOR BORGOS-The reason for that one parcel being assessed so high is because of the formula that is used which is 1/3 of the total to he raised for the district based on the acreage of the district, 1/3 based on the assessed valuation of the district, and 1/3 based on on water consumption,whereas, a year ago everything was based strictly on assessed valuation. The new sewer rent law which took effect this year after the public hearings indicated that going back to the original recommendation of the engineer's in 1984 or 1985 when the sewer district was approved the formula really should be 1/3rd, 1/3rd, 1/3rd, rather than assessed valuation. So last year if that property was assessed at $1,000.00 you would have paid very little for it because it was based on the assessed valuation of the property, now when you take into consideration the new law which puts more of the weight on the size of the property all of a sudden your 1.9 acres becomes valuable in terms of what the sewer rent would be for that even if it's back land it's included in the sewer district. The only answer I have for you is that in your particular case the sewer bill is up because of the acres involved and that's the formula that was adopted and approved throughout the entire district. I like to recommend that we research this a little bit further even check into the concern about the fact of whether it's buildable or not. We want to treat everyone fairly, we will do the best that we can to review it be sure the measurements are right and check everything we possibly can related to it and get back to you. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 98. Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the minutes of the Queensbury Town Board of November 27, 29, 1988 and December 29, 1988 and January 10, 17, 1989 and February 6, 1989 are hereby approved. Duly adopted by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ACCEPT RESIGNATION 106 RESOLUTION NO.99 Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, Mr. Thomas Gianetti has submitted to the Board of Directors of the Queensbury Economic Development Corporation his letter of resignation, NOW, THEREFORE BE IT RESOLVED, to accept Mr. Gianetti's resignation from the QEDC with regret and sincere appreciation for the time and energies put forth by Mr. Gianetti during his term on the Board of Directors. Duly adopted by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos. NOES: ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO SET PUBLIC HEARING ON SEWER RENT LAW RESOLUTION NO. 100,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 amending the Sewer Rent Law previously adopted by the Town Board on January 17, 1989, by resolution no. 50, 1989, by amending Article 3 thereof to add a new section 4 establishing when sewer rents will not be charged, and by amending Section 1, paragraph A to include a credit on the Sewer Rent charge for wetland areas designated under the Environmental Conservation Law, and WHEREAS, a copy of the proposed, amended Sewer Rent Law with the aforementioned amendment and all original provisions has been presented at this meeting, and WHEREAS, it is necessary to hold a public hearing with regard to the proposed amendment to the Sewer Rent Law, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury on the proposed, amended Sewer Rent Law presented at this meeting on February 28, 1989 at 4:30 P.M., in the meeting room of the Queensbury Town Offices, Bay and Haviland Roads, Queensbury, Warren County, New York, at which hearing parties in interest and citizens shall —° have an opportunity to be heard as to whether the Sewer Rent Law, as amended, shall be adopted by the Town Board of the Town of Queensbury, to include said new provisions, with the remaining provisions of said Sewer Rent Law remaining unchanged, and the same as presently set forth, and BE IT FURTHER, RESOLVED, that the Town Clerk for the Town of Queensbury is hereby authorized and directed to publish Notice of the aforesaid public hearing at least ten (10) days prior to the time of such hearing is to be held in the newspaper officially used by the Town of Queensbury for such notices, and BE IT FURTHER, RESOLVED, that copies of the Sewer Rent Law as proposed to be amended, shall be made available and inspection of the same may be had by the members of the public and other interested parties at the Office of the Town Clerk for the Town of Queensbury, Town Office Building, Bay and Haviland Road, Queensbury, Warren County, New York 12804. Duly adopted this 14th day of February, 1989 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan DISCUSSION HELD TOWN CLERK-Requested to change on Page 2 of the Local Law, tinder Article III, Section 1., under A after the word expect please insert the word (that in), down two more lines after Conservation Law, insert the word (where). ` 147 SUPERVISOR BORGOS-O.K. I have those corrections. (PROPOSED LOCAL LAW ON FILE) RESOLUTIONS TO SET PUBLIC HEARING IN PROPOSED AMENDMENTS TO ORDINANCE NUMBER 28 RESOLUTION NO. 101,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has received requests to amend certain provisions contained in Ordinance Number 28 of the Town of Queensbury to eliminate Fort Amherst Road as a through highway and to provide a stop intersection at the intersection of Fort Amherest Road and North Road, and WHEREAS, the proposed amendments to Ordinance Number 28 have been prepared and are annexed hereto, and WHEREAS, this legislation was previously considered when residents of the Fort Amherst Road area petitioned the Town Board of the Town of Queensbury, but not acted upon, as the City of Glens Falls indicated that it would not agree to make the said intersection a 4-way stop intersection, and WHEREAS, the Board of Public Safety of the City of Glens Falls, by resolution no. 10, dated February 6, 1989, has now granted permission to place a stop sign at said intersection on City property, and WHEREAS, the proposed amendment is worthy of consideration for legislative action, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held concerning the adoption of the proposed amendment to Ordinance Number 28 and that the public hearing be held on February 28, 1989, at 4:30 p. m., in the Town of Queensbury Office Building AJeeting Room, Bay at Haviland Roads, Town of Queensbury, Warren County, New York, at which time all persons interested in the subject of the proposed amendment will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be hereby authorized and directed to publish and provide such notice of the public hearing as may be required by law. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK SYSTEMS ASSOCIATES RESOLUTION NO. 102,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has determined that the need exists for updating services regarding all of the Town of Queensbury Finance applications, such updating defined as a change to software currently owned by the Town of Queensbury, and WHEREAS, Adirondack Systems Associates has offered to render such updating services to the Town of Queensbury for a fee of $1,692.00, such agreement commencing on March 1, 1989 and ending on March 1, 1990, and WHEREAS, a proposed agreement entitled "Software Maintenance Agreement" has been presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the offer of Adirondack Systems Associates, to provided updating information on all of the Town of Queensbury Finance cos Applications, such updating defined as a change to software currently owned by the Town of Rueensbury, such services more fully set forth in the agreement presented to this meeting, for an amount not to exceed $1,692.00, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Rueensbury is hereby authorized and directed to execute the Software Maintenance Agreement presented to this meeting. Duly, adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING AGREEMENT TO REMOVE SCRAP METAL FROM TOWN OF RUEENSBURY-CITY OF GLENS FALLS LANDFILL RESOLUTION NO. 103,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, by Town Board Resolution No. 65, 1989, the Town Board of the Town of Rueensbury previously approved an agreement to be entered into between the Town of Rueensbury and R. Brown & Sons, Inc., Mobil Car Crushers relative to R. Brown & Sons, Inc., collecting and hauling away of scrap metal deposited or disposed of at the Town of Rueensbury-City of Glens Falls Landfill, and WHEREAS, since the time that the Town Board previously approved the agreement referred to in said resolution, R. Brown & Sons, Inc., Mobil Car Crushers, has requested certain additions and deletions from said agreement, and WHEREAS, a new, proposed agreement is presented to this Board for adoption instead of and in place of the agreement previously authorized by this Board, and WHEREAS, a review of said agreement discloses that the new, proposed agreement is fair and equitable in all respects and that it is in the best interest of the Town of Rueensbury to enter into the proposed written agreement with R. Brown & Sons, Inc., Mobil Car Crushers, NOW THEREFORE BE IT, RESOLVED, that the previous resolution authorizing an agreement between R. Brown & Sons, Inc., and the Town of Rueensbury relative to the collecting and hauling away of scrap metal is hereby rescinded, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Rueensbury approve the new, proposed agreement at this meeting in the present form thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Rueensbury is hereby authorized to sign the aforesaid agreement. Duly adopted this 14th day of February, 1989. by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION RETAINING THE SERVICES OF NORTHEASTERN APPRAISAL ASSOCIATES, INC. FOR APPRAISAL PURPOSES RESOLUTION NO. 104, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Rueensbury is desirous of retaining the services of Northeastern Appraisal Associates, Inc., to appraise and report the market value of log certain property being used in connection with waste disposal operations of the Town of Queensbury on Ridge Road, and WHEREAS, Northeastern Appraisal Associates, Inc., has indicated it would provide such appraisal work for an amount not to exceed $750.00, NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby retains the services of Northeastern Appraisal Associates, Inc., for the purposes above stated, at an amount not to exceed $750.00, and BE IT FURTHER, RESOLVED, that the bill for services shall be paid from the budgeted account. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION APPROVING STIPULATION WITH THE CITY OF GLENS FALLS RESOLUTION NO. 105,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the City of Glens Falls served the Town of Queensbury with a Notice of Claim for damages which the City alleges to have been occasioned by reason of the enactment of a Zoning Ordinance by the Town of Queensbury, and WHEREAS, the Town Supervisor for the Town of Queensbury has stipulated with the Mayor of the City of Glens Falls to temporarily stay any further legal proceedings in connection with said Notice of Claim, pursuant to the terms of a certain stipulation which is presented at this meeting, and WHEREAS, the Town Attorney, Paul B. Dusek, has advised that the said stipulation creating a temporary stay preserves the rights of the Town of Queensbury with respect to the said Notice of Claim, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the aforedescribed stipulation and hereby approves and ratifies the actions of the Town Supervisor in executing said stipulation. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ENTER INTO CONTRACT FOR PURCHASE OF WATER FROM CITY OF GLENS FALLS FOR AND ON BEHALF OF WEST GLENS FALLS WATER DISTRICT RESOLUTION NO. 106,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, in the past, water has been supplied to the West Glens Falls Water District in the Town of Queensbury by the purchase thereof from the City of Glens Falls, and WHEREAS, the existing contract for the purchase of water for and on behalf of the West Glens Falls Water District from the City of Glens Falls has expired, and WHEREAS, an agreement has been proposed for and on behalf of the West Glens Falls Water District with the appropriate representatives of the City of Glens Malls for the purchase of water to supply the West Glens Falls Water District, a copy of which agreement is annexed hereto, and Rio WHEREAS, Paul B. Dusek, Town Attorney, has approved the form of the contract, and WHEREAS, it appears that it would be in the best interest of the West Glens Falls Water District to enter into the contract for the purchase of water under the terms and conditions specified in the proposed contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the West Glens Falls Water District, enter into a contract with the Board of Water Commissioners of the City of Glens Falls under the terms and conditions set forth in the contract annexed hereto, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury be and he is hereby authorized to execute said agreement with the City of Glens Falls for and on behalf of the Town Board of the Town of Queensbury, acting for and on behalf of the West Glens Falls Water District. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ENTER INTO AGREEMENT WITH COUNTY OF WARREN FOR LAW ENFORCEMENT SERVICES RESOLUTION NO. 107,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has previously contracted for police protection within the Town of Queensbury's limits from the Warren County Sheriff's Department, and WHEREAS, the original law enforcement contract expired on December 31, !988, and WHEREAS, The Town Board of the Town of Queensbury is desirous of continuing the arrangement for police protection for an additional 3 years period at the stated consideration of $275,000.00 per annum, and WHEREAS, a proposed contract presented at this meeting, sets forth all terms and conditions of the proposed Agreement between the Town of Queensbury and the County of Warren relative to said law enforcement services, and WHEREAS, it appears that the proposed contract is fair and equitable in all respects and that entering into such a contract with the County of Warren would continue to be in the best interests in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the proposed contract presented to this meeting and hereby agrees to enter into an agreement with the Warren County Sheriff's Department as set forth in said proposed contract, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury be hereby authorized to execute said Agreement for law enforcement services between the Town of Queensbury and the County of Warren on behalf of the Town of Queensbury. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan DISCUSSION HELD SUPERVISOR BORGOS-(tape turned) $250,000 for about 4 years, this is to be compared with what it was costing to operate our own Police Department many years ago and at the time it was expanded I understand it was over $600,000 a year which was in addition to the Sheriff's Department fee. A number of residents have indicated that they feel that we should be covered totally for free under what we already pay the county as county tax and there is quite a bit of merit to that other than the fact we get extra protection in the Town of Queensbury which means we don't need our own police department. Without reopening that entire argument which I was not a part I just like to say that I think its a reasonable fee and we are protected for 3 years at this price. COUNCILMAN MONTESI-I specifically Steve, it was one of the question that I asked 2 years ago when I ran for election in my area what people thought of the police protection. Compared to not having that police department, in no case did I find any of the constituents that I spoke to having a problem with response time, increase concerns, or actually increase crime if you will in their neighborhood . I felt very comfortable with what the sheriff was doing for us in comparison to what the town had before in terms of cost effectiveness. SUPERVISOR BORGOS-I believe we retained all but one of the people who had been with the police department at that time so the same faces serving the same people on the same roads seems to have worked very well and response has been exceptually good. COUNCILMAN MONTESI-If anyone has any questions at all about the kind of service that were being provided in Queensbury you can go up and look at the log book and take a look, which I have done, and look at the number of cars that are on patrol in any given night or any given hour in Queensbury and I think you will then feel more comfortable that the signing of this agreement for $275 a year is certainly worth while to our town. RESOLUTION AUTHORIZING CONTRACT WITH CRANDALL LIBRARY RESOLUTION NO.108,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the 1989 Budget of the Town of Queensbury provides for the amount of $159,000.00 to be paid to the trustees of Crandall Library in return for which said Trustees will furnish library services to the residents of said Town, and WHEREAS, a proposed contract between the Town of Queensbury and Crandall Library for said library services has been presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the proposed contract between said Town and said trustees for furnishing such services during the year 1989 is hereby approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract on behalf of the Town, and that a copy of such contract duly executed shall be filed with the Town Clerk. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING CONTRACT WITH MOUNTAINSIDE FREE LIBRARY RESOLUTION NO.109,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the 1989 Budget of the Town of Queensbury provides for the amount of $1000.00 to be paid to the trustees of Mountainside Free Library in return for which said Trustees will furnish library services to the residents of said Town, and WHEREAS, a proposed contract between the Town of Queensbury and Mountainside Free Library for said library services has been presented to this meeting, 112 NOW, THEREFORE BE IT RESOLVED, that the proposed contract between said Town and said trustees for furnishing such service during the year 1989 is hereby approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract on behalf of the Town, and that a copy of such contract duly executed shall be filed with the Town Clerk. Duly adopted by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos _ NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan COUNCILMAN MONTESI-Questioned the if there has been any resolve to the boundary problem between Crandall Lib. and Mt.Side? SUPERVISOR BORGOS=The law establishing the Mt.Side Free Lib. gave it a section described as being part of an election dist., that district no longer exists. Research is still underway regarding this situation. RESOLUTION TO RESERVE COMMUNITY PARTICIPATION IN THE NYPF/APA LOCAL DEVELOPMENT INSTITUTE. AND REQUEST LOCAL PLANNING ASSISTANCE FUNDING FOR PROGRAM DEVELOPMENT RESOLUTION NO. 110, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Quensbury wishes to participate in a training institute for the purposes of further enhancement of the local capacity to manage development and plan for the future; and WHEREAS, Chapter 53 of the Laws of New York State of 1989 authorizes State financial assistance to Adirondack Park towns and villages for the implementation of the local land use programs; NOW, THEREFORE BE IT RESOLVED, that the Town Board of Town of Queensbury hereby designates the NEW YORK PLANNING FEDERATION (in consultation with the NYS Adirondack Park Agency) as the consultant to develop, coordinate and conduct the 1989 Local Development Institute to address planning and development management issues; and IT IS FURTHER RESOLVED, that the Town Board of Town of QUeensbury requests that Adirondack Park Local Planning Assistance funds be used for the development of the Local Development Institute program, at a State share cost not to exceed a total of $4,000.00; and IT IS FURTHER RESOLVED, that the Town Board of Town of Queensbury will contribute a local share amount of $180 to cover the costs of registration and program materials to allow up to six local representatives to attend the 1989 Local Development Institute; NOW, BE IT FINALLY RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized to enter into an intermunicipal agreement with other participating communities for the purposes of carrying out the Local Development Institute. Duly adopted by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None X13 ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION TO RETAIN SERVICES OF BARRY STROCK CONSULTING ASSOCIATES, INC. RESOLUTION NO. Ill, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, by resolution no. 424, 1988, retained the services of Barry Strock Consulting Associates, INC., in connection with the establishment and procurement and implementation of computerized data processing, for a fee not to exceed $5,000.00 without further resolution by the Town Board of the Town of Queensbury, and WHEREAS, Barry Strock Consulting Associates, Inc., has requested an increase in the total -- amount to be paid, from $5,000.00 to $7,500.00, and WHEREAS, a letter form agreement for the additional fee amount has been presented to this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the total amount to be expended in connection with the consulting contract with Barry Strock Consulting Associates, Inc., to be increased from $5,000.00 to $7,500.00, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute the letter form agreement presented to this meeting. Duly adopted by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, I Irs. Monahan RESOLUTION AUTHORIZING EMPLOYMENT OF ASSISTANT BUILDING INSPECTOR AS ZONING ADMINISTRATOR RESOLUTION NO. 112, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Director of Building and Code Enforcement, by previous resolution, was given all powers of the Building Inspector and Zoning Administrator, as the same are set forth under the Town Law of the State of New York and under Local Law, Local Ordinances, and Regulations of the Town of Queensbury, and as such is required to administer and enforce the Zoning Ordinance of the Town of Queensbury, and WHEREAS, during the preparation of the Town Budget for year 1989, the Director of Building and Code Enforcement requested that an additional position be created in his department entitled that of Zoning Administrator, to assist in an increasing workload, and WHEREAS, the position of Zoning Administrator was budgeted for the year 1989 by the Town Board of the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the employment of an additional Assistant Building Inspector to the Director of Building and Codes Enforcement, which Assistant's duties and responsibilities shall be that of Zoning Administrator, and such Assistant shall have all powers given to or designated as belonging to the Office of Zoning Administrator under the Ordinances of the Town of Queensbury, and under any other State Law, Local Law or Regulations, if any and which Assistant shall generally be charged with the duties and responsibilities of administering and enforcing the Zoning Laws of the Town of Queensbury, provided however, that by creation of this position, the duties and responsibilities of the Director of Building and Codes Enforcement shall not be in any way lessened, changed, or modified. Duly adopted by the following vote: 114 AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Air. Kurosaka, Mrs. Monahan TOWN ATTORNEY-This essentially establishes the position of Zoning Administrator the problem I had with the position is that there seems to be two ways it could be created. One, an employee pursuant to one provision of the Town Law where you simply create the position and put him in there and then they would assume the powers that we have set forth in our ordinance. There does not seem to be anything under state law concerning Zoning Administrators. The other possibility was to create the position under the Building Inspectors or the Laws of the Town concerning Building Inspector which in that set of laws it gives the Building Inspector the obligation to enforce the Zoning Laws to administer and enforce them but it also gives him the opportunity to employ additional people. Because of the way it was structured in the budget as part of his department and Mr. Hatin had requested that, had indicated that he would prefer an arrangement where that person would be kept under his jurisdiction and department that is why we decided to structure it this way in the resolution. COUNCILMAN MONTESI-So what we've said here is that he is an Assistant Building Inspector working under the head Building Inspector, but his chief responsibility is that on zoning enforcement. TOWN ATTORNEY-Right. You have actually designated the duties and responsibilities in this particular case. RESOLUTION TO APPOINT ZONING ADIMINISTRATOR RESOLUTION NO. 113,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Director of Building and Code Enforcement advertised in the Post-Star the availability of a position with the Building Department for the Town of Queensbury as Zoning Administrator, and WHEREAS, the Director of Building and Code Enforcement has advised that he has reviewed applications, resumes, and conducted interviews, and recommends that Ms. Patricia Collard be appointed as Zoning Administrator, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Section 138 of the Town Law of the State of New York, hereby appoints Ms. Patricia Collard as Assistant Building Inspector with duties and responsibilities to be that of Zoning Administrator, and with her bi-weekly salary to be based upon the rate of $24,500.00 per year, and hereby approves and ratifies her commencement of work on January 30, 1989 in the capacity of Zoning Administrator. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Airs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING CONTRACT WITH THE VOLUNTARY ACTION CENTER RESOLUTION NO. 114, Introduced by Air. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the 1989 Budget of the Town of Queensbury provides for an item of $2,000.00 to be paid to the voluntary Action Center in return for which, said Center will provide community services to the residents of said Town, such services including but not limited to the following: Meals on Wheels Program, Alternative Sentence Program, Retired Seniors — Volunteer Program, Holiday Basket Program, Carrier Alert Program, Mediation Services, Information Referral, and Volunteer coordination for the Queensbury area, and WHEREAS, a copy of the proposed contract for said community services has been presented to this meeting, NOW, THEREFORE BE IT 115 RESOLVED, that the proposed contract between said Town and said Voluntary Action Center for furnishing such community services during the year 1989 is hereby approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the proposed on behalf of the Town of Queensbury, and that a copy of such contract duly executed shall be filed with the Town Clerk of the Town of Queensbury. Duly adopted this 14th day of February, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Air. Kurosaka, Mrs. Monahan RESOLUTION TO HIRE ASSESSOR'S ASSISTANT RESOLUTION NO. 115, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Assessor has requested the establishment of the position of Assessor's Assistant to assist with the daily functioning in the Town Assessor's Office, and WHEREAS, the 1989 budget allows for monies available to pay for the position of Assessor's Assistant, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Section 20 of the Town Law, hereby creates the position of Assessor's Assistant in the Town Assessor's Office, and BE IT FURTHER RESOLVED, that Ms. Carol Pulver is appointed to the position of Assessor's Assistant at an amount of $6.45 per hour. Duly adopted this 14th day of February 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Air. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan COUNCILMAN MONTESI-I want this duly noted this is not an assistant assessor this is an assistant to the assessor, this is not a State appointed job or anything, no powers or authority to set assessments. RESOLUTION TO RETAIN PROFESSIONAL SERVICES OF VANDUSEN AND STEVES, LAND SURVEYORS RESOLUTION NO. 116, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, it was necessary to calculate acreages in the Sewer Dist. for the Town of Queensbury, and WHEREAS, the professional services of VanDusen and Steves was secured for such purposes and WHEREAS, a bill for such services has been presented to the Town Board NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby approves and ratifies the employment of VanDusen and Steves to perform professional service above described in the amount not to exceed $1,000.00 said amount to be paid from the appropriate Sewer District budgeted account. Duly adopted this 14th day of February, 1989 by the following vote: 1.1 6 AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan SUPERVISOR BORGOS-Noted that because we do not have a fund for Town Surveyor we should appropriately retain them each time we have a project... RESOLUTION APPOINTING DR. CHARLES HAUSER TO FILL THE UNEXPIRED TERM OF ED GRANT ON THE BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 117, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, there is presently a vacancy on the Board of Assessment Review for the Town of Rueensbury due to the unexpired term of Mr. Edward Grant, and WHEREAS, The Town Board, has the authority to fill the vacancy of the unexpired term of Mr. Edward Grant, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rueensbury hereby appoints Dr. Charles Hauser of Rueensbury to serve as a member of the Board of Assessment Review, for a term to commence immediately and to end on September 30, 1989. Duly adopted this 14th day of February, 1989 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF RUEENSBURY AND THE QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC., REGARDING FILLING tt S�IN CERTAIN AREAS OF HOVEY'S POND 3WAAORESOLUTION NO. 118, 1989 Introduced by Mrs. Marilyn Potenza who moved for its adoption, fig.�11 conded by Mr. Ronald Montesi: WHEREAS, the Town of Rueensbury is the owner of certain real property in and around a pond known as Hovey's Pond and is or is about to become the owner of certain property presently owned by the Rueensbury Central Volunteer Fire Company, which property is also adjacent to the southwestern shore of Hovey's Pond and which property is also adjacent to or near properties owned by the Rueensbury Central Volunteer Fire Company, which are also located on the said southwestern shoreline of Hovey's Pond as it presently exists and which Fire Company property is described in a deed filed at the Warren County Clerk's office in Book 701 of Deeds at page 350, and WHEREAS, the Town of Rueensbury is desirous of filling in certain areas of Hovey's Pond including the area at the southwestern border of said pond which is located upon property owned by said Fire Company, and WHEREAS, the Rueensbury Central Volunteer Fire Company, Inc.., desires to authorize the filling in of certain areas of the pond upon property owned by said Fire Company which is located at the southwestern shoreline of Hovey's Pond and allow such filled areas to remain undisturbed as filled, designed, constructed, and maintained by the Town of Rueensbury, and WHEREAS, the proposed contract between the Town of Rueensbury and the Rueensbury Central Volunteer Fire Company, Inc., has been presented to this meeting, NOW, THEREFORE BE IT RESOLVED, that the proposed contract between the Town of Rueensbury and the Rueensbury Central Volunteer Fire Company, Inc., to authorize the filling in of certain areas at Hovey's Pond is hereby approved, and BE IT FURTHER 117 RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the contract on behalf of the Town of Queensbury and that a copy of such contract duly executed shall be filed with the Town Clerk. Duly adopted this 14th day of February, 1989 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mrs. Monahan SUPERVISOR BORGOS-This is the last step in a land swap between Queensbury Central and the Town of Queensbury, equal amounts of land side by side. ... TOWN ATTORNEY-There is one minor change in this agreement. We clarified the land involved the original agreement referred to two exhibits, Exhibits A, and B with two maps since that time we have deleted the map with the two colored blue areas on it, and have just gone with just the one description. The reason for this is based on conversations with Paul Pontiff and I have had with our clients, mine being the Town Board. Have found that the first map colored in blue was inaccurate and should be just doing the one map alone. RESOLUTION HIRING ORKIN PEST CONTROL RESOLUTION NO. 119, Introduced by Mr. Ronald Montesi, who moved for its adoption,seconded by Mrs. Marilyn Potenza: WHEREAS, the Local Board of Health recommended the hiring of professional extermination services to investigate and exterminate as necessary a reported rat population at or near a pond situated at or near the intersection of Fort Amherst Road and Bay Road upon property owned by Dr. Charles Eisenhart of the Town of Queensbury, and WHEREAS, Orkin Pest Control has offered to provided professional services for an amount not to exceed $700.00 for the first month, and thereafter, not to perform any further services until authorized by the Town Supervisor of the Town of Queensbury and if so authorized, the charge for services will be $105.00 per month for the next ii months, and WHEREAS, The Town Board has determined that the investigation and extermination of rats is necessary in the interest of the health and safety of the residents in the area of said pond, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby employs the professional extermination services of Orkin Pest Control for an amount not to exceed $700.00 for the first month, and upon approval of the Town Supervisor, to perform services for an additional 11 months at $105.00 per month and BE IT FURTHER, RESOLVED, that the contract for professional extermination services shall be in a form to be approved by Paul B. Dusek, Town Attorney, and that the expenses incurred shall be paid from the budgeted account. Duly adopted this 14th day of February, 1989, by the following vote: AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT : Mr. Kurosaka, Mrs. Monahan COUNCILMAN MONTESI-Qluestion about the first Whereas Clause, it says that were going to be doing services for $700 for first month, thereafter not to perform any services until authorized by the Town Supervisor. What will trigger you to authorize on a monthly basis? SUPERVISOR BORGOS-They will let us know the number of rodents taken during each week of the first month and will let us know if population is decreasing. They will give us there best recommendation if we should continue. COUNCILMAN POTENZA-Should be checked on a yearly basis. 118 EPORTS UILDING REPORT FOR JANUARY ON FILE .ESOLUTION TO APPROVE 1988 AUDIT OF BILLS ,ESOLUTION NO 120,Introduced by Mr. Ronald Montesi, who moved for its adoption,seconded y Mrs. Marilyn Potenza: ZESOLVED, that the 1988 Audit showing on abstract on February 14th, 1989 Numbered from 723 to 3963 and totaling $282,635.25 be and hereby is approved. )uly adopted this 14th day, of February 1989, by the following vote: kYES :Mrs. Potenza, Mr. Montesi, Mr. Borgos vOES :None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION TO APPROVE 1989 AUDIT OF BILLS RESOLUTION NO.121,Introduced by Ronald Montesi, who moved for its adoption, seconded Dy Marilyn Potenza: RESOLVED, that the 1989 Audit showing on abstract on February 14th, 1989 Number from 12-270 and totaling $254,775.47, be and hereby is approved. Duly adopted this 14th day, of February 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.122,Introduced by Marilyn Potenza, who moved for its adoption, seconded by Ronald Montesi: _ RESOLVED, that the Town Board of the Town of Rueensbury hereby moves into Executive Session to discuss litigation and personnel related to members of committees and boards. Duly adopted this 14th day, of February 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION TO ENTER INTO REGULAR SESSION RESOLUTION NO.123,Introduced by Marilyn Potenza, who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that the Town Board of the Town of Rueensbury hereby moves into regular session. Duly adopted this 14th day, of February 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan RESOLUTION TO RETAIN APPRAISERS RESOLUTION NO,124,Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded by Mr. Ronald Montesi: 119 WHEREAS, there is presently pending assessment litigation matter of Saul I. Burnbalm D/B/A Queensbury Factory Outlet Center VS the Town of Queensbury, and WHEREAS, the Town Attorney for the Town of Queensbury has advised that it is necessary to retain the assistance of an Appraiser in connection with said litigation, NOW, THEREFORE, BE IT RESOLVED, that the service of Northeastern Appraisal Assoc. Inc. is hereby retained to assist in said litigation of the cost of services not to exceed $5,000.00. ly adopted this 14th day, of February 1989, by the following vote: RYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mrs. Monahan ON MOTION THE MEETING WAS ADJOURNED Respectfully Submitted, Darleen Dougher Town Clerk, Queensbury