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1989-02-16 SP 120 SPECIAL TOWN BOARD MEETING FEBRUARY 16, 1989 5:16 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Paul Dusek-Town Attorney MEMBERS ABSENT Councilman George Kurosaka PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STEPHEN BORGOS RESOLUTION TO RETAIN PROFESSIONAL SERVICES OF VAN DUSEN AND STEVES, LAND SURVEYORS RESOLUTION NO. 125, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has determined that it is necessary to acquire professional advice regarding landfill related surveying, and WHEREAS, VanDusen & Steves have offered to render such professional surveying work for an amount not to exceed $5,000.00 at rates provided to the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, hereby authorizes and directs the Town Supervisor of the Town of Queensbury to retain the services of VanDusen and Steves for landfill related surveying at the rate of $18.00 per hour for field men and $28.00 per hour for office personnel, at a total amount not to exceed $5,000.00, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to sign and forward for processing any and all bills for services rendered, up to the maximum limit set by this resolution, upon the receipt of properly completed vouchers, and BE IT FURTHER, RESOLVED, that the expenditures shall be paid for from Account NO. J1-265-8160-440. Duly adopted this l6th day of February, 1989 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RETAIN PROFESSIONAL SERVICES OF VAN DUSEN AND STEVES, LAND SURVEYORS RESOLUTION NO. 126, Inti oduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury has determined that it is necessary to acquire professional surveying regarding land acquisition for the Town of Queensbury Water Department, and WHEREAS, VanDusen and Steves have offered to resider such professional surveying work for an amount not to exceed $3,000.00 at rates provided to the Town of Queensbury, NOW, THEREFORE BE I`I' RESOLVED, that the Town Board of the Town of Queensbury, hereby authorizes and directs the Town Supervisor of the Tuw:n of Queensbury to retain the services of VanDusen a 121 regarding surveying work for land acquisition for the Town of Queensbury Water Deparrtmtent,s. at the rate of $18.00 per hour for fieldmen and $28.00 per hour for office personnel, at a total amount not to exceed $3,000.00, and BE IT FURTHER i RESOLVED, that the Town Supervisor of the Town of Queensbury is-hereby authorized to sign and forward for processing any and all bills for services rendered, up to the maximum limit j set by this resolution, upon the receipt of properly completed vouchers, and BE IT FURTHER I ESOLVED, that the expenditures shall be paid for from Account No. W1-275-9951-900. —uly adopted this 16th day of February, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING CONTRACT WITH HYDE COLLECTION RESOLUTION NO. 127, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WIIEREAS, the Town of Queensbury has allocated certain funds in its 1989 Budget for advertising and promotion programs, and j WHEREAS, The Hyde Collection has requested that the Town of Queensbury participate with and assist the Hyde Collection in advertising and promotional services, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby approves,the request of the Hyde Collection for advertising and promotional services in an amount not to exceed $11,500.00 for advertising d promotional services in the Town of Queensbury, and in the form approved by the Town torney, and BE IT FURTHER RESOLVED, that the Town Clerk be, and she hereby is authorized and directed to forward a copy of this resolution upon its adoption to The Hyde Collection, 161 Warren Street, Glens Falls, New York, 12801. Duly adopted this 14th day of February, 1989, by the following vo1*e: i Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent: Mr. Kurosaka i Abstain: Mr. Borgos SUPERVISOR BORGOS-I am ahstaining from voting, one, I am a trustee of the Hyde and secondly I do have a long standing business relationship of a very minor magnitude, so I will stay out of that. RESOLUTION AUTHORIZING CONTRACT WITH TIIE CHAPMAN HISTORICAL MUSEUM i RESOLUTION NO. 128, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded i :Mrs. Marilyn Potenza: i t--.-rEREAS, the Town of Queensbury has allocated certain funds in its 1989 budget for advertising and promotion programs, and WHEREAS, The Chapman Historical Museum has requested that the Town of Queensbury participate with and assist The Chapman Historical Museum in advertising and promotional services, NOW, THEREFORE BE IT 12 * ItESOLVED,;'that the 'Town of Rueensbury hereby approves the request of The Chapman ]listorical Museum for advertising and promotional services in an amount not to exceed $10,000.00 for advertising and promotional services in the 'Town of Rueensbury, and in the form approved by the Town,.,Attorney, and fill IT FURTHER u x:. 11ESOLVED that the 'Town Clerk be, and she hereby is authorized and directed to forward it copy of this resolution upon its adoption to `1'he Chapman Historical Museum, 348 Glen Street, Glens Falls,',New York, 12801. =ws Duly adopte&this 14th day of February, 1989, by the following vote: Ayes: Mrs 'Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos N oes:'-�None',; Absent: Mr, Kurosaka RESOLUTION AMENDING RESOLUTION NO. 100 of 1989 RESOLUTION SETTING PUBLIC HEARING ON SEWER RENT LAW RESOLUTION NO. 129, Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded by Mr.. Stephen Borgos: WHEREAS, the `Town Board of the Town of Rueensbury by resolution adopted on February 14, 19$9 indicated that is was desirous of amending the sewer rent law previously adopted by the Town Board on January 17, 1989 by Resolution No. 50 of 1989 by amending Article III thereof to add.a newisection 4 establishing when sewer rents will not be charged and by amending Section 1 Paragraph A to include a credit on sewer rent charge for wetland areas designated under.the Environmental Conservation Law and WHEREAS, stew information has come forth indicating that the sewer rent law as it was proposed to 1�tl��amengq.d should be further amended in Section 4 thereof to add further properties against whiq sewer ents shall not accrue as they are serviced by sanitary sewer facilities of the Crty�of Glerib`Falls and will be continued to be so served and those properties are as follows: e 1. Tax Map No. 106-4-13 14 Amherst Road !=•2. Talc Map No. 107-1-13 49 McArthur Drive 3.- Tai Map No. 107-1-14 55 McArthur Drive `4. Tax Map No. 107-1-15 57 McArthur Drive .5. Tax Map No. 107-1-16 61 McArthur Drive Tai Map No. 107-1-17 60 McArthur Drive and WHEREAS, a Notice of Publi^ iicnrirrg has been directed to be served in connection with the proposed sewer rent law, an, WHEREAS, this Board is desirous of' amending the sewer rent law and have the same as amended presented to,I.the public for ' ho pub►.ic hearing that is set to occur NOW ;THEREFORIs' BF" IT `{V RESOLVED, that the previous resolution and sewer rent law of February 15, 1989 be amended to include the properties above set forth as part of Section 4 of said sewer rent law Article tiril Duly°adopted on the 14th day of February, 1989 was duly adopted by the following vote: Ayes: Mrs. Potenza, Mr.Montesi, Mrs. Monahan, Mr. Borgos Noes:, Nonq f Absent. Mrt`Kurosaka SUPIERVISOR BORGOS-`Phis is a further refinement before we had found some properties that weree actually hooked to Glens Falls and because of the way the property line between the City�and the'Town runs a few feet of their property was in the Town they were being assessed sewer.rent.a though they we in the 'Town although they will never benefit from that. A few morghave been uncovered, six or eight, they are already hooked up to the Glens Falls Sewer System we";Ore dealing with several feet. The total charges of all the sewer rents billed to those peopl is thirty two dollars. It seems only fair and appropriate to look at excluding them. 4 'v7 t'ti .:u,3ki. 1231. COUNCILMAN MON'TLSI-The problem I have is the other inclusion in there that calls for exemption of wetlands, that is a serious one because... PAUL DUSEK-TOWN ATTORNEY-My understanding is that these properties that are added here are properties that are hooked to the City of Glens Falls already... COUNCILMAN MON'TESI-You said something about:wetlands that you were going to exclude, certain pieces... ` . PAU L DUSEK-TOWN ATTOR"' was part of the sewer rent law motion that was adopted on the loth. i PERVISOR BORGOS-That is going; to public hearing on the 28th. i tUL DUSEK-'TOWN ATTOR;1 `Y--On the loth a resolution was passed by the Board which i basically indicated section 4 i,,ould be amended to add certain properties that would not be charged because they were hooked to the City of Glens Falls and also that it would be amended that there was any area in Town that was greater than five acres and had wetlands situated on it the person would receive credit for the wetlands....the properties that I just described to you today, what I am trying to do, was to add those properties to the proposed sewer rent law, to the list you already have in there and then the whole works goes to public hearing and you will decide on it. COUNCILMAN PO'TENZA-We are voting for these properties to go to public hearing. PAUL DUSEK-TOWN ATTORNEY-To amend your resolution and the sewer rent law to include the extra properties and then have the whole sewer rent law as amended and proposed now i go to public hearing in two weeks. I COUNCILMAN MONTESI-My only concern is that there are some areas in Town, I know a twenty acre parcel that part of it is wet I know something on Bay Road where part of it is deemed a wetland and it can't all be excluded because part of it is buildable how you work that credit... SUPERVISOR BORGOS-That is part of what we will talk about on the 28th. The whole purpose of today is to add the little parcels ... 1UL DUSEK-TOWN ATTORNEY-This resolution that you would pass today will not amend e sewer rent law as it presently exists, neither did the one that was passed on the 14th what _does, this is a proposal to amend and then before you can even amend it you have to have that public hearing and then you will have the resolution to actually amend it. Actually you will pass a new sewer rent law. COUNCILMAN MONTESI-Suppose at the public hearing we decided not to include wetlands? PAUL DUSEK-TOWN ATTORNEY-This gets into the problem that you advertised one thing and then you are doing something else, but in this case I am of the belief that when you delete something it is not bad it is when you try to add something new I have a lot of trouble with that and usually have advised the Board to hold another public hearing, when you just take something away I do not think then you have to hold a public hearing. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 130, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board hereby moves into executive session to discuss professional services of Environmental Design Partnership and Professional services of Kestner Engineers. Duly adopted by the following vote: yes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i --r.-oes: None I Absent: Mr. Kurosaka ON MOTION THE MELTING WAS ADJOURNED. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk Town of Rueensbury