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1990-01-22 70 Y TOWN BOARD MEETING JANUARY 22, 1990 7:00 P.M. BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBER ABSENT GEORGE KUROSAKA-COUNCILMAN TOWN ATTORNEY PAUL D USEK --' TOWN OFFICIALS Paul Naylor, David Hatin, Kathleen Kathe PRESS: Channel 8, WBZA RESOLUTION CALLING FOR EXECUTIVE SESSION j RESOLUTION NO. 56 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. - RESOLVED, that the Town Board of the Town of O.ueensbury hereby moves into Executive Session to discuss Professional Services. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos I Noes: None Absent: Mr. Kurosaka RESOLUTION TO ENTER REGULAR SESSION RESOLUTION NO. 57 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session to enter Regular Session of the Town Board. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mrs. Monahan PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA SUPERVISOR BORGOS-Would like to call to everyone's attention the Town of Queensbury's ordinance that prohibits snowmobiles from all Town roads, the only exception being one shoulder on Peggy Ann Road. Snowmobiles do not belong on the roads, I'm concerned about health and safety, because we are seeing alot of them in use and I'd appreciate whatever the media could do to publicize that. PLINEY TUCKER-Noted concern for joggers in the road. 1 OPEN FORUM 7:50 P.M. MR. TUCKER, Division Road-Referred to article in paper regarding Division of Audit and Control. SUPERVISOR BORGOS-The State Department of Audit and Control came out with their report, following several months of looking at our books, they finished it last April or May and the report just,came out. We want to answer that report but the law requires that if we respond 71 to it we must respond to every item in the report. In order to give an appropriate response, we must do a complete response. Our accountants are putting together their explanations, myself and our attorney are both doing our responses and we're going to put them all together. We've have 90 days in which to do this. Would like to note that their policy prohibits anything positive in the report, only negatives and that's the way they operate. I think you are entitled to know what good has been happening and that's what we're doing, we're putting together responses to .their concerns and we're putting together a list of what we've done that's positive that was not in the report. MR. TUCKER-Questioned whether the responses will be a matter of public record? SUPERVISOR BORGOS-lt will go to all the news media and yes, available to the public. MR. TUCKER-Questioned the reason for the Landfill Superintendent, who lives in Warrensburg, having the use of his truck to travel back and forth from home. COUNCILMAN MONAHAN-It's been a long standing policy of the Board, before I was on this Board. The background on it was for the fact that there were slot of emergency situations that he's had to respond to, just as any other Department Head has, out of his working hours. When we set his salary, we factor that in, the fact that he does have the use of a Town vehicle. SUPERVISOR BORGOS-Noted that there is a new IRS regulation that states individuals who drive Town or Municipal vehicles home, back and forth to work, as part of their use, have to be taxed for that, it has to be reportable income on the W-2 Forms, with very few exceptions. MR. TUCKER-Questioned the automobile insurance, the liability insurance, do we handle that ourselves? SUPERVISOR BORGOS-No, through an independent carrier. AIR. TUCKER-What happens if an individual has one of the Town vehicles with o member of the family Is riding In the vehicle and he's In an accident? SUPERVISOR BORGOS-Those people would be covered. There would be some explaining because the vehicles are for official use only, official functions, official business. A T TOR NE Y D USEK-1 don't think it is clear cut when a vehicle is being used for unauthorized purposes to whether or not there would be insurance coverage. Certainly there would be a defense offered, but whether there would be identification to the individuals involved, I'm not really sure. There has been some litigation over that in cases that I've read in the past. We would be better to study that first and then come back with a response on that. MR. TUCKER-Then would you check? A T TOR NE Y D USEK-We can certainly research that and get an answer. COUNCILMAN MONAHAN-I think there should be a Town Board Resolution, all Town vehicles are only to be used for official business. We should have a policy procedure established and if it takes a resolution, we should do it by resolution. TIM BREWER, Candleberry Drive-In reference to it being part of someone's salary, how can you tell them what to do with their car, part of their salary? COUNCILMAN MONAHAN-It's not part of their salary per-say, it's taken into consideration when we set their salaries, that they have a Town vehicle to use. COUNCILMAN MONTESI-Noted good news, the Cronin Road Bridge has been completed, the structure is in place. We can't open that road just yet. Part of the engineering called for an inch or two of blacktop on top of the cement, whether or not the bngineers will allow us to use some form of dust as a base and open that road is a question and than lastly our Town Attorney has to make sure the contract is complete. OPEN FORUM CLOSED 8:00 P.M. HEARING - ADIRONDACK BAPTIST CHURCH CLINT TRAVER, Member and Trustee of Adirondack Baptist Church-Noted the engineer's report from Mr. Buckley which the Church received today and submitted copies to the Town Clerk. 1 72 DAVID HA TIN, Director of Building & Codes-We just received a copy of the plan as we walked into tonight's meeting. A quick review with Carl Schroder from Rist-Frost's engineering, We have we find some problems. Mr. Schroder would like some to time the to question of.the unsafe a problem with the method of repair, it does n ot seem structure as we see right now, I think the proper way to correct this is to rebuild it. SUPERVISOR 'BORGOS-You've indicated that Mr. Schroder would like some more time to review their engineer's proposal. Do you think that this could be resolved, engineer to engineer? MR. HATIN-Possibly. My concern still is, the structure is standing and nobody knows how. CARL SCHRODER, Rist-Frost Associates-I did a set of calculations on the original structure, I sent a letter to the Town. SUPERVISOR BORGOS-We've all read that. MR. SCHRODER-With a quick review, noted some concerns. Would be glad to speak with Mr. Buckley to address these concerns. COUNCILMAN MONTESI-Are we now, at this time, not allowing use of the structure? MR. HATIN-At the last Board meeting, I requested that it be roped off, but I believe it's still being used. I suggest tonight that the Board strongly recommend that it be posted away from that area. COUNCILMAN MONTESI-That is the only handicap ramp. SUPERVISOR BORGOS-Questioned attorney if the Board had the power to direct that this section be roped off securely and a sign posted until such time that this is resolved. ATTORNEY DUSEK-Yes. The Board could set a time limit by adjourning the hearing to a given date at which time the hearing could conclude and a final decision by the Board could be reached. Board agreed there Is a reason for concern and adjourn the.hearing until the 5th of February, next regular Board meeting, and request that the engineers meet this week and attempt to resolve the situation. RESOLUTION TO ADJOURN HEARING AND ROPE OFF ADIRONDACK BAPTIST CHURCH STRUCTURE _ RESOLUTION NO. 58 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Mon tesi. RESOLVED, that the Town Board of the Town of O.ueensbury hereby adjourns the Hearing regarding the Adirondack Baptist Church Carport until February 5th, 1990, and BE IT FURTHER RESOLVED, that the Town Board hereby directs that the Carport be roped off to the satisfaction of the Building and Codes Dept. and signs be posted. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION REGARDING UNSAFE STRUCTURE - PALMER MR. HA TIN-Referred to the residence located at 68 Boulevard, a structure which over time has deteriorated, collapsed floors, sagging and rotting roof, an addition that does not meet I code. Our engineers have gone out and inspected the site and Mr. Schroder is here to give you his opinion of the residence. Concerned with spring coming the possibility of rodents and vagrants. I'm therefore requesting that the Board act under emergency provisions. SUPERVISOR BORGOS-No one is living there at this time? MR. HATIN-At our request they have complied and vacated. i `73 SUPERVISOR BORGOS-Questioned the Town Attorney on whether or not a hearing is needed before any emergency measures can be taken. ATTORNEY DUSEK-The Board would have authority if it finds that there is a clear and eminent danger to life, safety or health of any person or the property unless the building repaired, secured or demolished, the Town Board could by resolution authoriz is immediately inspector to e the building secure the building and require the owner to not rent the premises and to also either lock or barricade all doors and windows. A hearing is still required. MR. HA TIN-Would like to request the the authority power to call Niagara Mohawk to have the natural gas and electrical turned off and d secured. the ATTORNEY DUSEK-Have you contacted the owner and asked them to shut off the gas? MR. HA TIN-We did ask, he said he would and today it was not taken care of. ATTORNEY DUSEK-Recommend that we provide the owner with a last opportunity to shut off the electrical and the gas, and if he doesn't do it within so many hours, then authorize Dave. SUPERVISOR BORGOS-Let's set this down for a meeting next Monday, call a special Town Board meeting. COUNCILMAN MONA HA N-Recommended that Dave hand deliver a letter and if it's not shut off by such a time tomorrow, give him the authority to have it shut off.. Town Board agreed to allow Mr. Hatin to notify the owner of this property tomorrow morning as early as possible that if the gas and electric are not shut off by tomorrow at one o'clock, we will proceed to shut off the gas and electric. MR. HA TIN-Would also like to request that we have the authority to post the building. RESOLUTION REGARDING GAS AND ELECTRIC SERVICE AT TAX MAP NO. 111-6-12.2 RESOLUTION NO. 59 of 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby directs Mr. David Hatin, Director of Building and Codes Department, to notify Mr. Gary Palmer by tomorrow morning to shut off the gas and electric service at the property owned by Mr. Gary Palmer and designated on the Tax Map as 111-6-12.2, and BE IT FURTHER RESOLVED, that the Town Board further directs Mr. Hatin that if Mr. Palmer does not act upon this matter and have the service disconnected by 1:00 P.M. on January 23, 1990 that Mr. Hatin will make the arrangements to have the gas and electric service shut off, and BE IT FURTHER RESOLVED, that the Town Board hereby directs Mr. Hatin to post the building. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka SUPERVISOR BORGOS-Noted the Special Board meeting for Monday, the 29th at 7:30 p.m., for this purpose, such other matters that may appear and a workshop session related to the sewer districts, video tapes of sewer lines in Queensbury. RESOLUTION OF TOWN BOARD DETERMINING THAT PROPERTY OWNED BY GARY PALMER IS UNSAFE - TAX MAP NO. 111-6-12.2 RESOLUTION NO. 60 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, Mr. Richard Gijanto, Code Enforcement Officer for the Town of Queensbury, has advised that he has investigated and inspected certain property identified as 68 Boulevard, 7j own of Queensbury, and bearing tax map no. 111-6-12.2 and has made findings as more specifically set forth in a memorandum, the original of which is presented to this meeting, and WHEREAS, Mr. Richard Gijanto advises the Town Board of the Town of Queensbury that, in his opinion, the structure is dangerous and unsafe to the general public and has asked the Town Board of the Town of Queensbury to provide for the demolition and removal of said structure, and WHEREAS, photographs have also been presented at this meeting, and WHEREAS, pursuant to Local Law Number te the Town Board may, by resolution,and dangerous and thereafter determine whether, in its opinion, that order its repair or demolition and removal, and WHEREAS, said Local Law Number 3, 1983 provides that notice be served upon the owner i or other certain persons interested in said property, --- I' I NOW, THEREFORE BE IT RESOLVED, that upon reviewing all of the evidence presented at this time, the Town Board of the Town of Q ueensbur y is o f P the opinion that the structure thereon bearing tax map number 111-6-12.2 appears to be: 1. presently unsafe and dangerous 2. unfit for the purposes for which it maybe lawfully used, and BE IT FURTHER RESOLVED, that a notice be served upon the owner(s) of said property, said notice providing: 1 i 1. a description of the premises, 2. a statement of particulars in which said structure thereon appears to be unsafe and dangerous, as set forth in Mr. Gijonto's letter, j 3. that the structure should be demolished and removed within 60 dogs of receipt of this notice, unless good cause is shown by the property owner or other Interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury, 4. that demolition and removal of said structure must be commenced in 30 days of receipt of this notice, unless good cause is shown by the property owner or other interested persons whereupon the time shall be extended by the Town Board of the Town of Queensbury, 5. that a hearing before the Town Board of the Town of Queensbury, in relation to the dangerous or unsafe condition of the building shall be held on January 29, 1990 at 7:30 p.m., in the Supervisor's Conference Room, or not less than 5 days from the date of service of this said notice, whichever date is later, 6. in the event that there is neglect or refusal to comply with the order of this Board to demolish and remove the structures located on said property, the Town Board is authorized to provide for its demolition and removal and to assess all expenses thereof against the real property on which it is located, and to institute special proceedings to collect the cost of demolition, including legal expenses, and BE IT FURTHER RESOLVED, that service of the notice provided for herein shall be in accordance with the provisions of Local Law No. 3 of 1983. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None , Absent: Mr. K urosaka RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 61 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Minutes 751 of November 8th and 20th of 1989. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING AND TO DESIGNATE THE TOWN AS LEAD AGENCY REGARDING PROPOSED AMENDMENTS TO ZONING ORDINANCE ARTICLE 4, SECTIONS 4.032 6 4.033 (TRAVEL CORRIDOR OVERLAY ZONE), SECTION 4.052 (DESIGNATED STREETS) AND ARTICLE 8, SECTION 8.010 (GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS) RESOLUTION NO. 62 at 1990, Introduced by Marilyn Potenza who moved for Its adoption, I seconded y etty Monahan. WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance which i was adopted on October 1, 1988, and more specifically considering a revision of Article 4, Sections 4.032, 4.033 and 4.052, and Article 8, Section 8.010 as shown by the underlined i segments below: 1) SECTION 4.032 DESIGNATED ARTERIALS: The following roads have been designated as Regional Arterial Roads within the Town of Queensbury and shall comply with the requirements of the Travel Corridor Overlay Zone. For purposes of this Section of the Ordinance, "Regional Arterial Roads" shall be defined as those listed below: Route 9 from the Glens Falls City Line north to the Lake George Town Line Ridge Road from the Glens Falls City Llne north to Route 149 Corinth Road from the Luzerne Town Line east to Route 1-87 Main Street from Route 1-87 east to the Glens Falls City Line Relocated Aviation Road from Route 1-87 east to Route 9 Quaker Road from Route 9 east to Dix Avenue Route 149 from Route 9 east to the Fort Ann Town Line Bay Road from the Glens Falls City Line north to Route 149 II) SECTION 4.033 REGULATIONS: All building hereafter erected or altered within this Travel Corridor Overlay District shall be set back seventy-five (75) feet from the edge of the road R i h t of Way. This seventy-five (75) foot setback shall be maintained as open space, as defined by this Ordinance. Ili) SECTION 4.052 DESIGNATED STREETS B. Local Arterial Streets Bay Road to be omitted from this list IV) SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS: Any non-conforming lot of record as of the date of this Ordinance and thereafter which does not meet the minimum lot area and/or minimum lot width requirements of this Ordinance for the zoning district in which such lot is situated shall be -- considered as complying with such minimum lot requirements, and nog variance shall be required, provided that: As of the date of this Ordinance and thereafter, such a lot does not adjoin other lots in the same ownership provided however, that all such lots in the same ownership shall be treated together as one lot ext:ept that this provision does not apply to subdivisions approved and filed prior to the date of approval of this ordinance, and 76 WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant to Section 265 of the Town Law of the State of New York, amend, supplement, change, modify or repeal the Zoning Ordinance by Ordinance, and WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendments, and WHEREAS, it would appear necessary to comply with the State Environmental Quality Review Act in connection with conducting an environmental review of the proposed action which consists of adopting the proposed amendments, and WHEREAS, it would appear that the action about to be undertaken by the Town Board of the Town of Queensbury is an unlisted action, NOW, THEREFORE BE IT j RESOLVED, that the Town Board of the Town of Queensbury hereby indicates that it would desire to be the lead agency in connection with any reviews necessary pursuant to the State Environmental Quality Review Act, and I BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to the proposed amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and BE IT FURTHER RESOLVED, that said public hearing shall be held on February 15, 1990, at 4:15 p.m., in the Town Supervisor's Conference Room, Town Office Building, Bay at Haviland road, Queensbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury Is hereby authorized and directed to give 10 days notice of said public hearing by publishing a notice in a form to be approved by the Town Attorney for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerks Office said notice, and BE IT FURTHER --� RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give written notice of the proposed amendments to the Zoning Ordinance of the Town of Queensbury, a copy of the Generic Environmental Impact Statement and a copy of this resolution in accordance with the written notice previously described to be in a form approved by the Town Attorney, to be delivered 10 days prior to the following: Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice pof thetTown Section 264 of the Town Law of Queensbury and the Laws of the State of New York, the zoning regulations the State of New York, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is hereby authorized and directed to give notice of said proposed amendments to the Zoning Ordinance, a copy of the Generic Environmental Impact Statement and a copy of this resolution and refer said documents and said copy to the Warren County Planning Agency and the Town of Queensbury Planning Board for their review in accordance with the laws of the State of New York and Zoning Ordinance of the Town of Queensburt copies of aidhagOrdinance, n�' es alreadysha e resolution copies of copies of the notices be given to said agencies the same, and BE IT FURTHER RESOLVED, that the Town Planner of the Town of Queensbury is also hereby directed to give a copy of the proposed amendments, a copy of the Generic Environmental impact Statement and a copy of this resolution to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 22nd day of January, 1990, by the following vote: 77 Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO CONDUCT SHAMROCK SHUFFLE 5 MIL ROAD RACE RESOLUTION NO. 63 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Adirondack Runner Club has requested permission to conduct a SHAMROCK I SHUFFLE 5-MILE ROAD RACE as follows: SPONSOR: The Adirondack Runners Club EVENT: SHAMROCK SHUFFLE 5 MILE ROAD RACE DA TE: March 18, 1990 PLACE: Quade Street south to Sherman Avenue, west to Wintergreen Lane, north to Old Forge Road, east to Dixon Road, east to Horicon Avenue, northeast to Glen Street, south to Sherman Avenue and west to Quade Street, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby gives permission, upon the receipt of proof of insurance, to the Adirondack Runners Club to hold the Shamrock Shuffle 5 Mile Road Race in the Town of Queensbury, and BE iT FURTHER i i RESOLVED, that the Town Clerk of the Town of Queensbury be directed to notify the Warren County Sheriff's Department of such an event. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr, Kurosaka RESOLUTION AUTHORIZING EXECUTION OF EASEMENTS REGARDING CRONIN ROAD CULVERT BRIDGE REALIGNMENT AND AUTHORIZING RATIFICATION OF SUPERVISOR'S SIGNATURE RESOLUTION NO. 64, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town Board of the Town of Queensbury has approved several resolutions in relation to the Cronin Road Culvert Bridge Realignment Project, and WHEREAS, it has been determined that it is necessary to obtain certain easements from adjoining property owners along Cronin Road so that the Highway Department may complete said Project, and WHEREAS, the aforesaid easements have been reviewed by the Town Board and are presented to this meeting,. and WHEREAS, the Town Supervisor has signed one such easement with Raymond R. Rios, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies the Supervisor's signature, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute, sign and affix the Town seal to any and all easements, affidavits or other document necessary to complete the easement acquisitions in relation to the Cronin Road Culvert Bridge Realignment Project. 7 8 Duly adopted this 22nd day of January, 1990, by the following vote: 1 Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None . Absent: Mr: Kurosaka RESOLUTION AUTHORIZING SUPERVISOR TO SIGN CONTRACTS RESOLUTION NO. 65 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town of Queensbury is desirous of entering into a contract with the following organizations: Big Brothers/Big Sisters Chapman Museum Vietnam Veterans Mountainside Free Library Glens Falls Senior Citizens, Inc. Hyde Collection Voluntary Action Center and WHEREAS, the aforesaid contracts have been reviewed and are presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the contracts set forth above, and BE IT FURTHER RESOLVED, that payment due on said contracts be paid from previously budgeted accounts. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos a ' Noes: None Absent: Mr. Kurosaka RESOLUTION TO REVISE FORM USED WHEN REVIEWING ZONE CHANGE APPLICATIONS RESOLUTION NO. 66 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury adopted a form for the purposes of assisting the Town Board in its review of applications for rezoning in the Town of Queensbury by resolution #550, dated December 13, 1988, and WHEREAS, the Town Board approved certain revisions to said form by resolution #41, dated January 10, 1989, and WHEREAS, the Senior Planner for the Town of Queensbury, Mrs. Lee York, has recommended additional amendments to said form, which amendments have been presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the amended form, as presented at this meeting, is hereby adopted for the purposes of assisting the Town Board of the Town of Queensbury in its review of rezoning in the Town of Queensbury. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 79 Noes: None Absent: Mr. Kurosaka RESOLUTION APPOINTING MRS. LEE A YORK AS SENIOR PLANNER RESOLUTION NO. 67 of 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury previously established a Planning Department for the Town of Queensbury, and has previously hired several individuals to staff said department, and WHEREAS, Mrs. Lee A. York was hired as a Senior Planner for the Town of Queensbury under terms of employment which consisted of essentially working 314 time and being paid 314 salary for the position of Senior Planner, and WHEREAS, the Town Board of the Town of Queensbury, after meeting with Mrs. Lee A. York, has decided to change the terms of employment to make the position full-time, and WHEREAS, Mrs. Lee A. York has accepted and consented to the position as a full-time position and desires to be employed in the same as full-time, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the position of Senior Planner as a full-time position for the Town of Queensbury, with a full-time salary having been established in the 1990 Town Budget with the salary having been previously established by resolution of this Town Board on the 2nd day of January, 1990, and BE IT FURTHER RESOLVED, that Mrs. Lee A. York is appointed to the position of Senior Planner in accordance with the terms and provisions of Town Law Section 20 of the State of New York. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka R EPOR TS Town Clerk - Monthly & Yearly(1989) - on file Dr. Charles Eisenhart - Yearly(1989)- on file COMMUNICA TIONS SUPERVISOR BORGOS received official Americade Magazine, shown to Board members. LTR to Supervisor from Nick Caimano - resignation from Assessment Board of Review. RESOLUTION TO ACCEPT RESIGNATION RESOLUTION NO. 68 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Nicholas Caimano has submitted his resignation from the Board of Assessment Review, NOW, THEREFORE BE IT i RESOLVED, that the Town Board of the Town of Queensbury accepts the resignation of Nicholas Caimano with regret and appreciation for all the time and effort he put forth in his service on the Board of Assessment Review. Duly adopted this 22nd day of January, 1990, by the following vote: i Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka 80 COUNCILMAN MONA HA N-Recommended efforts made to welcome the Americade such as banners. SUPERVISOR BORGOS-We have a request from the North Queensbury Rescue Squad, for the Town of consider paying for the hepatitis shots that are now recommended for rescue squad workers. Noted the lowest cost for serum, $128.49 per person. Would like to discuss and get a recommendation from our Health Officer, Dr. Evan's. CORINTH ROAD REZONING COUNCILMAN MONAHAN-Request a workshop with the Planning Department and Planning Board, to discuss what we want exactly in a Light Industrial Zone or if we're going to have more than one kind of Light Industrial Zone with different uses. Agreed to hold a workshop at 7:30 on Monday the 29th. i RESOLUTION CALLING FOR EXECUTIVE SESSION i RESOLUTION NO. 69 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss pending litigation, potential litigation, personnel and professional services after the approval of Audit of Bills. i Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent: Mr. Kurosaka RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 70 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the 1989 Audit. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosaka RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 71 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOL VED, that the Town Board of the Town of Queensbury hereby approves the 1990 Audit. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako _r RESOLUTION TO RESCIND RESOLUTION NO.'S 70 & 71 OF 1990 RESOLUTION NO. 72 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby rescind Resolution 70 and 71 of 1990. 8� Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr..Kurosaka RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 73 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Audit of Bills appearing on Abstract January 22nd, 1990, numbering 90-107 through 90-409, totaling $235,752.95 for 1989 and totaling $337,424.20 for 1990 be and hereby is approved. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka i A T TOR NE Y D USEK discussed the following subjects with the Town Board: ' -Ciba Geigy sidewalks. SUPERVISOR BORGOS referred to telephone discussion this afternoon with Mr. Komoroske on their latest position, either you let us put the new ones in or we're going to leave the old ones and you'll have to maintain the old sidewalks. Town Board agreed that their position is the same, do not want the sidewalks and direct the Town Attorney to review and get the Town out of it. -Local Law concerning Recreation fees, issued to the Board members. t COUNCILMAN MONA HA N-Concerned that the power stays in the hands of the Town Board to decide whether we're going to take land or fees. COUNCILMAN MONTESI-Would be difficult for every subdivision. Agree in handling the P UD's. ATTORNEY DUSEK-I've made a note to add a provision relative to the PUD's. COUNCILMAN POTENZA-The Master Plan will address the Recreational needs. ATTORNEY D USEK-Suggest adding some language to this local law, to make certain determinations, adding that they would have to review the recreational master plan. RESOLUTION CALLING FOR REGULAR SESSION OF THE TOWN BOARD RESOLUTION NO. 74 of 1990, Introduced by the entire Town Board. RESOLVED, that the Town Board of the Town of Queensbury hereby moves in Regular Session of the Town Board. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 1 Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 75 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. ti 82 WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel-, for the Town of Queensbury, such counsel having made a recommendation to the Town Board, NOW, THEREFORE BE IT RESOLVED, that the following case be settled with respect to the 1988 assessment roll as indicated and as follows: 60-7-3.3 - Adirondack Manor Homes for Adults - to be assessed at $1,157,000.00(1988). Duly adopted this 22nd day of January, 1990, by the following vote; Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka. ATTORNEY DUSEK on the record, I can state that the Assessor has also indicated that she feels that this is the appropriate number for this to be assessed at. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 76 of 1990, introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss pending litigation, potential litigation, personnel and professional services. Duly adopted this 22nd day of January, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY