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1990-04-23 SP SPECIAL TOWN BOARD MEETING APRIL 23rd, 1990 7:00 P.M. MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI IOUNCILMAN BETTY MONAHAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Kathleen Kathe, Dave Hatin, Paul Naylor, John Goralski, Pat Collard, Bob Eddy PUBLIC HEARING PROPOSED AMENDMENT TO SIGN ORDINANCE OPENED 7:03 P.M. Supervisor Borgos-We discussed this at our last workshop session essentially it would remain the same, as I recall we just deleted the word "color" from those things that should be making a determination as far as signs are concerned and primarily that is so corporate logos could go on for identification purposes. We heard a great deal of discussion at that time we now have a prepared resolution. John Lapper-Attorney with Lemery and Reed, Glens Falls. I would like to thank the Board for considering the resolution. I'm here on behalf on two corporate citizens Frank's A Lot and Blockbuster Video which will hopefully open in the Queensbury Outlet Center in the next few weeks. I guess, I would like to say in response to Carol Whalen's article on Steve in the Chronicle that from our last meeting I don't think I represent paramus type urban sprawl in terms of my two clients here. There is a balance between responsible development and the type of development that Carol is mentioning in the article and I think that both of my clients Here are good corporate citizens. Sometimes when you have national franchises or just someone __that wants to do a nice job it's important not to hamstring them with the existing colors that are in a plaza for signs that advertising is very important as we all know and they can do a nice job with colorful signs that won't be offensive at all and Pat is here to make sure of that. But, the way the Ordinance is structured now it's kind of difficult for someone coming to Town to know exactly what's going to be expected and I think this clarifies it, I don't think it's asking for too much with most of what was left there in terms of coordinating the signs without color and I hope that you'll all agree. Thank you. Councilman Monahan-I would like to say one thing. I disagree with Mr. Lapper's use of the word "hamstring". I think that the Building and Planning Department have worked very well with corporate people that have come into this Town to try and work well with them in the matter of signs. We do object to some oversize and so on and so forth and I do really object to that word "hamstring" when the Town has tried to work very cooperatively with corporate people. Mr. Lapper-I certainly didn't mean to offend anybody. I've been seeing what Bob Eddy and the Beautification Committee has been doing for years with signs and anyone who comes into Town sees that Queensbury has a lot of wood carved signs that's one of the things that is very attractive about this Town. I just think that on the otherside you don't want to prevent people from using national trademarks which are in some cases required and in some cases developed over many years for easy identification and I don't think that a good sign and a trademark are necessarily in conflict. Bob Eddy-I'm not here to talk with the backing of the committee which I've chaired for 24 years, but because I've haven't presented the proposition to them. But, I have an idea and .__..._.you probably do too what they would think. But, I have been a member of the Sign Ordinance Committee that put up the present Sign Ordinance in 1976, I have worked for 2-21 years in the Building Department inventorying the signs of Queensbury, I think probably I know as much about signs as anybody in the Town. In January of 1986, I rewrote the Sign Ordinance the way I thought it looked from my viewpoint. . .inventory, then it took 4 years for us to get the committee together to review it. Of course, you've had important things to do, but I thought this was important too. In Queensbury here, I think you'll all agree we have a bodge podge of architecture, a hodge podge of a lot of other things and it's not a very pretty Town from the standpoint of commercial. Therefore, I've got to oppose any chance of weakening the Ordinance as it is it's just going to add to the hodge podge. There are alternatives and I think that those people 308 should consider the alternatives. The case of whether we knuckle into a bunch of outsiders or whether we consider the people who live here and have to put up with the hodgepodge that we have. I would oppose any weakening of the Ordinance when we prepared this present Ordinance we intentionally tried to avoid any hodge podge the only places of any coordination will say, is one plaza down here I'm not sure that I go for adirondack Gothic architecture, but then they have got all of their signs all coordinated you know the one I'm referring too. Unfortunately one of the other plaza's hasn't had any coordination of leadership of the organization that owns the plaza they are fighting among themselves through the courts and all that sort of thing and they have not corporated at all with us. I think it's up to the owner of a plaza to make sure that they have proper signs that coordinate and are used in connection with the Ordinance as well as other beautification propositions. But, we've tried to work now with office parks and industrial parks we find that maybe we will get some cooperation there so that they can have the coordination of the appearance. We've got one office park that is started they got one building that certainly doesn't comply with the one that's going to come up shortly which is more of a Taj Mahal than the one that's existing, I think you probably know which one I'm referring too. I think that maybe we can get some cooperation perhaps from them if we're going to try to work through the Planning Board. One of the things that I've tried for many years since 1970 to give you an idea, 20 years, is to get a Architectural Review Board, and I've been unsuccessful in 20 years I don't know if it's going to take me 20 years longer or not I'm not sure I'll be around in 20 years to see that it gets done. But, it's just a hodge podge and I like to see us correct that as much as we can, at the present time we're working on the ordinance if there is any changes to be made that we ought to do it when the ordinance comes up as it will pretty shortly because we're pretty much finished with our work. The committee that is working on the ordinance discussed this at their last meeting and they came up with some wording that they would want to have I think it was. . . Pat Collard-It would be desirable. Mr. Eddy-Desirable to have. I'll file a one-man objection to that and say that I don't think that it is at all good. There are alternatives and I would hope that you would defect this right at the moment until such time until we come up with another ordinance. Thank you. Supervisor Borgos-I would just like to speak to Mr. Eddy about this subject. One of the primary concerns of the Board and of the individuals who have brought this to our attention is the fact that the way it's written "color" would totally eliminate some firms from having their facility in a particular shopping center, those firms who have national logos; Kodak, Mobile, National Car Rental, any of those places that must have that logo for identification in any size even if it's just a little part of the sign. I don't know if that was your intent initially, but certainly that's a major objection that's the biggest reason for getting involved with color. Mr. Eddy-If there weren't alternatives Steve, I would say okay, but there are alternatives. Supervisor Borgos-But, there are times when there aren't and Ms. Collard is stuck with having at the present time having to be able to say, gee if this is a green logo if there is no other green in this area you can't go in here and this seems inappropriate to some of us. Mr. Eddy-Well, I recognize the point, but are we going to have a hodge podge or are we. . Supervisor Borgos-Our consensus the other night was that if we're coordinated as to material, size, shape, and placement do we have a hodge podge. Mr. Eddy-Yes. I can name you one plaza that has all the signs coordinated so far as size is concerned and they have the same background they have red letters and you probably know which one I'm referring to except for one sign and it messes the whole thing up it looks terrible and I like to have that corrected. When I quite my job on inventory in October of 1987, 1 found 189 signs that are nonconforming under the present ordinance at that time practically all of those signs unless the people have gone out of business are still existing. I'm not blaming the Building and Codes Department for this, Dave Hatin has work to do too as we all know, but on the other hand it certainly is no reason why itshouldn't have been done in 2-21 years. Supervisor Borgos-Probably the only answer to that is just everybody is very very busy with top priorities and that hasn't been the top priority maybe it should be, but then water and sewer _ and other things have to suffer. Mr. Eddy-I recognize the problems I'm not unaware of the problems because I've been connected with Town for that long of time myself without realizing what problems we run too. But, as I say are we going to knuckle into outsiders or are we going to run the Town ourselves? Supervisor Borgos-Again, personally even though I've been here 43 years I guess I'm an outsider most of us moved here, you were born here and at some point we all were outsiders. I personally think realistically if we leave the problem of these decisions in the hands of an individual and 309 make an individual make a color judgement that's unfair to the individual making that judgement. I think that what Pat might like red, and I might like blue, and you might like green, I don't think that's fair to anybody not to the developer's either. I personally would like material, size, shape, and placement because you can quantify those things you can go out and measure them you can't measure color. I like the picture on the wall you might not like the picture on the wall I'm afraid that what we're into with the old regulations. I know what your trying to say and what your saying. Mr. Eddy-But, if there weren't alternatives I would say okay, but there are alternatives. Councilman Monahan-Steve, I think the other thing that I was. . .when a company says they don't have their logo I disagree with that. Companies have always been able to have their logo within the background color of the sign. You can reduce that logo and make it a part — of that sign. Supervisor Borgos-Not as the regulations stand now. Councilman Monahan-We've done it before. Supervisor Borgos-This is exactly what we've said. Pat has said how she interprets the regulation now if everybody has green backgrounds you can't put a yellow Kodak there of any size, you can't put a corporate logo of any size there if it's green. Pat Collard-When you talk about logo you have to include the color as well. Councilman Monahan-There is a difference between the color of the sign and the color of a logo they're two entirely different things. As Rueensbury has a logo that could go on white paper, blue, green whatever it does not change your logo. I think that is one thing of the things probably Bob is trying to say is that you can have your logo incorporated within the background color. Supervisor Borgos-Except that certain corporate logos such as Kodak, such as Thifty, such as Mobile, must have the color as well as the style. Councilman Monahan-That is right, but they don't have to have the sign that whole color they may have their logo within the sign. Supervisor Borgos-Pat says that you can't do that her interpretation is that you can't do that at the present time. Councilman Monahan-I would disagree with Pat on that. Councilman Montesi-Arbitrary and capricious. Supervisor Borgos-That's the problem we've got the way it's written right now. Councilman Monahan-I do have a problem with the whole size of the sign becoming the logo. Councilman Kurosaka-Or a logo becoming the sign it's ridiculous. Councilman Monahan-Go up and see it up George on Lake George Road. Supervisor Borgos-The way it's staying it says, the sign shall be coordinated as to material, size, shape, and placement. Councilman Kurosaka-It has to be the same like the rest of the signs? Supervisor Borgos-It's got to be the same size, shape, placement and the same material. All we're talking about is color. Councilman Monahan-But, the logo could be. . .under this new proposed version the way it's written. But, as far as the rest of it the whole logo can become the sign the logo doesn't have to be incorporated within a background sign it can become the sign. If you go up in one of the shopping centers you will see that sign that we're talking about it's already up and see what you think of U. Councilman Kurosaka-I was on the Sign Ordinance Committee with Bob when we wrote it and we're trying to prevent that. Councilman Monahan-I just went out and saw one of the most grossest infractions of our Sign Ordinance and Bob I want to talk to you about that later. 310 councilman Kurosaka-We always got these companies coming in saying; this is our logo we go to have this, we got to have this sign and we wrote the ordinance to prevent it: Supervisor Borgos-That way, size, shape, placement, and material will still be in here it's just that an individual's opinion of color will not be here. Some shopping centers already have twelve different colors. Councilman Kurosaka-There was a good example of the shoe sign up in the Zayre Plaza remember that damn thing. Councilman Monahan-I sure do. Councilman Kurosaka-That was perfectly the same size and shape as everybody else's, but it was a monstrosity with all the stuff on it, it was horrible. I wasn't here for your discussions on this. Supervisor Borgos-We went into lengthy discussions. Councilman Montesi-I just think this solved the biggest problem that we had and that is our Code Enforcement Department had to appear to be arbitrary and capricious. I'm mean what is seen in the eyes of the beholder, the beholder being Pat, is not being color coordinated was arbitrary to everybody else. I think this removes that bit of capriciousness if you want out of the ordinance and makes for more sense. Supervisor Borgos-That's how I feel, I would not have to want to enforce it the way it was before. Mr. Eddy-1 think what it boils down to is not necessarily a job for us so far as the Town is concerned in plazas. I think the job is the person or the corporation that owns the plaza as making up their own plan as to signs and then submitting it to us. That's the way the mall was done, the mall submitted their plan to their people they decided, and their going to stand by that and the Board, everyone is going along with that. Supervisor Borgos-At the moment we don't have any regulation in place that says for a new mall they must come to us for approval of the size and shape they have guidelines as long as their not greater than a certain size as long as they're coordinated. Councilman Kurosaka-It should be part of their site plan review. When they come in for that site plan review they should bring in a sign design. Supervisor Borgos-It's not for us to tell them that a triangle is better than a square. Councilman Monahan-That wasn't the point. Whenever these buildings came for site plan review their owned by a developer to start with and he sells or leases when he used to come in front of the Planning Board he also came in with a sign design for his whole plaza which was approved as part of the site plan. Now, what's going on there now I can't tell you maybe they've forgotten that step that used to be the standard procedure. Councilman Montesi-Think about the problem when we designed the mall we thought we had it coordinated god forbid there should of been a Howard Johnsons in a mall with a orange roof that's a national logo the color orange is in essence a sign. Councilman Monahan-Ron, I have to disagree with you on that because now I'm seeing Burger Kings in the big cities and their not looking like the ones do out here. Councilman Montesi-I'm talking about a Howard Johnsons that has an orange roof whenever you drive along the thru-way your looking at an orange roof. Councilman Kurosaka-You don't find Howard Johnsons in mall though. Councilman Montesi-I'm just saying. Supervisor Borgos-But, your still finding Burger Kings with the Burger King logo even in those _ other buildings that are designed to look like every other building they still have their colors because that is their corporate logo color. Councilman Monahan-That is true they may have them within the discretion and the jurisdiction they can't become as we told McDonald's when they moved in here, your not coming in with those big arches. Supervisor Borgos-Right, but Pat is saying the way it's written now Burger King can't go into an area unless their colors match the other colors and that's the whole criteria. Do we have 311 anyone else that,wishes to speak? If not what's the pleasure of the Board do you want to go ahead and vote on this? We have some prepared resolutions let's call it to vote and see what way it goes. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF AMENDMENT TO THE TOWN OF QUEENSURY SIGN ORDINANCE SECTION 6.103 RESOLUTION NO. 249, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is considering amending the Town of Queensbury Sign Ordinance Section 6.103 to read as follows: __- "Shopping Center - 1 free standing sign, denoting the name of the shopping center shall be permitted for each entrance fronting a different street or highway. Each occupant of the shopping center shall be permitted 1 wall sign on the portion of the exterior wall. Wall signs for each occupant of a shopping center shall be coordinated as to material, size, shape, and placement" and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the aforementioned amendment to the Town of Queensbury Sign Ordinance proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the said amendment with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Part II of the said environmental assessment form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said environmental assessment form and to check the box thereon indicating that the proposed amendment will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed negative declaration is hereby approved and the Town Clerk is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: Mr. Kurosaka, Mrs. Monahan ABSENT:None RESOLUTION ADOPTING AMENDMENT TO THE TOWN OF QUEENSBURY SIGN ORDINANCE SECTION 6103 RESOLUTION NO. 2502 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury desires to amend, supplement, change and/or modify the Town of Queensbury Sign Ordinance Section 6.103 which designates those wall signs which occupants of shopping centers will be able to display, as follows: 312 "Shopping Center- I free standing sign, denoting the name of the shopping center shall be permitted for each entrance fronting a different street or highway. Each occupant of the shopping center shall be permitted 1 wall sign on the portion of the exterior wall. Wall signs for each occupant of a shopping center shall be coordinated as to materials, size, shape and placement." and WHEREAS, the said proposed amendment is worthy of consideration for legislative action, and WHEREAS, pursuant to Section 130 of the Town Law of the State of New York, a public hearing on the proposed amendment to the Town of Queensbury Sign Ordinance was held on the 23rd day of April, 1990, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts the proposed amendment to the Town of Queensbury Sign Ordinance, to read as follows: "Shopping Center - 1 free standing sign, denoting the name of the shopping center shall be permitted for each entrance fronting a different street or highway. Each occupant of the shopping center shall be permitted I wall sign on the portion of the exterior wall. Wall signs for each occupant of a shopping center shall be coordinated as to material, size, shape and placement" and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to have said amendment published and posted pursuant to Law, and BE IT FURTHER, RESOLVED, that said amendment shall take effect ten (10) days after its publication and posting, and any part of the Sign Ordinance which is inconsistent with said amendment shall be deemed amended or repealed. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: Mr. Kurosaka, Mrs. Monahan ABSENT:None DISCUSSION HELD Supervisor Borgos-Mr. Eddy mentioned earlier that they've got another proposed revision of the Sign Ordinance coming through perhaps your group can address what we've discussed here tonight in slightly different language that would still accomplish your goals and still take care of Pat's type of problem. Perhaps by discussing with Pat we can incorporate into that further revision those things that would still protect your interest and take care of the interest of the outside developers, I think there is a possible way to do that. Mr. Eddy-There is no need for all of this they have an alternative. Supervisor Borgos-I'm just saying this has been changed as of now, but I think in your proposed new changes you can look at this same idea and find another way to accomplish that and still share your concerns. Mr. Eddy-I don't agree with what you've done at all, I think it's going to add to the hodge podge and the Town. . how you stand now it's just going to contribute to the hodge podge. Supervisor Borgos-1 disagree with your conclusion, but will be friends. Thank you for coming. PUBLIC HEARING CLOSED 7:25 P.M. RESOLUTION CALLING FOR BOARD OF HEALTH 313 RESOLUTION NO 251, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None Supervisor Borgos-We have before us a problem concerning a house infested with rats. This problem came to my attention approximately a week ago we thought it was cleared up. There is one elderly resident who resides in this house currently in the Glens Falls Hospital the hospital is trying to discharge her, a woman I believe 79 years old with terminal cancer. The situation is as I understand Social Services really feels the home is not suitable it had 9 cats in it and a equal number or greater number of rats as I understand the rats are at least as big as the cats to give you some idea of the problem. The poisoning has taken place. . . Councilman Monahan-Have you talked to the owners? Supervisor Borgos-Yes, I understand that Social Services has placed the cats. I understand the rats have been trapped in the last couple of days. The problem is that the hospital wants this woman to be discharge to her home, Social Services says, it's not habitable even though they cleaned it up to some extent. Our Building Code and Enforcement Officer has gone and made on-site inspections they believe it's not habitable. Our Health Officer has contacted me by phone to say, that he believes it should not be inhabited we have to take some type of action if we want to see that the woman does not get shipped back to home. Mr. Hatin is here maybe you can fill us in. Did you get a number on the rats? Mr. Hatin-I've brought Liz Bruce from Social Services tonight to testify to the Board. I have not personally been to the residence yet I'm going to ask for sometime to investigate further other than this rat problem also. As far as I know she has found only 2 rats which she buried today, right? Liz Bruce-Caseworker for Adult Protective and I've been working with Elizabeth Miner since 1988. Now, the hospital held off on discharging Mrs. Miner to the house until they could get the house cleaned up. When I saw the condition of the house and the fact that our cleaning lady said there were rats in the house which I had not seen, but she did we had Mr. Martin go in and he verified there were rats he contacted Mr. Eldridge and Mr. Eldridge was told how to dispose of the rats. They were not trapped, he took, in according to Mr. Hatin, he put in 16 pounds of rat poisoning. The second bowl of rat poisoning was there today, one whole bowl has been disposed of by the rats, but when I went in there today prior to her being released from the hospital there were two dead rats in the bedroom which I got buried. We have been telling the hospital she should not be returned to this house, in the shape the house is in. Public Health took one look at the house and the rats and said, absolutely not so they called the hospital and stopped the discharge. Now, Mr. Hatin says that. . .have got a house that is structually safe the only problem is the amount of rat poison, what I disposed of today, so there would not be any in the house, was in a diameter bowl of that size, so, most of the 16 pounds is going somewhere, which means that there are more than two rats. There are rat holes throughout the walls and there are holes and rotted spots in the floors I don't know what kind of a. . .floor the house has, but the balance of the rats are somewhere there has to be more than two rats to eat 16 pounds of rat poisoning. The rats have been in the walls all this time anyway the rats are either in the walls or under the house or somewhere and I suspect there are probably a lot of dead rats still within the house, of course, it's warm weather and they will start to smell. Supervisor Borgos-It's your opinion that the house is unsuitable for living? Liz Bruce-Yes. Supervisor Borgos-As it is now? Liz Bruce-As it is now. Councilman Potenza-Can I ask what the alternative is? My concern is will Social Services find another location for this woman? Liz Bruce-If it's appropriate. The hospital asked me today to put her in a motel, now she is 314 terminally cancerous, they are going to have to put home health aids in the home with her whether or not they consider a motel as an appropriate placement until we can place her. Now, they say this woman is mentally competent physically no, but mentally competent. Councilman Montesi-How many cats are there? Liz Bruce-She has seven cats which we have temporarily been boarded and the boarding is paid by donations through Family Services the boarding was only paid up through today. I'm not going to be able to find a house to take seven dirty cats these are unhouse broken indoor cats she has never house broken these animals. I don't know where I'm going to place her if she coming . . .do anything with the cats. Councilman Montesi-Whose been taking care of the cats while she has been in the hospital? Liz Bruce-Family Services agreed to pay for the boarding and Dr. O'Connor put them at a reduce rate in the ASPCA section of his Glens Falls Animal Hospital, but Family Services has only agreed to pay a certain amount on the cats which is running out as of today or tomorrow. Councilman Kurosaka-How many cats did you say? Liz Bruce-Seven and they are unhouse broken cats. Councilman Montesi-Does the Health Department assume the responsibility or liability of today's hospital stay by advocating that she doesn't go home? Liz Bruce-I can't answer that. Councilman Monahan-Obviously we're saying in the hospital there is no place for her to go, keep her there at some point the hospital is going to say whose paying for this, medicare? Liz Bruce-She is on medicare. She is medically to the point where she can go home to die which is essentially what she should do, so we will have to find some kind of housing that will take her that is difficult with someone who is terminally ill. Councilman Montesi-Hospice? Liz Bruce-We have no hospice in this area. Councilman Monahan-How can a motel room be considered a proper place for a terminally ill cancer patient (tape turned) no way to provide good nutrition within a motel room the whole thing is obscene to even suggest such a thing. Liz Bruce-It was not my suggestion it was the hospitals. Councilman Montesi-That isn't our concern at this point. Councilman Monahan-It is my concern as a member of this Town Government how the citizens are being taken care of whether or not it's within our purview or not. It's still something that I think is of our concern when people are starting to be warehoused and talked about like a mack truck how we will take care of them to fix an engine or something I think it's about time somebody in this Town does something. Supervisor Borgos-We certainly don't want her to be sent back to this house. Councilman Montesi-No. Supervisor Borgos-It's unsuitable. Councilman Potenza-That's the issue we have to deal with. Councilman Monahan-That is another issue that is unacceptable. Supervisor Borgos-Let me ask out Attorney who's on the spot he didn't know this was coming up. Do you have specific questions that you would like to have answered in a specific order? Attorney Dusek-Yes. If I may ask Mrs. Bruce a couple questions. Mrs. Bruce, in addition to finding the rats can you describe the general appearance of the house inside? Liz Bruce-Since we have. . .cleaned the house it's relatively clean the smell is horrendous. About 80 hours of work was put into the house to get it in it's present condition right now. Attorney Dusek-Is it your opinion that the house is still unsuitable to be habitated by this lady? 315 Liz Bruce-Yes. Public Health when she came in today said it was. Attorney Dusek-Who is public health? Liz Bruce-Margaret Goetz, the public health nurse. Attorney Dusek-She is a nurse? Liz Bruce-Yes. Attorney Dusek-Did she say why it was not possible to be habitated? — Liz Bruce-The house is still dirty enough, the condition of the house and the horrendous smell that she doesn't feel that we could get public health aides to go in the house and take care of this woman. Attorney Dusek-Have you been experienced in these types of matters before, have you been in houses that are basically uninhabitable? Liz Bruce-Absolutely. Unfortunately the way the laws are that a person is mentally competent no matter how physically incompetent they are if they chose to go home even to a horrendous situation the hospital has to discharge them to that situation. Attorney Dusek-Just talking about your experience for a moment as far as being exposed to these types of houses you have seen houses before that the public health nurse have found or determined to be uninhabitable? Liz Bruce-Yes. Attorney Dusek-That your testimony here tonight before this Board that the public health nurse was at this house and she in fact has said it was uninhabitable? Liz Bruce-This afternoon she said it at 4:00 p.m. Attorney Dusek-Do you know if she would be willing to issue some sort of a letter just indicating that to the Board? Liz Bruce-Probably. In fact, public health called me when I was at an emergency call to the hospital, they called me, and asked me to come and attend tonight and I said I would. I'm sure that they would do something of that nature. Sharon Sheldon is the public health nurse that called. Attorney Dusek-What is your position? Liz Bruce-I'm a case worker with Adult Protective in Warren County Social Services. Attorney Dusek-I think that is enough. Councilman Monahan-Has this patient been on chemotherapy? Liz Bruce-Yes. She has been going everyday. Councilman Monahan-I mention this Paul, because anybody on chemotherapy their resistant is way down and they can very easily get infections and pick up anything that's around. I would assume from what your saying that the cats have been using the house as a bathroom? Liz Bruce-That's correct. Councilman Monahan-I would feel that probably no matter what you do to clean it your not able to remove all traces of the cats using this house as a bathroom solids can be removed, but anything that's gone into the floors can not be removed. Liz Bruce-That's correct. That's why the house smell is so tremendous right now. Councilman Monahan-Plus the fact I would think a danger of infection from that, if your going to have rats dying in the walls you have another source of infection. Liz Bruce-I'm sure there has to be more than two rats. Supervisor Borgos-Let's ask Mr. Hatin, I don't know if you've personally been there. 316 Mr. Hatin-No I haven't and what I would like to ask the Board if they would take some official action to cloy o ti►e house until I can further evaluate whether the house is suitable for living in the future and also I would like to evaluate the structual part of it and I haven't had the chance to do that yet. Supervisor Borgos-Let me ask our Attorney again, do we have the authority as the Board of Health to close it until such time as determination could be made about the future of the building? Attorney Dusek-I think that the Board's authority as it is vested by the public health laws is to control a nuisance if the control of a nuisance requires as part of the controlling problem obviously the order would be to get rid of the nuisance you could also stipulate that until the nuisance was dispose of that nobody should occupy the house so I think you have that kind of _ authority. Supervisor Borgos-We can do that without a public hearing without a hearing for the owner? Attorney Dusek-Yes. Supervisor Borgos-This is a little different from some of th � other ones we've had. Councilman Potenza-Does she own this house or does she rent it? Liz Bruce-She rents the house. Supervisor Borgos-The owner had been out of town for a week, I understand that he has now been notified and he placed the rat poison as I understand. Attorney Dusek-One question for Mr. Hatin, has any attempt been made to contact the owner and have him present do you know? Mr. Hatin-No. I don't believe, everything kind of happened very quickly we were able to get a hold of Mrs. Bruce to take emergency action that's why I wanted time to evaluate the rest of it. Councilman Montesi-Steve, are you saying we could close the house as the Board of Health from the documentation that we heard tonight in our discussion and probably finally condemn the house for more information? Supervisor Borgos-Or take whatever other action. Councilman Kurosaka-The house is structually sound. Councilman Montesi-Dave's point would only add to it and if it was structually sound it still wouldn't have any bearing on our determination we're dealing with a health hazard. Supervisor Borgos-If it gets cleaned out at some point then we could re-open it. Mr. Hatin-The only thing that I'd ask from the Board is that they more or less close the house to any habitants so it can't be inhabited until we further evaluate the situation. If going in and gutting the building and replacing the interior of the building will get it back to a reasonable condition to be occupied. RESOLUTION REGARDING BOARD OF HEALTH ORDER-PROPERTY LOCATED AT TAX MAP NO. 83-1-12A RESOLUTION NO. 1, 1990,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury meeting as the Local Board of Health has received information from Mr. David Ilatin, Director of Building and Codes that a certain house bearing a tax map number 83-1-12.1 and located upon the northerly portion of the parcel for which the tax map number was previously given appears to be unsuitable for habitation due to certain nuisances which Mr. Hatin has brought forth to the Board with the assistance of Ms. Liz Bruce NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury after listening to the testimony given by Mr. Hatin and Ms. Liz Bruce hereby finds that the testimony has revealed that there were at least two dead rats which were disposed of from the premises on this date, that there was bowl filled with sixteen pounds of rat poisoning which is now practically empty according to the testimony of Ms. Liz Bruce, that there are rat holes existing throughout the premises, 317 that previously there were seven cats which were unhouse broken living within the premises, that the Public Health Nurse for Warren County has stated as Ms. Bruce related to this Board that the house is uninhabitable, that there is a possibility of infection and that generally the building is unsafe for human habitation and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby finds that a nuisance exists and that there is a condition that is detrimental to the life and health of persons that may occupy the premises and be it further ZESOLVED, that the Town Board of the Town of Queensbury hereby issues an order that the iuisance be immediately suppressed and removed and that the premises be completely cleaned _-_ ;object to a further inspection by the Warren County Health Nurse and Mr. David Hatin, Director of Building and Codes Enforcement, and be it further RESOLVED, that a copy of this resolution which contains the findings and conclusions of this Board be served upon the owner and occupants of the dwelling, and be it further RESOLVED, that there shall be no inhabitation of the dwelling until such time as a further inspection is done by this Board or until such time as a further meeting of this Board takes place at which this order is rescinded, and be it further RESOLVED, that as a condition to this order a letter be obtained from the Warren County Public Health Nurse indicating that she feels the house is uninhabitable and as further condition to this resolution the Town Board indicates that it will meet at future date with the owner, at the owner's request, and be it further 1ESOLVED, that Mr. Hatin shall contact the owner of the premises upon presentation of a :opy of this Board of Health Order and with the permission of the owner he shall post the -_-premises as closed. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO AJOURN FROM BOARD OF HEALTH RESOLUTION NO. 2 1990 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby reconvenes as the Queensbury Town Board. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None 1BSENT:None RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE RESOLUTION NO. 252, 1990,Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting with a licensed waste management contractor to receive, package, manifest, load, transport and properly 318 dispose of household hazardous waste to be collected during a Household Hazardous Waste Collection Day to be sponsored by the Town and held in October, 1990, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the action proposed herein, reviewing the environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and airected to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town (Clerk) is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE RESOLUTION NO. 253, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting with a licensed waste management contractor to receive, package, manifest, load, transport, and properly dispose of household hazardous waste to be collected during a HousehoA Hazardous Waste Collection Day, to be sponsored by the Town and held in October, 1990, which collection and disposal shall be conducted in accordance with Department of Environmental Conservation guidelines and proposal documents submitted to this meeting, 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 .111 the bid documents presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that an advertisement for bids for the said collection and disposal of household hazardous waste 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, June 4, 1990, 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 arid re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, 319 RESOLVED, tiat Miss Darleen M. 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., June 4, 1990, read the same 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 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION REGARDING AMERICAN CANCER SOCIETY BIKE-A-THON RESOLUTION NO. 254, 1990,Introduced Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the American Cancer Society has contacted the Town of Queensbury and has indicated that it would like to hold its annual Bike-A-Thou on May 12, 1990, and WHEREAS, as part of the Bike-A-Thou course, several Town roads are going to be used, and WHEREAS, the American Cancer Society has requested that the Town of Queensbury issue any approvals that may be required for said Bike-A-Thon, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury has reviewed the Bike-A-Thon route, and has also reviewed the Certificate of Insurance furnished by the American Cancer Society, and BE IT FURTHER, RESOLVED, that the Town of Queensbury Town Board has no objection to the Bike-A-Thon plan by the American Cancer Society, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be directed to notify the Warren County Sheriff's Department of the event, and the route of the event, as the same has been presented at this Town Board Meeting. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None Discussion was held. It was noted that people were going to be stationed at check points and that Paul Naylor had no objections to the roads being used. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 255, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following professional services, and personnel. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None 320 RESOLUTION TO RECONVENE ?r 1"OOLU` ION NO. 256, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into regular session. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mrs. Potenza, Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW ENTITLED "A LOCAL LAW PROVIDING FOR THE DEDICATION OF PARKS OR RECREATION AREAS OR A PAYMENT OF A SUM IN LIEU THEREOF AS A CONDITION PRECEDENT TO SITE PLAN, SUBDIVISION OR PLANNED UNIT DEVELOPMENT APPROVAL RESOLUTION NO. 257, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, at this meeting, there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law for the Town of Queensbury which would require developers of multifamily units, subdivisions and planned unit developments, as a condition precedent to site plan, subdivision approval or planned unit development authorization and approval, to reserve and dedicate to the Town of Queensbury, Parks and Recreation Areas, upon or contiguous to the proposed development site or in an area that would be beneficial to the site for which approval of the Town Board or Planning Board of the Town of Queensbury is required by law, or, when appropriate, to pay a sum to be fixed by the Town Board of the Town of Queensbury in lieu thereof, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to the adoption of the proposed Local Law, it is necessary to conduct a public hearing on said proposed local law, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:30 p.m., on the 7th day of May, 1990, to consider the 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, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post a notice that has also been presented at this meeting concerning the proposed local law in the manner provided by law. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT FOR SALE OR CONVEYANCE OF SCRAP METAL RESOLUTION NO. 258 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of conveying or selling the scrap metal presently stockpiled at the Landfill, and WHEREAS, the Town Board of the Town of Queensbury previously advertised for the sale or conveyance of said scrap metal, and 321 WHEREAS, Metals Unlimited of New York State, Inc., submitted the highest bid for the sale or conveyance of said scrap metal, and WHEREAS, Metals Unlimited of New York State, Inc., has presented an executed agreement, and a copy of the same is presented at this meeting, and WHEREAS, the Town Attorney for the Town of Queensbury has reviewed the proposed agreement and finds it consistent with the agreement required by the bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement and hereby further authorizes and directs the Town Supervisor to execute the same on behalf on the Town of Queensbury, and BE IT FURTHER, RESOLVED, that any money paid pursuant to this agreement by Metal Unlimited of New York State, Inc., shall be deposited in Account No.: Jl 2632650. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING PETROLEUM BULK STORAGE APPLICATION RESOLUTION NO. 259, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town of Queensbury is presently constructing an office building which will be used to provide the New York State Police with a Satellite Office in the Town of Queensbury, and WHEREAS, as part of the construction occurring in connection with the aforesaid building that will be used as a New York State Police Satellite Office, it is necessary to also provide a gas tank and pumping facility for the New York State Police' use, and WHEREAS, the Town of Queensbury has acquired a gas tank which will be placed underground at the site, and WHEREAS, prior to installation of the aforesaid gas tank, it is necessary to make application and register the aforesaid tank with the New York State Department of Environmental Conservation, NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to complete any necessary forms and applications for registration of the aforesaid gasoline storage tank, with the New York State Department fo Environmental Conservation, and to execute all forms on behalf of the Town of Queensbury, and pay any registration fees that may be due in connection therewith, and BE IT FURTHER, RESOLVED, that any fees due in connection with the aforesaid application be paid from Account No.: H 451451628300. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE 4 322 RESOLUTION NO. 260, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Richard V. Meath and Kathleen Il. Meath have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: "Horizontal separation distances from wastewater sources, as provided for in Appendix A, Table 1, must be met. The separation distance required for holding tanks shall be the same as required for septic tanks", APPENDIX A TABLE I- HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES WASTEWATER TO STREAM WELL OR SOURCES SUCTION WATER DWELLING PROPERTY LAKE GEORGE LINE COURSE (c) LINE AND TRIBS. rr tt IT it n n Absorbtion Field it 20' IT it It it rr if IT tt rr rr n rr n n it rr if IT and WHEREAS, Richard V. Meath and Kathleen H. Meath have indicated a desire to place an absorbtion field 18' from the dwelling rather than placing it at the mandated 20' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 21st, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, — Town of Queensbury, Warren County, New York, to consider the application for a variance of Richard V. Meath and Kathleen H. Meath to place an absorbtion field 18' from the dwelling on property situated at 98 Coolidge Avenue, Queensbury, New York, and bearing a tax map no.: Section 14, Block 13, Lot 10, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 261, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Building & Codes Department, in the Town of Queensbury, wishes to transfer funds because of a lack of funds in a certain account, WHEREAS,the Town Supervisor of the Town of Queensbury has reviewed the Department's request for transfer of certain funds and has approved the same, 323 NOW, THEREFORE, BE IT RESOLVED, that the following funds be transferred in the following manner: From; A2351680-210 To: A2158010-203 Amt.: $5,000.00 (Computer Hardware) (Computer Software Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT WITH STATE POLICE RESOLUTION NO. 262, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town of Queensbury is presently constructing an office building which will be used to provide the New York State Police with a Satellite Office in the Town of Queensbury, and WHEREAS, as a part of the construction occurring in connection with the aforesaid building that will be used as a New York State Police Satellite Office, it is necessary to provide a gas tank and pumping facility for the State Police' use, and WHEREAS, the State Police have indicated that they have a 2,000 gallon tank and certain other equipment that may be used by the Town of Queensbury so that the cost of a new tank may be avoided, and WHEREAS, an agreement between the Town of Queensbury and the New York State Police has been reached and the State Police has executed the same, and WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the Town Supervisor for the Town of Queensbury to execute the agreement on behalf of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement presented at this meeting, previously executed by the New York State Police on April 18, 1990, and hereby further authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING DEPOSITS WITH FIRST NATIONAL BANK OF GLENS FALLS FOR DEPARTMENT OF WASTEWATER RESOLUTION NO. 263, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the establishment of deposit accounts to be used in connection with the Town of Queensbury, Department of Wastewater, NOW, THEREFORE, BE IT RESOLVED, that the First National Bank of Glens Falls be and it hereby is designated a depository of this corporation with authority to accept at any time for the credit of this corporation deposits by whomsoever made of funds in whatever form and in whatever manner endorsed, and said Bank be and it hereby is authorized and directed to pay or otherwise honor or apply without inquiry and without regard to the application of the proceeds, thereof, checks, drafts, notes, 324 bills of exchanke, acceptances, undertakings and other instruments or orders for the payment, transfer or withdrawal of money on deposit with it to the credit of this corporation, for whatever purpose and to whomsoever payable, including those drawn or endorsed to the individual order of a signer, when signed, accepted, or endorsed by any one (1) of the following named persons, or persons from time to time holding the following offices of this corporation: ,Stephen Borgos, Supervisor Thomas K. Flaherty, Director ,and RESOLVED, that the First National Bank of Glens Falls be and it hereby is authorized and directed to honor as genuine and authorized instruments of this corporation any and all checks, drafts or other orders for the payment of money drawn in the name of the corporation and signed on its behalf with the facsimile signature of any of the following officers of this corporation: Stephen Borgos, Supervisor Thomas K. Flaherty, Director Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION APPROVING CONTRACT WITH QEDC RESOLUTION NO. 264, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting with the Queensbury Economic Development Corporation pursuant to the terms and conditions set forth in a proposed Contract presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury has previously adopted a Local Law which specifically authorizes an expenditure of funds to the Queensbury Economic Development Corporation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after reviewing the proposed Contract and, after consideration of said Local Law adopted by the Town Board for the Town of Queensbury, hereby approves the said Contract and further authorizes and directs the Town Supervisor of the Town of Queensbury to execute the same on behalf of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the authorization contained in this resolution shall be subject to receiving a resolution if necessary pursuant to the bylaws or the documents in a corporation of the Queensbury Economic Development Corporation authorizing Fred Champagne's signature on this document, and also further subject to the contract being noted or corrected to the extent that Fred Champagne's title with the Queensbury Economic Development Corporation is inserted after his name. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Montesi RESOLUTION OF DISCLOSURE RESOLUTION NO. 265, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that pursuant to the Town Board Code of Ethics that the Town Board of the Town of Queensbury hereby acknowledges the public disclosure by the Supervisor Mr. Stephen Borgos 325 of this relationship with Patricia Borgos who at this time is being considered for employment by the Recreation Dept. of the Town of Queensbury and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby indicates by a consent of its majority in accordance with the Code of Ethics of the Town of Queensbury that it has no objection to the hiring of the daughter and has duly considered the same and consents to the hiring of this Supervisor's daughter. Duly adopted this 23rd day of April, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan NOES: None ABSENT:Mr. Montesi ABSTAIN:Mr. Borgos WORKSHOP SESSION A Workshop Session was held with the following matters discussed: A. Dave Hatin-Sprinkler Systems B. No Parking - Corinth Road/Aviation Road/Round Pond C. Sidewalks On motion, the meeting was ajourned. RESPECTFULLY SUBMITTED DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY