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1991-10-07 REGULAR TOWN BOARD MEETING OCTOBER 7, 1991 7:00 p.m. MTG#44 RES#524-541 BH40-41 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek PRESS: TV. 8 WWSC Glens Falls Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA SUPERVISOR BORGOS-Opened the Meeting PUBLIC HEARINGS RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 524, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza RESOLVED, that the Town Board of the Town of Queensbury hereby enters as the Queensbury Board of Health. Duly adopted this 7th day of October, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None PUBLIC HEARING SEWER VARIANCE OF DAN LYNCH NOTICE SHOWN 7:02 p.m. SUPERVISOR BORGOS-Opened the Hearing, Asked if anyone wished to comment on this proposed sewer variance? No one spoke Asked for Board comments ...requested Town Clerk to read letter from Mr. David Hatin Town Clerk- October 7, 1991 Town Board Members RE: Lynch Septic Variance Dear Board Members: I recently reviewed the minutes form the previous Board meeting in relation to the Lynch Septic Variance. While it was somewhat confusing as to what the Board was looking for, I do believe that I have some of the answers for the Board. 1. Any time we have taken an application, we have always taken the applicants word that they have presented the information as true and accurate and I have never done a field survey to determine where wells and septics of neighboring properties are and that is why you do not have that before you tonight. 2. We have always made the owner sign the waiver that releases the Town from any liability for placing septic systems closer to the wells than allowed. I have contacted Mr. Battease and asked him to have the Linke's sign a form and bring that with him to the meeting tonight. I am not aware as to whether he will be able to provide that to you tonight. 3. There is a letter in the Town Clerk's file that gives Mr. Battease the right to act as agent for Mr. Lynch and this was acquired at the submission of the application and has been in the file since it was submitted to the Town Clerk. I trust that this will answer all of your concerns. I will be unable to attend this meeting until 10:00; should your meeting still be ongoing at that time, I will be happy to answer any questions. Sincerely, /s/ David Hatin, Director Building & Code Enforcement SUPERVISOR BORGOS- Thank you. Does anyone have any questions? COUNCILMAN POTENZA-Is Mr. Battease available? (Not present) SUPERVISOR BORGOS-Is the Board prepared to take action? COUNCILMAN POTENZA- I would take action contingent upon the affidavit presented by Mr. Battease waiving the releases of the Town for any liability for placing septic systems close to the wells? SUPERVISOR BORGOS-You want to see that in as a resolved clause a condition of the approval? COUNCILMAN POTENZA-Yes SUPERVISOR BORGOS-I will ask our Attorney is that something you can read into the record please, as an item d perhaps? TOWN ATTORNEY DUSEK-Yes, I think you could add it as an item d, I think the name though would be the Linke's as opposed to Battease? SUPERVISOR BORGOS-Right. COUNCILMAN POTENZA-OK. Have the Linke's sign a form. COUNCILMAN MONTESI-Linke is the neighbor in question and they were going to have Mr. Battease acting as their agent. COUNCILMAN MONAHAN-You have three people, the owner the renter and Mr. Battease. TOWN CLERK-Lynch is the owner, Linke is the renter and Battease is the agent. TOWN ATTORNEY DUSEK-I think it is the Linke's that you want to sign the affidavit. COUNCILMAN POTENZA-Yes. COUNCILMAN MONTESI-No. SUPERVISOR BORGOS-Lynch COUNCILMAN MONAHAN-The owner should sign the release of that ... COUNCILMAN POTENZA-Lynch is the septic variance that is who the variance is asked for. ... COUNCILMAN MONTESI-In this letter number 2 he said I have contacted Mr. Battease and asked him to have Mr. Linke sign a form and bring that with him to tonights meeting. SUPERVISOR BORGOS-My guess is that should be Mr. Lynch. TOWN ATTORNEY DUSEK-No it should be Mr. Linke. If! can explain, Mr. Lynch through Mr. Battease has already signed the form, it's the renter Mr. Linke that has not signed it. SUPERVISOR BORGOS-Would you do an item d please? COUNCILMAN MONAHAN-But, we need to get a liability release also from the owner because he is the one that is going to pick up the problems later if there is ... TOWN ATTORNEY DUSEK-Mr. Battease has already signed it. COUNCILMAN MONAHAN-For Mr. Lynch? TOWN ATTORNEY DUSEK-Right. Actually Mr. Lynch signed for himself. COUNCILMAN POTENZA-Battease has, Lynch has, Linke hasn't. SUPERVISOR BORGOS-Would you read an item d into the record please? TOWN ATTORNEY DUSEK-I think you would want an item d that would just simply say that the local board of health imposes a condition upon the applicant that he must also secure a waiver from Mr. and Mrs. Linke, the renter, believed to be the current renters of the property. RESOLUTION APPROVING A SANITARY SEW AGE DISPOSAL VARIANCE FOR DAN LYNCH RESOLUTION NO.: 40,1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Kurosaka WHEREAS, Mr. Dan Lynch previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provision being more specifically that requiring that there be a 150 foot separation between a seepage pit and well or suction line, and WHEREAS, Mr. Lynch also filed a request for a variance from certain provisions of the New York State Department of Health requirements, such provision being more specifically that requiring that there be three times (3x) the diameter between pits, and WHEREAS, a notice of public hearing was given in the official newspaper of the Town of Queensbury and a public hearing was held in connection with the variance requests on October 7, 1991, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variations will not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances are granted as the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and c) that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health, and d) the Local Board of Health imposes a condition upon the applicant that he must also secure a waiver from Mr. and Mrs. Linke, believed to be the current rentors of the property BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health grants the variances to Mr. Dan Lynch, allowing the placement of the seepage pit 75' feet from the well rather than placing it at the mandated 150 foot distance, and allowing a distance of 13' between the pits, rather than the mandated 18', on property situated on Tee Hill Road, Queensbury, New York, and bearing Tax Map #: Section 48, Block 3, Lot 19. Duly adopted this 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION ADJOURNING AS BOARD OF HEALTH RESOLUTION NO. 41, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health and moves into Regular Town Board session. Duly adopted this 7th day of October, 1991 by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None PUBLIC HEARING MOBILE HOME PUBLIC HEARING Donald W. Mabb NOTICE SHOWN 7:05 p.m. SUPERVISOR BORGOS-Is Mr. Mabb here, please state your name and address in the microphone please, you are used to this now, you do it regularly. MR. DON MABB-My name is Don Mabb, I live in Bolton, N.Y. I have property in Queensbury too. I was asked to bring my papers with me. SUPERVISOR BORGOS-You went through some of this at the last meeting. COUNCILMAN MONAHAN-Do you have that letter from Dave Hatin, the application was incorrect. SUPERVISOR BORGOS-Requested Town Clerk to read letter. TOWN CLERK- October 7, 1991 Town Board Members RE: Donald Mabb Submission for a Temporary Placement of Mobile Home Dear Board Members: I have been in contact with Mr. Mabb's wife who has explained to me that although the owners of the property show as a Mr. & Mrs. Lozo, they have defaulted on the property and Mr. Mabb is now currently buying this from a Mr. Elmore, whom I understand holds a mortgage on the property. The Mabbs do not have title to the property but will once they make full payment. I have asked them to get a statement from Mr. Elmore. I trust that this will answer your concerns. I will not be able to attend your meeting until 10:00; should your meeting still be ongoing at that time, I will be more than happy to answer any other questions you may have. Sincerely, /s/ David Hatin, Director Building & Code Enforcement MR. MABB-I have a land contact, is that enough? SUPERVISOR BORGOS-Well you show that to your Attorney please and he will take a quick look at it. All we are concerned here I believe is that the applicant for this variance have the proper status. COUNCILMAN MONAHAN-Which should be the owner of the property. SUPERVISOR BORGOS-Ifwe clear up these legal matters as we go we do not have problems later. COUNCILMAN POTENZA-Mr. Mabb is this a contingency sale? Contingent upon you getting approval of this system? MR. MABB-No, this is just sitting their for renovation, then I will put it somewhere else. COUNCILMAN MONAHAN-Your daughter is on the piece of property in a mobile home on the piece of property you are buying for Mr. Elmore is that correct? MR. MABB- Yes. COUNCILMAN KUROSAKA-He only wants it on his property, to repair and renovate it to building code. SUPERVISOR BORGOS- Then it will be moved. COUNCILMAN KUROSAKA-To be moved to another location, it will not be lived in.... COUNCILMAN MONAHAN-We have to condition on how long it can stay there to be worked on. SUPERVISOR BORGOS-Paul, what is your opinion? ATTORNEY DUSEK-What appears to be here is a land sale contract which would be a sale from Elmore's to Mabb's and it appears that as of the date of the contract which was 9-22-89 you would have been given possession of the property and that you would be able to keep possession of the property pending ... as long as your payment. I do not understand what you, the mortgage or something? COUNCILMAN MONAHAN-The application was wrong, Paul, because it showed the owner of the land as Mr. and Mrs. Lozo and they are not even involved so we had to clear up this application the incorrect information on it. ATTORNEY DUSEK-Just check the deed description. COUNCILMAN MONAHAN-The applicant shows as Donald Mabb but on the tax rolls he did not show as the owner of it so we had to clarify it. ATTORNEY DUSEK-I only have one problem with this document, no property description. COUNCILMAN MONAHAN-It does not have tax map number or anything? ATTORNEY DUSEK-That is what I am looking for it refers to an exhibit A, but the exhibit A is not attached. Do you have another copy of this? ... SUPERVISOR BORGOS-Let me ask you a question Paul, typically we do not ask the applicant who attend the meetings to prove their ownership on a piece of property, this applicant has come before us and indicates that he is in charge would we have to have more documentation than his statement which is all we normally have? ATTORNEY DUSEK-I think he has produced a, I do not find a description here, I think the gentleman has produced a contract and you know, that certainly goes to prove the ownership to some extent. I think that obviously Mr. Mabb is looking to keep a permit here and I do not have any problem with it, that is what I am trying to say. SUPERVISOR BORGOS-This would be revokable if there is a violation of the permit? ATTORNEY DUSEK-Yes. SUPERVISOR BORGOS-We are in pretty good shape, anyone have any other questions? The Board would like to put a condition on this, a time condition, I think you said one year, is that right, also the fact that this mobile home being remodeled would not be occupied. MR. MABB- True. SUPERVISOR BORGOS-Paul could you work that somewhere into a paragraph? COUNCILMAN KUROSAKA-Relocated to an approved location... ATTORNEY DUSEK-I think you could add that to the first resolved clause, right at the very end, you are saying subject to the following conditions: 1. That the permit is issued for a term of one year only to expire on the anniversary date of this Board Meeting, the first year anniversary date of this Board Meeting. The second condition, I lost you there... COUNCILMAN POTENZA-No occupancy. ATTORNEY DUSEK-There will be no occupancy of this mobile home COUNCILMAN KUROSAKA-While on this lot. ATTORNEY DUSEK-While on this particular lot. I think that is it. COUNCILMAN KUROSAKA-It is also to be relocated to another approved location upon completion. ATTORNEY DUSEK-You could add that as a third condition. COUNCILMAN MONAHAN-I just wonder if we need to differentiate so we do not get Mr. Mabb in trouble later, that there is one mobile home on the lot that is legally occupied and this one is only going to be there to be placed there to be worked on but the other one can be occupied, but this one cannot be. MR. MABB- The other one is occupied. COUNCILMAN MONAHAN-I know, I want to make sure that we do not word this in a way ATTORNEY DUSEK-Maybe just add a further resolution onto this then after those conditions... COUNCILMAN KUROSAKA-I assume you had a permit for the other one, or he is legally there so. MR. MABB-It has been there for four or five years. SUPERVISOR BORGOS-Are we all set? ATTORNEY DUSEK-I think what you might want, just so that in case somebody ever happens to look at the resolution if you add a further resolved clause, Resolved, that the Town Board hereby acknowledges that there is one mobile home on the property that is currently being occupied and that this is an additional mobile home that is being allowed upon the premises pursuant to the conditions stated above. (Public hearing closed) RESOLUTION APPROVING APPLICATION FOR REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR DONALD W. MABB RESOLUTION NO.: 525,1991 INTRODUCED BY: Mr. George Kurosaka WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, Mr. Donald W. Mabb previously filed an application for a "Mobile Home Outside a Mobile Home Court" Permit, in accordance with Paragraph 2, Section 4 of Ordinance # 12 for the Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to locate a mobile home at property situated at Eisenhower Avenue, Queensbury, New York, and WHEREAS, Paragraph 2(c), Section 4, of said Ordinance #12, requires the Town Board of the Town of Queensbury to hold a public hearing before granting said permit, and a public hearing was held on October 7, 1991, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the application of Mr. Donald W. Mabb is satisfactory, subject to the following conditions: 1. That the permit is issued for a term of one year only to expire on the first year anniversary date of this board meeting 2. there will be no occupancy of this mobile home while on this particular lot 3. it is to be relocated to another approved location upon completion, and BE IT FURTHER, RESOLVED, that the Town Board hereby acknowledges that there is one mobile home on the property that is currently being occupied and that this is an additional mobile home that is being allowed upon the premises pursuant to the conditions stated above, and BE IT FURTHER, RESOLVED, pursuant to Paragraph 2(c), Section 4 of Ordinance #12, the Town Board of the Town of Queensbury hereby authorizes the Town Clerk of the Town of Queensbury to grant a revocable permit to locate a mobile home outside a mobile home court, allowing Mr. Mabb to place a mobile home on property located at Eisenhower Avenue, Queensbury, New York, in accordance with the terms of the Ordinance. Duly adopted this 7th day of October 7, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None OPEN FORUM Mr. Bob Tyrer-Part Owner of Glenwood Manor-Requested that the Town Board amend the HC Zone to allow for storage sheds....noted that he had already started to build a temporary storage shed 12x24 to be placed on cement blocks that can be moved to place equipment such as lawn mowers, maintenance equipment for the manor...in order to complete project there needs to be an amendment to the HCZone to allow this type of building.... still in the process of putting another building up, which has not been finalized with the Town of Queensbury. (Discussion held)- Attorney Dusek, noted that he saw no relief in the ordinance except through amending the HC Zone... Councilman Monahan noted concerns raised by the Fire Marshal in the past with construction trailers, requested that any amendment be worded very carefully storage shed only to hold maintenance equipment... Councilman Potenza-noted that there is no place in the ordinance where you can have a storage shed on a commercial piece of property that will house snowblowers lawn mowers etc. Councilman Montesi-suggested that we set down with Dave Hatin and Mr. Tyrer.... Councilman Monahan-Noted that while Attorney Dusek is working on amending the HC Zone he might look at PC Zone also... MR. JOHN POTTER-48 Boulevard-Concerned about the condition of the sidewalks along the Boulevard, from Hudson Falls to Quaker Road...noted it is a well traveled area and frequent bus stops...noted in front of his house 11 sections that are damaged... (Discussion Held)Councilman Montesi-Reviewed the history of this particular sidewalk...we have the responsibility of maintenance of this area. . noted that he had gone over the area and had an estimate done by a contractor around $5,000 for the repairs...this is not a budgeted item...Steve has authorized the Town Engineer to look at this project from the point of view should we be designing specifications...we are now awaiting the engineers report...Deputy Highway Supt. Rick Missita noted that the Boulevard is a County Highway ...Attorney Dusek-Noted that when the State went through they put in the road and sidewalks, at the time they suggested the Town adopt a resolution taking over control and ownership of the sidewalks...requested that Mr. Potter call back in a week for an update... MRS. BARBARA BENNETT-83 Dixon Road-Spoke on the Salvation Army drop boxes..noted that they are controlled by the Chester St. Glens Falls Unit... SUPERVISOR BORGOS-Noted that after some research the pickup of the drop boxes is controlled by Albany... MRS. BARBARA BENNETT-Noted that cloths left at the Chester St. are used by residents of the area...noted that Albany sells cloths on Quaker Road...questioned the sale of water to Village of Hudson Falls on an emergency basis, what was the rate... SUPERVISOR BORGOS-$1.60 or $1.62 the same as Kingsbury per thousand gallons of water... MR. PAUL DUSEK-I am taking this unusual position and I do not know if! have ever done this as the Town Attorney for the Town of Queensbury coming to speak before the full board but some circumstances occurred which I felt warranted doing this because I felt in the interest of the Town and my own department as well as the general public's information that I ought to address something. I was disturbed when I saw the Chronicle this past week Thursday's issue that came out, there was an ad in the paper by, said paid for by the committee to elect Mike Brandt, number 3 said that the Queensbury Town Government spends too much on legal services the prominence and size of the Town legal staff is both intimidating and expensive. This year you and I paid for two Town Attorneys to fight each other each representing a separate board within our Town government. It goes on further, says Queensbury should rely more on common sense and thoughtful management to avoid this foolish and wasteful litigation. What concerned me and I haven't really gotten involved and said anything and certainly would never come to the Town Board under these types of circumstances for while people are arguing over the Town Attorneys Office or policy calls is one thing but in this particular case I felt that the representation was so serious that I had to comment on it. The representation that I am talking about is where it said, this year you and I paid for two Town Attorneys to fight with each other, to my knowledge this is never occurred. I am very concerned about it because of the practice that my office has undertaken during these past few years in representing the Town and that is we have sought at all times to take an extreme ethical and proper approach. In point of fact when there has been situations where the Boards have had some disagreements or there appeared to be a potential for conflict between the boards my office has issued letters and advised the boards of my precarious situation in the matter and have indicated occasionally that maybe the Boards would want to consider separate counsel. The Boards however have been very sensitive to this issue about not wanting to waste taxpayers money to have lawyers fight lawyers within the Town. In fact the most recent incident where the Boards did of course it is all well know at this point that the Planning Board and the Town Board disagreed on a matter, the Planning Board at a meeting which was public elected not to have an attorney. There was no Attorney that represented the Planning Board. In other situations involving other instances with other departments when matters have gone to the Zoning Board where the Zoning Administrator and the Planning Board perhaps haven't seen eye to eye once again decisions were made to handle this to avoid legal costs. So, this statement particularly concerned me as I felt it was inaccurate and unfair and I felt it was important that I come forth and indicate it to the Board just in case, I know the Board talks to me on a regular basis and we deal with each other on a regular basis. This is the type of thing that once it is said something, you might be just wondering, well gee is this true, what happened did we miss something someplace? Did two Town Attorneys fight each other over an issue? I do not know that, that has ever occurred. The only other thing I would like to say is that unfortunately as we get into this budget season I know that the Town Attorneys Office is subject to some debate which is ok, I think it is healthy, I certainly do not mind the situation. But, I would just like to point out to the Board that I think that we have not maybe as much as I would have liked spoken out as far as what the Town Attorneys Office is doing. What are the values and benefits that you are getting from the office, and I haven't done this because it's a very, to me a very sensitive issue, I believe in being an Attorney first representing the interest of the Town, just simply trying to do the best job I can and I am not looking to make a lot of splashes and make a lot of lines in the press or anything of that nature. I am just looking to do the job to accomplish it. But, I feel it is important as we get into this as I mentioned, get into this budget season and we are taking a look at this office it is important to the Board as well as the Town people to see what the office is doing and what the policy of the office is. I am not going to take a lot of time to rehash everything, but I just grabbed a few papers to make a couple of points as to the attitude and the way we try to handle things. One thing that you will be considering later tonight is a settlement of a case an assessment case, which was recently sued upon, brought to court, the tactic that was employed in that case by myself is once it was sued and we were called into Judge Dier's Court, I before going in to meet with Judge Dier, I spoke with the other Attorney discussed the case explained the Town's position, showed him the information that we had and you know after doing that and a couple of weeks later we settled the case without further litigation. The Attorney once he had all the documentation that I had and showed him the positions we ended up there were three parcels involved one large parcel as you will find out remains the same under the proposed settlement two smaller parcels where we did agree to reductions and this is because the assessor reviewed the records and found that it is fair. That is the approach we tried to take in these cases, we look to be fair which is I know what the Board wants in these assessment cases. Just an example though where we are trying to avoid litigation we are trying to save the town money and where in fact we did do so. Another case that my office handled which was resolved earlier this year which, here again it was not something that we wanted to make a lot of press or splash about but there was an assessment case that had gone on for almost ten years, starting in 1981. I am happy to say that we resolved all years up through and including the tax year 1991 in the early part of this year. In fact the court order on that one was signed February 1, 1991. We did have some court challenges in that in fact we ultimately did go to the appellate division on that case. But, in the end the settlement that was reached was extremely reasonable and I am sure the Board will agree. Another example is, of what the office is trying to do at this point is tomorrow I have a meeting set at 9:30 in the morning to meet with the assessor to go over the small claims matters. We are trying to avoid where we can the use of attorneys, to participate in some of these matters. Last year Helen and I met we reviewed various matters I went to a couple of the small claims matters with her and after that Helen handled them herself. We plan to perform the same type of tactic this year in an effort to try to save attorneys services and obviously save time and money on behalf of the town. Tomorrow I have a meeting with Dave Hatin where we will discuss potential problems that Dave has and the correct legal approach. This is an example if you will of the type of preventative type of legal practice that we are engaging in, in order to try to save the town, there again money and hopefully liability and possible lawsuits. There are other examples that I could get into and you know just to mention one more, here again to show the good value of the Attorneys services, having a Town Attorney on full time staff I think can be very helpful from time to time as Mrs. Monahan, I am sure will remember about a week or so ago I came in on a Sunday afternoon just to do a little catch up work and she was in a meeting at the time and she came over and said can you jump in to this meeting with us and talk about something. Well, I did, and we spent a little bit of time but as a result of that I was able to get on board early on a situation that involved a rezoning and started to prepare the paper work and things that were necessary to start the ball moving and to do hopefully something that was good for the Town of Queensbury. COUNCILMAN MONAHAN-Plus the fact that we were all starting to attack the problem from the right angle so we did not waste a lot of time going in directions that you would have had to bring us back from. MR. DUSEK-I think the benefit there is again apparent, I only make mention of this because the article I guess triggered my first attention and reaction to the thing but also I began thinking really we just never really talk about the office in open to the public generally and maybe it is important that we do just mention a few things that we are doing from time to time. I know my staff is a very hard working staff and they have been considerably bothered by the, some of the comments that they have seen. They do not consider themselves intimidating in fact they do whatever they can to try to extend themselves to the public they try to be nice at all times and in fact they are nice at all times not try I am really very pleased with the secretary. That has been the attitude, what can we do to help, we feel that the office of Town Attorney is a full time office that is there for this Town Board, that is our primary and first responsibility and we never loose track of that, but we are also there for all the departments of the town and I feel that generally we are there for the town residents as well. One of the things I am very happy to be in this position, I guess is because even the code of ethics for the attorneys help to go to support my position. It says that a government lawyer that I have an unusual position whereby I am not there just simply to take advantage of the other side whenever I can, I am there to serve the people and the community and the Town. To me that is very important and that is what we strive to do in this position and I just felt it was important to say this, at this time in support of not just myself but my staff because they are sensitive to what is going on. The only last thing I would like to mention in case people are not yet aware of it, I do not have at this time a deputy town attorney, Karla Corpus who was a Deputy Town Attorney answering primarily to the Planning Board and Zoning Boards has left to pursue educational endeavors and certainly a nice chance for her to do so and I wished her the best. At this point because the circumstances have changed somewhat from the Town Karla was brought on I have not asked this Town Board to reappoint a Deputy Town Attorney at this point. Not that I know whether or not you would necessarily agree with me if I did, but, I haven't made that request and I think that our office is going to do the best that we can to work the situation out as we are now. So, as we go into this budget season I am just taking this opportunity to make these comments because I think that they are worthwhile being made I was very careful in thinking about doing this because this is as I sayan unusual move for me to do this to you, but I think that it address Town issues, things that are of a concern to the Town, so that is why I decided to make this statement. COUNCILMAN MONAHAN-Noted that she had used the Attorneys office many times for my constituents usually in a matter of zoning...you have been a great help... COUNCILMAN MONTESI-I took exception to one of the comments that one of the candidates made about eliminating the department, I assured him I would be voting to budget your department as a full department this year, if he was fortunate enough to win the election that he would have to live with your department for year and then he could make a logical and cost effective decision based on what he sees the first year in office, notice I said if. As far as I was concerned that was a department that I felt was necessary and would continue to support. MR. DUSEK-I am not so much concerned about myselfperse but I really do think that the Town is getting a good deal out of having it's own in house council, a lot of companies go that route because of the savings because of the accessibility of the Attorney and because of the fact that you can get the Attorney involved in so many instances on the ground level decision making so that things are followed properly as they go through.. . COUNCILMAN POTENZA-Certainly past experiences we have done an awful lot of catch up and clean up and you certainly have filled a need for this town, whether it is the Town Board or any other organization and I do not necessarily mean you perse but I am saying that department and there have been several occasions that without the accessibility of some legal advice we would be in an awful lot of trouble. Certainly can we have cut backs and shall we have cutbacks in this Town probably somewheres certainly I do not see it in the legal department. COUNCILMAN KUROSAKA-You picked up the stuff that fell through the cracks unfortunately a part time attorney can't help but let it happen because he is not there all the time and you prevented us from spending money on stuff that would fall through cracks today. That in itself is quite a thing and my constituents and I thank you for your cooperation. SUPERVISOR BORGOS-Asked for further comments during open forum...no one spoke...OPEN FORUM CLOSED SUPERVISOR BORGOS-Noted that we have received a request from two people on Meadowbrook Road who said they were left out of the Quaker Road Central Queensbury Sewer Dist. and out of the Hiland Park Sewer Dist., they want to be connected, they prefer to be part of the sewer district and not contract customers...they cannot become part of the sewer district because bonds have been sold and the bonds are tied to the current boundaries of the district, they could become contract customers... DISCUSSION HELD RE: Sewer hookup...Councilman Montesi noted that he had visited the site and talked to the residents...noted that they will have to bear the cost of the grinder pumps and pipes the force main ... noted area is in solid rock...Councilman Potenza-we certainly owe this to the residents to put a dollar amount on this project...Agreed to by the Board to have the engineers take a look at this... SUPERVISOR BORGOS-Sewer Variance requests for the Sewer Dist... ATTORNEY DUSEK-I will be presenting to the Board a draft proposal of a variance language that can be added in the form of a local law to your current local law... SUPERVISOR BORGOS- This was designed to help more people rather than fewer... ATTORNEY DUSEK-Right...built in two avenues for variances 1. permanent variance and 2. a two year variance which could be renewed. COUNCILMAN MONTESI-Noted that he did visit Mr. Cartier on Ridge Road regarding the sewer hookup ...she is more than 250' away to hook it up... ATTORNEY DUSEK-If it is greater than 250' there is no requirement to hook up... COUNCILMAN MONTESI-We should direct Mr. Shaw to take her name off the list ... SUPERVISOR BORGOS-We will inform her formally that she does not have to do it... DISCUSSION HELD-Well at Ridge Jenkinsville Park-Mr. Hansen contacted another well driller the estimate was higher than the Woodcock estimate... RESOLUTION TO RETAIN SERVICES OF WOODCOCK BROTHERS RESOLUTION NO. 526, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza: Resolution to retain services of Woodcock Brothers to drill a well and provide the other items as specified in the memo from Mr. Hansen to me dated September 20th for a cost not to exceed $5,610.00, based on an estimate of a well as deep as 100', the money to come from the Capital Projects Fund from Ridge Jenkinsville Park. Better reference from Woodcock Brothers dated April 8th of this year and amended on September 16th giving the new prices. Duly adopted this 7th day of October, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO. 527, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mr. George Kurosaka RESOLVED, that the Town Board Minutes of September 9th and October 3rd of 1991 be and hereby are approved. Duly adopted this 7th day of October, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO. 528, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board Minutes of October 1, 1991 be and hereby are approved. Duly adopted this 7th day of October, 1991 by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka, Mr. Montesi DISCUSSION HELD REGARDING THE PROPOSED REZONING OF THE DIEHL PROPERTY..Attorney Wilson Mathias present, representing Mr. Diehl... Councilman Monahan- Questioned if the neg. declaration has mitigation regarding soil testing for septic systems.. .Requested that a mitigation be listed, they will use water saving facilities, 1.6 and shower heads etc... Attorney Dusek- Noted that under the SEQRA Negative Declaration page 2 Number 3 soil testing is addressed...also addressed in the Zoning Amendment document, under number 4...Attorney Mathias-noted that there is an issue of peculation rates on this property and we have performed six test holes upon the submittal of the rezoning on this property for 46 units, which received approval based on the engineering data submitted...noted that he did not want to be under a condition that would require 50 test holes, that will say the same thing that we need to use fill... Councilman Kurosaka-I do not think you need them...the engineer will have to design each system to slow it down to 10 min., everyone will have to be designed that way. Attorney Mathias-We will have to put the money into the engineering to design a system that will impede the rate, and that is going to happen on each one of these system whether we dig a test hole or not...Attorney Dusek-If they cannot get the proper engineer systems they cannot put in the units... Councilman Monahan-as long as it is covered site by site....Attorney Dusek-Add to Resolution to amend rezoning - 6a. The subject premises shall be developed such that plumbing fixtures consisting of the toilets and showers shall employ water saving devices such that the toilets are 1.6 gal. per flush or less and water saving shower heads. COUNCILMAN MONAHAN-Noted a clerical error #5 raod...(road) noted that some flora at the location is on I think either protective or endangered list, they have agreed to try and disturb as little as possible..Attorney Mathias-showed a map of the green areas...213rd of area will remain untouched... Supervisor Borgos-Asked if there was any thought to connecting the road from the back? Attorney Mathias-In speaking with the Highway Dept. we got the distinct impression that it was not a great idea...in connection with any endangered flora if it exists, that obviously 213rds are preserved under the general plan we would certainly make some minor site relocations of the area to be actually built upon so as to provide as little disturbance to those species ... COUNCILMAN MONAHAN-Commented on the dumping that has been done on this property... MR. DIELH-Noted that the Sheriff and Mr. Hatin has been on the site going through bags to find the people that have dumped...to bring them to court... SUPERVISOR BORGOS-I understand that has been done and a couple of people have been fined. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING OF PROPERTY OWNED BY CHARLES A. DIEHL RESOLUTION NO. : 529, 1991 INTRODUCED BY : Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION SECONDED BY : Mr. George Kurosaka WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Charles A. Diehl, located on the southerly side of Sherman Avenue, and designated Town of Queensbury tax map number 121-1-22.1, and WHEREAS, the Town Board of the Town of Queensbury was designated Lead Agency by the Commissioner of the Department of Environmental Conservation on August 30, 1991 to act with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is a Type I action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the original application for rezoning, Part 1 of the Full Environmental Assessment Form, survey, site plan, traffic study prepared by Morse Engineering, proposed covenants and restrictions, the decision of the Warren County Planning Board dated March 13, 1991, and comments of the Town of Queensbury Planning Board and comments of the Senior Planner for the Town of Queensbury, Lee York, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, and upon a review of the documents and comments heretofore set forth, a review of the criteria contained in Section 617.11, of the Codes Rules and Regulations of the State of New York and a thorough analysis of 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 of the Town of Queensbury hereby finds that the proposed responses inserted in Part 2 of the said Full Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the proposed explanation and analysis in Part 3 of said Full Environmental Assessment Form is satisfactory and approved, 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 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Montesi, Mr. Borgos NOES : None ABSENT: None RESOLUTION AMENDING ZONING ORDINANCE TO REZONE PORTION OF SOUTHERLY SIDE OF SHERMAN A VENUE FROM SR-l ACRE TO SR-20 RESOLUTION NO. : 530, 1991 INTRODUCED BY : Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY : Mrs. Marilyn Potenza WHEREAS, Charles A. Diehl requested in writing that the Town Board of the Town of Queensbury make a change of zone in an area more particularly known as Upper Sherman Avenue, south side, Queensbury tax map number 121-1-22.1, and WHEREAS, the Warren County Planning Board by resolution dated March 13, 1991 recommended disapproval of said rezoning, and WHEREAS, the Town Board of the Town of Queensbury on May 13, 1991 held and conducted a public hearing on the rezoning request in accordance with Town Law and the Zoning Ordinance of the Town of Queensbury, and WHEREAS, the Town of Queensbury Planning Board by resolution dated September 17, 1991 provided comments for the Town Board's consideration in connection with the proposed rezoning, and WHEREAS, the Town Board of the Town of Queensbury has heretofore adopted a resolution in accordance with the State Environmental Quality Review Act declaring that the proposed rezoning does not have a significant environmental impact, and WHEREAS, the Town of Queensbury Comprehensive Land Use Plan sets a goal for establishing affordable housing within the Town of Queensbury with the directive to provide for a variety of housing types and the instant application meets the needs set by such goals, and WHEREAS, the Town Board of the Town of Queensbury has considered the instant application utilizing in part the criteria set forth in a memo from Lee A. York, Senior Planner to Town Board Members dated January 31, 1991 entitled "Overlay Zone to Permit Density Increase for Affordable Housing", and WHEREAS, the applicant, Charles A. Diehl has agreed to the placing of certain conditions on the rezoning, and WHEREAS, the Town Board of the Town of Queensbury finds that the rezoning proposed and as conditioned, is a reasonable balance of the community's need for affordable housing and the current density requirement established by the Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to rezone the southerly side of upper Sherman Avenue, tax map parcel 121-1-22.1 from SR-l acre to SR-20 subject to the following conditions: 1. Initial and original sale of the individual units shall comply with the following affordable housing provisions: a. The sale prices and mortgages on at least one-half (1/2) of the dwelling units will be in amounts that can be approved for families having annual incomes no greater than 100% of median family income in the Town of Queensbury, and b. that the initial or original sale prices and mortgages on at least one-half (1/2) of the remaining dwelling units will be in amounts that can be approved for families having annual incomes no greater than 120% of median family income in the Town of Queensbury. "Median family income" of the Town of Queensbury shall be estimated and fixed by the Planning and Community Development Department of Warren County. Other than the development of single family housing provided for herein, there shall be no other type of development on the property. 2. In no event shall more than 100 residential units shall be authorized and constructed upon the subject premises. 3. To the extent circumstances permit, without obtaining variances, the subject premises shall be developed in accordance with Section 179-44 et. seq. of the code of the Town of Queensbury authorizing clustering. 4. Standard field percolation tests shall be conducted prior to any subdivision approval or site plan approval requiring subsurface sewage disposal and stormwater infiltration systems. In the event that suitable septic systems cannot be built in compliance with all state and local laws, development of the property with dwelling units or other buildings shall be limited to a number or square footage for which property septic systems can be constructed; and 5. Stormwater management and drainage calculations shall be performed by a NYS Licensed Engineer and shall consider all impervious surfaces, including roads, and shall be based upon a completed road system and built-out project. All calculations shall be provided and reviewed by the Town Engineer for the entire project regardless of whether phasing or other partial build-out plans are anticipated. In the event that suitable and engineer approved drainage cannot be built or constructed for the entire project, development of the project with dwelling units or other buildings shall be limited to a number or square footage for which proper drainage may be established. 6. The subject premises shall be developed in accordance with the Town of Queensbury Zoning Ordinance, except as otherwise provided herein and all subdivision approvals and/or site plan approvals shall be obtained and recreation fees imposed by law shall be paid as is usually required for any other project subdivision or site plan approval; and 6. a. The subject premises shall be developed such that plumbing fixtures consisting of the toilets and showers shall employ water saving devices such that the toilets are 1.6 gal. per flush or less and water saving shower heads. 7. A change of zone shall be granted subject to voluntary covenants and restrictions setting forth the conditions hereinbefore set forth and said covenants and restrictions shall be imposed upon the subject premises by the applicant herein, Mr. Charles A. Diehl and/or the property owner of record and subject to a provision that the same may be revised only with Town Board of the Town of Queensbury consent. Said covenants and restrictions shall be set forth in a written instrument to be duly recorded in the office of the Clerk of Warren County and this resolution and said change of zone shall become effective only upon Town Board approval of the covenants and restrictions and recording of the same by the Town Board. BE IT FURTHER RESOLVED, that this rezoning is conditioned upon the request that at the time of site plan or subdivision review the applicant or other person seeking Planning Board approval furnish an updated traffic report and plan for the project and for use by the Planning Board in their evaluation of the project. This condition need not be set forth in the covenants and restrictions, and BE IT FURTHER RESOLVED, that the Zoning Map for the Town of Queensbury is hereby amended to provide for the change of zone as set forth in this resolution, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes VanDusen and Steves to make the appropriate notation for change on the official Zoning Map for the Town of Queensbury to indicate the zoning once the covenants and restrictions required herein have been filed. BE IT FURTHER RESOLVED, that this amendment shall be effective upon the filing of the Declaration of Covenants, Conditions and Restrictions and upon completion of all requirements of the Town of Queensbury Zoning Ordinance. BE IT FURTHER RESOLVED, that pursuant to the requirements of Article 11 of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post -Star and obtain an Affidavit of Publication. Duly adopted this 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None ATTORNEY DUSEK-Regarding page lion the SEQRA Form #19 noted that is to be filled in... SUPERVISOR BORGOS-I would propose we put in a NO because we had a public hearing and there was not big controversy...Agreed to by the Board... RESOLUTION TO AMEND RESOLUTION NO. 529 OF 1991 RESOLUTION NO. 531, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, the Town Board of the Town of Queensbury hereby amends the previous resolution of non- significance such that question 19 appearing on page 11 of the SEQRA Form is answered NO. Duly adopted this 7th day of October, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None DISCUSSION HELD-Attorney Dusek, noted that the original estimate was below $9,000 when the estimate came in it was over that...a proposal was made for $12,000...Councilman Montesi-Are we out of pocket more than that? Attorney Dusek-yes RESOLUTION AUTHORIZING SETTLEMENT OF CLAIMS CONCERNING SEWER LINE REALIGNMENT RESOLUTION NO. 532, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Kurosaka WHEREAS, the Town of Queensbury and 73 Quaker Road Associates, L.P. previously entered into an Agreement, dated July 20, 1989, wherein 73 Quaker Road Associates, L.P. requested, and the Town of Queensbury agreed, that certain sewer pipes be realigned in order to accommodate future construction activities in buildings planned by 73 Quaker Road Associates, L.P., and WHEREAS, in accordance with the terms and provisions of said Agreement, 73 Quaker Road Associates, L.P. was to make certain payments to the Town of Queensbury as a result of the Town's agreement to realign said sewer pipes, and WHEREAS, differences occurred between the parties as to the exact amounts owed as a result of the work performed, such differences having now been resolved and a proposed Stipulation of Settlement and Agreement having been presented to this Board for execution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, afterreviewing the proposed Stipulation of Settlement and Agreement, hereby approves of the same and authorizes the Town Supervisor to execute the same on behalf of the Town of Queensbury. Duly adopted this 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO.: 533,1991 INTRODUCED BY: Mr. George Kurosaka WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, certain departments have requested transfers of funds for the 1991 Budget, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below, for the 1991 budget, TOWN COURT FROM TO AMOUNT 01-1110-4060 01-1110-2031 $ 650.00 (Service Contracts) (Computer) CEMETERY FROM TO AMOUNT 02-8810-1430 02-8810-4400 $ 1,500.00 (Labor-B Part-Time) (Misc. Contract.) Duly adopted this 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION APPOINTING ACTING FIRE MARSHAL RESOLUTION NO.: 534,1991 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Kurosaka WHEREAS, Fire Marshal N. W. Bodenweiser has requested and begun an extended sick leave from his duties as Fire Marshal for the Town of Queensbury, and WHEREAS, in the absence of the Fire Marshal or in case of his inability to act for any reason, the Town Supervisor of the Town of Queensbury has the authority, with the consent of the Town Board of the Town of Queensbury, to designate a person to act on behalf of the Fire Marshal, to exercise all powers conferred upon the Fire Marshal, in accordance with Section 88-5 entitled Fire Prevention and Building Construction of the Code of the Town of Queensbury, and WHEREAS, the Town Supervisor has designated Mr. e.A. (Kip) Grant to be acting Fire Marshal in Mr. Bodenweiser's absence, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby consents to and approves of the appointment ofMr. e.A. (Kip) Grant as Acting Fire Marshal in accordance with the provisions of the Code of the Town of Queensbury. Duly adopted this 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None RESOLUTION CHANGING TOWN BOARD MEETING DATE RESOLUTION NO. 535, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board Meeting dates for the month of November are amended as follows: 1. November 4th canceled Replaced with November 7th 2. November 18th All meetings to be held at the Queensbury Center at 7:00 P.M. Duly adopted this 7th day of October, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 536, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mrs. Marilyn Potenza RESOLVED that Audit of Bills as appears on Abstract dated 10-7-91 and numbered 91457000 through 91504900 and totaling $352,342.84 be and hereby is approved. Duly adopted this 7th day of October, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None ATTORNEY DUSEK-Re: Specifications for roof at Water Maintenance Bldg. were turned over to Mr. Levendowski, he feels that the specs. should be made more generic to make sure bidding is as open as possible to all bidders, a drawing should be issued ...the town should require shop drawings from bidders also the insulation specs should be upteched....he felt the price would run about $2,000 for the engineering services of the development of the specs. and $750.00 for spected as it goes up.. RESOLUTION TO RETAIN SERVICES OF RIST FROST RESOLUTION NO. 537, 1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza Resolved, the Town Board of the Town of Queensbury hereby authorizes the employment ofRist Frost Associates P.e. to develop specifications for the roof replacement at the maintenance building of the Water Dept. at a cost not to exceed $2,000. with inspection costs not to exceed $750.00 and BE IT FURTHER RESOLVED, that the cost of the engineering fees shall be paid for from the Capital Project Account WI. Duly adopted this 7th day of October, 1991, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 538, 1991 INTRODUCED BY: Mr. George Kurosaka WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Stephen Borgos RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss personnel, professional services, real property acquisition, and litigation. Duly adopted this 7th day of October, 1991 by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO ADJOURN EXECUTIVE SESSION RESOLUTION NO. 539, 1991 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 adjourns its executive session and returns to regular session. Duly adopted this 7th day of October, 1991 by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO RETAIN SERVICES OF O'BRIEN AND GERE RESOLUTION NO. 540, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi A Resolution to retain the services of O'Brien and Gere Engineers for the purpose of providing engineering services to include meeting with the surrounding communities, developing information to answer questions raised by the communities, addressing preliminary design issues such as land acquisition, developing and attending the 202B Proceedings and general design and finance questions on the project. The proposal is to pay an amount based on salary costs times the multiplier of 2.5 up to and not to exceed $8,500.00. Technical services provided by Rist Frost Associates shall be invoiced at cost all other direct expenses shall be invoiced at cost plus 5%. The purpose of this is to provide specialized services in our negotiations between the Town and all interested communities. Paid for from the Capital Project portion of the Queensbury Consolidated Water Dist. Duly adopted this 7th day of October, 1991, by the following vote: A YES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE - OTYOKW A, INe. RESOLUTION NO.: 541,1991 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury 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 tax rolls for the School Tax Year commencing 1991-1992 and the Town/County Special District Tax Year commencing 1992, as indicated and as follows: OTYOKW A, INe. - (Located at Assembly Point, Queensbury, NY) Tax Map No.: Ordered Assessment 9-1-36 $ 3,200.00 9-1-39 $ 1,900.00 9-2-1 $ 90,000.00 Duly adopted this 7th day of October, 1991, by the following vote: AYES : Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES : None ABSENT: None On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk-Queensbury