1990-07-09 TOWN BOARD MEETING
JULY 9th, 1990
7:30 P.M.
BOARD MEMBERS PRESENT
STEPHEN BORGOS-SUPERVISOR
GEORGE KUROSAKA-COUNCILMAN
MARILYN POTENZA-COUNCILMAN
RONALD MONTESI-COUNCILMAN
BETTY MONAHAN-COUNCILMAN
TOWN ATTORNEY
PAUL DUSEK
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DEPUTY TOWN ATTORNEY
CARLA CORPUS
TOWN OFFICIALS
TOM FLAHERTY, DAVE HATIN, PAUL NAYLOR
PRESS: WENU, Channel 8
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS
SUPERVISOR BORGOS noted that the Public Hearing scheduled for this evening regarding
the Rezoning request of the Ricciardelli property was not publicly noted in the official Town
paper and therefore would not be held this evening.
PUBLIC HEARING - PROPOSED EASY STREET WATER DISTRICT EXTENSION
7:35 P.M.
NOTICE SHOWN
SUPERVISOR BORGOS-Is there anyone here who wishes to speak about the proposed Easy
Street water district which is separate and distinct from the other construction that is already
getting started and that is the extension of the consolidated water district lines along West
Mountain Road and then down Aviation Road to complete loops that are necessary up there
to get rid of the dead ends. Easy Street would include the water service to Aviation Road
Extension, Easy Street, Bennett Road and Eldridge Road also and that's the part the we are
here to talk about this evening. Would anyone wish to make comments for or against or ask
questions about? We have an engineer, Mr. Irish with us this evening to answer questions.
PLINEY TUCKER-Ward 4, Queensbury. Would you have the Town Attorney explain the
payments system, them buying into the water district? I know its ..., you're supposed to have
a fool proof system now or something like that.
SUPERVISOR BORGOS-That fool proof system is for developers and subdivisions. As I recall,
it did not apply to this district. We'll ask our Attorney to look at that.
ATTORNEY DUSEK-The buy-in formula was used in connection with this.
SUPERVISOR BURGOS-It was used?
ATTORNEY DUSEK-Yes. Basically, what we do, in order to calculate what the buy-in would
be on a water district, is to calculate first of all, what the equity value of the existing plant
and facilities used to transmit the water to that location. To arrive at that figure, what
we do is take the total value of the plant has been given to us by an engineer, we subtract
from that figure the total debt that still rests against that plant and we come u with an
equity figure. I think in this particular case, I don't see the figure in front of me but believe
it was in the vicinity of 3 million dollars. Once we have the equity figure, then what we have
to do is figure how much of that should this new water district contribute in fairness because
that is already in existence. They're going to pick up on the debt because they are going
to become part of the consolidated district eventually. But what we want to charge them
for is that plant value that they are getting and the pipes that are getting to their point of
their district. What we do is we take the daily average demand of the district compared
to the daily average demand of the entire district. Okay, the new one against the entire
that gives us a fraction, when you put them over one another. We take that fraction and
multiply it times the equity value in the plant, and that's the buy-in charge. In this particular
case, the buy-in charge was 29,729.
MR. TUCKER-You use this on all extensions, I guess, like the Bay Road one that you'll be
talking about? The same system?
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ATTORNEY DUSEK-That's correct.
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MR. TUCKER-This is a system that you have been using and you'll continue to use?
ATTORNEY DUSEK-Well, that's up to the Board but that's my recommendation to the Board.
SUPERVISOR BORGOS-That was not true until about a year ago, we started that. Prior to
that it was, whatever.
MR. TUCKER-Thank you.
SUPERVISOR BORGOS-You are welcome. Anyone else who would wish to speak for or against
or ask questions about? On a related note, some of you who may live in that area, I do
recognize some faces, would be interested to know that our Attorney.has given the opinion
`'— that once the connection is made on West Mountain Road and Aviation Road, we could begin
to serve those houses as we go by, on a contract basis until such time as the rest of the district
is formed.
ATTORNEY DUSEK-Once we get the permit process through DEC finished.
SUPERVISOR BORGOS-Correct. So it would be very probable that water service would be
available quickly. We have in front of us tonight a resolution to except the bids for all the
pipe that will be necessary. We should be able to start digging, I'm looking at our Water
Superintendent, next week? Next 10 days?
TOM FLAHERTY, WATER SUPERINTENDENT-It depends on what other things you want
me to do first.
SUPERVISOR BORGOS-Very soon he said, very soon. It won't take long to do that job. Anyone
else wish to speak? Any Board members with comments? Hearing none ...
PUBLIC HEARING CLOSED
ATTORNEY DUSEK-Noted that there are no resolutions at this moment, being the main part
of the process involving DEC and the Health Department, the paper work to get through and
get responses back, then we will be able to continue.
PUBLIC HEARING - BAY ROAD WATER DISTRICT EXTENSION NO. 1
7:41 p.m.
NOTICE SHOWN
SUPERVISOR BORGOS-Anyone here who wishes to speak for or against or ask questions about
that particular district? Its a very short extension, from right out in front of this building
to Cedar Court. All Board members have received the information on this. Any Board member
have any questions? Hearing none ...
PUBLIC HEARING CLOSED
ATTORNEY DUSEK-As noted previously, this also falls under the same circumstances and
procedures, therefore not ready to continue with resolutions yet.
PUBLIC HEARING - REZONING REQUEST - WARREN-WASHINGTON COUNTY INDUSTRIAL
PARK
7:45 p.m.
NOTICE SHOWN
SUPERVISOR BORGOS-This one has been with us for a considerable period of time. The
rezoning request came to us and went to the Planning Department, received favorable approval.
It went to the Planning Board and I believe received favorable approval there. Went to the
Warren County Planning, I believe it was approved there. It's back before us this evening
for a final hearing and some action, we hope. Anyone here who wishes to speak for or against
or ask questions about this particular request. I did receive a letter this evening when I walked
in. This is from Jeffrey McMorris of the Richard E. McLenithan Law Firm, Dear Supervisor
Borgos, In connection with the public hearing scheduled for tonight on rezoning parcels in
the Town from LI-3A to LI-lA, our clients, Airron Industrial Corp. and Ronald Chartrand
are in favor of the change. They feel, in fact, that all the properties on County Line Road
originally designated LI-lA should be returned to that designation. Our clients own the property
with the tax map numbers 109-5-1, 2, 3 & 4. These parcels were zoned LI-lA until the 1988
zoning change when they were rezoned LI-3A. Due to the configuration of the lots, requiring
3 acres for development renders the land virtually unusable. For that reason, we ask that
the Board consider rezoning these parcels as LI-lA as well. Signed Jeffrey McMorris. (Letter
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on file in Clerk's Office) The properties in question I believe, have already been through
the process and rejected. Certainly the individuals involved are always welcomed to resubmit
those applications in a formal way and there is a special form for that and there is no charge
for that. However this letter speaks in favor of the rezoning. Anyone here else who wishes
to speak for or against or ask questions about? Does the Board have any questions? Hearing
none ...
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING
RESOLUTION NO. 383, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Stephen Borgos.
WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property
owned by the Warren-Washington County Industrial Development Agency and Adirondack
Industrial Park, Inc., as shown on Town of Queensbury Tax Map as Numbers 55-2-19, 20 and
a portion of 21, which portion is more accurately described as follows:
All that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, more particularly bounded and
described as follows: BEGINNING at a point in the center of County Line Road being some
2652.00 feet f South of the intersection with Hicks Road; running thence along the center
of said road the following two courses and distances:
(1) South 05 degrees, 21 minutes and 30 seconds West, a distance of 642.23 feet;
(2) South 05 degrees, 16 minutes and 30 seconds West, a distance of 157.77 feet; thence
running North 77 degrees, 51 minutes and 30 seconds West, a distance of 875.38 feet; thence
running North 01 degrees, 34 minutes and 30 seconds West on a line parallel with and 200.00
feet easterly of the centerline of a taxiway on Warren County Airport, a distance of 886.84
feet; thence running North 12 degrees, 08 minutes and 30 seconds East, a distance of 240.45
feet; thence running South 79 degrees, 30 minutes and 30 seconds East, a distance of 278.21
feet, thence running South 10 degrees, 29 minutes and 30 seconds West, a distance of 391.50
feet; thence running South 84 degrees and 01 minutes East, a distance of 705.65 feet to
the point and place of beginning, containing 18.264 acres of land, be the same more or less.
Bearings given in the above description refer to the magnetic meridian as of March
16, 1973.
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 of Environmental Quality Review Act,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, 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 of the Town of Queensbury 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 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
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general regulations of the Department of Environmental Conservation.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None.
RESOLUTION.,AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF
PROPERTt 6WNED BY THE WARREN-WASHINGTON COUNTY INDUSTRIAL DEVELOPMENT
AGENCY AND ADIRONDACK INDUSTRIAL PARK, INC. (TAX MAP NUMBERS 55-2-19,
20, AND A PORTION OF 21) FROM LIGHT INDUSTRIAL - 3 ACRES TO LIGHT INDUSTRIAL
- 1 ACRE
RESOLUTION NO. 384, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
WHEREAS, the Warren-Washington County Industrial Development Agency and the Adirondack
Industrial Park, Inc. petitioned the Town Board of the Town of Queensbury for a zoning change
of their property, Town of Queensbury Tax Map Numbers 55-2-19, 20 and a portion of 21,
which portion is more accurately described as follows:
All that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, more particularly bounded and
described as follows: BEGINNING at a point in the center of County Line Road being some
2652.00 feet t South of the intersection with Hicks Road; running thence along the center
of said road the following two courses and distances:
(1) South 05 degrees, 21 minutes and 30 seconds West, a distance of 642.23 feet;
(2) South 05 degrees, 16 minutes and 30 seconds West a distance of 157.77 feet; thence running
North 77 degrees, 51 minutes and 30 seconds West, a distance of 875.38 feet; thence running
North 01 degrees, 34 minutes and 30 seconds West on a line parallel with and 200.00 feet
easterly of the centerline of a taxiway on Warren County Airport, a distance of 886.84 feet;
thence running North 12 degrees, 08 minutes and 30 seconds East, a distance of 240.45 feet;
thence running South 79 degrees, 30 minutes and 30 seconds East, a distance of 278.21 feet;
thence running South 10 degrees, 29 minutes and 30 seconds West, a distance of 391.50 feet;
thence running South 84 degrees and 01 minutes East, a distance of 705.65 feet to the point
and place of beginning, containing 18.264 acres of land, be the same more or less.
Bearings given in the above description refer to the magnetic meridian as of March
16, 1973.
from Light Industrial - 3 Acres to Light Industrial - 1 Acre, and
WHEREAS, on May 22, 1990, the Town of Queensbury Planning Board recommended approval
of the petition, and
WHEREAS, the Warren County Planning Board also recommended approval of said petition,
and
WHEREAS, a public hearing was held on this matter on July 9th, 1990, and
WHEREAS, the Town Board of the Town of Queensbury has made a determination that the
rezoning will have no significant environmental impact, and
WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and
circumstances of the areas to be rezoned,
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NOW, THEREFORE BE IT
RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone
the property owned by the Warren-Washington County Industrial Development Agency and
the Adirondack Industrial Park, Inc., Town of Queensbury Tax Map Numbers 55-2-19, 20, and
a portion of 21, more accurately described as follows:
All that certain piece or parcel of land situate, lying and being in the Town of Queensbury,
County of Warren and the State of New York, more particularly bounded and described
as follows: BEGINNING at a point in the center of County Line Road being some 2652.00
feet t South of the intersection with Hicks Road; running thence along the center of said
road the following two courses and distances:
(1) South 05 degrees, 21 minutes and 30 seconds West, a distance of 642.23 feet;
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(2) South 05 degrees, 16 minutes and 30 seconds West, a distance of 157.77 feet; thence
running North 77 degrees, 51 minutes and 30 seconds West, a distance of 875.38 feet;
thence running North 01 degrees, 34 minutes and 30 seconds West on a line parallel
with and 200.00 feet easterly of the centerline of a taxiway on Warren County Airport,
a distance of 886.84 feet; thence running North 12 degrees, 08 minutes and 30 seconds
East, a distance of 240.45 feet; thence running South 79 degrees, 30 minutes and 30
seconds East, a distance of 278.21 feet; thence running South 10 degrees, 29 minutes
and 30 seconds West, a distance of 391.50 feet; thence running South 84 degrees and
01 minutes East, a distance of 705.65 feet to the point and place of beginning, containing
18.264 acres of land, be the same more or less.
Bearings given in the above description refer to the magnetic meridian as of March
16, 1973.
to Light Industrial 1 Acre, thereby. authorizing all uses permitted under Section 4.020-N
of the Town of Queensbury Zoning Ordinance in such area, and
BE IT FURTHER
RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide
for the rezoning of said lands, and
BE IT FURTHER
RESOLVED, that pursuant to the requirements of Article II 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, and
BE IT FURTHER
RESOLVED, that this amendment take effect ten (10) days after said publication.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None -�-"
SUPERVISOR BORGOS again apologized for mistake in notification of scheduled public hearing
for tonights meeting regarding Zoning Request of Ricciardelli's property and by
recommendation from our Attorney we will not hold the public hearing but rather pass a
resolution tonight to reschedule the Public Hearing.
CHARLES ADAMS, 18 Bullard Avenue-I'm the applicant in the rezoning and would like to
express appreciation to the number of people who appeared at tonight's meeting and hope
that they'll show up again for the next scheduled public hearing.
RESOLUTION TO RESCHEDULE PUBLIC HEARING ON REZONING OF RICCIARDELLI
PROPERTY
RESOLUTION NO. 385, 1990, 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 reschedules the public
hearing on a proposed rezoning on the Anthony P. or Carol A. Ricciardelli, Jr. or Robert
Ricciardelli property for July 23, 1990 at 6:30 P.M. at the Queensbury Activity Center, 531
Bay Road, Queensbury, New York 12804.
Duly adopted this 9th day of July, 1990 by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
DISCUSSION - Flynn Property, Mannis Road
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SUPERVISOR BORGOS-We have a fairly significant problem related to the Flynn property
located on Fitzgerald Road near Glen Lake. We've been working on this problem for a
considerable period of time. All of sudden its come to a head. Okay, I'll ask our attorney,
Mr. Dusek or Miss Corpus to fill us in as to where we stand at the moment.
ATTORNEY DUSEK-Well, Mr. Supervisor, if I may, I think the Building Code Director would
be the more appropriate person to give a report to the Board ...
SUPERVISOR BORGOS-Can he bring us up to date, he's been away?
ATTORNEY DUSEK-1 think if he can give a preliminary report and I can back it up where
it need be.
DAVE HATIN, DIRECTOR OF BUILDING & CODES ENFORCEMENT-Steve I know you are
familiar with the property, I don't know about the rest of the Board. It's located on Mannis
Road.
SUPERVISOR BORGOS-It's Fitzgerald Road that goes all the way down.
MR. HATIN-Mannis Road.
SUPERVISOR BORG OS-Fitzgerald goes to the right and Mannis goes all the way back to the
end?
MR. HATIN-Yes.
SUPERVISOR BORGOS-That's not what I've been told, but that's alright, you know.
MR. HATIN-Basically what we have is an excavation for what is supposed to be a year round
home, they cleared, started almost a year and a half ago. When this project was undertaken,
we explained to the owners that they would encounter some zoning problems when they started,
so we issued the permit in 3 stages. Number 1 was for excavation of the property and provide
us with a survey showing us and once they got the property down to its present elevation
that they could fit all the requirements of the zoning without a variance, whether they have
to apply for variances. They also have to have retaining walls in place at the time they
establish those slopes of greater than 30 percent. That project was undertaken with some
k knit picking I guess, they said I was knit picking but I had to use some force to get to undertake
---- them the retaining walls, they finally did get the retaining walls started. Unfortunately,
the day the gentleman was scheduled to leave the property, was like an hour before being
finished, one retaining wall collapsed, which happened last October or November. Since that
time we've given the Flynn's plenty of opportunities to take corrected actions to retain the
slopes or replace the retaining walls. To date nothing.has happened. Apparently you have,
I guess Paul's more fitting for interpreting unsafe structures, because the retaining wall is
collapsing and shows signs of serious collapse if something isn't done in the near future. I'll
be happy to show the Board pictures that were taken last Fall. It has moved somewhat since
then but it's still in place. (presented pictures to Town Board)
SUPERVISOR BORGOS-The Town Attorney and I have visited this property within the past
few days and I've also visited the property with an engineer although we did not enter the
property because we did not have permission at that time. It seems to be considerably worse
right now. Any members of the public are welcomed to look at these also. We have a situation
where there is a cut in the embankment of what 30, 35 feet probably, in height. On top of
these retaining walls, there are a whole pile of rocks, including one about that size, that's
all set to go with just a little bit of a touch and what will happen to what is below, we don't
know. But we're very concerned that children will enter on that property at this time of
year, and could be injured if there was a problem there. I'll ask our Attorney now to fill us
in, as far as the discussions with the attorney for the Flynns' as far as fencing and so forth.
COUNCILMAN MONAHAN-Can I ask Dave a few questions first? Dave, how come they were
permitted under our ordinance to start that excavation so close to the neighbor's lot and at
such a steep slope?
MR. HATIN-There's nothing in our ordinance that excludes you from excavating your property
on a residential lot.
COUNCILMAN MONAHAN-Right up to the neighbor's lot?
MR. HATIN-Right up to the property line. DEC has a different restriction, there's is 20 feet
I believe. But I can only enforce what we have to deal with as far as Town Code.
COUNCILMAN MONAHAN-Paul, would you make a note of that, so we can correct that in
our Zoning Ordinance, please. I mean I've never saw such a, I better not comment because
this is going to court probably but I have my opinion of what that situation is over there and
I have my opinion of alot of things that have gone on with that property.
SUPERVISOR BORGOS-Paul would you fill us in as far as the fence?
ATTORNEY DUSEK-Well basically just to give the Board a little more complete picture.
Mr. Hatin started an action in court relative to this matter, so you know, based upon the
violation of the ordinance concerning the 30 percent requirements. The slope is greater than
30 percent. So there's an action pending in court. When the Supervisor and I discussed this
problem, he brought me over to see exactly what it looked like, at that time the idea came
up that I felt we could bring this under the unsafe structures local law that you have so that's
why its now before the Board. Also in the mean time, a discussion was had with the attorney
for the Flynn's where in that I indicated the Supervisor's concern, as well as I know, the Town
Board's concern, that the property is unsafe and that something should be done immediately
to rectify that situation, at least in terms of fencing it and taking whatever measures are
possible to at least start to protect people against the potential harm. As a result of that
phone conservation, the attorney advised me that they would put up fences in the front and
in the back and they would attempt to secure permission from the adjoining land owners to
put fences on their properties as well to prevent access. I don't know what the response was
on one. I believe Carla has indicated to me that one of the property owners though has said
no, that they do not want the fence on their property. I'm not quite sure why, I don't know
if any explanation was given but there is that one problem at the moment. Now the attorney
was supposed to be here tonight to fully explain his client's position and what his plans were
to the Board. Carla tells me that because of the scheduled public hearings, he was given
an estimated time of about 8:00 to 8:15 before he would be gotten to, so it's my suspicion
he'll probably be here but he's probably running a little late.
COUNCILMAN MONAHAN-This would be Mr. Goodspeed?
ATTORNEY DUSEK-This is would be Mr. Goodspeed.
COUNCILMAN MONTESI-Paul, what would happen if the bank eroded to the point that part
of the neighbor's property went down the slope to? Whose responsibilities is that? Other
than the safety the factor, I mean is the Town liable for this?
3
ATTORNEY DUSEK-Well, I think the adjoining property owner who caused the, you know,
caused that to occur would be primarily liable in that instance. I don't see, personally I don't
see how the Town can be made liable for something a property owner does to their property,
that causes another property owner a problem. We have an obligation to enforce our zoning
ordinance which is what this Town is doing through Mr. Hatin's office and I feel you also have
an obligation to look at from this other unsafe structure avenue under the local law to see
if you can correct or help correct the situation. But as far as the immediate liability, I think
that really rests against the Flynns.
SUPERVISOR BORGOS-Any other questions from the Board? Okay, the next question is,
legally, how do we proceed to get rid of the problem?
ATTORNEY DUSEK-I think in the first instance, it would be helpful to hear from Mr.
Goodspeed. I believe he has some proposals on curing the problem. Then also I believe that
we should get a more complete report from Mr. Hatin and also set a public hearing, or not
a public hearing but a hearing which is required under an unsafe buildings law which you can
do within a 5 day period so that you can have all the testimony taken and the case made and
the Town Engineer present as well as Mr. Hatin to give the full case and then the Board can
make a ruling.
SUPERVISOR BORGOS-So conceivably that could take place at our next meeting next Monday?
ATTORNEY DUSEK-That's correct.
COUNCILMAN MONAHAN-Paul I would hope that Mr. Goodspeed comes tonight and there's
that detail of what this childproof fence is supposed to entail because I've seen some of these .
childproof fences, a couple of boards and that orange fencing stuff.
(Discussion held on Crossman, awaiting Mr. Goodspeed's arrival)
CROSSMAN'S RESIDENCE - CONNECTICUT AVENUE
SUPERVISOR BORGOS-Noted that Mr. Crossman appeared before this Board about a month
ago, where the Board gave him 30 days to begin corrected action on that residence, so that
he could at some point move back in.
y67.
MR. HATIN-LSome activity has occurred on the property, some cleaning done inside taking
the material outside and hauling some to the dump. The place is still disarray and not what
we would call habital at this time.
SUPERVISOR BORGOS-The building on the outside has been closed and locked up?
MR. HATIN-Yes.
SUPERVISOR BORGOS-Do you feel he is making progress?
- MR. HATIN-He is making an effort, but how much progress, I'm not quite sure.
COUNCILMAN MONAHAN-But is he making steady effort?
MR. HATIN-I've not been there every day, the neighbors say that there are signs of activity
going on there, so he has been working on it little by little.
COUNCILMAN MONTESI-Is he still living in the tent?
MR. HATIN-As far as I know he is living with relatives, I didn't see any signs of a tent.
COUNCILMAN POTENZA-But the building is secured?
MR. HATIN-Yes.
DISCUSSION with Town Attorney, Town Board agreed that Mr. Crossman was making an
effort, decision made by Town Board to extend the time period. Requested that Mr. Hatin
continue to monitor Mr. Crossman's progress and submit report and photographs to the Town
Board for the first meeting of August.
RESOLUTION EXTENDING TIME PERIOD REGARDING CROSSMAN'S RESIDENCE ON
CONNECTICUT AVENUE
RESOLUTION NO. 3869 1990, Introduced by Ronald Montesi who moved for its adoption,
seconded by George Kurosaka.
RESOLVED, that the Town Board of the Town of Queensbury hereby extends the time period
to continue to clean up, fix up and make satisfactory progress toward the restoration of this
property for:a properly placed dwelling, and
BE IT FURTHER
RESOLVED, to give the gentleman involved until the first regular scheduled Town Board
meeting in August to comply with additional work, and
BE IT FURTHER
RESOLVED, to serve a copy of this resolution upon him.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
FLYNN PROPERTY DISCUSSION CONTINUED
STERLING GOODSPEED-I represent John and Rita Flynn relative to the matter which is
pending before the Town of Queensbury.
SUPERVISOR BORGOS-Thank you. We discussed the situation relative to the wall and the
partial failure to the more complete failure and its been brought to our attention that you
have desire to come before us tonight to explain some of the actions that your client is willing
to take.
(Mr. Crossman entered room and the Supervisor explained to him what previous action the
Town Board took regarding his present situation)
MR. GOODSPEED-Essentially we are trying to do a couple of things addressing 2 issues.
One is the safety issue and to address the safety issue, we've already placed additional signs
on the property as of today. We made some efforts over the weekend to get fencing. Mr.
Flynn was ill over the weekend. We tried to hire a contractor, was unable to do so. We are
willing to place a fence at the direction of the Town and their engineers, to place what
additional signs are necessary to make the area as safe as possible. The second issue is what
are we going to do about it and is it going to be a long term solution and the idea here is that
we want a permanent fix. We don't want to do patch work because our contractors have advised
us that the patch work may create a bigger problem than what we're facing now, giving the
illusion that it's working and not work at all. So the idea would have to be a total redue of
the project or an actual filling to stabilize the area. We do intend to do that but to try and
bring the Board a little bit of knowledge on this, the Flynn's are fighting a battle right now
with their insurance carrier. The contractor who built the structure to support the system,
had a specific rider which included collapsed coverage. The company however is failing to
pay on that policy. We've been advised to do the job the way it should be done, the cost is
100 thousand dollars roughly, give or take 5 or 10 in either direction. So what we want to
do, is we want to fix the thing permanently and until such time that we can do so, we want
to make it as safe as possible for everyone in the neighborhood. We're certainly here to listen
as well if anybody has any additional solutions on how to make it safer, we're ready to comply
and do whatever needs to be done in that regard and work with the Town. But, as I said, we're
here to listen also.
COUNCILMAN MONTESI-Did you say a fill system is going to be ultimately what has to happen,
when you say fill, filling in part of the gully that has been created?
ATTORNEY GOODSPEED-It's my understanding that 2 things could happen or some ... Either
you could fill the area totally to eliminate the risk or you could leave the area as it is and
redo the brace network or you could do something in between. Adjust the fill to increase
the height slightly and not require so much bracing along ... t
COUNCILMAN MONTESI-Most of that would depend on what kind of time restraint we put
on that, not withstanding the fact that you're talking about a 100,000 dollar in it, not
withstanding the fact that you're in litigation, that this Town Board said that you have 4 months
to rectify the problem, then they're going to have to do something expedient and not a patch
work job like maybe filling.
ATTORNEY GOODSPEED-We would certainly try and do that, but just to try and give you
an idea that the solution to fill is not inexpensive either and it would involve weeks possibly
of work on the property, because you're not dealing with a situation where you can just go
in and put the dirt there. There's a real question of how much has to go in there in order
to hold the volume that is being backed up right now. So its as tough a job to fill it as it is
to rebrace it.
COUNCILMAN KUROSAKA-That's worse than what you've got.
ATTORNEY GOODSPEED-That's correct.
COUNCILMAN MONTESI-Unless we put a time table on this, we could be dealing with a very
long prolonged period for a multitude of reasons, none of which are really the responsibility
of the Towns.
ATTORNEY GOODSPEED-I suppose that that is true but realistically speaking, what I'm
hoping to impress upon you, is we want to make it as safe as we can until we can give it a
permanent fix within the best of everybodies interest. At this point, we're simply unable
to give it a permanent fix, the Flynn's don't have a 100,000 dollars to fund the project. We
could do something temporarily but we're not convinced that that's in the Town interest or
the Flynn's interest because you would have to go in, throw a few thousand dollars on the
project and still in all likelihood might not be best. It would be a temporaryfix but then have
to be pulled out for the permanent fix to actual be effective and we're not convinced it will
work. The contractors that we have spoken to, always say, we can't guarantee ...
COUNCILMAN KUROSAKA-Talk to the engineer, don't talk to the contractor.
COUNCILMAN MONTESI-What kind of time table are you looking at? We're in this Summer,
we're going into the Fall, we're going to hit another real unstabling set of circumstances and
that's the frost, the leaves and Spring too. Are you looking to get this job done before Winter?
Are you looking at a year project? I mean, you know, a 100,000 dollars give or take fill or
retaining wall, is not easy to come by. I don't know what the property is worth, if it's worth
a 100,000, you've got equity equal to the value of property. I don't see a solution to this in
the near future and I'm not sure I'm prepared to let you or your client wait until you find
the money or find a solution that it's affordable for you. We have a serious safety situation
that we want to rectify and we need to have a time table that you're working for us, not us.
ATTORNEY GOODSPEED-I agree with you and our primary concern is not so much the cost
as it is the safety and actually doing something that is going to last. What I am saying is
that if we just do the temporary procedure, we may not accomplish it and we may accomplish
less than what we have now.
COUNCILMAN MONTESI-The temporary procedure may be to take the retaining walls that
you put in there that are collapsing out of there and put some fill in and stabilize the banks,
and I'm not sure that that's a bad thing to do.
ATTORNEY GOODSPEED-I don't know.
f COUNCILMAN MONTESI-What happen to all the fill that was in there?
ATTORNEY GOODSPEED-Its gone and I honestly don't know where it is.
COUNCILMAN MONTESI-Was it sold?
ATTORNEY GOODSPEED-I don't know. I can find out for you sir. My concern would be
if they simply pull the thing out, the effect would be devastating on the neighbors land because
you are looking at an incline on both sides.
COUNCILMAN MONTESI-That's something that they should have realized when they took
the fill out of there.
ATTORNEY GOODSPEED-That's understood but in fairness to the Flynn's, they did everything
by the book on this project and it still went wrong.
COUNCILMAN MONAHAN-Mr. Goodspeed, excuse me, you said everything by the book, did
they have an engineer design this project in the first place?
ATTORNEY GOODSPEED-I'm not certain whether it was the engineer or the contractor,
but it certainly was approved at the Town level.
COUNCILMAN MONAHAN-Why would you say, the contractor would have the expertise...
SUPERVISOR BORGOS-Excuse me Betty, one second, I think we are going to need a public,
hearing on this anyway, it would be better to hold a discussion until that time.
PAUL DUSEK-TOWN ATTORNEY-And then it becomes all part of a record.
SUPERVISOR BORGOS-Right now it will not be part of the record...
COUNCILMAN MONAHAN-What I am concerned about Steve, that I have looked at this
property, we got two neighbors and I am not an expert, anymore than the Contractor is an
expert, but would say that we have two neighbors in jeopardy in loosing their property sliding
into the Flynn's property. I do not know what the exposure of some of the buildings that belong
to the neighbors maybe, I do know that one neighbor at least has long range...I just do not
want to, I am trying to see if we have to advertise for a public hearing I think that this thing
is an emergency situation and I am not prepared to sit here tonight and say I am going to
wait for two weeks to see those neighbors protected.
SUPERVISOR BORGOS-I agree with you, I do not believe that we need a public hearing, you
have to have a certain number of days notice.
PAUL DUSEK-TOWN ATTORNEY-Five days.
SUPERVISOR BORGOS-Five days notice, it does not have to be a public hearing as such to
bring it before us, by the thinking is, is there anything that we could do this evening, as an
emergency action because we do believe it is an emergency situation, in fact we almost called
a special meeting for last Friday.
COUNCILMAN MONTESI-I would think that the best message that Mr. Goodspeed could send
back to his client we are not looking at a year we are not looking at six months we are looking
to rectify the problem immediately. If we were to give three or four months it might be
a long time, now, I do not know what that is going to take but if it is going to take some bucks,
obviously the fill that was in there was sold or distributed or somehow it went away. You
do not want to say how but something happened to it something has got to come back and
fill that hole and stabilize it.
ATTORNEY GOODSPEED-1 would like to just take a moment, recognizing that we are going
to have another form to address it, to try and address some of Mr. Montesi's questions.
I am still concerned and I am a lay person obviously in the engineering field, I am still concerned
as to whether fill alone is going to create a solution that the neighbors can deal with. On
the question as to who actually formulated this view on how to make the structural system
work, it is our understanding that it has been done the way it was supposed to have been done
it would have worked and there would not have been a problem.
COUNCILMAN MONAHAN-It was supposed to have been done, decided by whom?
ATTORNEY GOODSPEED-As I understand and I am subject to correction there were meetings
on the property with the landowners, the Flynn's and with representatives from the Town
of Queensbury as well as the contractor who was actually out in the field doing the work.
i
COUNCILMAN MONAHAN-Who had the expertise to decide what the weight problems were
of a hole that was how deep?
DAVE HATIN-DIRECTOR OF BLDGS. AND CODES-If I could just clarify something?
SUPERVISOR BORGOS-I just wonder again in preserving the rights of the owner of this
property, their Attorney is here is that enough? Before we bounce back and forth without
them having the opportunity of being here? I am being very cautious for the legal side of
this, because I am sure it will go somewhere.
PAUL DUSEK-TOWN ATTORNEY-Now, the first thing is that there's got to be a hearing
at some point, there is no question about that in order to effectuate the terms of this local
law, the power that the Board has tonight is whether or not it wants to effectuate any kind
of emergency measurers if it feels that those are warranted under this local law. The question
I think before the Board at this moment is really what, do you want to effectuate any
emergency measures and what measurers should you effectuate? I am an Attorney, I am
not an engineer, Mr. Hatin is probably the best source, I believe, Rist Frost has made the
recommendation that you had the homeowners engineer come back with a proposal with
emergency measures in it. Rist Frost will in turn review it to see if it is something that
they feel they can tell the Town is workable and recommend to the Town.
SUPERVISOR BORGOS-For instance if we gave the message tonight that we want to see
a proposal hopefully prepared by an engineer in our hands by Thursday...so that it can be
presented to us by Thursday, reviewed by our engineers and we can act on it by next Monday _
is that a thing we could do under our emergency powers?
PAUL DUSEK-TOWN ATTORNEY-You could even do it before that if people could react
fast enough, the emergency powers does not require notification.
DAVE HATIN-When this came to my attention which was back in November...I contacted
....Mailey, I have all the correspondence here plus writing some telephone conversations I
had with Gary Hobbs the original Attorney for the Flynn's. They went out and hired an
engineer, James Weller Engineers of Bay Road and I have a letter from him on this. It says
a proposal to design and construct a retaining wall was sent to the Flynn's by Kubricky
Construction Corp. on April 4, 1990 I do not expect any further involvement in this project.
He also told me that the Flynn's did not want to go 100,000 dollars to replace the retaining
wall at that time, he did not expect it to go anywhere. There was a proposal worked out
for the Flynn's they did not want to go the cost. Something this Board has to keep in mind
this has not gone on in the last month or so this has been going on for six months and I
complained constantly that something could happen to this. The Flynn's have backed off
every time, they always throw a legal road block at me I just think that this is another
opportunity to throw a legal road block at me. Somebody has got to take some action here,
I obviously cannot go and replace the retaining wall myself, but that is not a question ...
COUNCILMAN POTENZA-I have a concern because I am not about to say put a sign or put
up ropes or put off fencing or put up...I am not, it is truly an emergency and I think now..must
fall on either the Town Attorney or I am sorry the Town Engineer of record for the Flynn's
on an emergency basis and have something done within, that can be safety...
ATTORNEY GOODSPEED-I just have a question with regard to what the emergency is
specifically, I think everybody agrees that there is a problem out there that children become
involved in the area it could be very dangerous.
COUNCILMAN MONAHAN-Mr. Goodspeed have you looked at...
ATTORNEY GOODSPEED-I have been out there, I agree with what you are saying my question
is I would like to know from the Town's standpoint, they did have the engineers from Rist
Frost out there, I would like to know what their perspective is and actual physical danger
to the adjoining homeowners, that is not addressed.
SUPERVISOR. BORGOS-Rist Frost Engineers did not actually enter upon the property because
we did not have your permission at that time we could not reach the Flynn's we stood on the
road and they looked as best they could and what little they could see which was quite a bit
they saw, one very large rock its almost two feet in diameter sitting up on top of all the little
rocks. This particular time of year we got a lot of young people who are here for the summer
just wondering around and that is an attractive nuisance if you will, a climbing structure.
If anyone climbs up there it is going to go that situation did not exist before school got out
so it is an emergency now where perhaps it wasn't an emergency three weeks ago..
ATTORNEY GOODSPEED-We, again are willing to do what is necessary to make that area
safe we do need some cooperation in the community as well, we contacted adjoining property
owners in the last four days to try and obtain permission to enter the land to at least put
a fence up and to date there has been no response. We do want to do that we want to.take
that step. ,
COUNCILMAN MONAHAN-Mr. Goodspeed I am not sure that you could secure a fence and
have it stay there to be honest with you with the shape of that property if you are talking
about fences that would top that ... on both sides...
SUPERVISOR BORGOS-They wanted to be back at least 30 feet on the...and 20 feet on the
other side.
COUNCILMAN MONAHAN-There is not that amount of feet.
SUPERVISOR BORGOS-Well, that is what I am saying, that is the problem, it has to go onto
the property of the adjoining landowners.
COUNCILMAN MONAHAN-Remember, somebody measured from the edge of that cut, back
to where they are building there is not that amount of land there.
SUPERVISOR BORGOS-Rist Frost is saying you have to go twenty feet back on that man's
property, and there is only 12 inches.
COUNCILMAN MONAHAN-All together, between the structure
SUPERVISOR BORGOS-Between the structure is 151, but between the edge of the property
is about 6" so that what Mr. Goodspeed is saying they have not gotten permission to go onto
those properties to put the fence up.
COUNCILMAN MONAHAN-What I am saying is that even if they do get permission they cannot
get the fence back far enough...
SUPERVISOR BORGOS-They could if the property owners given them permission to do it.
COUNCILMAN MONTESI-Why would you put a fence through the middle of your yard?
SUPERVISOR BORGOS-Just to save somebody from getting killed.
COUNCILMAN MONAHAN-That is true, if you could have a guarantee that within another
month that was going to be taken care of, I would not put a fence through my yard for a year
while somebody dilly, dallied about doing something about this..
SUPERVISOR BORGOS-Rist Frost has written the following two sentences in the middle
of their letter, "it is our opinion that the present condition is extremely unsafe. There is
a high potential for further slope failure with damage to life and property below the slopes
and adjacent to the slopes" I think that is an emergency.
ATTORNEY GOODSPEED-There is no doubt about it, and we want to alleviate that emergency
or minimize it to whatever extent possible.
COUNCILMAN MONAHAN-Steve, may I make a suggestion, when do you feel we can have
another special meeting and apparently we are going to have?
SUPERVISOR BORGOS-We are going to have another Regular Meeting Monday.
COUNCILMAN MONAHAN-That's going to be too long, as far I am concerned.
Three or four days I would say that they have an engineer's report on their own not the town's
because we do not want that liability, they will hire an engineer, they will have a report
prepared with the, what is the word I want to use, a measure that will be taken to alleviate
this problem and there will be no more fooling around with this. I would say three or four
days to do this.
SUPERVISOR BORGOS-It is Monday night now, and they have three days, if they get it to
us I would a9k them for it by Thursday evening to give Rist Frost all day Friday to work on
it, then Monday we have the action. To do that any faster than that, I do not know if they
could do it any faster than that.
COUNCILMAN MONAHAN-No, I think you are right, I forgot about Rist Frost.
SUPERVISOR BORGOS-I am going to need an affidavit dated to take a look at it..
COUNCILMAN MONAHAN-They may need to consult with the other people, but there cannot
be anymore fooling around about the property owners getting an engineer and preparing this
type of a document.
ATTORNEY GOODSPEED-We will certainly do that. j
SUPERVISOR BORGOS-Let us get a form of a resolution, ...I will ask our Attorney to ...with
the dates involved so that it is perfectly legal.
ATTORNEY DUSEK-Before we do that can I just ask Mr. Hatin a question on the record.
At this point is it your opinion that the property is dangerous or may become dangerous and
unsafe to the general public?
DAVE HATIN-DIRECTOR OF BUILDING AND CODES-Yes.
ATTORNEY DUSEK-Do you feel that is would be a an object of attraction to minors?
DAVE HATIN-DIRECTOR OF BUILDING AND CODES-Possibly, I would say yes.
ATTORNEY DUSEK-OK, with that out of the way, I just wanted to get the formality there.
I think a proposed resolution if acceptable to the Board would read something as follows:
RESOLUTION REGARDING FLYNN PROPERTY ON MANNIS ROAD
RESOLUTION NO. 387, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded
by Mr. Ronald Montesi:
WHEREAS, the Town Board of the Town of Queensbury is presently considering certain property
owned by Mr. and Mrs. Flynn on Mannis Road, in the Town of Queensbury, and
WHEREAS, upon said property there is located a retaining wall and an extremely steep slope
on both sides and the same is presently under consideration by the Town Board pursuant to
the authority vested in the Town Board under Local Law Number 3 of 1983 concerning the
repair and removal of unsafe buildings and collapsed structures and
WHEREAS, an investigation and report has been made by the Director of Building and Codes
and he has rendered the opinion that the structure is or may become dangerous or unsafe
to the general public that it could possible be an object of attraction to minors and
WHEREAS, an engineer report has also been presented to the Town Board which indicates
that there is presently an unsafe condition and
WHEREAS, it is the Town Board's opinion that the property is presently unsafe and dangerous
and at that the same is in need of repair and
WHEREAS, the Town Board desires to serve notice upon Mr. and Mrs. Flynn and their Attorney
pursuant to the Local Law outlining a description of the premises, two, given a statement
of the particulars how the structure is unsafe and dangerous which descriptions shall be by
virtue of a copy of this resolution and a copy of the engineering report furnished by the Town
and the testimony that Mr. Hatin presented at this meeting and three, the Flynn's be required
to produce a report on how the property shall be made immediately safe and secured and
the retaining wall fixed, repaired or the slopes otherwise brought into compliance with the
ordinances of the Town and four, that such work shall begin within thirty days of the service
of a copy of this resolution upon the Attorney, the Attorney has indicated willingness to accept
service on behalf of his clients and therefore this notice shall be served upon the Attorney
and it will be deemed good and proper 'service upon his clients, five, that a hearing on this
matter will be held before the Town Board of the Town of Queensbury on Monday, July 16,
1990 at 7:30 P.M. whereat this matter will be further considered and the Town Board will
consider taking such other and further action which may be provided by its local law, six
that in the event that there is a neglect or refusal to comply with this order and resolution
the Town Board is authorized to provide for its demolition, removal and repair of the structure
or premises and assess all expenses thereof against the real property, which is the subject
'173.
of this proceeding and which is owned by Mr. and Mrs. Flynn and be it further
RESOLVED, that notice shall be served upon the Attorney of a copy of this resolution and
that notice of the public hearing shall likewise be served and in the meantime the Board shall
consider this matter once again on Monday and consider such other emergency measurers
as may be necessary and be it further
RESOLVED, that under the emergency powers granted in the Local Law of the Town Board
directs that a fence to surround the property to the extent possible prohibiting entrance upon
the property within forty eight hours.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
(Discussion continued)
ATTORNEY DUSEK-Sterling are you willing to accept service upon behalf of your clients?
ATTORNEY GOODSPEED-I certainly would
DAVE HATIN-DIRECTOR OF BUILDING AND CODES-Steve, may I ask a question?
SUPERVISOR BORGOS-Sure.
DAVE HATIN-DIRECTOR OF BUILDING AND CODES- The Board may want to consider this,
proposal of Rist Frost as a permanent solution, not temporary, I think that they have had
plenty of time...
SUPERVISOR BORGOS-I will ask for legal opinion?
ATTORNEY DUSEK-I do not understand what was just asked?
DAVE HATIN-DIRECTOR OF BUILDING AND CODES-We talked about temporary solutions
filling until we could figure out something out else, I think the Flynn's had more than enough
time to figure that out, they have already hired one engineer they did not like his proposal
and we got stalled further.
ATTORNEY GOODSPEED-Can I speak, because that is not really fair, this gentlemen has
not spoken to my clients..
SUPERVISOR BORGOS-This is where I, it is where I was trying to put off this until the hearing,
I think your resolution did not use the word temporary or permanent, is that correct?
ATTORNEY DUSEK-I cannot remember.
SUPERVISOR BORGOS-I do not believe it said either temporary or permanent, I think it said
recommended actions to be taken, I think we are moving along at this moment at a very good
time table and we set the hearing for our next board meeting next Monday. I am personally
satisfied that would be all right, I know where you are coming from whatever they do for
that kind of money is going to have to be in the direction of permanent, nobody would throw
that kind of money in for temporary and pull it all out again.
COUNCILMAN MONAHAN-We do not have to accept it either.
SUPERVISOR BORGOS-That is correct.
i
COUNCILMAN MONAHAN-It is up to us whether or not we are going...
I
SUPERVISOR BORGOS-I know what Mr. Goodspeed is saying I think he and his client should
have a chance to confer and to be here present to hear your statements my personal opinion,
I would tend to agree with that.
COUNCILMAN MONAHAN-I .do want Mr. Goodspeed to realize and to take the message to
his client, that we are very serious about this situation.
ATTORNEY GOODSPEED-I understand, and I understand your point of view, but I would like
to point out one thing as Mr. Hatin indicated I have only been the Attorney of Record here
for about twenty-five or thirty days but I must say that within that twenty-five or thirty
days my clients have been serious about this problem. I have spoken to Mr. Flynn everyday,
every business day on the phone and over the weekend over the telephone, they spent hours
in my office, they are not dilly dallying, it is a real problem they have been living a nightmare
they are going to try and solve it and I do not think that they can do that without some guidance
from the Town. That is why I am here, that is why I am seeking some input also but it is
a big problem for them, it is one that is going to be difficult to solve, if there has been a
delay it has not been because they do not want to solve the problem or putting it off it is
because it is a nightmare. It is a big expensive problem.
SUPERVISOR BORGOS-It is definitely a nightmare, I have been there a few times and I would
not want to be suffering through that, in their shoes. Paul, you were going to say something?
ATTORNEY DUSEK-In that resolution that I just read into the record for the Board, I believe
Mr. Goodspeed has indicated that his client will fence in the property is that correct?
ATTORNEY GOODSPEED-Yes, but I just need some clarification on this, if you are talking
about a full enclosure we certainly do not have permission at this point to even attempt and
enclosure.
ATTORNEY DUSEK-I think you have to enclose it to the extent you can at this point.
COUNCILMAN MONAHAN-At least from the road area also and some kind of signage that
makes people aware how dangerous that property is to enter, not just keep off.
ATTORNEY DUSEK-That can be made as part of the resolution that, that would be the
emergency enactment of the Town Board now that they fence in to the extent that they can
without going on other people's property unless they are able to secure permission and that
they actively try to secure permission but they immediately fence in and that be done, I do
not know, how many hours that the Board would like that done in.
SUPERVISOR BORGOS-I understand, I have not been there today, but I understand you have
done some fencing is that correct?
ATTORNEY GOODSPEED-We attempted to do fencing on Sunday, and we could not get anyone
up there to do it, Mr. Flynn has been ill for about 24 hours...
SUPERVISOR BORGOS-So nothing was done today either?
ATTORNEY GOODSPEED-The signs were placed today just the signs, I have not been up
there today I cannot tell you what they say, keep off or what they say, they did put additional
signs up there.
COUNCILMAN MONAHAN-Mr. Goodspeed, what type of fence are you talking about doing?
MR. GOODSPEED-What I have told my clients and please correct me if you have a better
idea or something else can be offered, I said at the present time we are less concerned about
aesthetics then we are with something that is absolutely child proof.
COUNCILMAN MONAHAN-That is true, as far as I am concerned.
SUPERVISOR BORGOS-My guess is the orange plastic fence would be the best.
COUNCILMAN MONAHAN-I think that is the worst the kid could get through that in two
second time.
SUPERVISOR BORGOS-1 do not think that they can, that is pretty tough stuff.
COUNCILMAN MONAHAN-I can show you a spot right near me where it is laying in the road
and has not amount to a ...
SUPERVISOR BORGOS-If it has not been installed properly, but if it is installed property,
I do not think that they can go over it or through it very easily.
ATTORNEY DUSEK-I think it would be up to the Flynn's
SUPERVISOR BORGOS-We would say we want something that is child resistant.
ATTORNEY GOODSPEED-We will do our best, obviously it is our interest to avoid the liability
situation...
ATTORNEY DUSEK-I would suggest that is the Board desires you can consider putting in
so many hours on which the fence will be installed, forty-eight hours, seventy-two hours?
COUNCILMAN MONAHAN-Forty-eight hours...
SUPERVISOR BORG OS-F orty-eight hours is plenty, maximum.
ATTORNEY,GOODSPEED-We will attempt to do that, the only thing to say is the Flynn's
if they cannot do this themselves they are going to have to hire someone to do it and we will
hire and ....whoever that person is the severity of the situation, we will try and do it within
the forty-eight hours it maybe three days realistically, they called ten or eleven people over
the weekend and could not get them, they got answering machine after answering machine
and they tried to reach some people today and I have not talked to Mr. Flynn to find out if
they have hired anybody or not.
SUPERVISOR BORGOS-I should not be a tough problem, lets put the forty-eight hours in
there.
(Attorney Dusek-read in another statement into the resolution regarding fencing...)
The motion was voted upon...
SUPERVISOR BORGOS-Thank you Mr. Goodspeed for joining us.
ATTORNEY GOODSPEED-Thank you very much, have a good night.
SUPERVISOR BORGOS-We hope that this will be resolved.
OPEN FORUM
BARBARA BENNETT-DIXON ROAD-Question the status of the Jimmy Fund...
ATTORNEY DUSEK-There does not seem to be a law against the solicitation of donations
in the fashion which you have described, there does appear to be a requirement that an
organization from out of state be registered under Charities Bureau, I am trying to now
ascertain whether or not this organization has been registered, if they are not registered
then they should not be soliciting donations.
BARBARA BENNETT-Noted that the Lake George Opera wants 300,000 dollars, do not feel
they should with all the big expensive projects we have going here...I also question how it
is being done, I do not think it should be a separate item, this is a part of ACC, it should be
submitted under the ACC budget for approval or not.
SUPERVISOR BORGOS-I have read the documentation and am aware of what is proposed,
I will not be able to vote on it once it comes up because I am still a member of the College
Faculty but I can pass around your thoughts.
BARBARA BENNETT-Regarding the Chronicle Article on sidewalks has there been a response...
COUNCILMAN POTENZA-Noted that she had been interviewed for 45 minutes, but I had
no comments made through the article about any comments that I made.
SUPERVISOR BORGOS-We understand the problem, we have looked at a lot of alternatives,
we have made many proposals to the residents in the area, they have rejected out of hand
everything except the installation of the sidewalk...sidewalks will not make for a solution
over there, the parents will have to walk the children to school, to ride, get into a car pool,
use a bus, whatever it takes to get them there. This Board is not ready to impose upon a
relatively few people on Dixon Road the cost of sidewalks that probably will not do anyone
any good.
COUNCILMAN MONAHAN-They are so adamant, they've made up their minds to the solution,
they know the problem, they know the solution and they're not willing to entertain or even
talk about any other reasonable solutions.
_ SUPERVISOR BORGOS-I've asked those individuals if they would like sidewalks also built
in their neighborhood to get to the Dixon Road, they said, absolutely not, they do not want
any part of sidewalks in their neighborhood.
COUNCILMAN MONTESI-Noted the efforts made by the Glens Falls Transit Bus System,
Karen Ray, Director who received a great deal of abuse for circling a bus within the Hidden
Hills neighborhood which the Town had asked them to do for the purpose of helping these
people but they didn't want to see a bus running through their neighborhood. They complained
too that it was too expensive.
y76-
SUPERVISORt BORGOS-Noted that Mrs. Ray is continuing to explore that, she believes now
she's come up with providing reduced rates for those children, provided they buy a coupon
that's good for so many rides and that should be available within the next couple of weeks
as an option, to see if the parents would be interested.
COUNCILMAN POTENZA-I believe there are many alternatives rather than sidewalks.
PLINEY TUCKER, Ward 4-Questioned the situation regarding the lights on Quaker Road.
SUPERVISOR BORGOS-My last 3 or 4 letters to the Power Company have not been answered,
I don't know what is happening but we'll continue to check. There are a whole bunch of lights
behind now and a whole bunch of other things behind, for what reason, I don't know. I
MR. TUCKER-Are you going to write a letter or call?
SUPERVISOR BORGOS-This time we'll call.
PAUL NAYLOR, Highway Superintendent-Commented on the West Glens Falls Field Days,
the parade being nice and the firework pretty good.
DAVE HATIN, Director of Building & Codes-Noted that he had spoken to Councilman Montesi
the day following the informational hearing on the proposed sprinkler law and he brought
up the suggestion, which I'd like to bring to the attention of the rest of the Board, he'd like
to take a trip down to the Town of Greenburg and talk to the officials there. Is any other
Board members interested in going?
COUNCILMAN POTENZA & COUNCILMAN MONAHAN agreed to go with Councilman Montesi
to travel with Mr. Hatin to the Township of Greenburg sometime in the fall.
MR. HATIN-Requested a Board of Health for next Monday night's meeting regarding the septic
situation of Harris Bay Yacht Club.
Town Clerk made note of that.
COUNCILMAN MONAHAN-Noted that she accompanied Mr. Coughlin today to a seminar
in Voorhesville done by ... Cooperative Extension and DEC on yard waste management and
we then went to see a yard waste set up at the Town of Colonie. I brought a sample of the
leaves that don't go to the landfill and can be composted in your own backyard. You're sending
away a real valuable resource when you send it to the landfill. Your welcome to inspect it.
SUPERVISOR BORGOS-There have been requests of a Town wide composting or a neighborhood
composting operation. I think all those things are great but we need the cooperation of DEC
to let us find the site.
OPEN FORUM CLOSED
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 388, 1990, Introduced by Ronald Montesi who moved for its adoption,
seconded by Betty Monahan.
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board
Minutes of May 21st, 1990.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
Abstain: Mr. Kurosaka, Mrs. Potenza
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 3891, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Town Board
Minutes of June 18th and 25th, 1990.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
Abstain: Mr. Kurosaka
RESOLUTION CONCERNING DEFINITE PLANS, SPECIFICATIONS, AND ESTIMATE OF
EXPENSE FOR THE IMPROVEMENT OF FACILITIES FOR THE CONSOLIDATED WATER
DISTRICT OF THE TOWN OF QUEENSBURY
RESOLUTION NO. 390, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Stephen Borgos.
WHEREAS, the Town Board of the Town of Queensbury, by previous resolution no. 329, of
1990, made a determination related to the proposed increase and improvement of facilities
for the Consolidated Water District of the Town of Queensbury, which determination set
forth that it was in the public interest to provide for an increase in improvement of the
facilities of the Consolidated Water District, in the nature of the construction and installation
of transmission mains in the bounds of West Mountain and Aviation Road to join two (2) separate
transmission main ends at an estimated cost not exceed $170,700.00, and
WHEREAS, in accordance with the aforesaid resolution, the definite plans and specifications
and a careful estimate of the expense of the aforesaid improvement was directed to be prepared
and the Town Attorney was directed to assist in the preparation of the same, and
WHEREAS, the Water Superintendent of the Town of Queensbury, Thomas Flaherty, has advised
that the specifications drafted to date and a part of the report on the proposed improvements
for the West Mountain and Aviation Road Queensbury Consolidated Water District, are
satisfactory for installation and construction of the improvements authorized by previous
Town Board Resolution,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the
improvement to be continued and approves of the use of the aforesaid report on proposed
'improvements for the West Mountain Aviation Road area of the Queensbury Consolidated
Water District.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION AUTHORIZING THE ISSUANCE OF $170,700.00 SERIAL BONDS OF SAID
TOWN OF QUEENSBURY TO FINANCE THE COST OF AN IMPROVEMENT CONSISTING
OF THE CONSTRUCTION AND INSTALLATION OF A WATER TRANSMISSION MAIN
LOCATED IN THE BOUNDS OF WEST MOUNTAIN ROAD AND AVIATION ROAD IN THE
TOWN OF QUEENSBURY
RESOLUTION NO. 391, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by George Kurosaka.
WHEREAS, pursuant to the provisions of Section 202-b of the Town Law of the State of New
York and more particularly a final resolution of the Town Board of the Town of Queensbury
duly adopted the 4th day of June, 1990, it has been determined to be in the public interest
to acquire and construct a proposed improvement to the Consolidated Water District of the
Town of Queensbury consisting of the construction and installation of a water transmission
main to be located in the bounds of Aviation Road and West Mountain Road in the Town of
Queensbury, the said project being more fully described in a map, plan and report on file
with the Town Clerk of the Town of Queensbury, and
WHEREAS, it is now desired to authorize payment of said construction project and the financing
thereof, and
yX•
WHEREAS, the action for which this funding is proposed has been reviewed by the said Town
Board pursuant to the mandates of the State Environmental Quality Review Act and the said
Town Board has determined the action to be an unlisted action and has issued a negative
declaration with regard to potential environmental impacts,
NOW, THEREFORE BE IT
RESOLVED, by the Town Board of the Town of Queensbury, as follows:
SECTION i. The specific object or purpose to be financed pursuant to this resolution
is the cost of an improvement to the Consolidated Water District of the Town of
Queensbury consisting of construction and installation of a water transmission main
in the bounds of Aviation and West Mountain Roads in the Town of Queensbury, as the
same is more fully described in a map, plan and report on file with the Town Clerk of
the Town of Queensbury.
SECTION 2. The cost of such specific object or purpose is $170,700.00 and the
the plan for the financing thereof is issuance of $170,700.00 serial bonds hereby
authorized to be issued pursuant to the Local Finance Law.
SECTION 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph
a of Section 11.00 of the Local Finance Law. It is hereby further determined that the
maximum maturity of the serial bonds herein authorized will exceed five years. It is
hereby determined that pursuant to §35.00(b) of the Local Finance Law that this bond
resolution is not subject to permissive referendum.
SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby
irrevocably pledged for the payment of the principal of and interest on such bonds as
the same respectively become due and payable. There shall be annually apportioned
and assessed upon the several lots and parcels of land within said Consolidated Water
District of the Town of Queensbury which the Town Board shall determine and specify
to be especially benefited by the improvement, an amount sufficient to pay the principal
and interest on said bonds as the same become due, but if not paid from such source,
all the taxable real property in said Town shall be subject to the levy of ad valorem
taxes without limitation as to rate or amount sufficient to pay the principal of and
interest of said bonds as the same shall become due.
SECTION 5. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance.
and sale of the serial bonds herein authorized, including renewals of such notes, is hereby
delegated to the Town Supervisor, the Chief Fiscal Officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said Town Supervisor, consistent with the provisions of the Local Finance Law.
SECTION 6. The validity of the bonds or notes authorized herein or any bond
anticipation notes issued in anticipation of the sale of such bonds_ may be contested
only if:
1) Such obligations are authorized for any object or purposed for which the Town
of Queensbury is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of the publication
of this resolution or summary thereof, or certificate, as the case may be, are not
substantially complied with end an action, suit or proceeding contesting such validity,
is commenced within twenty (20) days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the constitution.
SECTION 7. This resolution shall be published in full by the Town Clerk of the
Town of Queensbury in the official newspaper of the Town of Queensbury in accordance
with the notice presented at this meeting.
SECTION 8. This resolution is not subject to permissive referendum
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION ESTABLISHING CAPITAL FUND BUDGET FOR H54 QUEENSBURY SCHOOL
PARKS PROJECT
RESOLUTION NO. 392, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 212 previously
authorized a recreation project for the Queensbury School Joint Project in the amount of
$75,000.00 and authorized the establishment of a Capital Project Fund which now bears the
number H54, for said project and the withdrawal and expenditure from a Capital Reserve
Fund known as a New Recreation Facility Capital Construction Account to fund the said
Capital Project Fund, and
i
WHEREAS, the Resolution was made subject to a permissive referendum in accordance with
the provisions of Article 7 of the Town Law of the State of New York, and
WHEREAS, the Town Clerk of the Town of Queensbury has advised that she has posted and
published notice of the aforesaid Resolution, and that the same was adopted subject to a
permissive referendum, and that 30 days has elapsed since the adoption of said Resolution
and a Petition has not been filed protesting against the said Resolution in accordance with
Article 7 of the Town Law of the State of New York, and
WHEREAS, the Town Board is desirous of establishing a Budget for the newly created Capital
Projects Fund,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations
in the said Capital Project Fund in the amount of $75,000.00 and the Town Board establishes
an estimated revenue for said Project Fund, to come from the unappropriated fund balance
in the Project Fund, which was originally transferred from the Capital Reserve Fund, known
as the New Recreation Facility Capital Construction Account, in the amount of $75,000.00,
and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs
the funds appropriated from the aforesaid Capital Reserve Fund be used to establish
appropriations in the said Capital Project Fund by establishing the following accounts and
appropriating funds to the same in the amounts indicated:
1. Architectural/Engineer Design Services and
Purchase/Construction of Lights, and Other
Facility Apparatus - $75,000.00
and
BE IT FURTHER
RESOLVED, that the Town Supervisor of the Town of Queensbury, as Chief Fiscal Officer,
is hereby authorized and directed to establish fund numbers and account numbers and transfer
funds to accomplish the purposes of this Resolution.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION AND SIGNATURE OF
A PROJECT FINANCING AGREEMENT, A LOAN AGREEMENT AND OTHER DOCUMENTS
NECESSARY FOR SWPCRF ASSISTANCE UNDER THE APPROPRIATE LAWS OF NEW YORK
STATE AND THE UNITED STATES OF AMERICA
RESOLUTION NO. 393, 1990, Introduced by Ronald Montesi who moved for its adoption,
seconded by George Kurosaka.
WHEREAS, the Town of Queensbury, herein called the "Applicant," after thorough consideration
of the various aspects of the problems and study of available data, has hereby determined
that the Project generally described as the Central Queensbury Quaker Road Sewer District,
herein called the "Project," was and continues to be desirable and in the public interest, and
to that end, it is necessary that action be undertaken to secure additional funds and financing
for the project by way of bonds or other previously authorized borrowings, such as through
the State Water Pollution Control Revolving Fund, and
WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such
may be amended from time to time, the "Water Quality Act"), requires each State to establish
a water pollution control revolving fund to be administered by an instrumentality of the State
before the State may receive capitalization grants under the Water Quality Act, and
WHEREAS, the State of New York has, pursuant to Chapter 565 of the Laws of New York
of 1989 as amended, the State Water Pollution Control Revolving Fund Act (the "SWPCRF
Act"), established in the custody of the Environmental Facilities Corporation (the
"Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes
of the Water Quality Act, and
WHEREAS, DEC is responsible under the SWPCRF Act and other provisions of State Law
for establishing a process for listing eligible projects and ranking projects in order of priority
for purposes of providing financial assistance to municipalities from the Fund, and
WHEREAS, the New York State Department of Environmental Conservation ("DEC") is
authorized by the SWPCRF Act to enter into any agreement necessary between the State
of New York and the United States Environmental Protection Agency necessary for the receipt
by the Fund of federal capitalization grants under the Water Quality Act, and
WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the
New York State Environmental Facilities Corporation Act, as amended, being Chapter 744
of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities
Law and Chapter 43-A of the Consolidated Laws of the State of New York and constitutes
a public benefit corporation under the laws of the State of New York, being a body corporate
and politic with full and lawful power and authority to provide Financial Assistance from
the Fund at the direction of DEC, and
WHEREAS, DEC has the responsibility, together with the Corporation, to administer the
Fund and to provide financial assistance form the Fund to municipalities for the construction
or refinancing of eligible projects, as provided in the SWPCRF Act,
NOW, THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY:
1. That the filing of application in the form required by DEC in conformity with the
SWPCRF Act was previously and is hereby further authorized including all
understandings and assurances contained is said application;
2. That Stephen Borgos, Town Supervisor for the Town of Queensbury, is directed
authorized as the official representative of the applicant to sign an application
for SWPCRF Assistance, to sign a Project Financing Agreement, a Loan Agreement
and any other documents necessary to receive financial assistance from the Fund
for the project described herein, to act in connection with the project and to provide
such additional information as may be required and to make such agreements on
behalf of the Applicant as may be required;
3. That two (2) certified copies of this resolution be prepared and sent to the New
York State Department of Environmental Conservation, Albany, New York, together
with two (2) signed copies of the Application for SWPCRF Assistance.
4. That this resolution take effect immediately.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None a
Absent: None
RESOLUTION TERMINATING AGREEMENT CONCERNING WATER TREATMENT PLANT
EXPANSION
RESOLUTION NO. 394, 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, by letter form agreement dated
January
22, 1989, previously reached an agreement concerning design phase services for the Town
of Queensbury Water Treatment Plant Expansion, and
WHEREAS, the Town Board of the Town of Queensbury desires to reconsider their previous
decision to develop the Water Treatment Plant and explore new and different options for
Plant expansion and otherwise analyze and ascertain its total needs before committing itself
to any given expansion, and
WHEREAS, both parties, the Town Board of the Town of Queensbury, and Kestner Engineers,
P.C., have agreed to terminate the aforesaid agreement by way of letter-form agreement
dated June 18, 1990 and a copy of the same being presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves the aforesaid
termination agreement dated June 18, 1990, and hereby further authorizes the Town Supervisor
to execute the same on behalf of the Town Board of the Town of Queensbury and distribute
copies of the same to all parties concerned and arrange for the filing of said agreement with
the Town Clerk of the Town of Queensbury.
Duly adopted this 9th day of July, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT:None
RESOLUTION SETTING PUBLIC HEARING ON THE REPEAL OF ORDINANCE NO. 17
CONCERNING REGULATING OF PARKING ON A PORTION OF AVIATION ROAD
RESOLUTION NO. 395, 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, at a regularly scheduled Town Board
Meeting on June 18, 1990, adopted a resolution enacting Local Law No. 8, 1990, on a portion
of Aviation Road, and
WHEREAS, members of the previous Town Boards of the Town of Queensbury adopted and
enacted Ordinance No. 17 regulating parking on Aviation Road, and
WHEREAS, the presently duly constituted Queensbury Town Board recognizes that the most
recently enacted Local Law now completely regulates parking on the aforesaid road and the
Ordinance No. 17 is no longer necessary, and
WHEREAS, the Town Board of the Town of Queensbury desires to repeal the aforesaid
Ordinance,
NOW, THEREFORE, BE IT
RESOLVED, that pursuant to Section 130 of the Town Law of the State of New York, a public
hearing on the repeal of Town Ordinance No. 17 concerning regulating parking on Aviation
Road, be held on the 23rd day of July, 1990, at 6:30 p.m., at the Queensbury Activities Center,
531 Bay Road, Queensbury, Warren County, New York, at which time all parties and citizens
interested in the subject matter of the said public hearing shall be heard, and
BE IT FURTHER,
RESOLVED, that notice of the time and place of such hearing describing in general terms
the Ordinance to be repealed be published in the official newspaper of the Town of Queensbury,
at least once, 10 days prior to the time of the date specified for the hearing, and the same
be posted on the sign board maintained by the Town Clerk in accordance with Town Law.
Duly adopted this 9th day of July, 1990, by the following vote:
AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT:None
RESOLUTION TO ACCEPT BID FOR VALVE BO XES, DUCTILE IRON PIPE, FIRE HYDRANTS,
CAST/DUCTILE IRON FITTINGS, RESILIENT WEDGE GATE VALVES
raw-
b A
RESOLUTION NO. 396, 199U,Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York, duly advertised for valve boxes, pursuant to Town of Queensbury Water Department
Specification #90-7, and
WHEREAS, the firm of Vellano Bros. Inc., has submitted the lowest bid for the valve boxes,
a copy of their bid being presented to this meeting, and
WHEREAS, Thomas K. Flaherty, Water Department Superintendent has recommended that
the bid be awarded to the aforesaid bidder, {
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
hereby awards the bid for valve boxes, Water Department Specification #90-7, to Vellano
Bros. Inc., and that said valve boxes be paid for from Account No. : W1 275 9951 900 .
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York, Duly advertised for ductile iron pipe, pursuant to Town of Queensbury Water Department
Specifications #90-8, and
WHEREAS, the firm of Atlantic States Cast Iron Pipe Co., has submitted the lowest bid for
the ductile iron pipe, a copy of their bid being presented to this meeting, and
WHEREAS, Thomas K. Flaherty, Water Department Superintendent, has recommended that
the bid be awarded to the aforesaid bidder,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
hereby awards the bid for ductile iron pipe, Water Department Specification #90-8, to Atlantic
States Cast Iron Pipe Co., and that said ductile iron pipe be paid for from Account
No.: Wl 275 9951 900
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York, duly advertised for fire hydrants, pursuant to Town of Queensbury Water Department
Specification #90-6, and
WHEREAS, the firm of Vellano Bros. Inc., has submitted the lowest bid for the fire hydrants,
a copy of their bid being presented to this meeting, and
WHEREAS, Thomas K. Flaherty, Water Department Superintendent, has recommended that
the bid be awarded to the aforesaid bidder,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
hereby awards the bid for fire hydrants, Water Department Specification #90-6, ,to Vellano
Bros. Inc., and that said fire hydrants be paid fro from Account No. : W1 275 9951 900 .
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York, duly advertised for cast/ductile iron fittings, pursuant to Town of Queensbury Water
Department Specification #90-9, and
WHEREAS, the firm of RAMSCO has submitted the lowest bid for the cast/ductile iron fittings,
a copy of their bid being presented to this meeting, and
WHEREAS, Thomas K. Flaherty, Water Department Superintendent, has recommended that
the bid be awarded to the aforesaid bidder,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
hereby awards the bid for cast/ductile iron fittings, Water Department Specification #90-9,
to RAMSCO, and that said cast/ductile iron fittings be paid for from Account No.
W1 275 9951 900 .
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York, duly advertised for resilient wedge gate valves, pursuant to Town of Queensbury Water
U9
Department Specification #90-10, and
WHEREAS, the firm of Vellano Bros.. Inc., has submitted the lowest bid for the resilient wedge
gate valves, a copy of their bid being presented to this meeting, and
WHEREAS, Thomas K. Flaherty, Water Department Superintendent, has recommended that
the bid be awarded to the aforesaid bidder,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
hereby awards the bid for resilient wedge gate valves, Water Department Specification
#90-10, to Vellano Bros. Inc., and that said resilient wedge gate valves be paid for from Account
No. : W16275 9951 900 .
Duly adopted this 9th day of July, 1990, 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. 397, 1990, Introduced by Betty Monahan who moved for its adoption, seconded
by Ronald Montesi.
WHEREAS, certain departments have requested transfers of funds, 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:
DEPARTMENT OF WASTEWATER
FROM TO AMOUNT
533858130440 S33858130430 $600.00
(Reservoir Park (Reservoir Park
Contractual) Utilities)
S63858130440 S63858130200 $500.00
(Hiland Park (Hiland Park
Contractual) Equipment)
BUILDING DEPARTMENT
FROM TO AMOUNT
A2158010405 A1753410405 $100.00
(Building do Codes (Fire Marshal's
Books & Publications) Books do Publications)
HIGHWAY DEPARTMENT
FROM TO AMOUNT
D 165-9785.600 D 165-5130-204 $13,500.00
(Installment Equipment) (Heavy Equipment)
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO TRANSFER FUNDS
r
RESOLUTION NO. 398, 1990, Introduced by Ronald Montesi who moved for its adoption,
seconded by Betty Monahan.
WHEREAS, certain departments have requested transfers of funds, 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: -
TOWN CLERK'S OFFICE
FROM TO AMOUNT
A 2258020201 A 1451620200 $3,395.00
(Office Equipment) (General Equipment)
A 1351450.440 A 1451620200 $1,590.00
(Misc. Contractual) (General Equipment)
Duly adopted this 9th day of July, 1990, by the following vote
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION APPROVING do RATIFYING SUPERVISOR'S SIGNATURE
RESOLUTION NO. 399, 1990, Introduced by Ronald Montesi who moved for its adoption,
seconded by Betty Monahan.
WHEREAS, the Town Board of the Town of Queensbury desires to ratify and approve a contract
for the display of fireworks at the West Glens Falls Fireman's Field in observance of the Fourth
of July, previously entered into by the Town Supervisor, a copy of the same being presented
at this meeting,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and ratifies
the Supervisor's signature.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF PROPOSED LEASE
AGREEMENT
RESOLUTION NO. 400, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by George Kurosaka.
WHEREAS, in connection with operation of the summer Parks and Recreation program by _
the Town of Queensbury, Harold Hansen, Director of Parks and Recreation, has recommended j
to the Town Board that recreation activities be provided in various areas of the Town, and
WHEREAS, the Town of Queensbury is presently,not the owner of lands in these various areas
of the Town that would be suitable for recreation activities to be conducted by the Town
of Queensbury Parks and Recreation Department thereon, and
WHEREAS, Harold Hansen has made tentative arrangements, subject to the approval of the
Town Board, with the owners of certain lands in North Queensbury, West Glens Falls, and
Glen Lake respectively to lease said lands for use in connection with the Town's summer Parks
and Recreation program, and
WHEREAS, 'Harold Hansen recommended to the Town Board that the Town of Queensbury
lease said lands for recreation purposes for the period from June 25 to August 17, 1990, and
WHEREAS, Harold Hansen has informed the Town Board that he has inspected these three
parcels of land and has found each to be suitable and appropriate for recreational purposes,
and
WHEREAS, it would serve a legitimate Town purpose to provide summer Parks and Recreational
programs in North Queensbury, West Glens Falls and Glen Lake, and
WHEREAS, the terms and conditions set forth in each of the proposed leases appear to be
reasonable,
NOW, THEREFORE BE IT
RESOLVED, that the Town of Queensbury enter into written lease agreements with the
respective owners of the aforesaid three parcels of land for a period from June 25, 1990 to
August 17, 1990 under terms and conditions of the proposed lease agreement annexed hereto,
and
BE IT FURTHER
RESOLVED, that Stephen Borgos, Supervisor, be authorized and empowered to execute said
leases on behalf of the Town of Queensbury.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION AUTHORIZING RE-ADVERTISEMENT OF BIDS FOR COLLECTION AND
DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE
RESOLUTION NO. 401, 1990, Introduced by Betty Monahan who moved for its adoption,
seconded by Marilyn Potenza.
WHEREAS, the Town Board of the Town of Queensbury remains 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 Household Hazardous
Waste Collection Day, to be sponsored by the Town and held during the first week of November,
1990, which collection and disposal shall be conducted in accordance with Department of
Environmental Conservation guidelines and proposal documents previously submitted to the
Board, and
WHEREAS, pursuant to Section 103 of the General Municipal Law, Resolution No. 253 was
adopted on April .23, 1990, authorizing advertisement of bids for said collection and disposal
of household hazardous waste, and
WHEREAS, no bids were received, and
WHEREAS, a list of household hazardous waste contractors has been presented to this meeting,
and
WHEREAS, the Town Board is desirous of re-advertising for bids, including the direct mailing
of bidding documents to the contractors of said list,
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, August 17, 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 and re-advertise for
new bids as provided by the laws of the State of New York, and
BE IT FURTHER
yOKO-
RESOLVED, that Miss Darleen M. Dougher, Town Clerk of the Town of Queensbury, is hereby
authorized to send out bidding documents to those contractors on the list presented to this
meeting, and
BE IT FURTHER
RESOLVED, that the said Town Clerk is also hereby authorized to open all bids received at
the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m., August 17, 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 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO RESET PUBLIC HEARING AND TO NOTIFY ALL INVOLVED AGENCIES
REGARDING CHANGES TO PROPOSED AMENDMENT TO ZONING ORDINANCE ARTICLE
8 TO BE DESIGNATED AS SECTION 8.030 (GENERAL EXEMPTION FROM ALL ZONING
ORDINANCE AND SUBDIVISION REGULATIONS FOR PROPERTY CONSTITUTING LESS
THAN ONE HUNDRED (100) ACRES TO BE PURCHASED BY THE TOWN OF QUEENSBURY)
RESOLUTION NO. 4021, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment,
supplement, change and/or modification to the Town of Queensbury Zoning Ordinance which
was adopted on October 1, 1988, and more specifically considering a revision of Article 8,
by adding Section 8.030 shown as follows:
Section 8.030 GENERAL EXEMPTION FROM ALL ZONING ORDINANCE AND
SUBDIVISION REGULATIONS FOR PROPERTY CONSTITUTING LESS THAN
ONE HUNDRED 100 ACRES TO BE PURCHASED BY THE TOWN OF
QUEENSBURY.
Notwithstanding all other provisions of this Ordinance, all propert;
constituting less than one hundred (100) acres for which the Town of
Queensbury is under a valid, executed contract to purchase shall be exempt
from all provisions of this Ordinance, including Subdivision Regulations.
Such exemption shall expire if said contract is terminated prior to closing
of title.
This exemption shall not apply to those transactions which result in Seller's
remaining adjacent property being in violation of the relevant area and/or
setback requirements of Section 4.020 of this Ordinance.
WHEREAS, the Town Board of the Town of Queensbury may, from time to time, pursuant
to Section 265 of the Town Law of the State of New York, amend, supplement, change, modify
or repeal the Zoning Ordinance by Ordinance, and
WHEREAS, a public hearing was previously held on May 21, 1990, and no action was taken
by the Town Board, and
WHEREAS, pursuant to Section 807(1) of the Adirondack Park Agency Act, the above revision
was submitted to the Adirondack Park Agency for its review, and
WHEREAS, the Adirondack Park Agency recommended addition of the following language:
This section shall not apply to any land division which constitutes a Class A or B region6
project under the Adirondack Park Agency Act or any action which requires a permi
under the Freshwater Wetlands Act or the Wild, Scenic or Recreational Rivers Syster.
Act. In addition, all land uses and development which are related to the jurisdictional
subdivision or which are independently Class A or B regional projects shall require a
permit from the Adirondack Park Agency or the Town, respectively. In every case,
the shoreline restrictions of this ordinance shall apply,
and
WHEREAS, in order to so amend, supplement, change, modify or repeal the Ordinance, it
is necessary to hold another public hearing prior to adopting the aforementioned addition
to said proposed amendment, ps requested by the Adirondack Park Agency, and
WHEREAS, it would appear necessary to comply with the State Environmental Quality Review
Act in connection with conducting an environmental review of the addition to the proposed
amendment, and
WHEREAS, the Town Board of the Town of Queensbury has previously been designated lead
agency in connection with the review of the proposed amendment, pursuant to the State
Environmental Quality Review Act, and pursuant to Resolution No. 278, adopted on May 7,
1990, by said Board,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury shall hold another public hearing,
at which time all parties in interest and citizens shall have an opportunity to be heard, upon
and in reference to the addition to the proposed amendment, supplement, change and/or
modification to the Town of Queensbury Zoning Ordinance which was adopted on October
1, 1988, and
BE IT FURTHER
RESOLVED, that said public hearing shall be held on July 23, 1990, at 6:30 p.m., in the
Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER
RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed
to given 10 days notice of said public hearing by publishing a notice in a form to be approved
by the Town Attorney for purposes of publication in an official newspaper of the Town and
by posting on the Town bulletin Board outside the Clerk's Office said notice, and
BE IT FURTHER
RESOLVED, that the Planning Department of the Town of Queensbury is hereby authorized
and directed to give written notice of the addition to the proposed amendment to the Zoning
Ordinance of the Town of Queensbury, and a copy of this resolution in accordance with the
written notice previously described to be in a form approved by the Town Attorney, to be
delivered 10 days prior to the following: Warren County, by service upon the Clerk of the
Board of Supervisors, and such other communities or agencies that it is necessary to give
written notice to pursuant to Section 264 of the Town Law of the State of New York, the
zoning regulations of the Town of Queensbury and the Laws of the State of New York, and
BE IT FURTHER
RESOLVED, that the Planning Department of the Town of Queensbury is hereby authorized
and directed to give notice of said addition to the proposed amendment to the Zoning
Ordinance, a copy. of this resolution and refer said documents and said copy to the Warren
County Planning Agency and the Town of Queensbury Planning Board for their review in
accordance with laws of the State of New York and Zoning Ordinance of the Town of
Queensbury, and that copies of the Ordinance, this resolution and copies of the notices be
given to said agencies unless said agencies already have copies of the same, and
BE IT FURTHER
RESOLVED, that the Planning Department of the Town of Queensbury is also hereby directed
to give a copy of the addition to the proposed amendment, and a copy of this resolution to
the Adirondack Park Agency in accordance with the laws, rules and regulations of the State
of New York and the Adirondack Park Agency.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
I
j Noes: None
Absent: None
COMMUNICATIONS
SUPERVISOR BORGOS-Noted a letter from Rodney Mosher, Pine View Cemetery Department
requesting the temporary appointment of his son, Michael to a Laborer B position, while another
individual is out on disability. (Supervisor read letter) Under our Code of Ethics, any time
someone related to a member of the Town Board, any other Elected Officials of the Town
or a Department Head, has applied for work for the Town, must be announced publically and
the Town Board must take a public vote.
RESOLUTION OF DISCLOSURE
RESOLUTION NO. 403, 1990, Introduced by Ronald Montesi who moved for its adoption,
seconded by Marilyn Potenza.
RESOLVED, that pursuant to the Town Board Code of Ethics that the Town Board of
Queensbury hereby acknowledges the public disclosure by Rodney Mosher, Pine View Cemetery
Superintendent, of this relationship with Michael D. Mosher who at this time is being considered
for employment by the Cemetery Department 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 son and has duly considered the same and consents to the
hiring of this Superintendent's son.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
BID OPENING - RECREATION - CONTRACT #1, TENNIS do BASKETBALL COURTS
Hour Electric Co., Inc.
30 East Street, P.O. Box 325
Fort Edward, NY 12828 $65,419.00
Stilsing Electric, Inc.
555 South Street, P.O. Box 27
Rensselaer, NY 12144 $73,837.00
Perimeter Security Systems, Ltd.
66A Watervliet Avenue
Albany, NY 12206 $77,864.00
Henzel Electric Co., Inc.
35 Pleasant Street, P.O. Box 4126
Albany, NY 12204 $86,225.00
LTR from Rist Frost Associates - Recommending the Bid of Hour Electric Co., Inc., for
$65,419.00 (letter on file)
RESOLUTION RETAINING THE SERVICES OF HOUR ELECTRIC CO., INC.
RESOLUTION NO. 404, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New
York; duly advertised for bids for Contract NO. 1, Tennis and Basketball Court Lighting,
pursuant to Town of Queensbury Recreational Specifications, and
WHEREAS, four bids were received and opened at the designated time, and
WHEREAS, the firm Hour Electric Co., Inc. submitted the lowest
bid of $65,419.00, and
WHEREAS, Rist-Frost Associates, the authorized engineering firm reviewed said bids an
recommends to the Town Board that the low bidder be excepted,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York,
hereby awards the bid for Contract No. 1, Tennis and Basketball Court Lighting to Hour Electric
Co., Inc. and that said contract work be paid from the H54 Capital Project Fund Account.
W9
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
SUPERVISOR BORGOS spoke to the Board regarding flood proofing. Noted that over a year
ago the Federal Energy Regulatory Commission directed .Niagara Mohawk Corporation to
flood proof a corridor along the Hudson River in the event of the 10,000 year flood. Niagara
Mohawk has to make some changes, one of the changes being the flood proofing of the water
intake structure at the water treatment plant. There have been several meetings with Niagara
Mohawk and Rist-Frost to look at different options, with Niagara Mohawk agreeing to pay
for this. Rist-Frost by their letter of March 22nd, gave us a proposal with the estimated
project total of 89,000 dollars with their amount to be an estimate, a total cost of 35,900
dollars, including engineering, legal and administrative. Niagara Mohawk, has issued us a
letter which would have to be formalized by our Town Attorney, stating they will reimburse
fully the entire cost. There is no choice at this point, it has to be done. I would ask for
a resolution approving and accepting this proposal with the understanding that Niagara Mohawk
will reimburse the Town fully and subject to an agreement in a form approved by the Town
Engineer and Niagara Mohawk.
ATTORNEY DUSEK-Did you mean to say the Town Engineer or the Town Attorney?
SUPERVISOR BORGOS-We have to have an agreement with Niagara Mohawk to reimburse
the Town, we need an agreement between the Town and the engineer, we need a further
agreement that the Town can extend some equitable projects funds from the Water Department
budget temporarily to get us through this, the money from Niagara Mohawk will go back into
the Capital Projects Account. To be approved by the Town Attorney.
ATTORNEY DUSEK would like to add that the Supervisor would be authorized to sign once
its been drafted.
RESOLUTION TO ACCEPT RLST FROST PROPOSAL IN REGARD TO FLOOD PLAN
RESOLUTION NO. 405, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
i
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and accepts
the proposal dated March 22nd, 1990 by Rist Frost Associates regarding a proposal on flood
proof corridor and be it further
RESOLVED, that Niagara Mohawk Power Corp. will reimburse the Town of Queensbury fully
for this and be it further
RESOLVED, that the following agreements will have to be obtained, from the Town of
Queensbury and Rist Frost for this proposal dated March 22, 1990 and further agreements
that the town can extend some capital projects funds from the Water Department budget
temporarily to get us through this and the money from Niagara Mohawk to go back into the
Capital Projects Account, all agreements to be approved by the Town Attorney.
Duly adopted this 9th day of July, 1990 by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION APPROVING AUDIT OF BILLS
RESOLUTION NO. 406, 1990, Introduced by Marilyn Potenza who moved for its adoption,
seconded by Ronald Montesi.
RESOLVED, that the Audit of Bills appearing on Abstract July 9th, 1990, numbering from
90-2957 thru 90-3290 and totaling $283,289.65 be and hereby is approved.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
r
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Noes: None
Absent: None
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 407, 1990, Introduced by George Kurosaka who moved for its adoption,
seconded by Ronald Montesi.
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive
Session to discuss Personnel Matters and Professional Services.
Duly adopted this 9th day of July, 1990, by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
No further action was taken.
On motion, the meeting was adjourned.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
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