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1990-12-06 SP �, s-8 SPECIAL TOWN BOARD MEETING DECEMBER 6, 1990 5 :09 p.m. TOWN BOARD MEMBERS Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Supervisor Borgos-Opened the meeting. . . RESOLUTIONS RESOLUTION TO CORRECT NAME OF AZURE DRIVE RESOLUTION NO. 694, 1990, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS, Resolution #186, was adopted on August 9, 1977 for purposes of accepting dedication of a highway by the name of Azure Drive, and WHEREAS, said Resolution referred to Azure incorrectly as Asure Drive, and WHEREAS, the Town Board of the Town of Queensbury desires to amend and correct said resolution, NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby -- amends the aforesaid Resolution #186 to provide that the highway setforth therein as Asure Drive shall now and hereafter be referred to as Azure Drive, and BE IT FURTHER RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized to transmit notice of this correction to the Town Clerk of the Town of Queensbury and the Town Highway Department and, as may be necessary, the County of Warren and the State of New York, so that all records are corrected reflect the currently used and correct name of the aforesaid street. Duly adopted this 6th day of December, 1990, by the following vote: Ayes : Mrs . Potenza, Mrs . Monahan, Borgos Noes : None Absent: Mr. Kurosaka, Mr. Montesi BOND RESOLUTION DATED DECEMBER 6, 1990 — AUTHORIZING THE ISSUANCE OF �$8, 000 IN SERIAL BONDS IN THE TOWN OF QUEENSBURY TO FINANCE AN INCREASE IN APPROVEMENT OF FACILITIES FOR THE PERSHING-ASHLEY-COOLIDGE SEWER DISTRICT RESOLUTION NO. 695, 1990 INTRODUCED BY: Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has heretofore created the Pershing-Ashley-Coolidge Sewer District, hereinafter called the "District, " and ' sa � nw.r. +k _ r .J S , ±hA oar- his �, r improvements in such District consisting of the construction and installation of a sewer line and new manhole, hereinafter called the "Project, " and WHEREAS, the maximum amount proposed to be expended for the improvements in said District was the amount of Twelve Thousand ($12, 000) Dollars, and WHEREAS, pursuant to the provisions of the Town Law of the State of New York, the Town Board of the Town of Queensbury has authorized the project and is now desirous of financing the same to the extent of authorizing the issuance of $8, 000.00 in Serial Bonds as the project been completed for less than the authorized amount of $12, 000. 00, and WHEREAS, the action for which this funding is proposed has been reviewed by the Town Board pursuant to the mandates of the New York State Environmental Quality Review Act and the Town Board has previously determined that the construction project referred to herein was an unlisted action and duly adopted a determination of non-significance of the proposed improvement and determines that this action about to be undertaken by the Town Board is administrative in nature and/or a Type II Action and/or governed by the previous SEQRA review performed prior to the Town Board' s authorization of the project and that further proceedings under SEQRA are not now necessary, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury as follows : SECTION 1 . The specific object or purpose to be financed pursuant to this resolution is the installation and construction of an addition to a sewer system consisting of the construction and installation of an extension of the sewer line on Coolidge Avenue by approximately 200 feet, and the construction of a new manhole at the up-street end of the extension, such cost including all engineering fees, labor cost and material cost, and the project occuring in the Pershing-Ashley-Coolidge Sewer District in the Town of Queensbury, New York. SECTION 2 . The cost of such specific object or purpose is $8, 000 and the plan for financing thereof is the issuance of $8, 000.00 in 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 4 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 (5) years . It is hereby determined that pursuant to Section 35.00 (b) of the ` Local Finance Law that this bond resolution is not subject to permissive referendum. It is hereby determined that pursuant to Section 107d. 3 . (1) of the Local Finance Law, that a five (5%) percent down payment is not required for this project. SECTION 4. The faith and credit of the Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of the and interest on such bonds as the same respectively become due and payable. SECTION 5 . Subject to the provisions of the Local Finance Law, the power to authorized the issuance of and to sell bond anticipation notes in anticipation for the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, Chief Fiscal Office . Such notes shall be of such terms, form and content, 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 such bonds or notes 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 purpose for which the Town of Queensbury is not authorized to spend money, or 2) the provisions of law which should be complied with at the date of the publication of such resolution or summary thereof, or certificate, as the case maybe, are not substantially complied with and 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 . The resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury together with a notice of the Town Clerk substantially in the form provided in Section 81 .00 of the Local Finance Law. SECTION 8 . This resolution is not subject to permissive referendum. Duly adopted this 6th day of December, 1990 by the following vote: Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent: Mr. Kurosaka, Mr. Montesi RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF PROPOSED BAY ROAD WATER DISTRICT EXTENSION NO. 1 RESOLUTION NO. 696, 1990 Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is presently considering the approval and authorization of an extension to the Queensbury Consolidated Water District, such extension to be known as the Queensbury Consolidated Water District - Bay Road Water District Extension No. 1 , and WHEREAS, the Town Board of the Town of Queensbury has previously directed by resolution that notice be sent to all involved agencies indicating that it was necessary to agree on lead agency, and WHEREAS, other involved agencies, the Department of Health, and the Department of Environmental Conservation have indicated that they have no objection to the Town of Queensbury being lead agent, and the Town Board of the Town of Queensbury is thereby duly qualified to act as lead agent with respect to compliance with SEQRA, 1 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes itself as lead agent, and BE IT FURTHER RESOLVED, that after review of the map, plan and report for the proposed Bay Road Water District Extension No. 1 and the I � Environgental Assessment Form prepared in connection with this action for possible environmental impacts and after reviewing, in ' particular, Section 617.11 of the Rules and Regulations of the Department of Environmental Conservation, the Town Board of the Town of Queensbury hereby determines that the environmental effects of the proposed Bay Road Water District Extension No. 1 will not be significant, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the proposed responses inserted in Part I and Part II of the Environmental Assessment Form and adopts the annexed determination of non-significance and hereby authorizes and directs the Town Supervisor to sign, execute, and place the seal of the Town of Queensbury upon the same, if necessary, and on Parts I and III of the Environmental Assessment Form, and BE IT FURTHER, RESOLVED, that copies of this resolution and notice of determination shall be filed with the Town Clerk of the Town of , Queensbury and the negative declaration shall be filed with the following: 1) The Commissioner of Environmental Conservation; 2) The appropriate regional office of the Department of Environmental Conservation; 3) The Town Supervisor of the Town of Queensbury; 4) The New York State Department of Health. Duly adopted this 6th day of December, 1990, by the following vote: Ayes: Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes : None Absent: Mr. Kurosaka, Mr. Montesi RESOLUTION AND ORDER ESTABLISHING QUEENSBURY WATER DISTRICT - BAY ROAD WATER DISTRICT EXTENSION NO. 1 RESOLUTION NO. 697, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area along the westerly side of Bay Road some 650' to 1300' northerly of Blind Rock Road, which area consists of a lot of 20,000 R square feet upon which a home is situated and an approved subdivision tract of 16.9 acres where a high density residential development is planned and which tract is further identified as Cedar Court, and WHEREAS, the map, plan and report has been filed in the Town Clerk' s Office in the Town and is available for public inspection, and WHEREAS, the map, plan and report were prepared by Charles H, Scudder, Consulting Engineer, Box 792, Glens Falls, New York 12801, and engineer licensed by the State of New YOrk, showing the boundaries of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water system, and a report of the proposed water - system and method of operation, and 2�71 C WHEREAS, the map shows the water mains, gate valves, and hydrants, together with the location and a general description of all public works exsiting or required, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water district extension pursuant to Article 12A and consolidate the same with the Queensbury Consolidated Water District, pursuant to Section 206(a) of the Town Law of the State of New York, WHEREAS, the Town Board of the Town of Queensbury held a public hearing on July 9, 1990 concerning the establishment of said water district extension at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the facilities set forth on the aforesaid map, plan and report have been installed but not yet placed into services with the exception of a fire hydrant, and WHEREAS, the said Town Board has considered the establishment of said district extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and NOW, THEREFORE IT IS RESOLVED, that it is the final determination of the Town Board of the Town of Queensbury, that 1) notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2) it is in the public interest to establish, authorize, and approve the Queensbury Consolidated Water District - Bay Road Water Extension No. 1 as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3) all property, property owners, and interested persons within said extension are benefited thereby; 4) all property and — property owners benefited are included in said extension; and 5) pursuant to Section 206.a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter extablished as a charge against the entire area of the district as extended and it is in the Public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER RESOLVED, that: 1 . The Queensbury Consolidated Water District - Bay Road Water District Extension No. 1 be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following: a) The obtaining of necessary permits or approvals from the New York State Department of Health; b) the obtaining of the necessary permits from the New York State Departmentlof Environmental Conservation; c a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; d) the adoption of a final order by the Town Board of the Town of Queensbury. 2 . The boundaries of the extension of the Queensbury Consolidated Water District are as follows: All the certain parcel of land situate in the Town of Queensbury, Warren County, New York, located westerly of the easterly line of Bay Road, in said Town, and which parcel is bounded and described as follows : BEGINNING at a point in the westerly bounds of Bay Road at a distance of 685.5 feet northerly of the centerline of Blind Rock Road, and which point of beginning is the southeast corner of lands of Gerald V. and Delores W. West; running thence from the place of beginning, in a westerly direction for a distance of 200 feet, more or less, to the southwest corner of said lands of West; thence in a northerly direction for a distance of 100 feet, more or less, to the northwest corner of said lands of West; thence in a westerly " direction, along the division line between Lot 39 of the First Division of the Queensbury Patent on the South and Lot 40 of said patent on the North, and along the southerly line of lands of Arthur E. and Gertrude E. Thornton, and the northerly line of lands of Continental Insurance Company, for a distance of 964.4 feet, more or less, to an iron pipe marking 'the southwest corner of said lands of Thornton; thence in a northerly direction, along the westerly line of said lands of Thornton, and the easterly line of lands of Glens Falls Real Estate Company, for a distance of 770 feet, more or less, to the wouthwest corner of lands of Charles R. Barber; thence in an easterly direction, along the southerly line of said lands of Barber, and the southerly line of lands of Harry C. Prutsman, et al . , and along the northerly line of said lands of Thornton, for a distance of 1527 feet, more or less, to the westerly line of Bay Road; thence in a southwesterly direction, along said westerly line, for a distance of 175 feet, more of less; thence easterly, crossing Bay Road to the southwest corner of lands now or formerly of Ellen J. Hillis, thence southerly, along the easterly line of Bay Road, for a distance of 345 feet, more or less, to the easterly extension of the southerly line of said lands of West; thence westerly, crossing Bay Road, to the place of beginning, and containing approximately 18 acres, more or less; 3. The improvements to be included and made a part of the proposed district extension are generally water distribution facilities for the above described parcel , said improvements including water mains gate valves and hydrants and said improvements are more fully set forth in the map, plan and report on file with the Town Clerk of the Town of Queensbury; 4.. All proposed new water mains and appurtenances have been installed by the subdivision developer and shall be turned over to the Town of Queensbury without charge when and if the proposed water district extension is approved; 5 . It is reported that all proposed water mains and appurtenances are installed in full accordance with the Town R of Queensbury specifications: 6. The maximum amount proposed to be expended for the said improvement will not be or is not greater than $65,000.00, said, amount paid or to be paid by the developer and at no cost to the Town of Queensbury, the Queensbury Consolidated Water District, or the proposed district extension; 1 7 . The method of apportioning the costs is such that the developer of area where the water district will be situated will pay the costs of installing the watermains and appurtenances necessary to be installed in the district, and the developer will pay all engineering costs associated with the engineering of the map, plan and report; 8.. There will be no financing of the establishment of the water iiprovements and district by the Town of Queensbury or the Queensbury Consolidated Water District. The developer will contribute towards existing facilities and parcels in the proposed district and will contribute toward existing debt of the consolidated water district as herein set forth; 9. Expenses occasioned after the creation of the said district shall be assessed, levied, and collected from the several lots and parcels of land within said district on an ad valorem basis for retirement of debt and operation. and maintenance of the entire district as consolidated. 10. The map, plan and report describing the improvememts are on file in the Town Clerk' s Office, for public inspection, —' and BE IT FURTHER RESOLVED that this resolution is subject to a permissive referendum in accordance with the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, and publish such notice of this Resolution as may be required by law. Duly adopted this 6th day of December, 1990, by the following vote: Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes: None Absent: Mr. Kuposaka, Mr. Montesi RESOLUTION AUTHORIZING WATER DISTRICT AGREEMENT REGARDING BAY ROAD WATER DISTRICT EXTENSION AND QUEENSBURY CONSOLIDATED WATER DISTRICT DOMESTIC WATER SERVICE AGREEMENT RESOLUTION NO. 698, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has taken steps to approve and authorize an extension to the Queensbury Consolidated Water District, such extension to be known as the Queensbury Consolidated Water District - Bay Road Water District Extension No. 1, and WHEREAS, two agreements have been presented to this meeting entitled, Water District Agreement and Queensbury Consolidated Water District Domestic Water Service Agreement, which agreements respectively set forth the costs of the Water District Extension to be borne by the developer and provide for limited water service, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to sign and execute the aforesaid Agreement on behalf of the Town of Queensbury and the Queensbury Consolidated Water District. Duly adopted this 6th day of December, 1990, by the following vote: Ayes : Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes : tNone Absent: 1- r. Kurosaka, Mr. Montesi (Councilman Kurosaka enter meeting) +e� RESOLUTION APPROVING NOTICE OF FURTHER PUBLIC HEARING REGARDING ESTABLISHMENT OF A NEW, "ENCLOSED SHOPPING CENTER" ZONE RESOLUTION NO. 699, 1990, Introduced by: Mrs. Betty Monahan who moved for its adoption, seconded by: Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury, on December 3, 1990, adopted a resolution, which resolution set a date for a public hearing concerning certain proposed amendments to the Zoning Ordinance, generally relating to the establishment of a new, enclosed shopping center zone, supplemental parking regulations, additional definitions, and the proposed rezoning of certain property in the Town of Queensbury 'to the said "Enclosed Shopping Center" zone, and WHEREAS, as part of the aforesaid resolution, it was contemplated that a notice of public hearing would be drafted by the Town Attorney and sent to the Town of Queensbury official newspaper for publication as required by law, and WHEREAS, the Town Attorney has advised that certain changes were necessary to adequately identify those properties which are currently being considered for purposes of rezoning to .the new, proposed "Enclosed Shopping Center" zone, and WHEREAS, a copy of the proposed notice for the public hearing is presented at this meeting for review and approval by the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that. the Town Board of the Town of Queensbury hereby approves the notice of further public hearing presented herewith, and authorizes publication of the same in the official newspaper for the Town, and further amends its previous resolution adopted December 3, 1990 to reflect the changes contained therein as to the identification of those parcels proposed to be rezoned as a result of the proposed amendments to the Town of Queensbury Zoning Ordinance. Duly adopted this 6th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION AUTHORIZING PAYMENT OF ESTIMATE NO. 10 FOR CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT CONTRACT NO. 5 RESOLUTION NO. 700, 1990, Introduced by: Mrs. Betty Monahan who moved for its adoption, seconded by: Mrs . Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has previously on behalf of the Central Queensbury Quaker Road Sewer District, authorized certain construction performed by Joseph R. Wunderlich, Inc. , and WHEREAS, Joseph R. Wunderlich, Inc . , has submitted an estimate and request for payment together with the necessary voucher to the Town Board of the Town of Queensbury and requested a payment in the amount of $33, 860.49, and WHEREAS, the engineer for the project, Kestner Engineers, P:C. , has recommended that a payment be made to Joseph R. C)o Wunderlic4, Inc. , after deducting the total amount of $6, 849.93, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of a request for payment by Joseph R. Wunderlich, Inc . , for estimate no. 10 on Sewer Contract No. 5 for the Central Queensbury Quaker Road Sewer District, and hereby further authorizes payment of said estimate, requested for payment, and submitted voucher in the amount to $27,010.56, with the amount to be paid for from Account No . : H403858150440, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to take such other and further action as may be necessary to process the request for payment and arrange for the payment of the amount approved by this resolution. Duly adopted this 6th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs . Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION AUTHORIZING $25, 000.00 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE AN INCREASE IN COSTS FOR THE INSTALLATION OF A CONCRETE BOX CULVERT BRIDGE ON CRONIN ROAD RESOLUTION NO. 701, 1990, Introduced by: Mrs. Betty Monahan who moved for its adoption, seconded by: Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury has undertaken to purchase and install a concrete, box culvert bridge, to replace an existing bridge on Cronin Road in the Town of Queensbury, hereinafter called the "Project, " and WHEREAS, the maximum amount proposed to be expended for the said project was $50, 000.00 for purchase of the concrete, box culvert bridge and $75,000.00 for the installation of the same, and other engineering and associated costs, and WHEREAS, it is anticipated that bonds will be issued in the total amount of $125,000.00 based upon two previous resolutions authorizing said bonding for the Project, and WHEREAS, it is necessary to increase the aforesaid maximum amount to be expended in connection with the installation part of the Project to the total amount of $100,000.00, which amount will be used to cover additional costs incurred in connection with the installation process of the concrete, box culvert bridge, including engineering and other costs, which will therefore result in increasing the total amount of $75,000.00 previously authorized for installation to a total amount $100,000.00 or a total amount of $150,000.00 for the entire Project, and 11 — WHEREAS, it is now desired to $uthorize financing for said increased cost, and WHEREAS, the action for which this funding is proposed has been reviewed by the Town Board pursuant to the mandates of the State Environmental Quality Review Act, and the Town Board has determined the action to be a Type II Action for which an Environmental Impact Statement or other determination or proceedings under the rules and regulations are not necessary, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury as follows: 1 . The specific object or purpose to be financed pursuant to this resolution is an increase in cost of the amount to be expended for the installation of a three-sided concrete, box culvert bridge, and other engineering and associated costs; 2 . The maximum estimated cost of such object or purpose is $25, 000.00 and the plan for financing thereof is the issuance of $25,000.00 in serial bonds over and above the amount of $75,000.00 authorized by a previous resolution of the Town Board adopted on December 18, 1989; 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to Subdivision 10, paragraph A, of Section 11 of the Local Finance Law of the State of New York. It is hereby further determined that the maximum maturity of the serial bonds herein authorized shall not exceed five years and that a five-percent down payment is 'not required therefore, pursuant to section 107(d) (4) of the Local Finance Law; 4. The faith and credit of the 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 be&me due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of the interest on such bonds becoming due and payable in such year. Unless paid from revenues derived from the aforesaid specific object or purpose, there shall annually be levied on all the taxable property of said Town of Queensbury a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable; 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 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; 6. This resolution shall be subject to permissive referendum in accordance with the New York State Local Finance Law, Section 35, and Town Law, Article 7, and the Town Clerk of the Town of Queensbury6y is 'hereby authorized and directed to publish and post such notice of this resolution as may be required by law. ` Duly adopted this 6th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs . Monahan, Mr. Borgos Noes : None i Absent: Mr. Montesi RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF PROPOSED EASY STREET WATER DISTRICT EXTENSION RESOLUTION NO. 702, 1990, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is lloa presently considering the approval and authorization of an extension to the Queensbury Consolidated Water District, such extension to be known as the Queensbury Consolidated Water District - Easy Street Water District Extension, and WHEREAS, the Town Board of the Town of Queensbury has previously directed by resolution that notice be sent to all involved agencies indicating that it was necessary to agree on lead agency, and WHEREAS, other involved agencies, the New York State Department of Health and the Department of Environmental j Conservation have indicated that they have no objection to the Town of Queensbury being lead agent, and the Town Board of the Town of Queensbury is thereby duly qualified to act as lead agent with respect to compliance with SEQRA, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes itself as lead agent, and BE IT FURTHER RESOLVED, that after review of the map, plan and report for the proposed Easy Street Water District Extension and the Environmental Assessment Form prepared in connection with this action for possible environmental impacts and after reviewing, in particular, Section 617. 11 of the Rules and Regulations of the New York Department of Environmental Conservation, the Town Board of the Town of Queensbury hereby determines that the environmental effects to the proposed Easy^ Street Water District Extension will not be significant, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the proposed responses inserted in Part II of the Environmental Assessment Form and adoptes the annexed determination of non-significance and hereby authorizes and directs the Town Supervisor to complete, sign, execute, and place the seal of the Town of Queensbury upon the same and on Part I and Part III of the Environmental Assessment Form, and BE IT FURTHER, RESOLVED, that copies of this resolution and notice of determination shall be filed with the Town Clerk of the Town of Queensbury and the negative declaration shall be filed with the following: 1 . The Commissioner of Environmental Conservation; 2 . The appropriate regional office of the New York State Department of Environmental Conservation; 3 . The Town Supervisor of the Town of Queensbury; 4. The New York State Department of Health. Duly adopted this 6th day of December, 1990, by the following vote: 1 Ayes: Mr. Kurosaka, Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi RESOLUTION ESTABLISHING QUEENSBURY WATER DISTRICT FOR EASY STREET WATER DISTRICT EXTENSION Resolution NO. 703, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the Queensbury Consolidated Water District, and WHEREAS, a map, plan and report has been prepared regarding the said extension of the existing Queensbury Consolidated Water District, such extension to serve an area adjacent to, in and around that area of the Town of Queensbury in the vicinity of the intersection of West Mountain Road and Aviation Road, Easy Street, Bennett Road, Eldridge Road and --- Queen Diana Lane, as more specifically set forth in the said map, plan and report, and WHEREAS, the map, plan and report has been filed. in the Town Clerk's Office in the Town and is available for public inspection, and WHEREAS, the map, plan and report was prepared by Raymond H. Irish, P.E. and L.S. , ` Consulting Engineer, RD#1, Box 508, Queensbury, New York 12804, an engineering licensed by the State of New York, and shows the boundaries of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water system, and a report of the proposed water system and method of operation, and WHEREAS, the map shows the water mains, gate valves, and hydrants, together with the location and a general description of all appropriate public works existing or required, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing on July 9, 1990 concerning the establishment of said water district extension at which time all persons interested were afforded an opportunity to be heard, and WHEREAS, the said Town Board has considered the establishment of said district extension in accordance with the provisions of the New York State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that 1 . notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Queensbury Consolidated Water District - Easy Street Water District Extension as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property, property owners, and interested persons `within said extension are benefited thereby; 4. all property and Rroperty owners benefited are included in said extension; and IT IS FURTHER, RESOLVED, that: 1 . . The Queensbury Consolidated Water District - Easy Street Water District Extension be and the same is hereby authorized apfroved and established in accordance with the boundaries and descriptions set forth in the proviously described` map, ' plan and report, and construction of the improvement may proceed and service provided, subject to the following: a. the obtaining of necessary permits from the New York State Department of Health; b. the obtaining of the necessary permits from the New York State Department of Environmental Conservation; C . a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; d. the adoption of the final order by the Town Board of the Town of Queensbury; e. New York State Controller approval . 2. The boundaries of the extension of the Queensbury Consolidated Water District are set forth in Schedule A presented at this meeting and to be annexed to this Resolution in the Minutes of this meeting. 3. The improvements proposed are generally the purchase and installation of water distribution drains, hydrants and gate valves and such other facilities or apparatus as more specifically set forth in the aforesaid map; plan and report . prepared by Mr. Raymond Irish, P.E. and L.S. and the costs shall al ,,go include a proportionate share of the cost of the water treatment plant, mains, and other facilities of the existing Queensbury Consolidated Water District. 4. All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended for the said improvement is estimated to be $140, 000.00. 6. The proposed method of financing will be by Serial Bonds for a period of time not-to-exceed 20 years and Bond Anticipation Notes, and the expenses occasioned by the creation of the said Easy Street Water District Extension shall be assessed, levied and collected from the several lots and parcels of land within the district on an ad valorem basis for retirement of debt and operating and maintenance with an additional charge for metered water usage, as set forth in the engineer's map, plan and report. 7. The map, plan and report describing the improvements are on file in the Town Clerk' s Office, for public inspection, and BE IT FURTHER RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Article 7 and Part 12-A of the Town Law of the State of New York, and the Town Clerk is hereby authorized and directed to file, post and publish such notice \of this Resolution as may be required by law. Duly adopted this 6th day of December, 1990, by the following vote Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None U� Absent: Mr. Montesi RESOLUTION AUTHORIZING SUPERVISOR TO SIGN QUEENSBURY CONSOLIDATED WATER SERVICE AGREEMENT RESOLUTION NO. 704, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Supervisor is hereby authorized to sign a Queensbury Consolidated Water District Municipal Water Service Agreement between the Consolidated Water Dist. and Mr. Victor Lefebvre, Upper Aviation Road, Queensbury. Duly adopted this 6th day of December, 1990 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Montesi Town Attorney Dusek-Noted that this agreement for water service will lapse when the District is created this is only temporary. (Councilman Ronald Montesi entered the meeting) RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN AGREEMENTS WITH NEW YORK TELEPHONE RESOLUTION NO. 705, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to sign agreements with New "— York Telephone Co. , for a telephone system at the Queensbury Water Treatment Plant and the Queensbury Town Office Buildings subject to the approval of the final format by our Town Attorney. Duly adopted this 6th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None DISCUSSION HELD: 1 . First part-Queensbury Water Dept.-installation and equipment for regular telephone service $1, 591 .50-. 2. Second part-Queensbury Water Dept.- paging system throughout the Water Plant $4, 037.00, including equipment and labor-3. Town Office Telephone System-replace phones that are not compatable with the system, six sets, total including installation of $628.00 4. Town Office Telephone System-Installation of system $9,000.00 DISCUSSION HELD-Town Attorney requested that resolution be corrected to read 612.671 as mileage. . . RESOLUTION TO AMEND RESOLUTION NO. 687 OF 1990 RESOLUTION NO. 706, 1990, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that Resolution No. 687 of 1990 be amended as follows: C)cp r 1 . Road Mileage to read 612.67 ' Duly adopted this 6th day of December, 1990 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi , Mrs. Monahan, Mr. Borgos Noes: None Absent: None i (Affidavits, signed by Councilmen and Town Supervisor regarding upcoming bonding. . . ) DISCUSSION HELD-Solid Waste-Supervisor Borgos-As of January 1st. Washington Co. is going to one landfill their rates $22.00 per cubic yards. . . I propose that we go to a sticker system residents of Queensbury and Glens. Falls will have a sticker to allow entrance into the landfill . . .also propose a local law dramatically increasing the fines for people bring in items from out of Town or City, $2,000. a load, a mandatory fine—as part of the tighter security have a daily form signed by the trucker where the material was from. . . it was discussed to raise the fees at the landfill , to match Washington County. . . DISCUSSION HELD-HOVEY POND-Supervisor Borgos-discussed the possibility of bidding on the sale of top soil in the pond, with' the stipulation that the contractor who buys it removes it. . . .noted that the clay in the pond appears to be good enough to be used as a cap at the landfill . . .with the possibility to sell what is left to other communities. . . noted' that DEC will be contacted regarding the Town permit. . . a RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 707, 1990, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss, Litigation, Possible Litigation, Real Property sale. or acquisition, Personnel , Collective Bargining Negotiations and Attorney Client previlidge. Duly adopted this 6th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr'. Borgos Noes: None Absent: None RESOLUTION TO RECONVENE RESOLUTION NO. 708, 1990, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos: RESOLVED, that the Town Board hereby moves back into Regular Session. Duly adopted this 6th day of December, 1990 by the following vote: 'Ayes: Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs. Monahan, iMr. Borgos Noes : None Absent: None On motion the meeting is adjourned. Respectfully Submitted, Miss Darleen M. Dougher Town Clerk-Queensbury w