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