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1988-07-26 98 TOWN BOARD MEETING JULY 26, 1988 7:45 P.M. TOWN BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN TOWN BOARD MEMBERS ABSENT GEORGE KUROSAKA-COUNCILMAN TOWN COUNSEL PAUL DUSEK TOWN OFFICIALS PAUL NAYLOR, QUENTIN KESTNER PRESS: WENU, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS OPEN FORUM BARBARA BENNETT-Thanked the Board for translating the account code numbers in the transfer resolutions. Asked if there could be extra copies of the transfer resolutions be made available for the public to have with the agendas? Asked how a member of the public can ask a question regarding a transfer when the resolution is read during which Open Forum is closed. SUPERVISOR BORGOS-Yes they can be made available at that start of the meeting for the public, and if read then and there are questions, they can be discussed during Open Forum. COUNCILMAN MONTESI-Addressed Town Counsel, Paul Dusek, regarding Round Pond issue. I understand to begin the process the Town Board needs a letter from Guido Passerelli stating that he is not going to sell his property to the Town of Queensbury. Questioned the counsel when we would have to hold the special election. Noted that the Town has been told by the courts that we need to hold a permissive referendum, 60 to 65 days from the date of the decision. I understand that there is a New York State Town Law, that states that you can not run a special election or permissive referendum within 30 days of a general election, feel that we need court appraisals in order to put a value on the property. Asked the Town Attorney to update the issue. COUNSEL DUSEK-Noted that the law indicates, as I have reviewed, that we would have to hold a special election between 60 and 75 days from the date of the Court Order which was July 21st, actually that was the day it was served. If the calculations are correct, the special election would be held sometime between September 20 and October 5, may possibly be a day on either side of that, my suggestion would be somewhere in the middle of that. SUPERVISOR BORGOS-Questioned whether that time frame is mandated or could it be negotiable with the other party? COUNSEL DUSEK-The law provides that the 60-75 days, is from the date of the filing of the petition requesting the election. As you know, there has been some litigation over that petition. Now the question becomes, does it run from the date of the order or when does it run from. The statute is silent in that regard, but everything we have been able to determine including the automatic state, it would have been effective while it was in the appeal process. It would seem to dictate that the time should run from the date of the Judge's decision was served upon the Town. From what we I can tell at this time, I believe that we are pretty much locked into that time frame. SUPERVISOR BORGOS-Noted that it would cost the Town between 3 to 5 thousand dollars extra to run the special election. If it could be postponed a extra few days to run simultaneously with the general election, it could be wise and save the Town some money. COUNCILMAN MONTESI-Agreed that it would be a wiser decision to run them together, 99 but that the Queensbury Association or the people who filed that petition had stressed to me that it is a special election they want, it is a special cause. They did not want it to be part of the general election. I felt that it would have a better response in voters if it was held during the general election, especially this happens to be a Presidential Election. SUPERVISOR BORGOS-If it is negotiable, I would think, with good faith all around it would be wise to try to have them together. But if it is mandated, we have no choice. COUNSEL DUSEK-The court has rendered its decision, at the time it seems that we are mandated to that 60-75 days. I will further research this and if I find anything different I will advise the Board. SUPERVISOR BORGOS-Would you have time by the end of this week or by early next week to have an answer? COUNSEL DUSEK-I agree that this is a pressing matter and I will be focusing my efforts on this throughout the week. COUNCILMAN MONTESI-We know we have to have court appraisals, that is a pressing commitment. What about land survey, what is going to appear on the ballot? COUNSEL DUSEK-Having done some research on this, and I want to continue to do research on this, but initially in review of the law in this regard, it would seem to require or at least it would be legally appropriate, that the proposition that will be subject to the election, will be that which was offered with the petition. At the moment, doing a law interpretation, because nothing says that it should not be done this way, and using sound legal reasoning, I would presume that the election should be that of the proposition submitted with the petition. COUNCILMAN MONTESI-If I remember, that petition said that they wanted us to buy or take by commendation of eminent domain, approximately 50 acres of land. If we are getting an appraised value of the 50 acres, how do I let the community know what the 50 acres is valued at and the impact on them as tax payers? Do we take 50 acres, and what does those acres involve? That is my concern. I want an objective, up front, all questions answered election. COUNSEL DUSEK-At this point, the conservative approach, is to go with the proposition that has been presented with the petition. COUNCILMAN MONTESI-Maybe the press and the media could help us if we were to hold a public meeting or public information meeting prior to this, to at least explain the facts. COUNCILMAN POTENZA-Agreed that a Public Hearing would give everyone in the Town the opportunity to have their say, and indicate to us what 50 acres they want. COUNCILMAN MONAHAN-Concerned that the cost is not only in the acquiring of the land but septic costs, removal of buildings, change in road by the County, should all be considered in the overall cost and be known to the citizens of the Town. SUPERVISOR BORGOS-To my best estimate, a wide range between 3 million and 15 million dollars for that project. COUNCILMAN MONAHAN-Noted that this will also involve obtaining an easement from Niagara Mohawk, stressing how complicated this project will be. COUNSEL DUSEK-Noted to the Board that he is also researching and exploring what the exact procedures that will follow after the Special Election and how these concerns will be addressed at that point in the event they can not be addressed before the election. SUPERVISOR BORGOS-Noted that there is a need for a traffic light at the corner of Bay and Haviland Roads, that Warren County completed a study almost 2 years ago indicating that. Would like to start the procedure as soon as possible. Noted the newspaper article referring to the Board of Assessment Review receiving the blame for lowering the assessment of the Aviation Mall, 3. some million dollars. That is inaccurate, that lowering the reduction to 25 million dollars was the result of an out of court settlement of pending litigation, that involved a number of years and cases related to assessments with Aviation Mall. It also resolved i®o an outstanding piece of litigation related to the sewer district and sewer taxes. The Town Board approved that out of court settlement. The State Police building plans from Northern Homes are available and hopefully we will all be able to review them by the end of this week. They will have to be approved by the Board before we can go to bid. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 304, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board Minutes of June 27th, 28th, 30th, and July 5th, 6th, 8th, 11th, 21st of 1988 be and hereby is approved. -- Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION APPROVING MACHINERY LEASE RESOLUTION NO. 305, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury presently owns a CAT 951C crawler loader and the same is presently used at the Town of Queensbury/City of Glens Falls landfill and WHEREAS, after discussion with Mr. James Coughlin, Landfill Superintendent for the Town of Queensbury/City of Glens Falls landfill, has determined that it is appropriate and necessary to arrange for new and update equipment to perform the function for which the present crawler loader is being used, and WHEREAS, Contractor Sales Company, Inc., has offered to the Town of Queensbury a lease agreement with an option to purchase, wherein certain machinery which is similar to the said crawler loader and identified as a new Fiatallis model FR-15B wheel loader would be leased pursuant to the terms and in accordance with the proposed agreement presented at this meeting, and WHEREAS, if the lease of the new Fiatallis model FR-15B wheel loader is entered into, the crawler loader presently owned by Town of Queensbury would no longer be needed and could be sold, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury finds that it is appropriate and necessary to lease a new Fiatallis model FR-15B wheel loader pursuant to the terms and in accordance with the conditions of the lease agreement presented at this is meeting, and be it further RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized and directed to execute a lease agreement in the form of and containing the provisions of the proposed lease agreement presented at this meeting, and be it further RESOLVED, that the Town of Queensbury sell the presently owned CAT 951C crawler loader by offering the same for sale in "as is condition with no warrantees: through competitive bidding with the sale of the said crawler loader to be to the highest bidder. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RETAIN THE SERVICES OF ROBERT P. STRELL FOR APPRAISAL PURPOSES 101 RESOLUTION NO. 306, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, several small claims and actions have been commenced against the Town of Queensbury in connection with assessments made for the 1988 year and WHEREAS, it will be necessary for the Town Board of the Town of Queensbury to prepare for hearings and litigations in connection with the small claims and actions that have been commenced, and WHEREAS, Mr. Robert P. Strell, President, of Northeastern Appraisal Associates, Inc., has offered to render services in connection with the above-captioned matters, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby retains the services of Robert P. Strell, President, Northeastern Appraisal Associates, Inc., for appraisal purposes and for purposes of giving testimony at the time of hearings in connection with the litigated matters and BE IT FURTHER RESOLVED, that the amount payable to Mr. Strell for such services shall not exceed the amount of $125.00 per claim or action, such fee to include an appraisal of the property which is the subject of the claim or action and Mr. Strell 's presence at any scheduled small claims hearings or court hearing except that in the event that it shall be necessary for Mr. Strell to attend on more than one date for any give claim or action, extra costs for services shall be incurred appropriate with the time expended. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ESTABLISH POSITION RESOLUTION NO. 307, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, a need exists for a position of responsibility to oversee daily activities and functions of the new Queensbury Center, and WHEREAS, a need exists for a position to assist such person in the execution of said duties, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establish the position of Coordinator of the Queensbury Center, and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby establish the position of Assistant Coordinator of the Queensbury Center. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO APPOINT t _ RESOLUTION NO. 308, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the position of Coordinator of the Queensbury Center has been established, and WHEREAS, the position of Assistant Coordinator of the Queensbury Center has been established, NOW, THEREFORE BE IT 102 RESOLVED, to appoint Mrs. Eleanor Oudekerk to the position of Coordinator of the Queensbury Center, and be it further RESOLVED, to appoint Mrs. Barbara Howe to the position of Assistant Coordinator of the Queensbury Center. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION DESIGNATING PUBLIC SERVANTS FOR ISSUANCE OF PARKING VIOLATION PURSUANT TO LOCAL LAW NUMBER 1 OF 1987 OR AMENDED BY LOCAL LAW NUMBER 7 OF 1987 RESOLUTION NO. 309, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury duly enacted a local law authorizing the issuance of parking violation summonses in designated non-parking areas of Aviation Mall, and WHEREAS, the said local law has been amended regarding the person or persons authorized to issue summonses for alleged violation, and WHEREAS, the Municipal Home Rule Law grants Queensbury the right to create public servant positions and define their powers and duties, NOW, THEREFORE BE IT RESOLVED, that the following named persons are hereby designated public servants for purposes of the issuance of parking violations at Aviation Mall: Louis Gagliano, Chuck Rice, Clyde Palmer and be it FURTHER RESOLVED, that the above named persons shall have no authority to act or perform any governmental service other than the issuance of parking violations at Aviation Mall. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REGARDING CONDEMNATION PROCEEDINGS FOR SEWER DISTRICT AND MAURICE YAFFE PROPERTY RESOLUTION NO. 310, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury is presently installing sewer lines in furtherance of the establishment of a sewer district in the Town of Queensbury, and WHEREAS, in furtherance of establishing said sewer district it is necessary for sewer lines to cross certain property owned by Maurice Yaffe and described as follows: Section 62, Block 1, Lot 5, on the Warren County Tax Map for the Town of Queensbury, and WHEREAS, Maurice Yaffe has not executed an easement allowing the Town of Queensbury to construct sewer lines upon the properties owned by Maurice Yaffe, aforedescribed, anc WHEREAS, if Maurice Yaffe does not execute the said easement within the next three (3) days, it is necessary to commence legal proceedings to avoid construction delays, and WHEREAS, the acquisition and use of the said property would be diminimus in nature and after installation of the sewer line the property would be restored to the 103 condition it was in prior to the entry by the Town except, of course, that a sewer line and permanent sewer easement would be in place, NOW, THEREFORE BE IT RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized to commence condemnation proceedings and proceedings for immediate acquisition, at such time that the Town Attorney may deem appropriate, and the Town Supervisor is hereby authorized to execute all documents necessary to commence such court proceedings. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REGARDING CONDEMNATION PROCEEDINGS FOR SEWER DISTRICT AND N. P. S. C. CORPORATION PROPERTY RESOLUTION NO. 3119 Introduced Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury is presently installing sewer lines in futherance of the establishment of a sewer district in the Town of Queensbury, and WHEREAS, in furtherance of establishing said sewer district it is necessary for sewer lines to cross certain property owned by N. P. S. C. Corporation and described as follows: Section 72, Block 7, Lot 4, on the Warren County Tax Map for the Town of Queensbury, and WHEREAS, N. P. S. C. Corporation has not executed an easement allowing the Town of Queensbury to construct sewer lines upon the properties owned by N. P. S. C. Corporation, aforedescribed, and WHEREAS, if N. P. S. C. Corporation does not execute the said easement within the next three (3) days, it is necessary to commence legal proceedings to avoid �- construction delays, and WHEREAS, the acquisition and use of the said property would be diminimus in nature and after installation of the sewer line the property would be restored to the condition it was in prior to the entry by the Town except, of course, that a sewer line and permanent sewer easement would be in place, NOW, THEREFORE BE IT RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized to commence condemnation proceedings and proceedings for immediate acquisition, at such time that the Town Attorney may deem appropriate, and the Town Supervisor is hereby authorized to execute all documents necessary to commence such court proceedings. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REGARDING SCHULZ VS. TOWN OF QUEENSBURY RESOLUTION NO. 312, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, by order dated July 8, 1988, Hon. John G. Dier has directed the Town of Queensbury along with Stephen Borgos, Town Supervisor, Town of Queensbury Highway Superintendent, to set forth in writing a declaration that Robert L. Schulz and Judith A. Schulz may connect a private roadway with Hanneford Road and that any and all individuals, their successors and assigns, who may at any 104 time purchase property within the Ridgewood Development have access to Hanneford Road in an unimpaired manner, NOW, THEREFORE BE IT RESOLVED, that in accordance with the order of the Hon. John G. Dier dated July 8, 1988, the Town Board of the Town of Queensbury hereby states that Robert L. Schulz and Judith A. Schulz may connect a private roadway with Hanneford Road and that any and all individuals, their successors and assigns, who may at any time purchase property within Ridgewood Development may have access to Hanneford Road in an unimpaired manner, and BE IT FURTHER, I RESOLVED, that a certified copy of this resolution shall constitute the written declaration of the Town of Queensbury required by said order of the Hon. John G. Dier. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RETAIN SERVICES OF MIKE CUMMINGS REGARDING COMPUTERIZED ACCOUNTING SYSTEMS RESOLUTION NO. 313, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury has been experiencing problems with its Computerized Accounting System and the Town Board of the Town of Queensbury desires to retain a consultant to assist Margaret Freeburn with problems experienced with the computerized accounting system, and WHEREAS, Mike Cummings has offered consultation services at a rate of $15.00 per hour to assist Margaret Freebern with problems experienced with the computerization of the accounting systems and WHEREAS, Mike Cummings is a Deputy Commissioner of Finance for the County of Saratoga and is intimately familiar with computerized accounting systems, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to retain the services of Mike Cummings to act as consultant to and assist Margaret Freebern with problems presently encountered with the computerization of accounting systems at a rate of $15.00 per hour for services rendered, the cost of such service not to exceed, in any event, the total sum of $3,000.00 Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO RETAIN KESTNER ENGINEERS, P. C. REGARDING EXTENSION OF KATER TRANSMISSION MAIN RESOLUTION NO. 314, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is presently studying and planning for the extension of the Town of Queensbury water transmission main from the area of La Fayette Street, along Quaker Road, to a point east of Albany Systems, and WHEREAS, Kestner Engineers, P. C. has offered to do the final design plans and 105 specifications for the extension of the water transmission main owned by the Town of Queensbury, from a point on La Fayette, running in an easterly direction along Quaker Road to a point east of Albany Systems, to the existing 16" main, for the sum of $106,320.00 and with the condition that such report shall be completed on or before March of 1989, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town of Queensbury, hereby retains Kestner Engineers, P. C. to do final design plans and specifications for the extension of the water transmission main of the Town of Queensbury from a point on La Fayette Street proceeding easterly along Quaker Road to a point east of Albany Systems to an existing 16" water transmission main for the sum of $106,320.00 and upon the condition that such report is completed no later than March of 1989, and be it further RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized and directed to execute an agreement with Kestner Engineers, P. C. relative to the drafting of the aforedescribed final design plans and specifications for the extension of the water transmission main as aforedescribed, such agreement to contain terms and conditions provided for in this resolution and said agreement to contain such substantive provisions and be in a form approved by the Town Attorney for the Town of Queensbury, and be it further RESOLVED, that this resolution is subject to the provisions of Section 209 (b) Town Law and the Town Clerk of the Town of Queensbury is hereby directed to comply with the requirements of said section. DISCUSSION: COUNCILMAN MONTESI-Noted that the Town of Queensbury has a 16" line that comes underneath the Northway and runs to LaFayette Street, then drops to a 12" line until Albany Engineering where it goes back to a 16" line. The 12" line along Quaker Road is suffering from deterioration of the minerals, the minerals are eating away at that line. That is the main feed down Quaker Road, a main feed for Hiland Park, and if Earltown goes through, it will be a main feed for them as well. We have had 3 or 4 breaks in that line. Our plan of action would be to complete a line to have it as a 16" line and leave the 12" line as an emergency line for future. It is an expensive line to run, the possibility of widening that road, crossing Halfway Brook twice, it will be difficult for Kestner Engineers to find an acceptable route. COUNCILMAN POTENZA-Will you be replacing the existing line or laying a new one? QUENTIN KESTNER-The 12" line will remain there and we will lay a parallel line and tie into the existing major points up Bay Road and other roads north as we construct. It is a complicated route because of not only that the County Road is going to be widened, but that we have taken the south side for sewers, so now we have to go north and thread our way through a variety of streams, major foliage, culverts, we have to work this through, and we have to thread our way through state and county right of ways. This piece of a transmission main was always envisioned to be done. We have major developments and substantial growth patterns. This will increase fire flow, water flow. It is the time to consider this line. SUPERVISOR BORGOS-My only concern is the price. QUENTIN KESTNER-We have a fee schedule, it is the basis on which we design, not only sanitary sewers, but all the water lines within the Town for the last 10 or 15 years. We used that fee schedule based on what this project is and this is a 16", what I consider to be a complex design of transmission main. Our schedule shows that what is appropriate, an average compensation for consulting engineering firms, 6% of the anticipated construction cost, which we think is — a 1 million, 1.2 million. In addition to that, I am uncertain to where exactly this line is going to go, so I have put in an additional 4% which represents the cost to generate additional mapping, and to obtain the necessary easements along Quaker Road, which is not going to be easy, based on our past experiences among the commercial establishments of Central Queensbury. SUPERVISOR BORGOS-Why can't we use the new County right of way? 106 QUENTIN KESTNER-Right now it doesn't exist. SUPERVISOR BORGOS-The County is in the process of acquiring extra right of way, I think that it is being done at this moment, the entire distance you will be traveling. This should considerably ease this burden. I agree that the project is needed. Would we seriously set this thing back if we waited until our next meeting so that you can meet with Fred Austin at the County so that you can see exactly what their plans are, which are now on paper. I think it would be wise if we wait two weeks so that you could meet with Mr. Austin. QUENTIN KESTNER-I have no objection to that. We will obviously have to coordinate this effort with him. This contract is written such, if we can follow the County right of way, that that doesn't cost you a penny. COUNCILMAN MONAHAN-Your estimated 1.2 million for the pipe line, does that estimate include your fee or your fee do we figure on top of that? QUENTIN KESTNER-The fee is on top of that, that is a construction cost. COUNCILMAN MONAHAN-How old is that 12" line? QUENTIN KESTNER-It was put in the early 60's. COUNCILMAN MONAHAN-Does anyone have any idea of what the impacts will be on the water tax? QUENTIN KESTNER-That has not been determined. I would believe that should be spread over the entire tax base of the Queensbury consolidated water district. Because this represents a general district improvement, was always anticipated since the late 60's that we would eventually, when demand dictated, when reliability dictated, we would tie in that section from La Fayette and South Queensbury. COUNCILMAN MONAHAN-Asked Supervisor if he could have some figures on the impacts to the water tax? SUPERVISOR BORGOS-If I have a couple of weeks. Would like some time to review because this is such a big commitment. Agreed by the Board members to take more time to review the project, all its impacts, and table the resolution until next board meeting. RESOLUTION TO TABLE RESOLUTION NO. 314 OF 1988 RESOLUTION NO. 315, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby tables Resolution NO. 314 of 1988, entitled 'RESOLUTION TO RETAIN KESTNER ENGINEERS, P. C. REGARDING EXTENSION OF WATER TRANSMISSION MAIN.' Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING ENGINEERING, MAPPING, PLANNING AND REPORT ON PROPOSED GLEN LAKE RATER DISTRICT RESOLUTION NO. 316, 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 the viability of a proposed water district for the Glen Lake Area of Queensbury, _ and WHEREAS, Kestner Engineers, P. C. have offered to engineer, map, plan, and prepare a report for the proposed Glen Lake Water District for an amount of $9,500.00, and to provide such engineering, mapping, plan, and report within 120 days, NOW, THEREFORE BE IT 107 RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retaining of Kestner Engineers, P. C. to engineer, map, plan, and prepare a report for the proposed Glen Lake Water District for an amount of $9,500.00 such engineering, mapping, plan, and report to be furnished within 120 days, and BE IT FURTHER RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized and directed to engage and retain Kestner Engineers, P.C. in accordance with the terms set forth in this resolution and sign an agreement retaining Kestner Engineers, P. C., said agreement containing the terms and conditions set forth in this resolution, and being in such form and containing such substantive provisions as are approved by the Town Attorney of the Town of Queensbury, and be it further RESOLVED, that this resolution is subject to the provisions of Section 209 (b) of the Town Law (pertaining to permissive referendums) and the Town Clerk of the Town of Queensbury is hereby directed to comply with the requirements of said section. ' Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REGARDING CUL DE SAC AT DIXON HEIGHTS RESOLUTION NO. 317, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury has previously established a policy wherein it has been expressed that it is desired that a subdivision in the Town of Queensbury have no more that two (2) road-cuts for ingress and egress from the subdivision, and WHEREAS, the subdivision of Dixon Heights, if developed in accordance with the plans proposed would have three (3) road-cuts, and WHEREAS, the developer has proposed to eliminate one (1) of the road-cuts, namely that one existing in Phase 2 of the development plan by development of a cul de sac, and WHEREAS, the development of said cul de sac would result in developer installing, constructing, and working upon property owned by the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury, is desirous of having the cul de sac established but only if the appropriate agreement may be signed with the develoPer, whereby the Town of Queensbury will have necessary insurance, protection, and be indemnified and held harmless against any liability that it may incur by reason of the developer's construction of a cul de sac on the Town of Queensbury's property, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of a cul de sac being developed in Phase 2 of Dixon Heights Subdivision so long as such cul de sac is constructed under terms whereby the developer will carry the appropriate insurance and indemnify and hold harmless the Town of Queensbury against any liability or claim that may be made as a result of the development of said cul de sac until such time as the road is dedicated to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to execute an agreement on behalf of the Town of Queensbury authorizing the developer to enter upon Town of Queensbury property and construct a cul de sac, so long as said agreement provides for appropriate insurance protection for the Town of Queensbury and provides for an indemnification and hold harmless clause for 108 the benefit of the Town of Queensbury and provided further that such agreement is in a form and contains substantive provisions approved by the Town Attorney for the Town of Queensbury. DISCUSSION HELD: Regarding road cuts to Dixon Heights. Supervisor Borgos, by use of diagram reviewed the project with the Town Board. It was suggested that the Town Board, along with Paul Naylor, and Attorney for Dixon Heights meet in workshop on Tuesday, August 2, at the site to review the project. RESOLUTION TO TABLE RESOLUTION NO. 317 OF 1988 RESOLUTION NO. 318, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby table Resolution No. 317 entitled 'RESOLUTION REGARDING CUL DE SAC AT DIXON HEIGHTS'. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNSEL DUSEK-Presented the Town Board members with a draft sample resolution on road dedications. There are a number of roads that are coming up for dedication within the Town. Some of the roads are at an incomplete state. The developers are requesting that they be allowed to dedicate an incompleted road to the Town subject to its final blacktop surfacing at a future date. They are concerned with the amount of damage that is being done to the roads with the number of trucks that are needed for further construction, so that at the end of the full development of the subdivisions, the roads are in a damage state. What they are proposing is that everything be done but the top coating, let the subdivision go for awhile, so that it is fully developed before the top coat. Noted that this is entirely in discretion of the Town Board. Noted also that the subdivision regulations do provide that the Town Board can except a road subject to being blacktopped at a later date. PAUL NAYLOR-Agreed that it would be a great idea. MR. ROBERT STEWART, Attorney-Would like the Board to consider that the Resolution provide that the Town except an irrevocable letter of credit instead of a certified check. COUNSEL DUSEK-The subdivision regulations say certified check, they don't make any provisions for a letter of credit. If the Board members would like more time we can finalize this resolution for the next Board meeting. Agreed by the Board to review the resolution. COMMUNICATIONS LTR-Department of Transportation regarding Tuthill Road-on file regarding Gurney Lane-on file RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 319, Introduced by Marilyn Potenza who moved for adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury move into Executive Session to discuss Land Acquisition. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka 109 RESOLUTION TO HOVE BACK INTO REGULAR SESSION RESOLUTION NO. 320, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury move back into regular session. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY