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1988-09-28 290 TOWN 1730 A I'U) MITE Y ti'47 SEPTEMBER 28, 1988 7:30 P.M TOWN BOARD MEMBERS Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney-Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka PLEDGE OF ALLEGIANCE BY COUNCILMAN MONAHAN PROCLAMATION WHEREAS, the week of October 10th through October 14th nineteen hundred and eighty-eight has been designated as Nation Fire Prevention Week, and WHEREAS, the office of the Queensbury Fire Marshal is devoted to an active campaign toward fire prevention and fire/life safety, and WHEREAS, the Town of Queensbury supports the dedication and perseverance of Fire Marshal N. W. Bodenweiser in his work to inform and encourage the residents of the town in fire prevention tactics, NOW, THEREFORE BE IT RESOLVED, that I Stephen J. Borgos, Supervisor of the Town of Queensbury, do hereby proclaim the entire month of October as Fire Awareness and Fire/Life Safety Month in the Town of Queensbury. Presented to Fire Marshal Bodenweiser Presentations of Appreciation were made to Mr. Marvin Lemery-Qsby. Recreation Commission Member...Gustave Behr-Member of the Qsby. Zoning Board... RESOLUTION TO ADJOURN TOWN BOARD AND RECONVENE AS QSBY. BOARD OF HEALTH RESOLUTION NO. 401 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and reconvenes as the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaks QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-Notice and Posting Shown and residents within 500 feet of the subject property—) were notified of the public hearing- Sewer Variance for Pierre Dumoulin of Jay Road, Glen Lake Supervisor Borgos-Asked if there was anyone present to speak in favor or opposed to such variance request? Mr. Arnold Dingman-I have a place on Jay Road next door, I would like to know where his septic tank and leach is to go? Questioned if he was within 6" of my line... Town Clerk-Darleen M. Dougher-Presented the following Ltr. David Hatin, Director-re: Pierre Dumoulin Septic Variance 2'91 Per my conversation with Dan Mitchell, there does not seem to be a health problem, but it should be noted on the variance that there is the potential for health problem. He stated that the Department of Health would probably approve a request of this type under the circumstances. Supervisor Borgos-Noted that the drawing that we have shows the system 6' from the nearest property line. Where is your property in relation to this? Mr. Arnold Dingman-Showed the location of his property...on the same side of the Jay Road, toward Glen Lake Road...(Map used to show the exact location) Supervisor Borgos-What this individual has done is to replace an existing system with a better 1 system, not moving the seepage pit but just replacing the septic tank, there are really no alternatives with the configuration of the property. Mr. Arnold Dingman-T have no objections to it as it lays there now. Supervisor Borgos-Asked for further comments? Town Clerk-Darleen Al. Dougher-Read Second Letter from David Hatin This letter is to inform you about the Variance for Pierre Dumoulin on Jay Road., Glen Lake. A Building Permit was issued upon the Dumoulin's being granted a variance to build the correct single family dwelling and to tie into the existing septic system. The problem arose when the Dumoulins went to tie into the existing septic, they found the metal tank in a collapsing state. They therefore went and replaced the tank with a 1000 gal. cement tank. I requested they seek a variance in order to make everything legal because they can not meet set back requirements from the foundation or lot lines, the required set back is 10' from foundation and 10' from the lot line. This is a difficult situation, I feel they have improved the situation but cannot meet the set backs. Quentin Kestner and I have met on the issue and have come to the opinion that because of the variance issued to the Dumoulins there is no other solution-David Hatin, Director Bldg. & Code Enforcement. Councilman Monahan-Has anyone check to see the proximity to neighbors wells? Supervisor Borgos-I understand that was done as part of Mr. Hatin's investigation. Asked for further comments...hearing none the Public Hearing was closed. RESOLUTION APPROVING VARIANCE REQUEST OF PIERRE DUMOULIN -JAY ROAD, GLEN LAKE RESOLUTION NO. 14 Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, Mr. Pierre Dumoulin previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury such provisions being more specifically, those requiring a distance of 10 feet between a septic tank and residence and a distance of 10 feet,between a septic tank and property line, and Whereas, a notice of public hearing was given in the official newspaper'of the Town of Queensbury and a public hearing was held in connection with the variance request, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. Pierre Dumoulin allowing the septic tank to be placed 4 feet from the dwelling and 6 feet from the property line instead of 10 feet as required by the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, and finds as follows: A. that there are special circumstances or conditions which justify allowing the septic t tank to be placed 4 feet from the residence and 6 feet from the property line as opposed to the normal 10 feet in that a septic system was pre-existing in the same location '~ and septic pits have not been altered,and in that the property dimensions make it difficult to achieve a full 10 feet separation between the tank, house and property line, B. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, C. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship, and D. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted by the following vote: Ayes. Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ADJOURN QBSY. BOARD OF HEALTH AND MOVE INTO TOWN BOARD MEETING RESOLUTION NO. 15, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Queensbury Board of Health hereby adjourned this meeting and be it further RESOLVED, that the Queensbury Town Board hereby moves back into session. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka I QUEENSBURY TOWN BOARD MEETING ,. PUBLIC HEARING-Bay Road Water Dist. Ext. #1 Town Clerk-Darleen Dougher-The public hearing has been advertised and posted. Supervisor Borgos-Asked for public input, either in favor of or opposed to the Bay Road Water Dist. Ext. #1 Mike O'Connor-I am appearing here as Attorney for the developers of the Townhouse development known as Cedar Court. A development that will be served by this border line extension. I believe that everybody that is within the district can be served by the water extension as it is proposed and as it has been described in your advertisements. I believe it is to the benefit of everybody within the proposed district to have Town Water as opposed to wells. There is one single family residence that will be served and they will if this is approved, have the availability of water without really expense to themselves, except for the hookup charges and usage charge which will be an advantage to them allowing them the alternative to, well if they want they can have Town Water.-- To the development it allows for more orderly development and allows better use of the property and assures everybody that they will have better water within the development by having the Town water available. Supervisor Borgos-Mr. Montesi mentioned that, you and I met back in February or March or somet about this situation and we spent some time talking about an agreement that had been signed at one point, has much more if anything been done with that? Mike O'Connor-I think we had some discussions with Paul with regard to it and with all the other...undei I think he has taken under advisement our comments and he is studying them and wants to get back to us and try and work out something that is workable. 293 Supervisor Borgos-Essentially though, in this case the developer is going to pay all of the costs. Mike O'Connor-Yes. Supervisor Borgos-Just like with Hiland Park, and any new developments, the developers is paying to extend from our hydrant out front over to the property. x Mike O'Connor-The developer would pay and guarantee the actual construction work of the extension of the line to the entrance to Cedar Court, and then further would pay for all water mains and extensions within the subdivision itself. The developer will in fact as a bonus to the balance of the Town pay an allocated share of the initial capital cost for the plant that was built many years ago. In effect what this would do is to reduce the burden of those who shared in the initial cost by giving a broader base for the payment. We have signed two different agreements we paid $4,000. to the town some time ago which also reimbursed the Town for its engineering and _., legal costs. This is an extension of the water district without expense to the town or to the towns citizenship in general, everything will be paid for by the developer. The discussion that we had and the discussion that I have tried to follow up with Paul, I think that the mechanics that we have for paying this allocated share are a little bit cumbersome and really not workable. I think that they can be fine tuned and that is what we have requested. Supervisor Borgos-As I recall there is no controversy over the sum but rather the mechanics Of just getting the money, is that correct? Mike O'Connor-Yes. Councilman Montesi-Can we be privy in what we are talking about in terms of dollars? It is not written here what the allocation of capital cost to the developer is going to be? I might add, Mike, that I understand what you are saying but there is a law in the Town that says if you want to put a subdivision in, within a thousand feet of a water line you do not have any choice you have to put the water line in or you do not have water or you do not have the subdivision: We must, we are nice people, but, you are doing what the law says you have to do and I need to know what kind of dollars are we talking about this developer contributing,to the water district and the capital cost and why it is not on this paper, what is the mechanical problem, you do not want to pay it now, you want to pay it later? Supervisor Borgos-It is referred to here, in accordance with the agreement entered into with the Town of Queensbury and the developers dated the 10th of June 1987. Councilman Montesi-What is the number? Mike O'Connor-We are paying 4800.00 dollars for the engineering and legal costs and we have agreed to pay 92,000 dollars as a Capital Contribution. Payable over a period of time of 25 years at 7,197.00 dollars per year, my question and concern is the mechanics for those annual payments. Also the mechanics for securing for those annual payments, we have signed an agreement and we are willing to abide by the agreement tomorrow if that is what is your favor. My question is I think this is the second version of your capital contribution agreement I do not know if in fact Mr. Montesi actually is your final version. It was something that was being fine tuned at the time it was signed. Councilman Montesi--I need to know the number we are dealing with because it is a big*number and I realize that you are struggling with the way the mechanics work... Supervisor Borgos-My research indicates that there has been three prototypes agreements and none of them seem to follow the same formula of any sort, that is where the hang up is. The developer has agreed to the sum which I think is a just sum but no one has signed the agreement the town wants to be sure we can set this up in a manner that we can be sure it is collected. That has been our concern and Mr. O'Connor agrees that based on what the agreement says that it may be a little tricky to do it so we are trying to fine tune it so to be sure that the Town gets all of its money. Mike O'Connor-You have a credit system built into the agreement that I do not think is workable. You give a credit for the amount that would be collected from the taxpayer based upon existing assessment or future assessment and then the balance to be paid by the developer and no real mechanics for the billing of it and a nightmare for a actual fiscal billing. I think there are other ways of doing it that would be much more stream lined it is not going to effect one iota of the money that went to the town. 294 Councilman Montesi-My point is I understand your struggle with the this, I wanted the numbers to be public because there is a perception that this Board or any of the Town Boards in the past have sat and developers have not paid their fair share of the quote the water treatment plant or the sewer plant, this is just an indication that we do and we have in the past in previous occasions and this is this developers contribution to the water treatment plant if you will, that is in essence in the transmission lines 92,000 dollars. As long as our town attorney feels that it is a condition of this approval I presume that we will iron out the details of how to do it. Mike O'Connor-I think you still control the facet, whether you have a district or you do not have a district you are not going to give us water until we have satisfied you in a manner of payment. Supervisor Borgos-I understand that the water is turned off at the present time. Mike O'Connor-I woi.ild hope so. Supervisor Borgos-We have asked that the lines go in as soon as possible so that we can finish our grading. Mike O'Connor-I understand also that the county is in the process of trying to repave and widen the aprons and that also was taken into consideration, but rather than pave and then dig we tried to dig before we paved. Supervisor Borgos-Asked for further input... Paul Dusek-Mr. O'Connor is there anyone outside the district boundaries that would be receiving the benefit of this district? Mike O'Connor-Not that I am aware of. Supervisor'Borgos-Asked for further input...hearing none the public hearing was declared closed. RESOLUTION ESTABLISHING LEAD AGENCY AND ADOPTING DETERMINATION OF NON-tiSIGNIFIC OF ESTABLISHMENT OF EXTENSION OF QUEENSBURY iWATER DISTRICT IDENTIFIED AS QUEENSBURY WATER DISTRICT--BAY ROAD EXTENSION NO. 1 RESOLUTION NO. 402p 'Introduced by Mr. Ronald Montesi who moved for its adoption, seconded j by Mrs. Marilyn Potenza: WHEREAS, Article 8 of the Environmental Conservation Law established as the State Environmental` Quality Review Act, and WHEREAS, such act requires environmental review of certain actions undertaken by local governments; and WHEREAS, the Town Board of the Town of Queensbury recognizes the need for the creation of an extension of the Queensbury Water District said extension to be identified as Queensbury Water District - Bay Road Extension No. 1, to serve residents and to meet the needs of future residents of a high density residential subdivision presently planned and to be known as Cedar Court, and WHEREAS, the Town Board of the Town of Queensbury has conducted a public hearing on the establishment of an improvement district in that area of the Town, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to the creation and establishment of said water district, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury is hereby designated lead agency for purposes of SEQRA compliance in the creation and establishment of the extension of the Queensbury Water District, said extension to be identified as Queensbury Water District - Bay Road Extension No. 1, and BE IT FURTHER RESOLVED, that the `"own Board of the Town of Queensbury adopts the annexed notice of determinatic. of non-significance and directs that copies of this resolution and 295 notice of determination be forwarded to the Commissioner of the Department of Environmental Conservation and the Region 5 Offices of the D.E.C., Department of Health, Department of Transportation, and the Warren County Planning Department. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION MAKING DETERMINATIONS PURSUANT TO SECTION 209-E(1) OF THE TOWN LAW OF THE STATE OF NEW YORK IN CONNECTION WITH THE EXTENSION OF THE QUEENSBUR' WATER DISTRICT TO BE KNOWN AS: QUEENSBURY WATER DISTRICT - BAY ROAD EXTENSION NO. 1 RESOLUTION NO. 403, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has heretofore duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of the Town of Queensbury, in relation to the extension of the Queensbury Water District in said Town, such extension to be known as the Queensbury Water District - Bay Road Extension No. 1, and WHEREAS, an order was -I,aly adopted by the said Town Board on September 13, 1988, reciting a description of the boundaries of said proposed Water District extension, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that the new water main:; and appurtenances would be installed by the subdivision developer and turned over to the Town of Queensbury, the fact that said map and plan were on file in the Town Clerk's Office for public inspection, and specifying the 28th day of September, 1988 at 7:30 o'clock p.m., at the Queensbury Town Office Building, Bay & Haviland Roads, in said Town as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same, and WHEREAS, Section 209-E(1) of the Town Law of the State of New York requires that after a public hearing is held in connection with the establishment of an extension of a water district, +, that the Town Board shall determine: a. whether the Notice of Hearing was published and posted as required by law and is otherwise sufficient, b. whether all the property and property owners within the proposed district or extension are benefited thereby, c. whether all the property and property owners benefited are included within the limits of the proposed district or extension, and d. whether the establishment or extension of such district is in the public interest. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, based upon the information received at the public hearing, as to be more fully set forth in the minutes of this meeting, finds as follows: a. The Notice of Public Hearing required by law, in connection with the extension of the Queensbury Water District, was published and posted as required by law, and is otherwise sufficient. b. All property and property owners within the proposed district extension are benefited thereby. --- c. All property and property owners benefited are included within the limits of the proposed district extension. d. The extension of such district is in the public interest. Duly adopted by the following vote: 296 Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr: Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION APPROVING THE EXTENSION OF THE QUEENSBURY WATER DISTRICT IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to be known as Queensbury water district- BAY ROAD EXTENSION NO. 1 AND FURTHER APPROVING THE CONSTRUCTION OF THE IMPROVEMENTS PROPOSED THEREFOR. RESOLUTION NO. 404, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has heretofore duly caused a general map, plan and report to be prepared and filed in the Office of the Town Clerk of the Town of Queensbury, in relation to the extension of the Queensbury Water District in said Town, such extension to be known as the Queensbury Water District - Bay Road extension NO. 1, and WHEREAS, an order was fully adopted by the said Town Board on September 13, 1988, reciting a description of the boundaries of said proposed Water District extension, the improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that the new water mains and appurtenances would be installed by the subdivision developer and turned over to the Town of Queensbury, the fact that said map and plan were on file in the Town Clerk's Office for public inspection, and specifying the 28th day of September, 1988 at 7:30 o'clock p.m., at the Queensbury Town Office Building, Bay & Haviland Roads, in said Town as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same, and WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209-D of the Town Law and proof of said publication and posting has been duly presented to said Town Board, and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard, and WHEREAS, the Town Board, as duly designated lead agency, has adopted a determination of non-significance of the proposed action in accordance with the provisions of-the State Environmen Quality Review Act, and WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duly adopted a resolution determining in the affirmative, all of the questions set forth in Subdivision 1 of Section 209-e of the Town Law, and WHEREAS, it is now desired to adopt a further resolution pursuant to Subdivision 3 of Section 209-e of the Town Law, approving the establishment of said district and the construction of the improvements proposed therefor; NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: Section 1. The establishment of the extension of the Queensbury Water District in the Town of Queensbury, Warren County, New York, to be known as the Queensbury Water District - Bay Road Extension No. 1, to be bounded and described as hereinafter set forth, and the installation and construction of water pipes, hydrants, and appurtenances in said water district to be of no cost to the Town of Queensbury, and a cost of Forty Thousand Dollars ($40,000.00) to the develor, the entire cost to be paid by the developer of the Cedar Court Subdivision, is hereby approved and authorized, The method of payment by the developer of the cost of said improvement shall be in accordance with the agreement entered into between the Town of Queensbury and the developers, Richard A. Abbatiello, Robert Lent, and James Dolan dated the 10th day of June 1987, which provides, among other things for the developers to pay all project costs incurred in creating the constructing said district, including but not limited to the Town Engineer's estimate of project cost dated November, 1986, and which further provides for an investment fee for the existing water treatment plant, storage and transmission facilities to be paid and payment to be guaranteed by the developers, 297 more specifically set forth in said agreement, the same being incorporated herein, and to be . retained by the Town Clerk as a part of the minutes of this meeting. Section 2. Said water district extension shall be bounded and described as set forth in Schedule "A" annexed hereto and made a part hereof. Section 3. This resolution is subject to a permissive referendum. as provided by Section 209-e of the Town Law. Section 4. If after the expiration of the time for filing a petition requesting that this matter be submitted to a referendum of eligible voters within the proposed extended district, no such petition is timely filed with the Town Clerk, she shall file a certificate stating such fact in the Office of the Warren County Clerk. Section 5. The approval of the extension of the Queensbury Water District is condition upon Town Board of the Town of Queensbury and the aforesaid developers entering into an agreement revising and amending the previous agreement entered into between the parties such that the payment of the capital contribution costs for the Water Plant and Appurtenances is completely paid upon such terms and conditions as may be agreed to by the parties. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka SCHEDULE A. All that certain parcel for 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 southwest 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 or 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. Town Attorney, Paul Dusek-Requested the #5 in resolution number 404 be added.. Agreed to by the Town Board. PUBLIC HEARING TOP OF THE WORLD SEWER RATES Town Clerk-Noted t1wt. the public hearing on the Top of the World Sewer Rates was advertised properly and was ported on the official bulletin board. 298 Supervisor Borgos-Opened the Public Hearing, asked for comments from the public...; Let me explain briefly to the public what the situation is related to the Top of the World Utility Company Sewage Works Corp. is there anyone here representing that group? Dennis would you come forward and identify yourself and say a few words on why this is needed? We went through this last year and it kind of died and we are back again. Dennis McElroy-from the firm of Environmental Design-We are the engineers for the Lake George Ventures, the developers of Top of the World PUD. The waste water disposal within the Top of the World PUD is handled as a private utility company which also combines the water supply. Tonight we are proposing a resolution for establishment of the rates for the sewer works, again this is a private entity within the district of the PUD, the rates are as the law is written. Within New York State the Town Board has to pass judgement on the rates that are established for that even though it is a private corporation. Supervisor Borgos-I was made aware of this for the first time last year, I think all of us were, we didn't realize that the law does require us to do this, this would impact only on the residents of Top of the World, is that right? Dennis McElroy-That is correct. Supervisor Borgos-The only ones that would be expected to pay it. Dennis McElroy-That is correct, there will eventually be 170 residential units and the sports complex building which would be part of their facilities.... Councilman Montesi--What does this translate so that 9000 thousand gallons of water per quarter, 36,000 gallons per year that is, just so that people have an understanding of what the sewer rate will be up there, this is a public forum. We have charged, and this is a comparison in our sewer district, we have charged $50.00 one third of the sewer cost of your sewer bill $50.00 for up to 75,000 gallons and anything over that is a pretty substantial fee. Dennis McElroy-For your water use? Councilman Montesi-Water in water out sewer, you know the sewer cost. Our sewer cost in the Town of Queensbury is based a third on water flow a third on assessed valuation and a third on the size of the lot. The third that is based on the water flow we'have'set 75,000 gallons as a $50.00 fee. That is only one third of the total cost of .... Supervisor Borgos-That is not quite yet finished, that will soon be a subject of a public hearing. Councilman Montesi-What I am getting at is that my sewer bill at my house on 100,000 dollar value is about $450.00 what is a 220,000 dollars, and that is getting capital back, you guys have already put the sewer in here Dennis McElroy-That is correct. Councilman Montesi-What's a 200,000 dollar condo on the Top of the World looking at for a yearly sewer tax? Dennis McElroy-$320.00 provided that they do not exceed the base rate, but that is unlikely in consideration of the usage that those units will see. Councilman Montesi-For 36,000 gallons of flow a year you are looking at $300.00 Dennis McElroy-$320.00 that is correct. It is strictly based on usage, not on any assessed value. Supervisor Borgos-Just for the record, since there does not appear to be anyone else here, and you are representing the owners, did you properly publish this. -- Town Clerk-Darleen Dougher-This was advertised and posted properly. Dennis McElroy-Lake George Ventures had made this aware through the homeowners association as well. Supervisor Borgos-Any further questions? Council"Inn Monahan-Dennis, which location of the sports complex? Dennis`McElroy=It is right in the location as you may remember of the old log building. Councilman Monahan-I was wondering if that was still there? Dennis McElroy-No, that was removed and a new building put in, it is approximately the same size. i Supervisor Borgos-Thank you sir, is there anyone else that wishes to speak about this subject? If not we will stop the public responses ... N. W. Bodenweiser-Fire Marshal-In relation to the fact that this is a sewer and water district.... Supervisor Borgos-This is just regarding the rates to be charged in relation to the sewers. N. W. Bodenweiser-My concern was does this have any effect on the water, in the fact that the water district, we do not cover any part of the water district in this resolution correct, strictly Supervisor Borgos-That is correct, strictly to sewer rates. N. W. Bodenweiser-That is all I wanted to know. Councilman Montesi-The only mention in the sewer bill was that they use them as a guide they use water meter in as sewer is water out, water in water out. Supervisor Borgos-Closed the public hearing. RESOLUTION OF TOWN BOARD AGREEING TO PROPOSED SEWER RATES TO BE SET BY THE TOP OF THE WORLD SEWAGE- WORKS CORPORATION RESOLUTION NO. 405, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: WHEREAS, within.the Top of the World Planned Unit Development a Sewage-Works Corporation has been formed in accordance with the Transportation Corporations Law of the State of New York for the purposes of providing waste-water treatment facilities for the residents within the Top of the World Planned Unit Development, and, WHEREAS, Section 121 of the Transportation Corporations Law requires that the Town Board of the Town of Queensbury and the Top of the World Sewage-Works Corporation agree as to the reasonable and adequate rates for the collection, treatment and disposal of sewage within the i Planned Unit Development known as Top of the World, and, 1 WHEREAS, Top of the World has requested a sewer rate fee of $80 a quarter (based on water usage of 9,000 gallons per quarter) plus $2.00 per 1,000 gallons over 9,000 gallons per quarter (sewage discharge to be based on water meter reading) and WHEREAS, in the previous resolution the Town Board of the Town of y Queensbury set a public hearing on the proposed rate request and directed that the Town Clerk publish a copy of the notice in accordance with the Town Law, and WHEREAS, a public hearing was held on the 28th day for September 1988, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds, based on the information presented at the public hearing, that a sewer rate of $80.00 a quarter (based on water usage of 9,000 gallons per quarter) plus $2.00 per 1,000 gallons over 9,000 gallons per quarter (sewerage discharge to be based on water meter reading) is a fair and reasonable cost for the collection, treatment, and disposal of sewerage within the Top of the World Planned Unit Development, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute on behalf of the Town of Queensbury, a written agreement with the Top of the World Sewage-Works Corporation which indicates that the Top of the World Sewage-Works Corporation and the Town of Queensbury agree that a sewer ate,. 300 rate is to be $80.00 per quarter (based on water usage of 9,000 gallons per quarter) plus $2.00 per 1,000 gallons over 9,000 gallons per quarter (sewerage discharge to be based on water meter reading). Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos b Noes: None Absent: Mr. Kurosaka OPEN FORUM i, Supervisor Borgos-Noted that he had spoke to Councilman Kurosaka and he said he would be here for this meeting but at.this point I do not see him, I understand he was around yesterday Pr the election, I have no explanation for why he is not here. Councilman Montesi-Mr. Tucker, I have asked the Town Clerk to make a copy of the comments regarding providing other municipalities with water for you. Councilman Potenza-I have a request about street lighting at 34 Holden Avenue from Mrs. Close and will pass that to the lighting committee... Supervisor Borgos-Mr. Montesi will be pleased to accept this request and investigate it and let us know his recommendation. Paul Dusek-Town Attorney-Perhaps this would be the opportunity to address the comment that Mr. Tucker had made at the last meeting. There has been a request as.to the status of Mr. Kurosaka and his ability to keep his position in light of the illness which I indicated that at the time, I tried to do some quick research and I could not find what I needed. I have since'done the research and perhaps I could report to the Board. I think in general terms although I`have several sections of the law that I can refer to and sight I do not,think I will go into them unless the Board desires, I think generally speaking though it would appear that an illness such as being suffered by Mr. Kurosaka is not sufficient grounds.to cause a removal unded the.law from the position as Councilman, at least at this point in time it would be my opinion that'46'properly holds his seat even though he is not able to attend the meetings. The primarily reason is because he is not just carelessly or frequently missing meetings but rather he has a good reason for missing those meetings at » this point in time. There are a couple of other questions I guess kind of relate to that, there is a procedure for removal of Town Officials however the procedure looks towards things such as misconduct, mal-administration, mal-feasance those type of things which-I think under the circumstances would not be provable. The other aspect of the question at least in my mind, there is a question if a vacancy should arise how is it resolved, on the Town Board, it would be resolved by Town Board Members Appointing a new member to the Board. But at this point, generally speaking my opinion would be that there are not sufficient ground to remove Mr. Kurosaka. Pliney Tucker-Ward 4 Queensbury-I would just, as I set there and heard the report I would just like to clear the air. I do not believe I came here with a gun in my hand wanting to eliminate George, my reasoning for questioning the Board was that the man had been ill and seriously ill and there had been no comments made by anyone in authority what the situation was. t Supervisor Borgos-We knew there was no malice in your heart, there had been an extensive article j in the newspaper several weeks ago, who had interviewed Mr. Kurosaka's family and had comments -� about his illness and the probable duration of the illness and that type of thing. ' Pliney Tucker-I missed that. My reasoning behind it was that before the Ward System went into effect what is now Ware; l did not actually have anyone from that area on the Board and what brought about the Ward System which helped it a great deal was that situation. My reasoning was and concern was, and people had commented to me, was what George's status was.` Supervisor Borgos-When I spoke with him Monday he said he was feeling quite well he did expect to have to under go some surgery in the near future. He did expect to be here tonight. I am surprised_; and disappointed that he is not. Councilman Potenza-I would like to congratulate the Citizens of Queensbury for their turn out that they had in the election yesterday, and how pleased I am with the results. P Supervisor Borgos-1 think we are all pleased with the number of people that voted regardless of who they voted. I am delighted that so many people took interest in local government. Councilman Monahan-I think one of the things we are very please with, it seems that the majority of the people in this Country realized one of the basic tenets on which this Country was founded and why they left the County they came from and that was the right to process private property without being concerned about seizure by the government. I think yesterday it reiterated no matter how much they wanted a certain piece of property for a park they reiterated that the basic tenet on which this Country was founded the right of private property and to be safe from government seizure. I live near a dangerous intersection a sight of numerous accidents, Sunnyside and Ridge Road, reerlitly it was a sight of a fatality, a few weeks before that a so call minor accident as far a bodily injury was concerned my great niece and great great niece was involved in one, we have had tit great expense to the tax payers on the State level a light at that intersection and it is still only working as a stop and go light, supposedly it was up graded for just the fire company, the fire company did not ask for this I understand the light cost many thousand of dollars and it seems riot a worth while use of taxpayers dollars, unless this is to be activated as an active light. I believe there will be a petition into this Board to have that light activated I would ask that this Board research the accidents that have happened on that corner and hope that this Board will back this resolution all the way, we will ask the County Board of back it and go to the State. Supervisor Borgos-The next meeting is tomorrow at 7:30 P.M.-Public Meeting regarding to the Route 9 Sewer Dist. Ext. Next Regular Meeting Oct. Ilth 4:00 P.M. Special Meeting-Workshop-F indir Statement Earltown Quaker Ridge Oct. 12th 4:00 P.M. N. W. Bodenweiser-Re: Sewer Rates and Hook-ups who is doing the work and do we have any control on the rates? Supervisor Borgos-There is a list of approved people and that would establish the competition....there are 8 now...we have asked Mr. Flaherty to keep track of what the installation charges have been, if a home owner should call us we could estimate fairly closely what that should cost assuming no high water table... Councilman Montesi-Noted that public will be notified when they can hook up to the sewer dist. N.W. Bodenweiser-How long do I have before I have to hook up? Councilman Montesi- 12 months. i Councilman Potenza-Are the cost the same for a residential vs. commercial? N.W. Bodenweiser-I think that would vary, such as if there as a grease trap for a restaurant.... RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 406, Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED that the Town Board minutes of August 23rd, September 8th, 23rd 1988 be and hereby are approved. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT �I RESOLUTION NO. 407, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald MontCA: WHEREAS, Alton A. DuBois, Jr. and Charlotte G. DuBois have written the Town Board of the Town of Queensbury and has requested that the existing speed limit on Peggy Ann Road be lowered, and WHEREAS, the Town Board of the Town of Queensbury is of the opinion that said speed limit, presently fixed at 45 miles per hour, should be lowered, i NOW, THEREFORE BE IT RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State of New York, that the Town Clerk of the Town of Queensbury is authorized and directed to send and proper form to the Department of Transportation through the Warren County D.P.W. requesting that the speed limit be lowered on Peggy Ann Road. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 408, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Russell A. Guard, Project Administrator of Hiland Park Corporation, has written the Town Board of the Town of Queensbury and has requested that the existing speed limit on Masters Common South in the Hiland Park Subdivision be lowered, and WHEREAS, the Town Board of the Town of Queensbury is of the opinion that said speed limit, presently fixed at 55 miles per hour, should be lowered, NOW, THEREFORE BE IT i RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State of New York, that the Town Clerk of the Town of Queensbury is authorized and directed to send _ the proper form to the Department of Transportation through the Warren County D.P.W. requestin that the speed limit be lowered on Masters Common South. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka 1 RESOLUTION - PAYMENT TO ELECTRICAL CONTRACTOR RESOLUTION NO. 409, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Russell Brown Electrical Contractor, Inc., pursuant to contract, has been performing electrical construction in the Activities Center and Town Office Building for the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 382 previously authorized and approved a change order in the amount of $16,553.61 less a credit of $4,000.00 for additional work performed by Russell Brown Electrical Contractor, Inc., and WHEREAS, Russell Brown Electrical Contractor, Inc., also performed certain work in the Aetivitia Center consisting of basement lighting, such work originally planned to be deleted pursuant to Charge Order No. EC-1, and such work consisting a total sum of $1,392.60, and WHEREAS, Russell Brown Electrical Contractor, Inc., has requested a change order 3013 authorizing said basement lighting, for a fee of 50% of $19392.60 or $696.30, and WHEREAS, Rist-Frost Associates, P.C., the engineer presently reviewing the project for the Town of Queensbury, has recommended that the change order be authorized, and WHEREAS, Mr. Peter Brault, Superintendent of Building and Grounds, has indicated that said basement lighting is functional, is useful to the Town of Queensbury Employees, and is something that the Town of Queensbury would have had to install sooner or later in any event, therefore recommends that the Town of Queensbury retain such basement lighting at the offered price of 50% of $1,392.60, NOW, TIEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves i a change order as referred to herein, in the total amount of $696.30 for said basement lighting, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to sign and issue the change order referred to herein and upon the receipt of a properly completed voucher, sign and forward the same for processing and payment by the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ACCEPT ROAD DEDICATION OF A PORTION OF BROOKFIELD RUN IN BROOKFIELD ESTATES SUBDIVISION FORM DENISON RESOLUTION NO. 410 Introduced by Mrs. Betty Manahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: I WHEREAS, Howard A. Denison and Eileen J. Denison, have offered to dedicate to the Town of Queensbury a portion of a road known as Brookfield Run and easement for surface water runoff and other drainage purposes over lots 6 & 8 in the Brookfield Estate Subdivision, which is more particularly described in the survey map presented at this meeting and made a part of the record of this meeting, and WHEREAS, Paul H. Naylor , superintendent of Highways of the Town of Queensbury has advised that he has inspected the said road proposed to be dedicated to the Town of Queensbury and that he finds the same in its current state to meet the Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury , has advised that he has made an inspection of water mains and appurtenances along said road proposed for dedication and finds that the said installation is in accordance with he,requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the roadway offered for dedication has been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed for the road and drainage easement proposed to be dedicated,.be and the same are hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, and BE IT FURTHER •-- RESOLVED, that the roads be hereby added to the official inventory of Town Highways, to be described as follows: Road number: 455 Description: A road proceeding form the Southerly bounds of Sunnyside Road East Name: Brookfield Run Feet: 1104' (.28) Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka (See Resolution NO. 412 for amendment on Resolution No. 410) RESOLUTION REGARDING PUBLIC AUCTION BY THE TOWN OF QUEENSBURY RESOLUTION NO. 411, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded" by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of selling at public auction, certain equipment, motor vehicles, furniture, and other miscellaneous personal property owned by the Town of Queensbury which is no longer needed for Town of Queensbury purposes or which has been replaced by updated equipment, motor vehicles, furniture, or other property, and WHEREAS, the Town Supervisor has sent notice to all departments of the Town of Queensbury asking that lists of personal property no longer needed be given to the Town Clerk for purposes of offering such personal property for sale at a public auctiwl, and WHEREAS, the Town Clerk advises that she is now in receipt of such lists of personal property, such lists being presented at this meeting, and WHEREAS, the Town Board of the Town of Queensbury, pursuant to Town Law Section 64 (2-A), Section 64 (3) and Section 64 (23) has the legal authority to sell said personal property at auction, NOW, THEREFORE, BE IT RESOLVED: 1. that an auction of said personal property occur on October 8, 1988, commencing at 8:00 A.M. at the following location: Queensbury Highway Dept. Garage, 2. that notice of said auction be given to the public by publication of a notice of auction in the Post-Star newspaper, as soon after this meeting as possible, with such notice specifying generally that an auction will occur in the Town of Queensbury of personal property owned by the Town of Queensbury, including but not limited to, motor vehicles, office furniture and furnishings, and other miscellaneous Town of Queensbury property, and that lists of said property to be auctioned are available at the Town Clerk's Office for public inspection during normal business hours and that the auction is with reserve so that a bid price below which an item of personal property owned by the Town of Queensbury will not be sold, will be established, 3. that the Town Clerk is hereby authorized and directed to maintain the aforedescribed list of personal property in the Office of the Town Clerk, send notice to the Post-Star,,and allow the general public to view the same during normal business hour. Items may be inspected on October 8th from 9 A.M. to 4:00 P.M. at the Queensbury Highway Garage. 4. that the Department Heads are hereby authorized and directed to establish fair and reasonable value of the items to be auctioned and establishing a bid price below which an item of personal property owned by the Town of Queensbury will not be sold. Duly adopted by the following vote: Ayes: Mrs. Potenza, M►°. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka r-- � 5 DISCUSSION: It has been noted that Brookfield Est. is not in any Queensbury Water Dist. and resolution No. 410 of 1988 should reflect that. RESOLUTION TO AMEND RESOLUTION NO. 410 OF 1988 RESOLUTION NO. 412, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that Resolution No. 410 of 1988 entitled RESOLUTION TO ACCEPT ROAD DEDICATION OF A PORTION OF BROOKFIELD RUN IN BROOKFIELD ESTATES SUBDIVISION FROM DE14ISON be amended to reflect that Thomas K. Flaherty, Superintendent of the Town of Queensbury has advised that Ahis Road is not in any Water District in the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaks. COMMUNICATIONS -Application for placement of Mobile Home of Roy & June Blackmer of VanDusen Road-replace existing mobile home with a double wide-noted that the Queensbury Planning Board held a public hearing on this request last night and it was approved...Mr. Blackmer is present... Mrs. York-the Blackmers are replacing their trailer with a double wide trailer and as per the ordinance they came before the Planning Board for a site plan review, they were approved with very little discussion and I do not feel that there is any problem with their proposal at all, I recommend that you support it. Supervisor Borgos-You sat through the public hearing last night? Mrs. York-Yes I did. Councilman Montesi-Is there an application to the Town Board for a special permit that we have to approve. Town Clerk-There is attached a letter of request for placement from the Blackmers to the Town Board... Councilman Montesi-I have reviewed this and seen the site... Town Clerk-You have a choice to either hold a public hearing or approve the application... Councilman Montesi-What will we be approving... Town Clerk-The replacement of the existing mobile home with a double wide. Councilman Monahan-Under Town Law we have to approve any mobile home...outside a trailer park.. Councilman Monahan-Paul do we have to have another public hearing under our ordinance? Town Attorney-Paul Dusek-It is not mandatory. Councilman Potenza-I also drove by the Blackmer Residence I understand that this has been a very frustrating time for them and as fast as we can expedite it tonight I suggest we do so.... RESOLUTION APPROVING REPLACEMENT OF MOBILE HOME WITH DOUBLE WIDE �-- RESOLUTION NO. 413, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: Resolution forthcoming from Town Attorney to be found on page 67.'s Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Ltr. Courthouse Estates-with attached petition- request lower speed limit Councilman Monahan-asked the Town Supervisor to contract the Sheriff's Dept. to police that area more... RESOLUTION REQUESTING FEASIBILITY STUDY TO REVIEW SPEED LIMIT RESOLUTION NO. 414, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, residents of Courthouse Estates have petitioned the Town Board to lower the speed limit in Courthouse Estates, and WHEREAS, the Town Board wishes to turn the request over to the State for their review, NOW, THEREFORE BE IT RESOLVED, that in accordance with Section 1622 of the Vehicle and Traffic Law of the State of New York, that the Town Clerk of the Town of Queensbury is authorized and directed to send the proper form to the Department of Transportation through the Warren County D.P.W. requesting that the speed limit be lowered in Courthouse Estates. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent:Mr. Kurosaka Ltr.- D.O.T.-Dream Lnke Road- a change in regulatory speed limit is not justified at this time... -BID OPENING DUCTILE IRON PIPE Atlantic States 183 Sitgreaves St. Phillipsburg, N.J. non collusive attached 8" pipe 7.03 ft. 6" pipe 5.09 ft. Adirondack Water Works 126 Feeder St. Hudson Falls, N.Y. non collusive attached 8" pipe 5.28 ft. 6" pipe 7.27 ft. Griffin Pipe Products Co. 1100 W. Front St. Florence, N..J. non collusive attached 8" pipe 7.16 ft. 6" pipe 5.17 ft. United State Pipe and Foundry 4 Aves Dr. Latham, N.Y. non collusive attached 8" pipe 7.11 ft. 6" pipe 5.16 ft. -Ltr. Thomas K. Flaherty Water Supt.-award bid to Atlantic State pipe. RESOLUTION TO ACCEPT BID RESOLUTION NO. 415, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Thomas K. Flaherty, Water Supt. did recommend that we advertise for ductile iron pipe, and WHEREAS, four bids were submitted and received and opened at the specified time and place by the Director of Purchasing Darleen M. Dougher, and such bids were turned over to Thomas K. Flaherty for his recommendation and WHEREAS, Thomas K. Flaherty by letter has recommended the bid be awarded to Atlantic States ar? tJ NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Thomas K. Flaherty and the bid be awarded to Atlantic States of Phillipsburg, New Jersey in the amount of 7.03 a foot for 8" pipe and 5.09 a foot for 6" pipe. and be it further RESOLVED, that the financing for such materials in included in the 1988 Water Dept. budget. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Supervisor Borgos-Presented the Town Board with further reports on the Duck Pond, noting that the pond has been posted... Councilman Monahan-Was testing done beyond the pond? Supervisor Borgos-Yes. Monday the new test were taken...tests taken on the south side of Fort Amherst, on the north side at the beginning of the pond on the further end of the pond on Bay Street on the west side and east side by Quaker Village and the Girl Scout Camp. Councilman Montesi-Reviewed the report...noted that the stream does cleans itself... Councilman Monahan-I do not see the report on Meadowbrook.. Supervisor Borgos-I will speak with Mr. Olson about that... Town Attorney Paul Dusek-Spoke to the Town Board regarding the appointmdnt of members to the Queensbury Assessment Board of Review-noted that we are missing two members ... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 416, Introduced by Mrs. Betty Monahan, who moved for adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board hereby moves into executive session to discuss real property transaction personnel matter and proposal for professional services. 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, Miss Darleen M. Doi,gaher Town Clerk j _ i