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1988-10-25 TOWN BOARD MEETING f; OCTOBER 25, 1988 7:30 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARILYN POTENZA-COUNCILMAN RONALD. MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN f BOARD MEMBER ABSENT GEORGE KUROSAKA-COLP""1C'1_I.^MAN L WN COUNSEL 'AOUL DUSEK PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION TO ADJOURN TOWN BOARD AND MOVE INTO QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 447, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Rueensbury Town Board hereby adjourn and move into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:, Mr. Kurosaka s QUEENSBURY BOARD OF HEALTH *' PUBLIC HEARING-SEWER VARIANCE NOTICE SHOWN SHANE ROSS-1 live on Boss Road. Thank you for hearing me first on your d putting agenda tonight. Just to bring you up to date. The problem with the system is apparently r the old system is,a metal:tank, septic holding tank. It appears that the tank is collapsing. �.` We would just like to replace the tank. Basically for safety reasons and to avoid any failures in the future. My understanding of the Town code is that I don't have enough room to place the tank. There has to be.ten feet between the property line and the building, which I don't have there. 1 submitted a diagram for you. SUPERVISOR BORGOS-We had that before, it's not here again tonight, but we have had it. ' I recall it. SHANE ROSS-We have a large house on a tight piece of property. We would just like to improve our system. The system at this point really hasn't failed. We would just like to make it a little safer, improve it and we're requesting a variance. SUPERVISOR BORGOS-Thank you. In the past I think we've had a letter from Mr. Martin who inspected the property and indicated he recommended approval. Is that correct, Mr. Hatin? DAVE HATIN, Director of Building and Codes-Yes. SUPERVISOR BORGOS-Any Board member have any requests or comments? M COUNSEL DUSEK-I just have a couple of questions that I may ask Mr. Ross. First of all the septic tanks or leach fields or anything like that, are they being changed at all? MR. ROSS-No. The only thing, I talked to the construction people that are going to do it. When we do change the tank I'm going to have him inspect,there is leech tanks, I'm going to have him inspect the leech tanks to make sure they are working properly. At this point J there has been no problem with the leech tanks that are there. So we don't plan any change Yf there at all. Rather he is ;tart going to inspect_while he is there to make sure there is no problem. ♦ 4 igt COUNSEL DUSEK-Also, would it be your contention that the property dimensions would make it difficult to put this tank anywhere else? • MR. ROSS-Yes. Where it borders to the west side and that's the only spot that I could put it in, there is no other place that I could put it on the property. COUNSEL DUSEK-Thank you. SUPERVISOR BORGOS-Again I need some assistnnec. noes this Board make the recommendation to the Town Board or do we actually act? 4 a COUNSEL DUSEK-This Board would act, yes. RESOLUTION APPROVING VARIANCE REQUEST OF SHANE ROSS, BOSS ROAD, QUEENSBURY'= RESOLUTION NO. l8, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Mr. Shane Ross 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 t" have been duly notified, . NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Mr. Shane Ross allowing the septic-tank to be placed 33t inches from the dwelling and 33t inches from the property line in instead of 10 feet as required by the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, rand finds as follows: a. that there are special circumstances or conditions which justify allowing the septic , tank to be placed 33t inches from the residence and 33t inches from the propertyc' line as opposed to the normal 10 feet in that a septic system was preexisting in the same location and septic pits have not been altered, and in that the property dimensions mace it difficult to achieve a full 10 feet separation between the tank, house, and property line, v: 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 a, 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:` I Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None ry' Absent: Mr. Kurosaka COUNCILMAN MONTESI-Questioned whether the home has a basement and if there had been any problems with the existing tank. MR. HATIN-Noted that the home was on a slab, and because of that, the Building Department does not forsee a problem. .a RESOLUTION TO ADJOURN THE QUEENSBURY BOARD OF HEALTH AND GO INTO THE }' QUEENSBURY TOWN BOARD RESOLUTION NO. 19, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. !t +�k� • '"+ ,fit RESOLVED, that the Rueensbury Board of Health hereby adjourn into regular session of the Al i, Rueensbury Town Board. Duly adopted by the following vote: Ayes: Mr. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos f= Noes: None �a Absent: Mr.. Kurosaka QUEENSBURY TOWN BOARD PUBLIC HEARING - AMENDMENT TO ORDINANCE NUMBER 30 NOTICE SHOWN z SUPERVISOR BORGOS-Anyone here that wishes to comment about the amendment to Ordinance 30? This I believe is the change.in fee schedule, is that correct? There were a couple of fees that were changed since the last time. Particularly the sign permits and the mobile homes, double wides were clarified. g COUNCILMAN MONAHAN-I have a question for Dave. Dave has there been some change in the language here, this one-two family dwelling including modular per one hundred square x feet including septic system. •Was that, including septic system, in there before? :YF r MR. HATIN-On the original adoption, no. That is part of the change you are adopting tonight. COUNCILMAN MOKAHAN---Okay, will you explain that to me. Are we going to measure ` the septic system by square feet and charge for it or is it a case of getting.the septic system for under the square footage? MR. HATIN-Right. That fee is included in the price you pay for the building,permit. COUNCILMAK MONAHAN-Aliright. ISUPERVISOR BORGOS-Anyone else who wishes to speak about the-amendment to ordinance 30? If not we declare the public hearing portion closed and we have a resolution related to _this. ; ItESOLUTION TO AMEND ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS RESOLUTION NO. 448, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Ordinance No. 30 of the Town of Rueensbury and its amendments dated April E:= 22, 1900i .Au August 24 4982 and September 23 1988 provided in Section 5. for fees to be charged ' r g � ��pr r$ in connection with applications for the issuance of building permits and other types of building- related permits, and N 4F x WHEREAS, it appears appropriate to amend the said ordinance Section 5 to establish or increase 0, certain fees, and f WHEREAS, the Town Board of the Town of Rueensbury duly called a public hearing for the consideration of the aforesaid amendment and duly gave notice thereof required by law, and WHEREAS, said public hearing was held by this Town Board of the Town of Rueensbury at the Town Office Building, Bay at Haviland Roads, Queensbury, New York, on the 25th day , of October, 1988 at 7:30 P.M., NOW, THEREFORE BE IT, RESOLVED, that the Ordinance No. 30 of the Town of Rueensbury and amendments dated April 22, 1980, August 24, 1982, and September 23, 1988, be and the same hereby is amended x so that Section 5 shall.read in accordance with the schedule presented at this meeting, a COPY of the same to be annexed to the minutes of this meeting, and BE IT FURTHER 1 ZA RESOLVED, that the said amendment and change will take effect immediately, and q 14( RE IT FURTHER, RESOLVED, that the said amendment be entered in the October 25, 1988 minutes from the Town Board of the Town of Queensbury Board Meeting, and that the Town Clerk publish a certified,copy of the amendment of the ordinance in the official newspaper of the Town and publish such notices as may bc required by law. Duly adopted by the following vote: Ayest Mrs. Potenza, Mr. Montesi, Mrs. Monqhan, Mr. Borgos Noes: None Absent: Mr. Kurosaka REQUIREMENTS FOR OBTAINING A BUILDING PERMIT THE FOLLOWING IS TO BE SUBMITTED WITH BLDG. PERMIT APPLICA13ON: 1. TWO PLOT PLANS Drawn to scale, showing: A. Lot boundaries with dimensions and adjacent road(s) or street(s). B. All existing and proposed structures, with setbacks from property lines. C. Location of existing or proposed water lines and septic systems. 2. TWO SETS OF BUILDING PLANS with elevations and sectional drawings, one,sectional drawiR for each ;oof line. 3. An application for electrical inspection to one of the three electrical inspection companies allowed by the Town of Questisbury to do the Inspections. 4. NEW YORK STATE ENERGY CONSERVATION CODE COMPLIANCE,with complete Information. 5. SEPTIC DISPOSAL PERMIT APPLICATION with complete information. 6. FEE, as per schedule below (Checks to "Town of Queensbury"). 7. BUILDING & ZONING PERMIT APPLICATION, all portions to be'completed.' 20% OF FEE RETAINABLE FOR ANY WITHDRAWN PERMIT NO FEE REFUNDABLE AFTER ONE YEAR ALL CON&MUCTION SHALL CONFORM TO THE NEW YORK STATE UNIFORM FIRE 0 PREVENMI AND BUILDIN43 CODE9 THE NEW.YORK STATE ENERGY CODE AND THE TOWN OF QIJEENOIBURY 7-ONING AND SANITARY SEWAGE ORDINANCES. FEESCHEDULE (all Fees Figured to the nearest 100 Sq/Ft) One/Two Family Dwellings, Including Modular T $12.00 lst Floor Per 100 Sq/Ft (Including Septic System) $10.00 per additional floor Townhouses/Condominiums/Apartments/MultI Dwellings $14.00 lst Floor Per Dwelling Unit, Per 100 Sq/Ft $12.00 per additional,floor (Septic System Included) Commercial/Mereantile/Industrial/Public Assembly/ $15-00 per 100,Sq/Ft PAY, Pare Centers ($3,000 MRximtim Fee) per Floor Garages $25.00 One Car $35.00 Town Car $50.00 Three Car $70.00 Four Car Swimming Pools (Certificate of Compliance included) $35.00 In-Ground �19 4 a ' $25.00 Above Ground Sewage Permit Residential $25.00 y " Carrncial (other than single Family'). $35.00 Docks (Certificate of Compliance included-Dock Only) $30.00 $50.00 Boathouse/Deck Addition/Alterations Commorcial $10.00 per 100 Sq/Ft per Floor Residential $8.00 per 100 S4/Ft u �igt Permits $2.00 per Sq/Ft $35.00 Minimum �4 emporary Sign Permits $35.00 Fee $50.00 Deposit Decks/Porches $8.00 per 100 Sq/Ft $15,00 Minimum Charge Mobile Home Single/Doublewide $6 00 per 100 Sq/Ft i House Moving Permit Before Move $30.00 After Move (if relocated in Town) $50.0 Site Clearing Permit $15.00 (Removal of any material involving acre) Tools & Storage Sheds, Permanent or Portable, Wood or Metal (No Charge for Shed under 101Sq/Ft $15.00 101-240 Sq/Ft (Certificate of Compliance Included) Certificate of:Occupancy Residential $25.00 Commercial $50.00 Temporary Certificate of Occupancy $100.00 Deposit (Expiration to be determined by circumstances) $10.00 Fee i Certificate of Compliance and Use $10.00 Expired Permit Renewal (If not Permit Extension) $25.00 13, Demolition $20.00 Variance Application for Sewage Ordinance $35.00 Flood Plain Permit $25.00 Final Inspection Due to damage caused by fire or natural causes $1000 Solid Fuel Burning Permit and Installation of Chimneys $25.00 1 Special Projects Permit (Fire Marshal Only) $100.00 OPEN FORUM 7:45 P.M. _ °Y MR. HATIN•-Noted that there will be a prepared written report on the Toomey property and presented to the Town Board for the next regular Town Board meeting. j PLINNEY TUCKER-Questioned with the reassessment in the Town of Queensbury, how much +lid it increase our tax revenue? SUPERVISOR B011GOS-Noted that the reassessment went up significantly. The increase in assessed value this year uvet lust year, about eighty million dollars, in assess value higher this year then last year. So we are at one billion, one hundred and some million dollars in }. assessed valuation. MR. TUCKER-But you can't tell me how much the tax revenues increased because of the... E f �rt y a. SUPERVISOR BORG09-1 don't have the number at the tip of my fingers...So what happens is the the amount to be raised would remain the same in a given year. •.What ehanges^is the rate per thousand dollars of,assessed valuation depending.upon the assessed value, when these ` taxes are imposed. We now have the assessed valuation on which to base our tax rate for next year. But you won't be able to say how much extra was raised because.that question can't be answered in quite the way its been asked. In other words, as assessed valuation goes up, the rate per thousand tends to go down, all other things being equal. MR. TUCKER-Sales tax revenues for 1987, do you have that figure? SUPERVISOR BORGOS-For 1987, the number came in just about three million dollars. So far this year we are at two million nine hundred thousand, over our projected saleg t*x-revenue was for this entire year. MR. TUCKER Fourth quarter sales tax, they can't really project and sometimes will end up with a big surplus... SUPERVISOR BORGOS-We are going to be able to project it this year.within:reas6h'jind hopefully before the public hearing of November 10th when we look at the budget we're going to have a very good idea what that is. So we can apply more money to off set the taxes. .T ; udget,, we are going to present tonight shows a;fairly substantial amount of money totbe raised through tax but we fully anticipate that with Increase sales tax revenue and increase "tgoge4axes 3 which have not yet been credited to us, that we'll be able to anticipate what those are gonservatively and reduce the amount of money to be raised by taxes. MR. TUCKER-Concerned with the information that was provided in the paperabdut the emergency situation in the Town of Rueensbury. y; SUPERVISOR. BORGOS-Noted that the fire departments and the emergency squads are`fAced with tremendously increaser:] costs primarily this year because of new construction.• 'Tee fire companies are building new buildings, recommended by an independent report done a year ago. One rescue squad is in dire financial shape because of the split with the ffre company, during the term of the last contract and started their own operation, and a new building With aloe of overhead expenses that they never,had before. So there is one rescue squad,'Chest Glens Falls, that is in very'rough financial shape at the moment. Hopefully with the new ,. contract this should be ironed out within the next couple of weeks, that should be squared " away. MR. TUCKER-Each fire company had a contract with the Town to fight fire anywhere in the Town.- Is that still correct? SUPERVISOR BORGOS-That is correct. - AIR. TUCKER-Why the difference,financially among the different fire companies? SUPERVISOR BORGOS-That is'the only respect in which they differ, in terms of dollars and $Vi cents, otherwise it is a standard form that all the companies agree on. MR. TUCKER-Why the difference in money? E £ SUPERVISOR BORGOS-Locations, fire load or fire risks within those locations. We h '. five fire departments all in one fire district. Within that one district we.have five dtlsignated • , fire response areas. Some of those areas require a great deal more responses per year then others. Where the concentration of people and assessed valuation is, is where the responses are higher. Those groups that respond more frequently need more money to operate, more fuel, more equipment,and more types of;vquipm•ent. MR. TUCKER-Can these buildings be bonded? SUPERVISOR BORGOS-Each fire company is its own corporation. Therefore the are p y p. y for financing those fire houses. Noted that they are eligible for IAA bondipt and the bonds ' would be tax free. MR. TUCKER-How slid these fire companies get into a situation where you've got to double . their income over a one year period? SUPERVISOR BORGOS-'The c*ont-raets that .arg expiring this Uecert'iber were written three years ago, for a three year period with the level payment each of three years. A combination x.;y of inflation, rapid increase in the price of fire apparatus, the change yin OCEA requirements for fire fighting gear, increase in insurance costs, and again the cost_of the new fire,statlon%� x. Al x MR. TUCKER-Is the Town Board thinking of eliminating Bingo at the fire companies? SUPERVISOR ROftGOS4N4y iif they°vvtnt to hold'their O5wn;fund rais'er,y'whatever it may be, they are their/dwitvo r pt on snd`Ahelrhave that riot.,rt MR. TUCKER-Is it the view of the Board to hold surplus to a'minimum? SUPERVISOR BORGOS-That is our opinion, I think. We disagree on what the word minimum means, but I think everybody agrees we shouldn't hold two million, which wo don't pave.. MR. TUCKER-1--feel a little bit better from what.you've told me. s PEN FORUM CLOSED 8:94 P.M. ., ESO►LUTIONS RES016UTI N IM APPROV9,M U'T'ES r, RESOLUTION NUt 449, Inttoduced by Marilyn Potenza who moved for it`s adoption, seconded by Ronald Montesi. RESOLVED, that the Board minutes of September 28, 1988 and October 19,1988 of the Queensbury Town Board are hereby approved: Duly adopted by the following vote: �•I Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO CHANGE MEETING DATE , RESOLUTION NO. 450, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. LHEREAS, the next Regular Meeting of the Town Board is scheduled for November 8, 1988, WHEREAS, November 8th 1988 is Election Day, NOW, THEREFORE BE IT RESOLVED, thatAtko next�ft91 er fleeting of the ' 6Wn'Bo i rd of the'Towri of Queensbury will be held on November 10, 1 988 at 7:30 P.M. at the Queensbury Town Office Building, Bay at Haviland Roads, Queensh-ury, New York 12804. ,x . Duly adopted by the followini-,- vote: t es: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: Node Absent: Mr: Kurosaka RESOLUTION REGARD O PREPARATION AND APOROVAL (YF'PRELIMINIlItfI3fI ET RESOLUTION N0. 451, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. ESOLVED, that this Town Board does hereby prepare and approve as the Preliminary budget the Town for the Fiscal Year beginning on the first day of January, 1989 the itemized atement of estimated revenues and expenditures hereby attached and made a part of this resolution, and be it further I RESOLVED, that such Preliminary Budget shall be filed in the Office of the Town Clerk where ' I it shall 11016 for lnsp tidn by any interested'person at all'teason> Cite hours, and be it further . RESOLVED, that this Board shall meet at 7:30 P.M. on the 106'6' ay of November 1988 at the Queensbury Town Office Building for the purpose of holding a Public Hearing upon such ;i Preliminary Budget, and be It furthers RESOLVED, that the Town Cleric give notice-of such Public Hearing in the manner provided a` in Section 108 of the To L#w,'ml that $uch notice be published and posted'substan#iatly K:`w in the following form: k# li NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY R = FOR THE YEAR 1989 NOTICE is hereby given that ,the Preliminary Budget of the Town of'Querettsbuty;County of Warren, ,hate of New York for the Fiscal Year beginning January, 10989 has been lc�� and filed in the office of the Town Clerk of said Town where it is available for inspection ' by any interested person at all reasonable hours. U k, FURTHER NOTICE is hereby given that the Town Board of said Town of Guefnsbury will meet and review said Preliminary Budget and hold a Public Hearin at 7:30P M. Hearing • .. , an the 10#h day of November 1988 at the Rueensbury Town Office, Building, Bay at4ndviland Roads ti New York, and that at such hearing any person may.be heard in favor or against the Preliutl Budget as complied for or against any item or items herein,contained. AND FURTHER NOTICE is hereby pursuant to Section 108 of the Town Law that the following are proposed yearly salaries of Town Officers of this Town: _ SUPERVISOR $36,000.00 COUNCILMAN $ 7,500.00 TOWN CLERK µ:. " $26,500.00 ' SUPT. OF HIGHWAYS $37,000.00 TOWN JUSTICES (2) $18,504.002 Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos ,r Noess None .. Absent: Mr. Kurosaka ,r 7; is RESOLUTION TO TRANSFER FUNDS RESOLUTION No. 452, Introduced by Betty Monahan who moved for its adoption, seconded by Ron atd Montesi. WHEREAS, certain expenditures must be met, and su i WHEREAS, sufficient funds do not east in the proper account to cover these expenditi 4. dF NOW THEREFORE BE IT i A RESOLVED, to transfer funds from one account to another to cover said expenditures in the following manner: AMOUNT TO FROM E .� 1,500 A2258020412 Planning, Printing A2258020107 PT Clk 200 A2258020420 " Insurance A2258020107 rr n 250 A2258020440 " Misc. Contr. A2258020107 19000 A2258020403 " Postage A225802010? r+ rr 80 A2258020408 ►� Advertising A2258024441 °1 =t . I "iYa: 140 A2258020408 " " A2258020469 " Conf. ,�" Duly adopted by the following votes tel i . Ayes: Mrs. Potenza, Mr. M nV?si, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosska p RR LOTION TO SET Pgp.LTC 414ARING ON PROPOSED AMENDMENT TO LOCAL LA .. -j .. R1 LUTTUBT NO. 453,Introduced by Marilyn Potenza who moved for its adoption,, seconded by Betty M onahan. , WHEREAS, the Town Board of the Town of Queensbury is desirous of amending Local'Law " No. 6, 198$ with respect to procedures and suttaativa guidelines for t he teview and approves Of applications for'subdi-jsion approvals tit *ere spitted pr to the:effective date of the new, amended, and revised honing_ordinance and "visioh regulations adopted by the Town Board of the Town of Queensbury, and WHEREAS, the proposed amendment to Local LaW'No. 6, 1988 has been prspared, a copy. of which is annexed hereto, and WHEREAS, the ra eti e P � Ott LocalA6&w.-No. 8,, 19 , is worthy' ccmaid+eratfon for legislative action, OW THEREFORE `A RESOLVED, that a public,hearing be held concerning the proposed adoption of sai ocal Law and that said ublic .gip g I;g i f . P ,�t1�0e h41d at�.7. , . P-the-meetfdhg.room of the�'10 n of Queensbury Ofh*e llui cti ,.$aye;at, IaViland Road, in the Town oU:90eensbUry, Warren County, -. New Yori�r`tai.tho-iiit da `N`a4111ber, 19,88, at which-time all persons interestedin the subject thereof Ilse heard,`and BE IT FURTHER, { RESOLVED, that the Town Clerk be hereby,directed.and,authorized to publish and provide . notice of said public hcttring as may be required by law. Duly adopted by the following vote: ` Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos N Noes: None ' Absent: Mr. Kurosaka a. RROoLtmom RRT4WW9.'Tl`W MUM=OF APPRAML AftbofA"W,INC. RESOLUTION NO -454, Introduced by Marilyn Potenza who moved for its adoption,.seconded 17EAS,ty Monahan. ..the Town Board o€ the TOWP of}Queensbury is-desirous ofliaving an tap `isal secured from Northeastern Appraisal Associatea, Inc., for certain sewer easements resently being secured by`the Town of Queensbury for the Central Queensbury Quaker Road Sewer District, and WHEREAS, Northeastern, Appraisal Associates, lase.;bias indicated-it would provide such'ap' to sals for an.amount to exceed i5U0.Qq per appraisal, NOW, THEREFORE RESOLVED, that the To",Board of..the Town of Que sbury hereby retains the services of Northeastern Appraisal Associates, Inc., for the u p rpose of obtaining appraisals in connection with sewer district easepagnts elan amount not:toe ceed;$StIQ.dO per apprn#sal, such fee to include an o =site visit' by Northeastern Appraisal Associates, Inc., and a written evaluation and all communications and correspondence concerning said appraisal, and BE IT FURTHER, F 3 RESOLVED, that the bilk€or-services shall be paid from the budgeted account. Duly adopted by the following vote: -Ayes: Mrs. Potenza, Mr. Montesi; Mrs. Monahan, Mr, Borgos s: None Absent: Mr. Kurosaka .' RESOLUTION REGAR N+(3�I ASI�IRNT OVER PI�OMTY N4iD-Al!iD IKAINTAINED BY THE NIAGARA 11=0 WK'CORPO"71ON--IN 1ID8N HILLS SUBDIYI bN RESOLUTION N0.455, Introduced by Ronald Montesi who moved for its adoption, seconded by Mi r>tlyn Potenza. f• 5 n r ' WHEREAS, the Town Board of the Town of Queensbury previously"accepted dedication of Hidden Hills Drive in the Hidden lHlls-Subdivision, and r WHEREAS, such road, as did other roads in said subdivision, crossed property owned by the Niagara Mohawk Power Corporation, and a WHEREAS, at the time of dedication, it was understood that crossing rights would be secured from Niagara Mohawk Corporation and the same granted to the Town.9f Queensbury,and ;, ,, x a hold harmless agreement was executed by Michael G. and Ralph B. Wo6dbury;an4 t WHEREAS, an agreement providing for said crossing rights is presented at this meeting, a° ; NOW, THEREFORE BE IT ` N tC RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreem,± providing an easement to the Town of Queensbury, which easement allows the.Town of Qom. to maintain the said Hidden Hills Drive over property owned and maintained by the Niag m . �- Mohawk' Power Corporation, and Ert BE IT FURTHER a=" RESOLVED, that the Town Supervisor is hereby authorized to execute said agreement on :ug Ic behalf of the Town of Queensbury. Duly adopted by the following votes Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None _ Abseut: Mr. Kurosaka I RSOLUTION TO WASLtOR A CAPITAL 1 RSURVF ACCOUNT POR THE CL©SU101 Ott r TOWN OF QUEENSBUR.Y -'CITY OF GLENS FALLS LANDFILL RLt 'it`lt1N NO.456, Introduced by Betty Monahan who moved for its adoption, seconded A w by'Ronald ootes . ''WHEREAS, THE New York State Department of Environmental Conservation has indicated that it will be necessary to cic!ie the Town of Queensbury City of Glenn Falls land fiYi w^ftfiin the next few years, and WHEREAS the Town Board of the Town of Queensbury is desirous of establishing a capit al ' r reserve account for,the purposes of financing the costs incidental to abandonment and eloauwe, if necessary, of the Town of Queensbury - City of Glens Falls Landfill, such costs to include legal fees, � g printing, engraving, and:publication of legal notices, engineering expenses and j) ), associated costs including filling, drainage, fences, roadways, water monitoring, and buildings r appurtenant or incidental'thereto, and.any other construction or land acquisition which may be necessary or required by law or regulation to close and abandon said landfill, and WHEREAS, such capital reserve account is provided for in CLS General Municipal Law, acticfn fi .. : : { r TOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a capital a reserve account to be numbered 11-46 for the purposes of financing in at least {tart;the cost incidental to abandonment and closure, if necessary, of the Town of Queensbury - City,of Glens Falls Landfill, such cost to include legal fees, printing, engraving and publication of f legal notices, engineering expenses and associated costs Including filling,ng,drainage, fences,... roadways, water monitoring, and buildings appurtenant or incidental thereto, and any other` 5, ° construction or land acquisition that may be necessary or required by law or regulation to °. ' close the said Landfill, and BE IT FURTHER, �4 RESOLVED, that the e0tifnate4&Axinmum cost anticipated by the Town Board of the Town of Queensbury, at the present time, is between $4 million and $8 million dollars and it is the part of,the intent of the Town Board to accumulate in the Capital Reserve Account at least y funds necessary to close the said landfill, and f` 1: Y-; - - in V3 r N# BE IT FURTHER, r= RESOLVED, that the monies 6C the funds shall be deposited in one or-more banks trr trust � companies dest bed, in a manner provided by law,,as #,Q�ri ef-funds"for the Town of Ruee lfie'monies of such.,funds.so deposited.shall br' keptin a 96060at+e bank account, and ' BE IT FURTHER, RESOLVED, that the funds deposited in the capital reserve fund;may be invested£putsuatit . . to the provisions of CLS General Municipal Law Section 6-f, and IT FURTHER, :SOLVED, that expenditures from the capital reserve fund shall be by Town Board Resolution and in accordance with CLS General Municipal Lary,Section 6-C,:and BE IT FURTHER, RESOLVED, that this resolution shall be subject to permissive referendum as set forth in m CLS General Municipal Law Section,6-C and the.Town-Clerk is directed to post and publish �$ a notice wfik. shall set'forth thee date of the adoption of(this resolution in accordance with �r Article 7 of the Town Law of the State of New York. � Duly adopted by the"following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kur+ lka , ., . . : . RESOLUTION APPROVING PAYMENT TO ELECTRICAL CONTRACTOR RESOLUTIQN NO. 457, Introduced by Betty Monahan who moved for its adoption, seconded # by Ronald Montesi. p €. EREAS, Russell Brown Electrical Contractor, Inc., has recently performed electrical work a he Town Office Building#and Activities Center, pursuant to Russell Brown Electrical Contractor, # ., Invoice Number 1987, in the amount of $5,278.45, and WHEREAS, Mr. Peter Brault, Superintendent of Build' amcl Qtwunds has indeated that : k the electrical work has been completed and is functional, NOW, THEREFORE Ill; IT ;. RESOLVED, that the Town Board,.of the Torn of 4 t %bury herd authorizes and approves payment to Russell Brd.w6 i E eCt*tal. a�ttt�ractor. ti!C.,in.the amount of $5,•27g.45,-pursuant to Russell Brown`'l l + t ica� C`Of' Ct., l cot Invoice.Np,.•,:19,87, for additional electrical work performed at the lowt�'t5 6f 4 Building and Activities Center,"and " BE IT FURTHER, ' RESOLVED,that the Town Supervisor of the Town of Queensbury is hereby authorized to forward payment to Russell Brown Electrical Contractor, Inc., for services rendered, such t payment to be made from the budeeted account. Duly adopted by the foil" c�otei r Ayes: Mrs. Potenza, Mr. M + sip Mrs. Monahan, Mr. BQrgos. ts None nNe •. �nt: Mr. Kurosaka RESOLUTION TO ACCEPT RESIGNATION RESOLUTION N0,459, tntrodu�ed by 4arilyn Pote'nza who moved..for its adoption, seconded by Ronald Montesi.' . WHEREAS, James White, a member of the Board of Directors of the Rueensbury Economic Development Corporation, has submitted a letter of resignation to the Board, #IDS 4� NOW, THEREFORE BE IT �s a RESOLVED, to accept with regret and g appreciation of the fine work he h� done for the.G the resignation of Mr. James.White from the Board of Directors of the Queensbury Economic Development Corporation, effective October 13, 1988. Duly adopted by the following vote: r s Ayes: Mrs. Potenta, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka A RESOLUTION TO APPOINT ZONING BOARD OF APPEALS MEMBER MLU710M NO. 459, Introduced by Betty Monahan who moved for its adoption, seconded r , by Ronald Montesi. ` WHEREAS, there is presently a vacancy on the Zoning Board of Appeals for the Town"of Qtteensbury � due to the resignation of Gustave Behr, whose term was due to expire September 14, 1990,` and WHEREAS, the Town Board pursuant to the Town Law Section 267 has the Authority to fill the vacancy created by the resignation of Gustave Behr, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury,hereby appoints Joyce Egg l, stop of Queensbury to serve as a member of the Zoning Board of Appeals for the remainder of the term of Gustave Behr which is until September 14, 1990. Duly adopted by the following vote: .. Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 5 Noes: None ? ",,--Absent: Mr. Kurosaka RESOLUTION AUTHORIZING RELEASE OF MORTGAGE � R118Ot,IT' 'ItIN NO. 460, Introduced by Ronald Montesi who moved for its adoption, second+ied by MA yn otenza. ; ,i WHEREAS, the Town of,Queensbury presently holds a mortgage against certain premises in the Burnt.Ridge Subdivision owned by CORE, Inc., as security for'payment due in corinee # V' wE ith the eapital contribution charge owed by the developers for creation of the Water bistJrf in that subdivision, and r WHEREAS, LOBE, Inc., has requested that the Town of Queensbury execute.a partial release of that mortgage, pursuant to agreement dated March 18, 1986, , NOW, THEREFORE BEIT s. = RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the executipn, fi of the partial release of the aforesaid mortgage, such release only to affect all fhit certain ;. pieee or parcel of land shown and designated on map of "LOBE, Inc. Burnt Ridge's filed in 2;r' the Warren County Clerk's Office on May 13, 1986 in plat cab. A -slide 3$9 and therein referred to as lot no. 17, and the Supervisor be and hereby is authorized to execute such release, the original of which is presented at this meeting, and BE IT FURTHER RESOLVED, that the executed release shall be held by the Town Attorney until such time a t � that a letter is received from the developer's attorney stating the number of lots remaining in the subdivision subject to mortgage and the total amount of liens presently holding,a priority to the mortgage of the Town of Queensbury. # t . 'Duly adopted by the following vote: r` - k `�s ; Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION ESTABLISHING PUBLIC HEARING ON OLD MILL LANE REGARDING DESIGNATION OF ONE-WAY TRAFFIC RESOLUTION NO. 461, Introduced by Marilyn Potenza who moved for its adoption; seconded by Betty Monahan. E RE AS, the Town Board of the Town of Queensbu -.after considering-site distance, road nditions, comments made by a local resident, and Planning Board Review, considers it in interest of the health,safety* and welfare of the pneral.public to design4te Old Mill Lane, located off of Dixon Road, for one-way traffic, such road being more specifically described: on a subdivision map filed at the County Clerk's Office on June 27, 1986, in cabinet A, slide 13, and WHEREAS, the Planning Board for the Town of Queensbury has approved a subdivision known as the Dixon Heights Subdivision subject to the designation of Old Mill Lane for one-way traffic, and WHEREAS, the Town Board may, pursuant to the Town Law of the State of New York Section 130 and the Vehicle and Traffic Law Section 1660 of the State of New York, may designate :r Old Mill Lane for one-way traffic, NOW, THEREFORE BE IT RESOLVED, that pursuant to Section 130 of the Town Law of the State of-New York, a public . hearing on the propoW TPW .OrArwnce to designate 4al0.Mill Lane for one-wall traffic in . the Town of Queensbury, be held on the 106 day of November, 1988 at,7:30 P.M., at the meeting room of the Town Office Buildings for the Town of Queensbury, Bay at Haviland Roads, Queensbury, .New York, and that notice of the time and place of suet heating,deseribo " in general terms the proposed �,rdlmince, be published once in accordance with the Town Law of the State of New York. E lly adopted by the following; vote:es: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka x COMMUNICATIONS LTR-DOT - Dream Lake Road, lower speed limit.to 30 m.p.h.­ on file , West Mountain Villages Inc., Supplement to the DEIS submitted October 21, 1988 - on file RESOLUTION TO APPROVE SPECIAL AUDIT RESOLUTION 462, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Special Audit,of October 25, 1988 numbered 2818.and totaling $5,278.45' hereby be approved. Duly adopted by the following vote: es: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos z ,,)es: None Absent Mr. Kurosaka RESOLUTION TO ENTER EXECUTIVE LION RESOLUTION Nit, Introduced by Betty Monahan who moved for its adoptof:, seconded by Ronald Montesi. r - ti j RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive lesion to discuss litigation, personnel, and to retain professional services. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: M�. Kurosaka r tia " ` RESOLUTION TO COME BACK INTO REGULAR SESSION d € y Marilyn y n, seconded R' OLU'fI�'!N NO. 464, Introduced .Ronald Montesi who moved for its adoption, b Maril n Potenza. r RESOLVED, that the Town Board of the Town of Queensbury hereby move back into regular .fi session. Duly adopted by the following voter Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes; None rr� Absents Mr. Kurosaka RESOLUTION TO RETAIN PROFESSIONAL SERVICES RESOLUTION NO. 46S, Introduced by Ronald Montesi who moved for Its adoption, secbhftd Sy Mar.lyn 'otenza, WHEREAS, Engihiering services are necessary to assist In the construction of a park to°b+a N � located at the Hovey Pond, f_ f NOON, THEREFORE BE IT RESOLVED, that the Town Board hereby authorizes the Town Supervisor and Councilman � `Mo ntesi to secure the services of Rist-Frost Associates, P.C., at an amount not to exceed ' ti $10,000.00 to provide professional engineering services, to provide finishing grading plan, drainage design, silt removal, silt retention, silt filter fabric material, at Hovey Pond all �= to be in compliance with Department of Environmental Conservation standards and a presently ; -rued permit from that department. ' .. t Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos rtd Noes: NoneE F . Absents Mr. Kurosaka IRRESOLUTION APPROVING SETTLEMENT OF TOWN OF QUEENSBURY VS. TIMOTHY J. MADISON �LUVMN NO. 4660 Introduced by Betty Monahan who moved for its adoption, seconded by'Ronald Montesi. Aa WHEREAS, in accordance with resolution no. 303 passed on July 21, 1988, the Town Attorney, on behialf of the Town of Queensbury commenced an action against Timothy J. Madison for, damages to a fence located at the Mt. Hermon Cemetery as a result of an automobile collision with the same, and WHEREAS, the Town Attorney for the Town of Queensbury advises that following the commenceMer►t` r, of the lawsuit,.negotiations occurred with Utica Mutual Insurance Company, the insurance Carrier for Timothy J. Madison, and as a result of those negotiations and as a result of an estimate of repair provided by National Welding Company, the Insurance Carrier for Timothy J. Madison has offered to settle the said claim'for an amount of $2,256.64, and WHEREAS, the amount offered will cover,the complete casts of repairing the fence`which has been estimated to be an amount of.$564.16. per section in a letter dated,October 16, f i 1988 provided from National Welding Company, the original which is presented to this meeting and will become a art of the permanent records of the'Town of p Pe Qlsbu;y;and WHEREAS, it is believed to be in the best interest of the Town of Queensbury to accept said offer of $2,256.64 in full settlement of the claim without further or additional cost and expenses, NOW, THEREFORE BE IT RESOLVED, that the proposition of settlement made by the Utica Mutual Insurance Company on behalf of Timothy J. Madison, to pay the total sum of $2,256.64, in full settlement of the aforesaid fence damages, be and it is hereby accepted, and BE IT FURTHER r.' K RESOLVED, that the Town Supervisor of the Town of Queensbury be authorized and he is hereby directed to execute settlement documents on behalf of the Town of Queensbury as may be necessary. ' Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None absent: Mr. Kurosaka AF RESOLUTION TO RETAIN ENGINEERING - ARCHITECTURAL SERVICES- RIST-FROST ASSOCIATES, P.C. RESOLUTION NO..467, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Attorney has-advised the Town Hoard of tbo-Town.of Queensbury that 'F there is a need to retain engineering and/or architectural services to assist in the drafting of a set of bidding, notices, provisions and associated documents, for several projects presently pending it the Town of Queensbury including the State Police Building presently planned for LJcon and WHEREAS, Rist-Frost-Associates, P.C. has offered to assist in the development of such notices, provisions, and associated documents at an amount not to exceed $1,500.00 total, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby retains Rist-Frost Associates, P.C. to draft, develop, and create at an expense not to exceed$1,500.00, bidding, notices, provisions, and associated documents for the Town of Queensbury that may be used from time to time as needed for various projects in the Town of Queensbury. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos a } Noes: None k Absent: Mr. Kurosaka RESOLUTION TO RETAIN OUTSIDB COUNSEL ' RESOLUTION NO.-468, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Attorney advises the Town Board of the Town of Queensbury that there. a need to retain special legal counsel in connection with the trial of the matter of the Town and of Queensbury vs. Keith L. Harris and associated actions, which is presently scheduled x for November 17, 1988, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to contract with and hire special counsel, Peter A. Firth, Esq., of LaPann, Reardon, Morris, Fitgerald and Firth, P.C.,to t-eiresent the Town of Queensbury in connection with the matter- a A q "of,the Town Board of the Town of'�nsbury vs. Keith L. Harris and associated ntstiot►s, ` r t a hourly rate not to exceed $ilii,tl4 per hour for preparation attd trial Lfine, and r. BE IT FURTHER RESOLVED, that this shall be paid from the budgeted account. Duly adopted by the following vote: k Ayes: Mrs.Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos .x .. Noes: None $ a 4 Absent: Mr. Kurosaka `; . On emotion, the meeting was adjourned. > d RESPECTFULLY SUBMITTED, of 4 DARLEEN M. DOUGHER ` TOWN CLERK M1' TOWN OF QUEENSBURY , p' �e LLd of Mfr ' z, Y'„ d6