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1988-12-13 SO l w TOWN BOARD MEETING S07 DECEMBER 13, 1988 4:00 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenzo Councilman Ronald Montesi Councilman Betty Monahan Paul Dusek-Town Attorney MEMBERS ABSENT Councilman George Kurosaka `PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA RESOLUTION CALLING FOR QUEENSBUR Y BOARD OF HEAL TH RESOL UTION NO. 538, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Po ten za, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka O.UEENSBUR Y BOARD OF HEAL TH RESOL UTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 24, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Alonahon: WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Gary Holtz, has applied to the Local Board of Health of the Town of Queenshury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.030(D), such standard referring to Table I of Appendix A and providing among other things as follows: WASTEWATER WELL OR TO STREAM DWELLING PROPERTY LAKE GEORGE SOURCES SUCTION LAKE OR LINE AND TRIBS. LINE (a) WATER COURSE ++ It ++ it It Absorption 100' (b)* Field n It , *(b) Sewage disposal systems located of necessity upgrade in the _general path of drainage to a well shall be spaced 200 feet or more away. WHEREAS, Gary Holtz has indicated a desire for a variance, requesting that there be a 70' separation between the well and the absorption field, NOW, THEREFORE, PE IT RESOL VED, that the 1.ocal Board of Health for the Town of Queensbury will hold a public hearing on December 27, 1988 at 7:30 P.M. at the Queenshury Town Office Building, Bay at Haviland Roads, Town of Queensbury, Warren County, New York, to consider the application for a variance of Gary Holtz for a separation of 70' between the well and ghsorption field instead of the 100 feet separation presently required under the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, on property situated on Sullivan Road, Queensbury, New York, and bearing a tax map no. of Section 38, Block 1, Lot 12, and at that time all persons interested in the subject thereof, will be heard, and BE IT FUR THER RESOL VED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None J Absent: Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITAR Y SEWAGE DISPOSAL QRT)INANCE RESOLUTION NO. 2.5, Introduced by iltr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty AMonaho n: WHEREAS, the Town Board of the Town of Oueensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Lake George Realty Trust has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.030 (D), such standard referring to Table I of Appendix A and providing among other things as follows: WASTEWATER WELL OR TO STREAM DWELLING PROPERTY LAKE GEORGE SOURCES SUCTION LAKE OR LINE AND TRIBS. LINE (a) water course " " rr ►r n n_.. i Septic Tank " ( l0' 10' " WHEREAS, Lake George Realty Trust has indicated a desire for a variance to place a septic tank which varies from 17" to 38" (per the attached drawing) from the foundation of the dwelling to the septic tank, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on December 27, 1988, at 7:30 p.m., at the Queensbury Town Office Building, Bay at Haviland Roads, Town of Queensbury, Warren County, New York, to consider the application for a variance of Lake George Realty Trust for a separation varying from 17" to 38" from the foundation-of the dwelling to the septic tank, on property situated off of Hanneford Road, Pilot Knob, Queensbury, New York, and bearing a tax map no of Section 19, Block 1, Lot 9, and at the time all persons interested in the subject thereof, will be heard, and BE IT FURTHER RESOL VED, that the Town Clerk of the Town of Queensbury be and is hereby directed and author d when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka -- DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN- Questioned who is the owner of the Lake George Realty Trust... MR. JEFFREY TENNANT-It is a group of six individuals. COUNCILMAN MONA HA N-Asked that the names of the individual home owners be left with the Building Dept. MR. JEFFREY TENNANT-Explained that the lot had o home on It that was burned in a fire, it has been torn down, noted that the old septic tank was under the house ... COUNCILMAN MONAHAN-Asked that the following information he made available for the public hearing...where the neighbors septic tanks are, if there are any wells in the area, we `— need to know the distance between the wells and the septic tanks... MR. JEFFREY TENNA N T-Noted that several residences get their water from the lake. COUNCILMAN MONAHAN-You are going under the road? Have you gotten the permit? MR. JEFFREY TENNANT-If we get the permit, when and if you give the variance. DEPUTY HIGHWAY SUPT. RICK MISSITA-If you are not going to pass it, I will not allow it. Noted that the road will be cut... COUNCILMAN MONAHAN-We need a letter from you that you will allow it if the variance is passed. SUPERVISOR BORGOS-Asked that the depth of the well is listed. TOWN ATTORNEY PAUL DUSEK-Regarding the ownership of the property, who's name is actually on the deed to the property? MR. TENNANT-Lake George Realty Trust. TOWN ATTORNEY PAUL DUSEK-Is that a corporation partnership? MR. TANNANT-It is a limited partnership. RESOL UTION TO ADJOUR N AS QUEENSBUR Y BOARD OF HEAL TH RESOLUTION NO. 26, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Pote izo: RESOL VED, that the Queensbury Board of Health hereby adjourns. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka QUEENSBURY TOWN BOARD PUBLIC HEARING- Reservoir Park- Notice Shown and Posted. Supervisor Borgos-This is a public hearing to discuss the situation at the Reservoir Park Sewer Dist. where it was determined that there was a great deal of effluent on the surface of the ground it as not being properly filtered into the ground. We had met as the Board of Health and as the Town Board and declared an emergency and the public nuisance and what ever else we had to do and determined to fix it. We have done a fix and it,seems to be working, it may be a temporary thing and then be hooked up to sewers at some future time but it has been done, we need to hold a public hearing related to what has been done and to the payment of the bill to do the work. Asked for public comments...none were heard;..hearing Closed. RESOLUTION REGARDING RESERVOIR PARK SEWER DISTRICT RESOLUTION NO. 339, Introduced by Mrs. Marilyn Po ten za who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Reservoir Park Sewer District was experiencing septic system failure earlier this year and the Town 3oard of the Town of Queensbury by resolution no. 394 found that the said septic system failure was an emergency situation, that immediate action was necessary to repair of the Reservoir Park Sewer System and the said sewer system has now been repaired and the cost of repair is $25,360.00 and a bill for services rendered has been presented for payment, and WHEREAS, the Town Board of the Town of Oueensbury duly adopted a resolution on the 29th day of November, 1988, calling for a public hearing to consider said payment request and to hear ail persons interested in the subject thereof concerning the samP,at the meeting room of the Town Office Building, Boy at Haviland Roads, Queensbury, Warren County, New York, on the 13th day of December, 1988 at 4:00 p.m. and WHEREAS, notice of said public hearing was duly published and posted in a manner provided for by law, and proof thereof has been submitted to the said Town Board, and WHEREAS, the public hearing was duly held at the time and place aforesaid, for all persons interested to be heard, and WHEREAS, this action under consideration by the said Town Board is designated a Type 11 Action under the general regulations of the Department of Environmental Conservation, and as such j does not require a State Environmental Quality Review Determination of Significance, Environmental Impact Statement, or Findings Statement, and i M WHEREAS, the Town Board of the Town of Queensbury has duly considered all matters required by law, i NOW, THEREFORE BE IT j RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, as follows: I. based on all of the evidence presently before the sold Town Board, it is hereby found and determined to be in the public interest to provide for and pay for the aforementioned i septic system repair at a cost of $25,360.00 and that the payment of the same, in a manner the Town Board deems proper is hereby authorized. 2. this resolution shall take effect immediately Duly adopted this 13th day of December 1988, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka OPEN FORUM 1 COUNCILMAN MONTESI-Spoke to the Town Board in regard to Capital Reserve Projects for the upcoming year in the Recreation Dept....lights at the school, Hovey Pond, Ridge Road and j Gurney Lane etc. Noted that some projects such as Phase ll at Ridge Road will need engineering...the recreation commission would like to know do you wish the Recreation Commission and Harry to draw up the spec's of what the engineers will be bidding on and send the invitation out and interview those firms ai)d make a recommendation to the Town Board...if you do, they are willing � to handle that and Board members would be involved in the interviews. An engineering firm will also have to be hirc�f regarding the plaster Plan...do you want the Recreation Commission to handle those things and the Town Board make the final decision? SUPERVISOR BORGOS--1 personally would like to see a proposal prepared, and have interviews with three or four firm.,,... i COUNCILMAN MONA HA N-Asked that the Board be made aware of first, what you are going to ask the firms to bid on, what Phase lI consists of, what is the planning of what is going on... also that the master plan is dovetailed into the proposed projects. COUNCILMAN POTENZA-We have got to start somewhere..the recreation commission is stepping in and doing the leg work and not making the final decisions...I agree that the development of the park should be dove tailed into the Master Plan. COUNCILMAN MONA HA N-Before the requests _go out I would like to see what they want the engineers to do and approve that end of it first. J-13 t SUPERVISOR BORGOS-We will ask the Recreation Dept. to do that and send it to us. COUNCILMAN MONTESI-We will have Harry and the Recreation Commission do that specifically tell us what they are looking for in Ridge Road Phase Il and the verbiage could then constitute what we are going to go to bid with. I just think one of the things that they feel they would like to do is to be part of the process of selecting or helping us select whether we do all of the interviewing and one of them or the Chairman or Harry is involved in it that is all they are looking at is lets be part of the team. COUNCILMAN MONA HA N-Requested that the Board review what will be in Phase ll of the development and see what the neighborhood wants... COUNCLMAN MONTESI-The Recreation Commission has highlighted certain items such as in the Gurney Lane Recreation Area, new road way, parking lot and entry way blocktopped, $80,040 for this year...we mould like to have that done in April.....also ampitheater in the area has been considered and would like the feeling of the Town Board on that... COUNCILMAN MONAHAN-In some of the work you may want to go to a construction firm to do the proposal and everything. SUPERVISOR BORGOS-I f we can do that legally, we will check on that... COUNCILMAN MONTESI-Regarding the Master Plan do you feel the Planning Dept., perhaps the Planner or Assistant Planner the Town Board and or maybe a representative from the Recreation Dept. will be doing the interview and who will do the specs for the Master Plan? SUPERVISOR BORGOS-1.would think the Recreation Commission would give us a recommendation... COUNCILMAN MONAHAN-But i think again that, that is probably through the Planning Dept.because that is where their expertise lies. SUPERVISOR BORGOS-The Recreation Commission would do something give it to the Planning Dept....and when it,seems to be ready bring it to the Town Board and we will take a look at it. Noted that we will call for a Special Meeting on Friday 3:00 P.M. regarding resolutions on Fire Protections and Emergency Contracts... f RESOL UTIONS RESOLUTION CONCERNING PRESERVATION OF TAPE RECORDINGS RESOLUTION NO. 540, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting a policy with respect to the length of time that tape recordings of public meetings and hearings will be retained, NOW, THEREFORE BE IT RESOL VED, as follows: I. Tape recordings of all Town Board regular and special meetings shall be preserved until such time as the Town Board of the Town of.Queensbury has officially approved the minutes of the meeting for which the tape recordings are so preserved, thereafter, the tape recordings may be erased or destroyed. 1. Tape recordings of special, regular meetings or public hearings related to Planned Unit Development Applications or anything pertaining to subdivisions shall be permanently retained and not destroyed or erased. 3. In the event that a request is made under the Freedom of Information Laws of the State of New York. For access to any tape that has not yet been erased or destroyed, such tape shall not be erased or destroyed until such time that the request has been honored by the L _ appropriate governing body or legally refused in accordance with the Freedom of Information Lows of the State of New York. 4. The Zoning Board of Appeals and Planning Board of the Town of Queensbury are hereby encouraged to establish policies relating to the preservation of tape recordings, consistent with the policy hereby set forth by the Town Board of the Town of Queensbury. Duly adopted this 13th play of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka Councilman Monahan-requested that tapes pertaining to subdivision be retained. (Agreed to by the entire Town Board) SUPERVISOR BORGOS-Asked that the Press note that we are in need for a substitute crossing guard in front of the Queensbury School if any one was interested please call my office. RESOLUTION AUTHORIZING PURCHASE OF THREE (3) TON CRANE BY HIGHWAY DEPARTMENT RESOLUTION NO. 541, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza WHEREAS, Paul Naylor, Superintendent of Highways on behalf of the Town of Queensbury, is desirous of purchasing of three (3) ton crane for the sum of $600.00 from Donald V. Beebe, and WHEREAS, Section 142 of the Highway Law of the State of New York requires that the Town Board of the Town of Queensbury approve of said purchase, and WHEREAS, in accordance with Article 18 of the General Municipal Law of the State of New York, the Town Highway Superintendent and Donald V. Beebe have disclosed in writing that Donald V. Beebe is an employee of the Town of Queensbury Highway Department and is,'as set forth above, the owner of the crane proposed to be purchased, and as such, is interested in this sale, and t ' WHEREAS, the Superintendent of Highways, Paul Naylor has informed the Town Board by memo dated December 5, 198,, that the purchase of said crane will save the Town of Queensbury a sum of money as opposf:�d to ;vying the same from another vendor, NOV THEREFORE B1: IT RESOL VF_D, that the Town Board of the Town of Queensbury approves and authorizes the purchase of a three (3) ton crane by Paul Naylor, Superintendent of Highways, with the payment of the same to be from the budgeted account of the Highway Department, upon the submission of a properly completed voucher. Duly adopted this 13th day of December 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING CORRECTIVE EASEMENT FOR MAPLE DRIVE IN THE HIDDEN HILLS SUBDIVISION RESOLUTION NO. S42, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, on August 9, 1988, by resolution no. 330 the Town of Queensbury previously accepted an easement from Michael G. Woodbury and Ralph B. Woodbury over lots 35 and 56 in the Hidden Hills Subdivision in the Town of Queensbury, New York, and WHEREAS, the Town Attorney for the Town of Queensbury has advised that it is desirable and necessary to correct said easement due to the lack of a notary signature and stamp, and a proposed, corrective easement is presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to execute the annexed corrective easement and the Town Attorney for the Town of Queensbury is hereby authorized and directed to file the same with the Warren County Clerk's office. it's— Duly adopted this 13th day of December, 1988, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION SETTING PUBLIC HEARING ON RECREATION FEE RESOL UTION NO. 543, Introduced by Mrs. Marilyn Potenza, who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury previously amended Local Law No. 6 and provided for the reservation of the sum of$500.00 in lieu of recreationareas in subdivisions as.0 condition precedent to site plan approval, and WHEREAS, in addition to amending the Local Law, the Town Board desires to establish the amount of recreation fees to be paid in lieu of land set aside for recreational purposes pursuant to Article 7 paragraph B (3), of the subdivision regulations, and WHEREAS, the Town Board of the Town of Queensbury deems it proper and appropriate to conduct a public hearing relative to the some, NOW, THEREFORE, BE IT RESOL VED, that a public hearing be held concerning the amount of recreation fees to be paid in lieu of land set aside for recreational purposes pursuant to Article 7 paragraph B (3) of the subdivision regulations and that said public hearing be held on December 27, 1988 at 7:30 p.m., in the meeting room of the Town of Queensbury Office Building, Bay at Haviland Road, in the Town of Queensbury, Warren County, New York, at which time all persons interested in the subject thereof will be heard, and BE IT FUR THER i RESOL VED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law. i Duly adopted this 13th day of December, 1988 by the following vote: Ayes Mrs.'Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION A UTHOii1ZI vG THE ISSUANCE OF $25,360.00 SERIAL BONDS OF SAID TOWN OF QUF_ENSBURY TO FINANCE THE COST OF REPAIR TO THE SEWER SYSTEM OF THE RESERVOIR PARK SEWER DISTRICT RESOL UTION O. 54n, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, pursuant to the provisions of section 202-b of the Town Law of the State of New York and more particularly a final resolution of the Town Board of the Town of Queensbury duly adopted the 13th day of December, 1988 it has been determined to be in the public interest to provide for the pay for the repairs to the septic system of the Reservoir Park Sewer District in the Town of Queensbury, Warren County, New York, and WHEREAS, it is now desired to authorize payment of said repair and the financing thereof, and WHEREAS, this action for which this funding is proposed is designated as Type ll under the general regulations of the Deportment of Environmental Conservation and as such does not require a State Environmental Quality Review Determination, Environmental Impact Statement, or Findings Statement, NOW, THEREFORE BE IT RESOL VED, by the Town Board of the Town of Queensbury, as follows: SECTION I. The specific object or purpose to be financed pursuant to this resolution is the repair of the Reservoir Park Sewer System. SECTION 2. The cost of such specific objector purpose is $25,360.00, and the plan for the financing thereof is issuance of $25,360.00 serial bonds hereby authorized to be issued pursuant to the Local Finance Law. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein autf;ori-cd will exceed five years. It is hereby determined that pursuant to §35.00 (b) of the Local Finance Law that this bond resolution is not subject to permissive referendum. SECTION 4. The faith crud credit of said Town o pledged for the payment of the principal of and inQueensbury, erest on such bonds oas�the same respectively become due and payable. There shall be annually a p Y lots and parcels of land within said Reservoir Park Sewer District which the upon the several Town Board shall determine and specify to be especially benefited by the improvement, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. SECTION 5. Subject to the provisions of the Local Finance Law, power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms; form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. This resolution is not subject to permissive referendum. Duly adopted by the following vote: Ayes: Mrs, Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None { Absent: Mr. Kurosoka RESOLUTION OF INTEREST IN EXPLORING THE ESTABLISHMENT OF A RECYCLING CENTER RESOLUTION NO. 545, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is interested in exploring the possibility of locating a County Recycling Center at the Town of Queensbury-City of Glens Falls Landfill, f , NOW, THEREFORE BE iT RESOL VED, that the Town Board of the Town of Queensbury supports the concept of locating a County recycling facility at the Town of Queensbury-City of Glens Falls Landfill on Ridge Road In the Town of Queensbury, and wishes to negotiate with the Office of Planning and Community Development of the County of Warren, a number of items, including, among other things, the term of the lease and monetary compensation, if any, together with other concerns that my develop concerning that may develop concerning he site o said recycling Y g f Y 9 facility,. and BE IT FURTHER, RESOL VED, that this resolution is not intended to create any contractual or legally,- bindin obligations on the Town of Queensbury but to merely express a desire to negotiate. g Duly adopted this 13th day of December, 1988, by the following vote: i Ayes: Mrs. Potenza, Mr. Atontesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosoka RESOL UT/ON OF IN TEN a T'O RE-ESTABLISH SEWER DISTRICT BOUNDARIES RESOLUTION NO, 546, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded si 7 • _ _. by Mrs- Marilyn Potenza: WHEREAS, there are a number of residents who are presently located Within and a part of the Central Queensbury Quaker Road Sewer District who are presently hooked-up to the City of Glens Falls Sewer District and paying for said hook-up, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of intent to re-establish district boundaries such that the properties listed below already connected with the City of Glens Falls Sewer District remain so connected and are removed from the Central Queensbury Quaker Road Sewer District as non-benefited properties. The property f addresses of the properties subject to this resolution are as follows: 1. 6 Fort Amherst Road, 2. 10 Fort Amherst Road, 3. 12 Fort Amherst Road, 4. 16 Fort Amherst Road, 5. 18 Fort Amherst Road, 6.,-4 Patton Drive, 7. 9 Patton Drive, 8. 23 Mountain View, 9.319 Ridge Road. Duly adopted this 13th day of December, 1988 by the following vote: Ayes: Mrs. Potenza, A,'r. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosako SUPERVISOR BORC OS-This goes back to the sewer problems of last January and February ...the intent is that this will be effective immediately so that these people will not be billed for sewer charges in January...Sewer Charges last year went out in the form of an ad valorem tax, this year the sewer charges will appear as they should as sewer use fees they are not part 1 of the tax levy in January. We will be having to conduct a public hearing in a month or so that separate sewer bills will go out not with the County Tax but a little bit later time in January but as soon as possible. We expect to do a press release within the next week indicating what the process is proposed to be. COUNCILMAN MONA HA N-Steve will these people get a refund on the tax that they have already paid? SUPERVISOR BOR GOS-The opinion of the Attorney is ... PA UL D USEK-I f they are not benefited properties I think you almost have to issue them a refund... this is only the first step of basically two more step process there has to be a resolution boundaries. setting a public hearing there has to be a public hearing and then a resolution amending the district COUNCILMAN MONTESi-A great deal of credit for the research on this should go to Mike Shaw and Thomas Flaherty... RESOLUTION TO INCREASE CEMETERY RATES EFFECTIVE JANUARY 1, 1989 RESOL UTION NO. 547, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board has received a request from the Cemetery Commission to increase i the rate schedule for the Pine Crematory, NOW, THEREFORE, BE IT RESOL VED, that the rate schedule be increased as follows: For Cremation, administration and recording fee:. $140.00 Adult $ 90.00 Child(age 13 months to 12 years) $ 50.00 Infant (stillborn to 12 months) and, BE IT FURTHER RESOLVED, that the rate increase will be in effect as of January 1, 1989. Duly adopted this 13th day of December, 1988, by the following vote Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION AUTHORIZING PAYMENT TO ADIRONDACK CONSTRUCTION CORPORATION FOR LABOR AND MATERIALS SUPPLIED FOR TOWN OFFICE ADDITION AND O.UEENSBURY CENTER RESOLUTION NO. 548, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Adirondack Construction Corporation, pursuant to contract has performed construction in and about the Queensbury Center and the Town Office Building Addition for the Town of Queensbury, and WHEREAS, Adirondack Construction Corporation has presented to the Town Board of the Town of Queensbury a further application for payment in the amount of$9,180.00, and WHEREAS, Rist-Frost Associates, P.C., the engineer presently reviewing the project for the Town of Queensbury has recommended payment in the amount of $9,180.00, and WHEREAS, the work is covered by Adirondack Construction Corporation's Notification of Change: NOC#21, #51, #52,#53, and #55, in the total amount of $9,180.00 covered under change order no. 5, a copy of which is attached hereto, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury, hereby approves the change order of$9,180.00 and also approves and authorizes payment in the total sum of $9,180.00 to Adirondack Construction Corporation, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to sign and issue a change order for the amount referred to herein and upon receipt of properly completed vouchers, sign and form,-7rd the same for processing and payment by the Town of Queensbury, the sum to paid from the budgeted account. Duly adopted this 13th day of December, 1988, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOL UTION TO APPOINT PLANNING BOARD MEMBER RESOLUTION NO. 549, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, there is presently a vacancy on the Planning board for the Town of Queensbury due to the expiration of the term of Susan Levandowski, and j WHEREAS, the Town Board, has the authority to fill the vacancy created by the expiration of the term of Susan Levandowski, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby appoints.Keith D. Jablonski of Queensbury to serve as a member of the Planning Board, for a term to commence immediately and to end on September 30, 1995. Duly adopted this 13th day of December, 1988 by the following vote: S( ' Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONTESI- Mr. Jablonski was a member of the Citizens Review Co of the Master Plan. Committee RESOL UTION TO ADOPT FORM FOR USE OF REVIEWING ZONING CHANGE APPLICAT I IONS RESOL UTION NO. 550, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is interested in adopting a form for the purposes of assisting the Town Board in its review of applications for rezoning in the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the form presented at this meeting be and hereby is adopted for the use of assisting the Town Board of the Town of Queensbury in its review of applications for rezoning in the Town of Queensbury. Duly adopted this 13th day of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONA HA N-Requested that under 3-e the wording be changed to State, County or Town property within 500 feet. Agreed to by the entire Town Board COUNCILMAN MONTESI-Where will the applications be picked up... SUPERVISOR BORGOS-At the Planning Dept. The Planning Department would then forward the application to the Town Board and then we send it officially to the Planning Board, for their recommendation. RESOLUTION TO TRANSFER RESOLUTION NO. 551, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald If ontesi: WHEREAS, purchases must be made by various departments and WHEREAS, sufficient funds are not available in the proper accounts NOW, THEREFORE BE IT RESOL VED, to transfer funds from one account to the other in order to make those purchases: FR OM TO 2000. A2057310207 Pa?ks Rec.-Park Equip. A2057310440 Parks Rec. Misc. Cont. 193. A2057310456 Park f?ec-Bus usage A2057310440 Parks Rec. Misc. cont. 50. A1051410403 Tn Clerk, Postage A1051410472 Tn Clerk Printing 680. A3655132450 Hwy. garage fuel oil A3655132440 Hwy garage Misc. cont. 7800. J 12658 160477 Landfill dozer repair J 12658 760202 Landfill vehicles 5520. J 72658 160440 Landfill Misc. con t. ✓12658160202 Landfill vehicles 700. W72758320178 Qsby. Wtr. Plant tech. W7 2 7583 10409 Qsby. Wtr. Alum Exp. 2500. W12758340742 Qsby. Wtr. Laborer B. W72758330425 Qsby. Wtr. Alum 205. W32758340440 W.G.F. Wtr. Misc. Cont. W32758320 W.C.F. Wtr. Supply 1500. 543858130106 Qsby. Sewer Clerk 543858730200 Qsby. Sewer, Equip. 300. A2158070440 B&C Misc. Cont. A2 7580 704 7 7 B&C R& M Duly adopted by the following vote: ! I Ayes Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF ROAD DEDICATION RESOLUTION NO. 552, 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 considering the acceptance of certain 1 roads offered for dedication known as Ferriss Drive, Finch Road, Walton Court and a drainage easement in the Queensbury Forest Subdivision, Phase ll, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local goi t�rnments, NOW, THEREFORE BL iT RESOLVED, that the 7 f?Lvn Board of the Town of Queensbury adopts the annexed notice of determination of non-significance anc directs that copies of this resolution and notice of determination be filed as required by law. Duly adopted this 13th day of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION ACCEPTING DEDICATION OF FERRIS DRIVE, FINCH ROAD, WALTON COURT AND DRAINAGE EASEMENT RESOLUTION NO. 553, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: !j WHEREAS, Thomas J. Farone and Joan Farone have offered to dedicate to the Town of Queensbury a road known as Finch Road, and a portion of roads known as Ferriss Drive and Walton Court, and a drainage easement in Phase ll of the Queensbury Forest Subdivision, which are more particularly described in the survey map and deed presented at this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has inspected the said roads proposed to be dedicated to the Town of Quensbury and that he finds the some in their current condition to meet the appropriate Town of Queensbury specifications with the exception of application of the final blacktop surface, 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 roads proposed for dedication and finds that the installation is in accordance with the requirements of the Tow of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed, title, affidavit promising to complete the roads, and letter of credit have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOL VED, that the aforementioned deeds for dedication of the said roads be and the same are hereby accepted and approved and that the Town Clerk is hereby authorized and directed I 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 RESOL VED, that the letter of credit in the amount of $22,850.00 and affidavit where in the developer promises to complete the roads within one year be accepted, and BE IT FURTHER RESOL VED, that the Town Clerk retain and file said letters of credit and affidavit and that r the roads be hereby added to the official inventory of the Town Highways, to be described as follows: ROAD NO. 436 DESCRIPTION: Beginning at the southwest end of that portion of Ferris Drive previously dedicated and proceeding southerly thence easterly past Walton Court to lands of Niagara Mohawk NAME: Ferriss Drive FEET: 1401' ROAD NO. 460 DESCR1 TON: Beginning in the easterly bounds of Ferris Drive and proceeding in an easterl direction to Walton Court. y NAME: Finch Road FEET: 668' ROAD NUMBER: 433 DESCRIPTION: Beginning at the southeasterly portion of that portion of Walton Court which was previously dedicated and proceeding in a southerly direction to Ferriss Drive. NAME: Walton Court FE TEFE 6851 Duly adopted this 13th day of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. K urosoka PAUL DUSEK-Requested that the letter of credit referred to the in resolution be for one year... Agreed to by the Entire Town Board RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH O.UEENSBURY CITIZENS CLUB, INC. SENIOR RESOLUTION NO. 554, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that social and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board has determined that a contract should be entered into with the Queensbury Senior Citizens Club, Inc., to provide said recreational and social activities and programs, and WHEREAS, a proposed contract between the Town of Queensbury and the Queensbury Senior Citizens Club, Inc., for 1988 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said contract be approved in its present form and that the programs and activities described there in be provided to senior citizens of the Town of Queensbury, and _ WHEREAS, this contract is permitted and authorized by §95A of the General Municipal Law of the State of New York, i NOW, THEREFORE BE IT RESOL VED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and NOW, THEREFORE BE IT RESOL VED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Queensbury Senior Citizens Club, Inc., said contract be in full force and effective under the terms and conditions specified therein, with on original copy of this t ' agreement to file with the Town Clerk of the Town of Queensbury. Duly adopted this 13th day of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka TOWN CLERK DARLEEN DOUGHER-Noted that in the Contract on page 2 4(b) than e to Assistant Program and Activities Coordinator 9 Secretary -- COUNCILMAN MONAHAN-Noted that the figure of 1988 should be $3,500.00... f The Town Board agreed to the change in the contract. (Town Board waived the reading of the next resolution) RESOL UTION A UTHORIZING EXECUTION OF CONTRACT WITH QUEENSBUR Y SEN/OR CITIZENS CLUB, INC. RESOLUTION NO. 555, Introduced by Mrs. Marilyn Potenza who moved for its ado by Mrs. Betty Monahan: adoption, seconded WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate to the Town that social and recreational activities and programs be provided or senior and beneficial residing in the Town Of Queensbury, and f n►or citizens WHEREAS, the Town Board has determined that a contract should be entered into with the Queensbury Senior Citizens Club, Inc., to provide said recreational and social activities and programs, and i WHEREAS, a proposed contract between the Town of Queensbury and the Queensbury Senior Citizens Club, Inc., for 1989 calendar year has been prepared, a co and the form thereof has been a PY of which is annexed hereto, and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, i WHEREAS, it would appear to be in the best interest of the Town of be approved in its present form and that the programs and activities described there'ns P be rovidedt to senior citizens of the Town of Queensbury, and WHEREAS, this contract is permitted and authorized b §95A o of the State of New York, Y f the General Municipal Law NOW, THEREFORE, BE IT RESOL VED, that the Supervisor of the Town of Queensbury be and hereb is authorize of the Town of Queensbury to execute said agreement, and Y don behalf BE IT FURTHER RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury authorized officer of the Qu-- sbury Senior Citizens Club, Inc., said contract be in full authorized the and effect under the terms and conditions specified therein, with an original co o f this agreement force to file with the Town Clerk of the Town of Queensbury. PY f agreement Duly adopted this 13th dory of December, 1988 by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COMM UNICA TONS -BID OPENING-1972 Caterpillar Loader for sale Thomos Beldon Hudson Falls, N. Y. no non collusive 4,-166.00 K loss Equip. Gansevoort, N. Y. non collusive 3, 701. 11 Francis A. Giroux Qsby. N. Y. Non collusive 5,611.0o Scout McLaughlin Glens Falls, N. Y. no non collusive 5,555.00 Contractors Sales Co. Albany, N.Y. non collusive /11000.00 RESOLUTION TO ACCEPT BID RESOLUTION NO. 556, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahom WHEREAS, Jim Cougf fin L andfill Supt. recommended that we place out to bid a used 1971 Caterpillar 951 C Loader and 111 ; WHEREAS, bids were solicited through the Glens Falls Post Star, and WHEREAS, five bids were submitted and received and opened at that specified time and place by the Director of Purchasing/Town Clerk Darleen Dougher, and such bids were then turned over to Jim Coughlin, Landfill Supt. for his recommendation, and WHEREAS, Mr. Coughlin, Landfill Supt. by letter has recommended that the bid be awarded to the highest bidder as follows: CONTRACTOR SALES CO. INC. P.O. Box 12010 Albany, New York 12212 $11,000.00 NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of the Landfill Supt. and accepts the bid of Contractors Sales Co., Inc. in the amount of$11,000.00. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka L tr. Mr. John B ueck ing-regarding bump on Ridge Road on file Supervisor Borgos-1 will send this letter on to the State. Noted that the Light at 9L and Sunnyside will soon be activated...the State is looking at the entire Town of Queensbury in regard to Speed limits...we have also asked them to look at 9 and 245... Councilman Monahan-What is the status of the light at Haviland and Bay? Supervisor Borgos-Fred Austin will be sending the specs,of the light to go out to bid.... L tr. D.O.T. - speed Limit Request Peggy Ann Road on file.. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION_NO. 557, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. A?arilyn Potenza: RESOLVED, that the Audit of Bills of December 13, 1988, numbered 3023 through 3467 and totaling $603,160.07 is hereby approved with the exception of Audit Numbers 3012 and 345 7., which were pulled for further review. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka On motion the rneetin , -was adjourned. Respectfully Submitted, Miss Darleen M. Dougher Town Clerk Town of Queensbury A