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1988-12-27 TOWN BOARD MEETING __ _.,DECEMBER 27, 1988 7:30 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARILYN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN HOARD MEMBER ABSENT CaEORGE KUROSAKA-COUNCILMAN TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS RICK MISSITA, DAVE HATIN PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORGOS RESOLUTION TO ENTER QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 569, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board of the Town of Queensbury hereby move into the Queensbury Board of Health. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None _r Absent: Mr. Kurosaka QUEENSBURY BOARD OF HEALTH 7:32 P.M. PUBLIC HEARING - Lake George Realty Trust-Hanneford Road NOTICE SHOWN JEFFREY TENNENT-I'm the builder. After reviewing every feasible way to put in a septic system at this job, we've found that this variance, I do feel is necessary and the people we've talked to also feel the same. Any explanation you'd like or... SUPERVISOR BORGOS-We have the maps here somewhere, I think we went over them last time. Just clarify this, I'm trying to see what you are seeking. I'm just looking for it on the application blank. You want a variance in the distance but I don't remember what the distance was. MR. TENNENT-The distance between the tanks and the house are less than ten feet. (demonstrated to Board members on map). SUPERVISOR BORGOS-So right now the tank, is thirty-eight inches? MR. TENNENT-Thirty-eight inches to seventeen inches. SUPERVISOR BORGOS-The Health Department requires how much, ten feet? MR. TENNENT-Yes, for various reasons. Usually a situation where there is a basement in the house, they give ten feet of ground area if say the tank did leak... SUPERVISOR BORGOS-Are you on a basement or slab? MR. TENNENT-We have a crawl space. The crawl space shows(on map) the seam of the tank is below the level of the dirtying of the crawl space. . SUPERVISOR BORGOS-Is this the one where we asked for a letter from the Board of Health? • COUNCILMAN POTENZA-Yes. SUPERVISOR BORGOS-Let me just take a quick look at this. MR. TENNENT-Actually what happened was, there is another, we didn't realize at the time, one of the questions Mrs. Monahan had asked, was that, how far the wells were. We measured our well, and it has to be forty-six feet from our septic tank. That actually brought up another set back problem, so we're four feet short, so we're also applying, I'm not sure it is on for tonight. SUPERVISOR BORGOS-I don't think so. You are going to need another variance after this variance. f COUNCILMAN MONAHAN-Steve what is the distance supposed to be between a well and a septic tank? SUPERVISOR BORGOS-It is supposed to be a hundred feet. COUNCILMAN MONAHAN-Up on the Lake, I thought it was supposed pposed to be a hundred feet. DAVE HATIN, Director of Building & Codes-That is for leach field or seepage pits. The tank itself can be fifty. i COUNCILMAN MONAHAN-How far are you from your leach fields? That is the one where they are across the road. MR. TENNENT-Right. SUPERVISOR BORGOS-The are long Y a g wa Y• ATTORNEY DUSEK-For the Board's information, this matter came to my attention earlier today that another variance was needed. So I prepared a resolution to set a Public Hearing on this,second variance and what I would propose to the Board is the finishing of course of this Public Hearing this evening but then to await decision on this matter and make the decision for both variances at the same time at the next meeting. Since it is one subject matter and. both of these items will effect that same subject. SUPERVISOR BORGOS-So we've got two variance, one is the distance from the foundation of the building and the other is the distance from the well to the tank. ATTORNEY DUSEK-Right. MR. TENNENT-The problem with this is that this whole neighborhood is substandard. The next door neighbors house is just on the line, the house to the North is actually on the property line. If you walk down there, there is probably six feet between the two houses. COUNCILMAN POTENZA-Ts this Mrs. Guterman's property. MR. TENNENT-The red house, yes Mrs. Guterman's property. Actually her septic tank sits probably about five feet from our house. We've replaced this house. It was an existing house that we tore down. It had burned, there was a fire there. We tore it down and replace it with this house. SUPERVISOR BORGOS-You've already built this new house? MR. TENNENT-Yes. But the thing is, this other variance problem, if we brought the tanks away, kept the side line distance setback, brought the tanks away from the house to get the ten feet, we'd becoming closer to the well, so that makes it worse. So actually in this situation, its better to have the tanks close to the house and farther from the well. COUNCILMAN POTENZA-The tanks are below the cross section of the house, which is what, five foot crawl? i MR. TENNENT-No, there is only two, two and half feet of crawl space. SUPERVISOR BURGOS-You are pumping up hill? MR. TENNENT-Right, see the well is uphill from the tanks, then we are pumping it up and across the roads.... COUNCILMAN MONAHAN-Its not practical to go towards Pilot Knob Road? - MR. TENNENT-No... SUPERVISOR BORGOS-Where is the steep hill, would that be right about there? MR. TENNENT-Right in front of the house. So if we go with tanks on this side, we're down in the banks. COUNCILMAN MONAHAN-What is between Pilot Knob Road and the house? MR. TENNENT-All the houses, when we put the footings up for this house, it was all on ledge. The whole house sits on !�nme ledge rock that this is. So it is hard to blast this. You'd disturb the neighbor's house, disturb wells, the well water supplies, it is just too dangerous because there are so many house,;. We dug the line for the sewer, and we barely got just enough cover,' we even had to bring some fill in just to get the line covered up. COUNCILMAN MONAHAN-What is between your house and the Pilot Knob Road? MR. TENNENT-This is a real steep bank that drops right down to the road. SUPERVISOR BORGOS-As you start to go into the Pilot Knob Road, I presume that is where it is, right at the very beginning, everything is way up high on the cliff. Just after you leave 9L, right there at the corner. 1 4 COUNCILMAN MONAHAN-No Steve, because Olga Hopper is down a little further than that. Olga Hopper is down below John Beale. As you leave Ridge Road, first you come to Jane Crannels, then you come to Steve Lynn, then you come to Mr. Chases, ...Hanneford, then John Beales before you come to this. This is down further. j MR. HATIN-They do have a very difficult spot where the tank is placed. There is a rock f ledge on one side which is there, there is no way you're going to move that without, like Jeff said, damaging some foundations and possibly other property. I looked at it. The seam is below the footing of the crawl space on the tanks. Even if it did leak, it would leak into the ground and not into the basement crawl space area. I really don't think they have any other options. I sent them down to Dan Machell of the Board of Health just to run it by him, he didn't see any other way to do it. They are bringing it in better conformance. According to Jeff the old tank was underneath the foundation. So it was actually underneath the house. I think they've improved it the best they can. Their only option here would be a holding tank or creating a sewer district. SUPERVISOR BORGOS-Now is it possible just for the record to get a letter from the Department of Health other than just this hand scribbled note. MR. HATIN-I can see if they will write me one, yes. SUPERVISOR BORGOS-I would appreciate that because right now we don't really know for sure who wrote this. MR. HATIN-I verified the signature, it is Dan's signature. I will be in contact with him anyway but I can verify it again. SUPERVISOR BORGOS-Between now and our next meeting... MR. HATIN-Sure. SUPERVISOR BORGOS-Thank you Dave. MR. TENNENT-I also called ENCON, just to run it by them, up at Warrensburg., I talked Al Matrose and he said we do not need anything from them. If anybody would like to call to verify that, he would be more than happy to...I also talked to Michael White from the Laker.. George Park Commission, he wrote me that letter, because he said that actually we don't have any jurisdictions because we don't have the rules on the place yet, that we can't enforce anything if we don't have any rules. SUPERVISOR BORGOS-Ok?y, could you get a copy of this so that we can keep it with our ;. files? Maybe tomorrow... COUNCILMAN MONAHAN-Darleen or Caroline will probably copy it right now. MR. TENNENT-We tried to contact everyone that would be involved and have a say in this. Just to answer your question of earlier, if we did try to move the tanks up in this area, it is so steep it is hard enough enough to keep the bank there now. The steps go down, anybody that is familiar with the area, knows it is really steep right there. ' s S37 SUPERVISOR BORGOS-He'd have a problem pumping up through there to the leach field too. MR. TENNENT-And also just getting a tank there would be almost impossible. COUNCILMAN MONAHAN-You may be too close to the Lake that way too. AIR. TENNE.NT-The other option, if you went this way, by the time you get your set back from the road which is required a set back from the side line, you couldn't keep the distance from the well. Anyway you go you start getting other substandards. COUNCILMAN MONTESI-Paul Naylor gave you a driveway cut, already cut underneath the k road? MR. TENNENT-Yes. SUPERVISOR BORGOS-Anyone else who wishes to speak in this matter? COUNCILMAN MONAHAN-Steve this is in the Adirondack Park, do they have to approve this too? SUPERVISOR BORGOS-What is the pleasure of the Board? The attorney has recommended I believe that we table this and wait for the resolution to have the Public Hearing for the rest of it. Do you have ihal in the stack of resolutions? ATTORNEY DUSEK-Y(3 that will be under the new business of the Board of Health. COUNCILMAN POTENZ,A.-I will concur with the attorney that we can wait, but I think the gentleman has done all he can possibly do to rectify a bad situation. Its better than it was and its best as it can be. I don't have a problem with the applicant but that I would like to get both of the resolutions passed at the same time. So can I recommend tabeling it or should we just have no action on it until.... SUPERVISOR BORGOS-The proper motion probably would be to table. Otherwise the Public Hearing would expire and we would have to readvertise perhaps. ( ATTORNEY DUSEK-I think you have met the qualifications for the Public Hearing tonight but certainly tabling would be the correct motion at this point. CLOSED PUBLIC HEARING RESOLUTION TO TABLE RESOLUTION NO. 27, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Rueensbury Board of Health hereby tables any action, awaiting further information. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka PUBLIC HEARING- Gary Holtz-Sullivan Road ?:48 P.M. NOTICE SHOWN i ARTHUR LAMB-I'm the builder for Mr. Holtz. SUPERVISOR BORGOS-I know on the other people we had all kinds of papers on file, do you have the right paper work on file as a representative of and so forth? MR. LAMB-I believe so. SUPERVISOR BORGOS-Do we have anything just so we don't get into that trap? Is Mr. Holtz here by any chance? COUNCILMAN:POTENZA-Is`it Gary or George? MR. LAMB-Gary. SUPERVISOR BORGOS-You are Gary Holtz? GARY HOLTZ-Yes. COUNCILMAN POTENZA-Okay this is Gary Holtz, the application is in Gary's name but the agenda is wrong. SUPERVISOR BORGOS-Just as long as we are all set. Mr. Lamb can speak for you at this moment?, MR. HOLTZ-Yes. SUPERVISOR BORGOS-Great, continue please, sorry to interrupt you. MR. LAMB-I believe we've gone through the steps that were required. We went to the Board of Health. We got an area variance for this particular house, April 20th. We brought this particular house for this particular lot on Glen Lake to the attention and we had the septic system and particulars for this house designed by Gailor Associates from Saratoga. It was reviewed by Mr. Kurosaka and also Mr. Fear from Department of Health, and approved by both. I believe we've come to apply for this ... for a small lot. SUPERVISOR BORGOS-Okay we're looking, this specific variance is, lot size too small to accommodate one hundred foot distance. We need to vary, is it the separation between the well and the septic tank? MR. HATIN-No, seepage pit or leach field. SUPERVISOR BORGOS-What is the distance? MR. LAMB-Seventy feet. SUPERVISOR BORGOS-Seventy instead of one hundred? MR. LAMB-Correct. SUPERVISOR BORGOS-Again, without the map in front of me, is the well up hill, or up gradient from the seepage? MR. LAMB-Yes there is P very good slope. Also away from any of the other properties that goes towards them. It filtrates off towards the back. (demonstrated on map to Supervisor) SUPERVISOR BORGOS-You really can't push the well much further away. COUNCILMAN MONAHAN-Who owns lot 28? AIR. LAMB-1 don't know. COUNCILMAN MONAHAN-Where is the neighbor's well, where is their septic tank? MR. LAMB-They're using, there is a guy the next street over, their well and their septic is kind of .... ATTORNEY DUSEK-Darleen did you send a notice out to the next door neighbors on this? DARLEEN DOUGHER, Town Clerk-What is the tax map number? SUPERVISOR BORGOS-i can't tell from here, there is a lot number. COUNCILMAN MONAHAN-All its of is a 28 circled on here the g � on ma .p SUPERVISOR BORGOS-It may be that section, number 28. MISS DOUGHER-There is a Robert Sullivan next door, Betty. COUNCILMAN MONAHAN-Was he notified? MISS DOUGHER-Yes, all of these have been notified. (presented list to Councilman) S37 SUPERVISOR BORGOS-This is a brand new building. Has there ever been a building on that lot before? MR. LAMB-Not to my knowledge. There doesn't appear to be any. SUPERVISOR BORGOS-No old foundation or anything? MR. LAMB-It seems to be an undisturbed lot. COUNCILMAN POTENZA-Where on this lot is the structure, the building? MR. LAMB-(demonstrated on map) Then you have another camp like structure over here... COUNCILMAN POTEN ZA-Are these year around properties? MR. LAMB-There appears to be somebody here, but on the other side I don't know. I haven't been up there enough to really determine whether somebody does live there year around. COUNCILMAN POTENZA-The septic system is between these two buildings, so the septic system and well would be to the left of the building that you are looking at? MR. LAMB-We had our check list to find out if anybody was within one hundred feet of what we were doing. COUNCILMAN MONAHAN-Darleen, will you read those neighbors again please? MISS DOUGHER-James and Julianne Dougrey, John and Marion Yole, Hazel Benway, Robert Sullivan, John Maurer, Henry and Hildegarde Pratt, Frederick and Mary Sullivan, Walter and Nancy Quillinan, Emma Zemanek, Lucy Linindoll, Elizabeth Shave, Mildred Moore, Glen Lake Park, Inc. COUNCILMAN MONAHAN-You've got alot of permanent residents in that area. SUPERVISOR BORGOS-This indicates on the positive side that there is four to eight feet of course sand underneath. MR. LAMB-Its excellent ground. We had a perk test done, there is two and half feet of soil. It appears to be, when we dug down with the backhoe, we dug down sixteen feet... SUPERVISOR BORGOS-No ledge rock. COUNCILMAN MONTESI-The buildings up now? MR. LAMB-We had a hold up and before we went any farther... COUNCILMAN MONTESI-You came across these concerns. Okay. For the Board's information j this may be a mute point because we are presently involved in a water sewer, engineering study to provide Town water for Glen Lake Road. That should be between the next year, next year and a half if that becomes a reality. In any event that is a possibility. SUPERVISOR BORGOS-Dave do you have a comment? Have you been to the site? MR. HATIN-No I haven't. SUPERVISOR BORGOS-Your department? MR. HATIN-We've looked at it. Again it was a variance that was approved by the Zoning Board. Its a small building lot, that is the problem. I think that is why they are here. It is entirely up to you how you people want to rule on this one. COUNCILMAN MONAD.-'1N-Pave, you don't have any knowledge of where the neighbor's septic tanks, wells are or anything else? AIR. HATIN-No I don't. I wouldn't know that Betty anyway unless those people show me. So I didn't visit the site, no, I can find that out if you'd like that information. COUNCILMAN AIONAHAN-I th°nk that is information we need to know. MR. HATIN-You did check within one hundred feet? I did ask that, I did ask them to check within one hundred feet to see if there were any other wells and they came back and said no, I believe, right? MR. LAMB-That is correct. MR. HATIN-I'd be happy to visit the area if you'd like. COUNCILMAN MONAHAN-That is something I'd frankly would like the Building Department verify for itself. MR. HATIN-I can do that, that is no problem. SUPERVISOR BORGOS-As a matter of interest we are going to have another Town Board meeting Thursday, a special Board meeting. It was originally planned to be short but it is getting longer. We could I suppose reconvene at that time if you'd like... COUNCILMAN POTENZA--My feeling is that if the notifications have gone out and they have been notified and if there was concern I would think that the parties would be here to voice their concern. Maybe it is the wrong assumption but perhaps they have indirectly said that they don't have a concern. If there is no well within a hundred foot of the septic system and they don't consider it a �-oncern. I don't know if there is a need. SUPERVISOR BORGOS-Uid you buy the property from anyone of these neighbors? MR. LAMB-No. ATTORNEY DUSEK-There are two things that have come to my attention. One of which is as the Board knows now in reviewing the application, this is a new building,.when I originally drafted the paperwork on this, I thought it was a replacement system. Not that that changes anything I think, everything is fine to this point. But what it does change is that the Board will have to pass a SEQRA resolution on this before you can take action on the variance. Unfortunately as I found out today that this was a new system, I did not prepare that SEQRA resolution. So what I would like to ask the Board is if you would consider putting this off until at least Thursday to allow that resolution to be prepared. Also we'll need from Mr. Holtz is a signed Environmental Assessment form which if you contact either myself or Dave Ilatin tomorrow, we'll be able to help you out with that. SUPERVISOR BORGOS-Its a fairly simple matter but it is required. With the advise of Counsel I think we have a suggestion to table. COUNCILMAN MONTESI-I will move that we table this resolution until Thursday. COUNCILMAN MONAHAN-I'll second it. SUPERVISOR BORGOS-With the comments that Mrs. Monahan had asked for some additional information, I think that should be provided. CLOSED PUBLIC HEARING r RESOLUTION TO TABLE RESOLUTION NO. 28, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Queensbury Board of Health hereby table action, awaiting further information. Duly adopted by the following vote: i Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONAHAN-Questioned, if Morris is a neighbor and they bought this land f from Morris, how did we get a substandard lot? Noted that once you own two substandard lots, you can not sell one of them if they are adjoining and have a lot from it, and that has: always been,true ever since I've been on the Board, a New York State Town.Law. Dave are You going to check the history of this? MR. HATIN-Its not in the same ownership, Betty. SUPERVISOR BORGOS-I think he testified that he did not buy it from a neighbor. MR. LAMB-Its Maurer. COUNCILMAN MONAHAN-Didn't you say that Maurer was still an owner that this notice had to go out to? MR. LAMB-No. COUNCILMAN MONAHAN-Darleen was Maurer one of the names you sent to? Okay, no apologize, I misunderstood. 01,13 BUSINESS- Jackie do Burt Anthony-Pilot Knob Road 8:02 P.M. j MARK BOMBARD, representing the Anthonys-Noted that the Town Board requested a letter of approval from the Health Department last meeting. (presented to Town Board) SUPERVISOR BORGOS-Noted that it was marked approved by the Department of Health signed on December 22nd. Noted that this was the condition we were waiting for. RESOLUTION APPROVING VARIANCE REQUEST OF JACKIE & BURT ANTHONY RESOLUTION NO. 29, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, Jackie & Burt Anthony 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 that sewage disposal systems located of necessity upgrade in the general path of drainage to a well shall be spaced 200 feet or more away, 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 Ijl' RESOLVED, that the Town of Queensbury Local Board of Health grants the variance to Jackie & Burt Anthony allowing the 56' separation between the well and the absorption field, and finds as follows: a. that there are special circumstances or conditions which justify allowing the 56' separation between the well and the absorption field in that the existing system is poor and closer to the existing well than the proposed system; 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 approved of the variance. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka i NEW BUSINESS - Lake George Realty Trust-Hanneford Road RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO 30, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. 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 it' of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Lake George Realty Trust Limited Partnership 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 n n n rt n n Septic Tank 501 it rt it it n it if it It n i WHEREAS, Lake George Realty Trust Limited Partnership has indicated a desire for a variance, requesting that there be a 461 separation between the well and the septic tank, i NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public j hearing on January 10, 1989, at 4:00 P.M., at the Queensbury Town Office Building, Bay at 1 Haviland Roads, Town of Queensbury, Warren County, New York to consider the application for a variance of Lake George Realty Trust Limited Partnership for a separation of 46t between y the well and the septic tank instead of the 50 feet separation presently required under the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, 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 that time all persons interested in the subject thereof, will be heard, and BE IT FURTHER RESOLVED, 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 of the adjoining neighbors. i Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO ADJOURN THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 31, Introduced by Ronald Montesi who moved for its adoption, seconded ` by Marilyn Potenza. RESOLVED, that the Qu(:!ensbury Board of Health hereby adjourn and enter Regular Session of the Queensbury Town Board. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka i QUEENSBURY TOWN BOARD 8:09 P.M. PUBLIC HEARING - Recreation Fee-Article 7 Paragraph B(3) of the Subdivision Regulations NOTICE SHOWN COUNCILMAN MONTESI-I think this five hundred dollars per lot per building unit per living unit can only help us attain some of our goals.` Hovey Pond and Gurney Lane, Ridge Road. Also with the new master plan that we'll be putting into effect this year. COUNCILMAN MONAHAN-I just have a question of Paul because there are times when we are going to want to take the land. I'm just reading this notice of public hearing. The Board shall require as a condition of approval, the payment of recreation fees in lieu of land in an amount of five hundred dollars per lot, etc. That is not including I trust in the way our resolution is drawn up, for the times where we will want to take land and not money, because it has always been an either or situation. SUPERVISOR BoItGUS-L'id you see the recent decision? I sent a copy I think to everybody. COUNCILMAN MONAH*"--Yes but you're going to have to have background on that before you can just... SUPERVISOR BORGOS-It is interesting. COUNCILMAN MONAHAN-Yes it is an interesting thing but I didn't pay too much attention to it until you know the whole background. It is not good to take synopsis of something without having the whole thing. j I ATTORNEY DUSEK-First of all the notice of public hearing may be worded not the best but I think the resolution is what really will be controlling here. COUNCILMAN MONAHAN-The resolution does say either or right? ATTORNEY DUSEK-The way the resolution reads is that it concentrates on what the amount per lot would be for the recreation fee. It doesn't speak to anything else but that. So you have to go back to the subdivision regulations that clearly gives the Town Board the option. COUNCILMAN MONAHAN-I just wanted to make sure that we weren't doing anything to overdid what we did before. COUNCILMAN MONTESI-That is a question that I've always had about this, if a developer comes in, he goes through the subdivision with the Planning Board, at some point with our new Master Plan in place the Recreation Commission or the Town Board or the Planning Board, because the development is in an area where we really need to acquire some land for recreational purposes, who makes that decision? Is it conceivable that the Planning Board could approve 1 the plan without taking the land? There was some question in my mind as to, I think the Planning -- Board had the final say, and I was just wondering if we have changed that. COUNCILMAN MONAHAN-The Town Board does. The Town Board is the one who excepts the land. COUNCILMAN MONTESI-That is not...the problem is, a guy comes in with a subdivision, he wants to put in hundred fifty lots in and somewhere along the lines the Town Board says, we really in place of that the formula says we can take twelve acres. How do we take the twelve acres and redo his subdivision. COUNCILMAN POTENZA-Isn't it feasible Ron that maybe with the Master, the Recreational Master Plan that we'll be able to red flag areas that's where the growth is going on in the Town where we are lacking in land and perhaps that will red flag the Planning Department and therefore... COUNCILMAN MONTESI-I know that. I understand that. What I'm saying is, at some point that red flag has to be waved because a guy comes in with a subdivision for a hundred fifty lots and we're going to say whether it is a Recreation Commission, the Planning Board or the Town Board that we want fifteen acres. COUNCILMAN POTENZA-1 would assume it would be this Board that would make the... COUNCILMAN MONTESI-But we don't see that plan until it comes, I mean we don't look at the subdivisions. The Planning Board is going to look at that subdivision and somehow we have to say we want the fifteen acres, we don't want the fee. I'm not sure how that happens. I think it will happen better with our new Master Plan for Recreation where we do flag areas and say to the Planning Board as developments come in in this area we would be more interested in acquiring land. That me-,y he the only way that we control that. We are the only ones that except land but it may be ioo late. COUNCILMAN MONAHATT-i think Ron it will have to be done fairly early in the process before he gets all his, you [-,low complete engineering work done. COUNCILMAN MONTESI-The first site plan that he brings in the first sketch plan. COUNCILMAN MONAHAN-We should be knowing, you know, if we can never give our Planning Department time to plan, which I'm beginning to wonder about, certainly they are going to have the areas flagged and they are going to be a liason group who alerts us.I would hope, that you've got subdivisions coming into an area where you need to start acquiring land. Now, how you are going to do this... ATTORNEY DUSEK-I think the answer to Councilman Montesi's question, the way the regulations are presently structured, it is presumed that land will be set aside for recreational purposes. Only in the event that the Board or the subdivider requests of the Town Board can the money be substituted. That's the way they presently word it. But it is presumed to start with that they would probably put land and assuming that is agreeable to everybody, the subdivider and Planning Board, probably have a project they can use... COUNCILMAN MONTESI-I think you have to look, somebody better tell the Planning Board because I have never seen one subdivision come in that set a chunk of land off to the side.' All the guys assume is that, I want to maximize and this is America, a land•of opportunity, I want to maximize the use of my land for residences and I'll pay the five hundred dollars or the two fifty. Y COUNCILMAN MONAHAN-And we have also said, at least prior Town Board have said, the Town does not want to be responsible and 1 think Harry agrees with this too, for a lot of little bit of pieces of land all over the community that we can't control well and we can't develop well, and that has been a policy. COUNCILMAN MONThSl=1 think what that says is good. Its just that when a guy comes in with a subdivision tl"2re. isn't anybody that says, oh, okay, yea we don't want the land, we're going to take the fee. I don't know how that happens. ATTORNEY DUSEK-The subdivider first of all can make that request under this ordinance. The second thing that can happen is the regulations also provides that the Planning Board shall consider the suitability of the served land for recreational purposes, it sets forth various criterias, they must be .... At the end of that process the presumption I guess is that the Planning Board will make that decision initially whether they should just except the land that is proposed or as part of that subdivision plot or whether they should recommend to the Town Board that the land not to use the money received. As a practical matter I guess it is really a two step process just like with the roads. It is kind of like a catch twenty-two, the Planning Board has the first shot at it. The presumption is of course when it gets to the end of the line the Town Board is going to except that road, or except that land for the part. It is I suppose a little awkwardness in the process. I think that is what Councilman Montesi was pointing Out. COUNCILMAN MONTESI-We have never been asked here and I don't think that is a bad thing, I think it is important that we start looking at the mechanism here. We've never been asked to do one or the other. COUNCILMAN MONAHAN-We've communicated prior in certain areas that we wanted some land. COUNCILMAN MONTESI-I can't think of one subdivision that we have. COUNCILMAN MONAHAN-Maybe not since you've been on the Board but I recall some that we said we don't want buildings by that stream and so on and so forth. SUPERVISOR BORGOS-But I think there is a minimum of ten acres. Which comes out to what, one hundred units, cause it is one thousand square feet for every dwelling unit. COUNCILMAN MONTESI-What they petitioned this for was the fact that you've got to have a minimum of ten acres to get to the Town and we may not have had subdivisions big enough to do that. 3 ATTORNEY DUSEK-Shall be provided by the subdivider on the basis of at least a thousand i feet per lot. SUPERVISOR BORGOS-So you would have to have four hundred lots before you got up to ten acres. ATTORNEY DUSEK-In no case though not more than ten percent of the total area. HARRY HANSEN, Director of Parks and Recreation-The Town Board if you remember way back when Hiland Park was starting up, it was asked by the Recreation Commission to except sy.s- the seventy-four acres. That is number one. Number two, there.has been some changes between the Planning Department and the Town in that there is staff review now. That staff review allows Planning, Building and Zoning, the Recreation Department, to get in on the ground level with these subdivisions. So we have a chance to look it. In addition the .Recreation Commission has a subcommittee, the planning committee. Which in fact with the old planner use to be meet once a month to go over a map of where the subdivisions were in the Town, make recommendations, and that is how we got to Hiland Park. We hope to reinstitute that, now that we have a planner that is on board that is not knee deep in getting her department ready and we have planning committee which is now being augmented for 1989 where Jack LaBombard is the Chairman, to again set up a once a month meeting to get down to where the subdivisions come in before they get to the Planning Department. Because he is right if they get to the Planning Department we miss the whole boat, it is gone. We've got to get it before then, before you guys get a chance to say yea or nea, because it is gone by then. They only offer money first, they don't offer land... CLOSE PUBLIC HEARING 8:21 P.M. RESOLUTION ESTABLISHING RECREATION FEE IN LIEU OF LAND AND ADOPTING NEGATIVE DECLARATION PURSUANT TO SUBDIVISION REGULATIONS OF THE TOWN OF QUEENSBURY RESOLUTION NO. 570, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury previously amended Local Law No. 6 and provided when appropriate, for the reservation of the sum of $500.00 in lieu of recreation areas in subdivisions as a condition precedent to site plan approval, and WHEREAS, in addition to amending the Local I.aw, 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 Attorney has prepared an environmental assessment form on the proposed action to set the amount of recreation fees to be reserved in lieu of land to be set aside for recreational purposes, and WHEREAS, the Town Board of the Town of Queensbury has considered the environmental assessment form for the enactment of this amendment to the Local Law and determines that the amendment to the Local Law shall have no significant environmental effects, and WHEREAS, the Town Board of the Town of Queensbury held a public hearing concerning the amount of recreation fees to be paid in lieu of land set aside for recreational purposes pursuant to Article 7, paragraph A (3), of the subdivision regulations on December 27, 1988 at 7:30 P.M., at which time all persons interested in the subject thereof were heard, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the annexed negative declaration, authorizes the Town Supervisor to sign such determination, and BE IT FURTHER RESOLVED, that copies of the negative declaration be filed with such governmental agencies as may be required by law, and BE IT FURTHER RESOLVED, that the public interest would be served in establishing an amount of $500.00 per lot in 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, when decision to accept such fee is made, and the amount of recreation fees so paid shall be $500.00 per lot and such amount is to be paid over to the Town Board at the time of final plat approval and no plat shall be { approved by the authorized officer of the Planning Board until such time the payment is made, `-- and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of.Queensbury is hereby directed to file and make this resolution a part of the subdivision regulations of the Town of Queensbury and send a copy of the same to the Town of Queensbury Planning Department and Planning Board. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka OPEN FORUM 8:25 P.M. DAVE HATIN, Director of Building & Codes-Noted for Boards information, interviews of four candidates for Zoning Administrator will be conducted January 5th at three o'clock.. Would like to welcome any Board members to sit in on the interviews. Questioned Supervisor on expected arrival of computer for the Town. SUPERVISOR BORGOS-Noted that the he dictated a memo to Mr. Hatin this afternoon with that specific information. Ordered today the computer for the new financial set up and one tying in with the County system for the building department. COUNCILMAN MONAHAN-Compliment. the Senior Planner and Planning Department on the Town of Queensbury Master Plan, first draft that the Planning Department put together. SUPERVISOR BORGOS-Would like to announce that I spoke with Mrs. Kurosaka this morning in Long Island, George is still on the critical list, and would appreciate cards or communications. Noted that the Technical Report for the North Queensbury Sewer Study arrived either late Friday or early this morning. I have a copy for each Board member, copies for the press if they'd like and some extra copies are available for the library and any other interested groups. I would like to note the cooperation of all the agencies who were involved in the tragic accident on the Northway yesterday. Queensbury Central, West Glens Fire Department, West Glens Falls Rescue Squad, Moreau Rescue Squad, Warren County Sheriff's Department and the State Police all cooperated together for over two hours on the Northway. COUNCILMAN MONTESI-Questioned if there is an update on Paul Naylor. SUPERVISOR BORGOS-Haven't been able to catch him personally of late but I understand he is doing just fine. COUNCILMAN MONAHAN-Request a copy of the Technical Report for the North Queensbury Sewer Study be given to the Lake George Committee. CLOSE OPEN FORUM DISCUSSION WITH CRANDALL LIBRARY REPRESENTATIVES 8:32 P.M. REPRESENTATIVES-Mark Lebowitz, Christine McDonald, Director of Library, and Michael Brassel, Chairman of the Budget Committee of the Board of Trustees for the Library. MR. LEBOWITZ-Would like to present the concept of a Public Library District and the idea of the Town's inclusion in such a District if the library does in fact go forward in that direction. Noted that little over half of the annual budget of the library is funded by the three municipalities which the library is chartered to serve, being the Town of Queensbury, Town of Moreau and the City of Glens Falls. Noted the difficulty each year in the budgeting process for everyone involved. Considering for more than a year the concept of a Public Library District to help come to terms with this difficult situation. As the group of Trustees we have conceptually .- determined that this is the route to go. That involves the drafting, introduction and passage of a piece of legislation of a state level to establish the district which would then simply be put the question to the voters of the municipalities involved. In order for passage of such legislation, we need to know the feelings of the municipalities, whether they want to participate in this district or not. We are here tonight to explore with you, as we are with the other municipalities, your questions concerning this concept. We would like to get some feedback from you. Do want to note, although it is not imperative to have all three municipalities participate, I feel it is important and in order to draft legislation which has any hope of passage,, it is necessary to determine whether the involved municipalities wish to participate or not. If the municipality doe> riot wish to participate and is included in legislation which is drafted when the Governor cal),-4 up grid says, do you approve of this, the municipality is going to say no, and the bill is not g-ing to be passed. So it is important to get the read out in advance of the actual preparation of the legislation. The concept is that the library would be transformed from a free association library to a public library, that annually the voters would vote on the budget, they would vote on the trustees and based on whatever budget is established, a portion of that budget which now relies on the municipal support of the three communities would be a separate line item on the tax bills which would be based on the assessed evaluation S17 and equalization rate would be factored in. Noted that it has been done in seventeen different areas in the State. There is no model legislation. We do have man but the present situation is a difficult one and we are striving for a wor • approximated for an y concerns y questions or comments. king solution. Ask COUNCILMAN MONTESI-You stated that at present the municipalities r of the operating budget for the librar provide fifty percent the taxing district would provide a hundred percent of with the that operating t ng in ome for WOUIr or would it be a set figure or percentage? a library MR. LEBOWITL-1 imagine it would happen in much the same way as it does now. The library budget expenses determines what sources of revenue it has from the state rants Trust and everywhere else where the library municipalities are asked to support. g Crandall y gets money, and whatever is the short fall the abort. In my opinion that would become the figure that would be used for the purpose of establishing a tax rate. COUNCILMAN MONTESI-There would be people elected as they are to the School Board for terms and those people would be responsible to work with the Board of Trustees or the would be the Board of Trimtees? y MR. LEBOWITZ-Yes aiid they would be the Board of Trustees. COUNCILMAN MONT.7SI-Hove many Board members and the length of their terms? MR. LEBOWITZ-As it VNists right now, we are allowed up to twenty-five. If we go to Public Library District it would go to eleven. SUPERVISOR BORGOS-niueensbury would be assessed at eighty percent, we would h percent of the responsibility instead of the fift y percent ave eighty . COUNCILMAN MONAHAN-Agree and feel that North Queensbury this goes through would the library district itself be responsible for thelelection paying h . aiisuming the election inspectors and setting it up? P MR. LEBOWITZ-I can't say that we've fully thought that out. It certainly is something needs to be considered. g that SUPERVISOR BORGOS-I raised that issue also and the answer I got was that maybe You would hold a vote at the library. I don't think that is satisfactory, being very difficult for voters to get to the library for various reasons. We have difficulty in the Town and we set u eighteen �— polling places just in this Town, we have difficult having P is any thought of holding all the voting in one place, it certainly won't work. I think if there MR. LEBOWITZ-There is alot of those kinds of questions that obviously have to be worked out. CHRISTINE MCDONALD-I think it would be useful if the Town of Rueensbury suggested the number of polling places. I don't think it would be financially feasible for us to do eighteen. COUNCILMAN MONAHAN-You had said that there would be eleven members on the Board of Trustees, is there a formula for where those eleven people come from? MS. MCDONALD-There is a formula at present to keep it as equal as possible from the three municipalities. In the legislation we would put that in as well so that we would have representation from each. I'm not sure if we would have to do that by population or not. SUPERVISOR BORGOS-You probably would have to do it by assessed evaluation. MR. LEBOWITZ-One of the things about writing your own legislation is that you can provide anything Provide, P Y g you want to rovide assuming it gets past. Obviously there would have to be some mechanism worked out on assessed evaluation or population, but that is something that could be provided for in the legislation. COUNCILMAN MONAHAN-I think you have a great dedicated Board of Trustees. Do ou feel you are going to get the kind of trustee that you really want to run n.for that position? HANK EICHIN-It is an honor being asked to serve the community but I'm not sure how I would feel about running. COUNCILMAN MONAHAN-Concerned with who•you end up with on the Board. This may be the best thing for you financially but will it be the best for the library with the people who will end up serving. SAV _ I COUNCILMAN POTENZA-Why restrict just Moreau, Rueensbury, and Glens Falls as part of this proposed district, why not others like Lake George, Warrensburg,and other towns in this area? MS. MCDONALD-We are legally chartered by the State Education Department to serve Rueensbury, Moreau and the City of Glens Falls. Lake George is chartered to serve the Village of Lake George, Hudson Falls and Warrensburg have their own library, we can not encroach upon them. We can not overlap jurisdiction, it is illegal. The only other areas that are up for grabs are Wilton and North umbarland, that we know of. COUNCILMAN MONAHAN-What is the status of the North Rueensbury Library, as far as encroaching on that area? MS. MCDONALD-That is a special case. I assume when the charter was set up that they excluded Mountainside. SUPERVISOR BORGOS-That would take off a large amount of assessed evaluation. MS. MCDONALD-Are they chartered to serve a specific area. i COUNCILMAN MONAHAN-We don't really know. I MS. MCDONALD-They may or may not be. Our charter is on file in the State Ed Department, that can be researched and they can tell us whether Mountainside is legally chartered. SUPERVISOR BORGOS-Would you be willing to do that research? MS. MCDONALD-1 will ask the State Library. SUPERVISOR BORGOS-Noted that other communities use the library's facilities other than the three municipalities and stated the unfairness of putting the burden alone on the just three municipalities. The charter may say one thing but reality says another. I MS. MCDONALD-We can't legally ask those communities to give us funds. We cannot encroach on another library's area. Noted that the state gives us funding for four counties, Saratoga, Hamilton, Warren, and Was;iington as a central reference library and we are given ninety-five thousand dollars a year for Lhat purpose. SUPERVISOR BORGOS-Is that covering the cost of what you do for that service? MS. MCDONALD-No, of course not, we haven't had an increase in three years. We are still very under funded. Traditionally public libraries are supported by their municipalities seventy . to eighty percent. COUNCILMAN MONAHAN-Noted the operating expenses that the Town has incurred because of growth. MR. BRASSEL=Agreed but we have also incurred those operating expenses because of growth too. Would like to point out that we come here annually with our requests and we are trying to do the best we can. SUPERVISOR BORGOS-I spoke with Mark about going for a two or three year contract, sent a letter with that suggestion, with the feelings that everyone would know ahead of time. You would be able to base your budget on known dollars, we'd be able to budget based on, known dollars that could be arrived at through a negotiation process. Suggested even three to five years. Would like to note that no one responded to my suggestions and no one answered my letter. I'm concerned about library service, the services that you provide. I wonder when our library has a stock of video tapes, the loaning out of paintings, doing research for businesses, the library doing business of job placement. I wonder if the library is stepping out of traditional role of library and getting into areas that cost money and duplicating services that we already have in the community. MR. BRASSEL-The video tapes you are referring to our very special ones. The other items you spoke of are all self funding. MS. MCDONALD-We don't have paintings anymore, they were from the Southern Library System which discontinued that. We are proud to provide children's videos, film history-educatic e and others. As far as the job placement, the State Education Department was asked to do this by the Federal Government in 1978, and we've continued the program. We feel it brings people into the library and exposes them to our other services. SUPERVISOR BORGOS-Concerned about the duplication of services. It is becoming more that just a library, which is fine, if the community can afford that. MS. MCDONALD-Noted that research questions are legal obligations and we can not charge for them, otherwise we would lose state aid. Mr. Barry wrote a letter that I sent with the other material, that states chapter and verse of the Education Law which states that Crandall Library if charges for services would lose all its state aid. SUPERVISOR BORGOS-Don't recall seeing that letter. MS. MCDONALD-Will send again. COUNCILMAN MONAIIAN-I did see that letter at the last Library meeting. I do know that Christine had requested that a copy sent to you. COUNCILMAN MONTESI-Would like to note that it would be important to me, in any kind of consideration for this kind of project, whether or not North Queensbury would or wouldn't be involved in a district line. Would like to see the population percentage breakdown or other alternatives considered rather than the straight assessed evaluation. MR. LEBOWITZ-Would like to point out, assuming this legislation is drafted in some form, passed by the Legislature and signed by the Governor, the first step being that the voters themselves will get an opportunity to say yes or no. COUNCILMAN MONAHAN-Have you considered who is going to have the right to vote in this election? If you have a special district, not everyone has the right to vote, under the state law. MR. LEBOWITZ-Looking at different legislation, I've seen it formulated different ways, which leads me to believe that perhaps there is not an underlying law. COUNCILMAN POTENZA-1 have a hard time conceptually excepting this. Don't agree with the assessed evaluation in the determining the percentage process. Would like to see the Library do a three year projected budget. Concerned with who will end up on the Board of Trustees when they have to run for election. SUPERVISOR BORGOS-Because we represent alot of people I would like to recommend a public hearing for the residents of the Town to get their feeling. Noted that before the public hearing you would have to have a copy of the proposed legislation, which the people could speak to those issues. Would you be willing to attend the meeting and make a presentation? COUNCILMAN MONAHAN-Suggested a public information meeting rather than a public hearing. MR. LEBOWITZ-Would prefer that because to draft the legislation will require alot of effort. SUPERVISOR BORGOS-But you will need some basic points, you'll need the outline. MS. MCDONALD-Extend invitation to the Board members and others for an in-depth tour of the Library and to meet the staff. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 571, Inroduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Qur.!ensbury Town Board Minutes for November 18th, December 1st, and December 20th of V 88 is hereby approved. Duly adopted by the follo-wing vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO APPOINT QEDC MEMBER RESOLUTION NO. 572, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. r � ! J�O WHEREAS, a vacancy on the Board of Directors of the .Rueensbury Economic Development Corporation exists due to the resignation of Mr. James White, and WHEREAS, Mr. William Johnson, Assistant Vice President and Manager of Norstar Bank, has expressed his desire to serve on this Board of Directors, NOW, THEREFORE BE IT RESOLVED, to appoint Mr. William Johnson as a member of the Board of Directors of the RFDC to fill Mr. White's unexpired term. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION RETAINING SURVEYOR RESOLUTION NO. 5739 Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, the Town of Rueensbury previously commenced an action against Mr. John McCall for an alleged violation of the zoning ordinance, and WHEREAS, the Town Attorney advises that in connection with the prosecution of said action, it was necessary to retain the services of a surveyor, and WHEREAS, Coulter & McCormack, licensed land surveyors, performed said services for the sum of $850.00, NOW, THEREFORE BE IT RESOLVED, that the Town of Rueensbury hereby ratifies the request by the Town Attorney for the services of Coulter & McCormack for the sum of $850.00 and the Supervisor of the Town of Rueensbury is hereby authorized to arrange for payment for said services upon submission of the properly completed vouchers, and BE IT FURTHER, RESOLVED, that the payment of said fee shall be made from the Building and Codes Department, account no. A-215-8010-440. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka DISCUSSION held on the situation of the docks on the shores of Lake George. RESOLUTION REGARDING PETTY CASH FUND RESOLUTION NO. 574, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Attorney for the Town of Rueensbury has requested the establishment of a petty cash fund for use by the Town Attorney for the payment in advance of audit, of properly itemized and verified or certified bills for materials, supplies, or services furnished to the Town of Rueensbury for the conduct of its affairs, and WHEREAS, such petty cash funds are provided for under §64 of the Town Law, NOW, THEREFORE BE IT RESOLVED, that a petty cash f»nd in the amount of $200.00 is established for the Town Attorney of the Town of Rueensbury for payment, in advance of audit, of properly itemized and verified or certified bills for materials, supplies, or services furnished to the Town for the conduct of its affairs and upon terms calling for payment to the vendor upon the delivery of any such materials or supplies or the rendering of any such services. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka RESOLUTION TO AUTHORIZE CONTRACT WITH GLENS FALLS SENIOR CITIZENS CENTER, INC. RESOLUTION NO. 575, Introduced b Marilyn P Ty Betty Monahan. y y otenza who moved for its adoption, seconded WHEREAS, the Town of Queensbury has heretofore contracted with the Glens Falls Senior Citizens Center, Inc. to provide for services for the elderly, and WHEREAS, New York State Aid is available for the establishment, maintenance, and expansion of Senior Citizens Programs, which aid was expanded by the provision of Chapter 1001 of the laws of New York, 1974, providing among other things that State Aid will be available for approved expenditures for a municipal program, and WHEREAS, the Town of Queensbury desires to continue its support of the Glens Falls Senior Citizens Center, Inc. under provisions of law so as to be eligible for State Aid as a Co-sponsoring municipality, NOW, THEREFORE BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is empowered to contract with the Glens Falls Senior Citizen Center, Inc. for the furnishing of services to the elderly residents of the Town of Queensbury for the year 1985 and the payment of $5,000.00 therefore be approved, rind the Supervisor is hereby directed to execute the contract on behalf of the Town and a copy of such contract, duly executed, shall be filed with the Town Clerk. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi Mrs. Monahan Mr. Borgos Noes: None Absent: Mr. Kurosaka COUNCILMAN MONTESI-Requested two resolutions, one for the proposed Route 9 Sewer District Extension Study and the other, Bay Road Sewer Extension District Study. Referred to the correspondence between Supervisor and Quentin Kestner, need an additional twenty-one hundred for a new legal description, new routing, final report and a public hearing for the Bay Road extension. Need an additional seventeen hundred for new legal description, map plan report and hearing for the Route 9 extension. SUPERVISOR BORGOS-Noted that the monies will come from the general budget of 1988. RESOLUTION AUTHORIZING ENGINEERING, MAPPING, PLANNING AND REPORT ON PROPOSED BAY ROAD SEWER E%TENSION RESOLUTION NO. 576, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. i WHEREAS, the Town Board of the Town of Queensbury is presently considering the viability of a proposed sewer extension for the Bay Road Area of Queensbury, and WHEREAS, Kestner Engineers, P.C. have offered to engineer, map, plan and prepare a report �-- for the proposed Bay Road Sewer Extension for an amount not to exceed $2,200.00, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retaining of Kestner Engineers, P.C. to engineer, map, plan, and prepare a report for the proposed Bay Road Sewer Extension for an amount not to exceed $2,200.00, and i S� i S i BE IT FURTHER RESOLVED, that the Supervisor of the Town of Rueensbury is hereby authorized and directed to engage and retain Kestner Engineers, P.C. in accordance with the terms set forth in this resolution and sign an agreement retaining Kestner Engineers, P.C., such agreement containing. the terms and conditions set forth in this resolution, and being in such form and containing such substantive provisions as is approved by the Town Attorney of the Town of Rueensbury, and BE IT FURTHER RESOLVED, that this shall be paid from the general fund of 1988. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None i Absent: Mr. Kurosaka RESOLUTION AUTHORIZING ENGINEERING, MAPPING, PLANNING AND REPORT ON PROPOSED ROUTE 9 SEWER E%TENSION RESOLUTION NO. 577, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Rueensbury is presently considering the viability of a proposed sewer extension for the Route 9 Area of Rueensbury, and WHEREAS, Kestner Engineers, P.C. have offered to engineer, map, plan and prepare a report for the proposed Route 9 Sewer Extension for an amount not to exceed $1,700.00, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Rueensbury hereby authorizes the retaining of Kestner Engineers, P.C. to engineer, map, plan and prepare a report for the proposed Route 9 Sewer Extension for an amount not to exceed $1,700.00, and BE IT FURTHER RESOLVED, that the Supervisor of the Town of Rueensbury is hereby authorized and directed to engage and retain Kestner Engineers, P.C. in accordance with the terms set forth in this resolution and sign an agreement retaining Kestner Engineers, P.C., such agreement containing the terms and conditions set forth in this resolution, and being in such form and containing such substantive provisions as is approved by the Town Attorney of the Town of Rueensbury, and BE IT FURTHER, RESOLVED, that this sl-.atl be paid from the general fund of 1988. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka COMMUNICATIONS BID OPENING - Transportation for the Elderly Saratoga Springs Executive Limousine Saratoga Springs, New York $105.00/day based on 104 days $10,920.00 No Non-Collusive Community Workshop Inc. Rueensbury, New York Non-Collusive $12,200.00 ATTORNEY DUSEK-There has been several questions raised regarding Saratoga Springs Executive SS3 : 4- Limousine. First of all, their non-collusive statement was not filed with the bid, which although it is not good, it doesn't make the bid necessarily defective, providing that the Board finds that it was not done intentionally. There are also.questions as to their licensing, whether they are licensed to handle this area by the government, New York State, everybody has certain areas that are allocated. We don't know if they have been approved for servicing this particular area. Questions too on the insurance, they have not provided insurance specifications. Since the Board is meeting on Tti,:rsdey, we can contact this group and advise them that the Board is requesting them to provide this further information and see if they will comply. If not, then the Board will have to make a decision based on the information that you have. Would like to note that the prey^nt contract expires on December 31st. Recommend that we wait until Thursday to see if trey provide us with the proper information. TOWN CLERK DOUGHEE.-Noted that they called me and told me that the insurance was sent out on Friday, I have not received it. They also said they picked up a non-collusive and mailed it, I have not received that either. SUPERVISOR BORGOS-Then by recommendation of the Attorney we'll hold this until Thursday. Who will seek the additional information? ATTORNEY DUSEK-I'll be happy to make the call and identify the information. RESOLUTION TO ENTER EXECUTIVE SESSION RESOLUTION NO. 578, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session to discuss employment history of a particular corporation, discuss matters leading to the possible employment of a particular corporation and pending assessment litigation, potential settlements. Duly adopted by the following vote: Ayes: Mrs: Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None iAbsent: Mr. Kurosaka i On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOW4 CLERK TOWN OF QUEENSBURY � i i