Loading...
1988-01-26 1'r jot-4 Aw TOWN BOARD MEETING JANUARY 26, 198E MEMBERS PRESENT Mr. Stephen Borgos-Supervisor Mr. George Kurosaka-Councilman Mrs.-Marilyn Potenza-Councilman Mr. Ronald Montesi-Councilman Mr. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel PRESS: WBZA, G.F. Post Star GUESTS: Mr. John Morabito, Mr. James Ingalls, Mrs. Charles Adamson, Mr, Charles Adamson PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA 7:30 P.M. OPEN FORUM SUPERVISOR BORGOS-Called the meeting to order... Asked for public input... MR. JOHN MORABITO-13 Westland Avenue-The Town of Wilton is in the process of passing an ethic bill, the reason given, rapid growth, the bill would apply to all the members of the Town Board and the Planning Board, has this Town Board considered this? SUPERVISOR BORGOS-We do have a code of ethics, it is on file, the Town of Wilton's bill as proposed goes considerably further than our does, I do not see a need for it, if anyone want to know anything specific I presume they might ask the person. MR. JOHN MORABITO-Asked for a copy of the Towns present Code of Ethics. The complaint regarding the bill in Wilton was that it was complete financial disclosure, I am not as concerned with the complete financial disclosure but we should make sure there is some ethics bill that reduces or decreases the change of anything coming out. SUPERVISOR BORGOS-I believe that when you read the one we have you will be reasonably satisfied with it. MR. JOHN MORABITO-Asked if there were any records as to how the crematorium is doing? ! When did you close on the crematorium. SUPERVISOR BORGOS-A few weeks ago. MR. JOHN MORABITO-Questioned if someone from Regan and Denny trained? Who does this work at the crematorium? COUNCILMAN MONTESI-You have to be a licensed Funeral Director to bring a body into the crematorium or receive it but not both...Mr. Rodney Mosher, Supt of Pine View Cemetery and Crematorium will be in charge...Mr. Ross formerly of Regan and Denny gave us technical assistance. Reviewed the history of the cemetery property and the reconstruction of the existing crematorium... MR. JOHN MORABITO-How many cremations were preformed prior to the date of purchase? I am opposed to town government being involved in private enterprise. 'How can you rationalize to tax payers expending the sum of $40,000 out of general funds? SUPERVISOR BORGOS-The funds came out of cemetery monies...not the general taxpayer... The statistics indicate that this will be a money making operation. COUNCILMAN MONAHAN-This service is needed in the Town, funeral directors have a problem with that service being run by another funeral director, this is one of the reasons that the Town got involved. The costs were analyzed and income was analysed they found that we could do it without loosing any money on it, it was a service needed in the community and a service that seemed to be better given by the Town than a funeral director. This is not an unusual set up... I 12S CCUNCILMAN MONTESI-I believe in the first six months of operation with Mr. Ross he perform in excess of 100 cremations. TOWN COUNSEL-The main point is that the funds for this is not coming from the general town fund, it is from monies from the cemetery commission ... in the negotiations with Mr. Ross, cash flow was something that was discussed and we can provide you with those figures. MR. JOHN MORABITO-My concern is not that you make money I am opposed to the purchase in general. If we buy everything that there is a need for in Queensbury, there are other needs in the Town of Queensbury other than a crematorium. I noticed that the Town Board voted to appeal the Round Pond decision through the Court of Appeals on the basis of the principal of eminent domain, I tend to agree with you on the issue of eminent domain but my question would be if it is such a problem to the majority of the people in the Town of Queensbury, then why not put it out for a vote on that basis. If the majority of the people in the Town do not like the principal of eminent domain to acquire a parcel of property they will turn it down. The conservative philosophy vj of being against eminent domain doesn't go along with the acquisition of a private enterprise by a municipalities or town. SUPERVISOR BORGOS-On the surface that would be true...lets go back to Round Pond, Round Pond was available for sale, the Town attempted to acquire it at a price below the asking price for a portion of the property. As I understand it, it was impossible to reach an agreement on the price, subsequent to that the purchaser Mr. Passarelli came along and paid the price for which it was available for sale. Mr. Passaralli became the owner of the property. Because of comments made by the public this board did attempt and did hold meetings with Mr. Passarelli, as I understand I was not present, asking that the Town be permitted to enter into negotiations to buy the property. The owner said the property was not for sale. That leaves only one possible answer and that only possible answer is to condemn the property through the eminent domain process. Every member of the board as of last fall at least was in favor of acquiring that property if it was at all possible, if for nothing more than a scenic vista, but even perhaps a recreation area. There is some evidence in the background that perhaps it would not support recreation, some evidence because it is spring fed after a certain amount of use it would become contaminated even during the summer months. That aside, the concept of taking private land for something other than an absolute essential item, here is a conservative party and it just against the way the members of this Board felt. To hold a vote to let people say, that this Board must condemn someone elses property doesn't seem like a reasonable thing to do. Counsel made a good case, that the Judge did not agree with, indicating that, that is not the appropriate function, that government officials are elected to do those kinds of things and the right of eminent domain does not rest with the citizens in general but with the elected officials. The vote would not mean anything, it is very expensive it would be meaningless it does not seem like the right thing to do. If we did hold a vote and if someone did uphold that and the vote was in favor of buying that then we still have the question of how much is to be paid, which property is to be purchased and how will it be paid for, who will pay it. It sets a dangerous precedent. MR. JOHN MORABITO-As representatives of the people, we are a democracy the question is why should in the end not the people, when you get 700 people signing a petition originally that if a majority of the people in this town feel favorable toward that particular acquisition through eminent domain, then as board members don't you have the obligation because people elected you to serve that purpose. I would think that you would listen to enough of the constituents and let them decide by vote. I lived in the town for twelve years, we eliminated the police dept. with no vote of the public on an important concern facing everybody and I am not sure what the cost of an election is. Let us decide on an important recreation area, it would be obvious if the guy was not willing to sell and maybe the proposition could be worded that way it would have to be taken by eminent domain, people would either vote for it or against it on the basis of what they feel. SUPERVISOR BORGOS-Haven't they already done that. As I recall last November this was one of the two or three major issues of some of the opposition this did go to the public and the public overwhelmingly returned the members of this board who all took the position it should not be taken. MR. JOHN MORABITO-I am not sure that was the issue that got all of you elected or not. Does that mean Lynn won my ward by ninety one votes that ninety one more people in my ward believed that we should not have acquired Round Pond... SUPERVISOR BORGOS-We have listened to the constituents, we believe we have made every attempt to purchase, the owner does not want to sell. COUNCILMAN MONAHAN-When Mr. Russo still owned the land, before he sold it, this board ' after being told by the Dept. in Albany we could acquire more land than we needed for recreation and could re-sell it, we contacted 'Mr. Russo's attorney, the town would buy all the land Mr. Russo wanted to sell even though it isn't what we needed for recreation we would give him a sum of money he required we would pay him in the method that he asked to be paid. We were told no papers had been signed we were still in the ballgame ten days latter we got a call and were told that he sold to Passarelli. MR. JOHN MORABITO-Who carries out the appeals for the Town? SUPERVISOR BORGOS-It depends on what it is, this issue we authorized our Counsel Mr. Mathias. ttt MR. JOHN MORABITO-Is the first appeal through? �= TOWN COUNSEL-It hasn't gone any further then the initial judge. MR. JOHN MORABITO-Is the cost of that included in the regular fee for the Town Attorney? SUPERVISOR BORGOS-We have a Town Counsel, hourly rate.... The cost of an election is approximately $5,500.00 to run a special election... MR. JOHN MORABITO-You are not talking a great deal of money compared to a total town budget... COUNCILMAN MONAHAN-It is when you sit here and work on a budget and try to keep the tax rate down. MR. JOHN MORABITO-Fiftyfive hundred dollars to carry out democracy is not outrageous... COUNCILMAN MONTESI-Mr. Brandt from West Mountain takes exception with the State of N.Y. being in the recreation business, you want us to buy Round Pond for recreation purposes, Mike takes exception that the State of N.Y. is in the Recreation Business, specifically in the ski business. Any town, I am getting back to the crematorium, we felt the need we felt that we would fill a need, it is a need that exists that you have to provide. We looked at the crematorium as if we were buying land, it was an asset. Noted that even before he was on the board he worked with the Town Board in acquiring Round Pond...noted strong feeling toward eminent domain, if you ask me to take property because you have to run a road through there for the public good I can see taking some property... MR. JOHN MORABITO-It is an important enough issue that my people should decide that issue, the Town for five thousand five hundred dollars should decide that issue...let the people decide... SUPERVISOR BORGOS-Spoke on the issues that are subject to permissive referendum... COUNCILMAN MONAHAN-As far as I am concerned that was a very poorly drawn petition, it did not state the amount of land to betaken it did not state where that land would be what the boundaries would be, or the cost that should be paid nor did it state how it was to be paid...I defer to counsel...if this goes to referendum and we are forced to buy it at a price to be determined, how under town law are we going to pay for it? TOWN COUNSEL-You will not be able to bond it over a long period of time because of the way the law is set up, the law says if you have a vote on the appropriation by permissive or mandatory referendum it cannot be financed for more than a period of �— five years you could not do a long term bond...there are only a limited amount of i issues that town law says are subject to permissive referendum... MR. JOHN MORABITO-Is it against town law to have an issue on whether or not to abolish the police dept.? TOWN COUNSEL-No, that isn't one...you cannot do it... MR. JOHN MORABITO-Mr. Montesi ran on the issue of Round Pond and many of you have expressed that you were in favor of Round Pond, why didn't anybody volunteer to give the petition to the Town Attorney to have him write it up in the terms that you thought would be legal, if all of you wanted Round Pond to begin with? COUNCILMAN POTENZA-The gentleman does not want to sell it.. i COUNCILMAN MONTESI-You are a member of the Queensbury Association a very environmentally concerned group...one of the proposals during the negotiations with Mr. Passarelli one of the alternative proposals that he gave was, what do you own in the Town that we can trade, we gave him a list of what we own there wasn't anything that interested him except one thing, he wanted the property on Potter Road, your street that this Town Board is fighting with the City of Glens Falls saying we are not sure that, that should be developed at 3 acre lots. MR. JIM INGALLS-Cleverdale-There is an important difference between the Ward System Petition and the Queensbury Association petitions in that in the Ward System petitions we got it filled out and brought it in we gave it to the Town, the Town looked at it and said you did something wrong, you filed this a day early and you have the wrong word, general election, at this point we went out and re-worded the petition and went back to everyone and got 700 signatures the second time and brought it into the Town and they said that is right. Bill Morton could have done the same thing but he was so worried that he would not get it in before the next governors election that he just handed it in when the town said it was not right. MRS. CHARLES ADAMSON-(Gave Town Board copy of informations she had compiled regarding tax assessments etc.) Spoke about article in Post Star 1983 "But towns which do reassess using the state manual will have fairer assessments and assessors will have good solid reasons to back up the values they place on the property" I thought that was interesting. In the same article Mrs. Walter said " her town is interested in the program...towns are facing increasing numbers of court challenges over assessments. Even though Queensbury wins a lot of these challenges, the town must pay the cost of defending them. She said. With the new assessment program, there would probably not be as many challenges because the assessor could use the manual to explain clearly to a property owner how he had arrived at the assessment.""Johnsburg Supervisor Sterling Goodspeed, chairman of the County Board, said the supervisor should be aware that this could cause a problem for school districts because state aid formulas are based on the amount of wealth (assessed valuation) behind each pupil." That is something that should have been taken into account... Asked if there were any statistics on the number of court cases we had in the past few years, how much it cost the town and how this years came out? SUPERVISOR BORGOS-I am not sure anyone has done those calculations, obviously this year and the year Clemshaw reappraisal come through (1973-74) there were large numbers this year and large numbers way back then. COUNCILMAN MONAHAN-I believe Mrs. Walters comments were in regard to commercial litigation, that has been going on for many years. MRS. ADAMSON-What happens if the commercial ventures such as Caldor and Pyramid malls assessment goes down, are we then carrying a higher brunt because of that? TOWN COUNSEL-Spoke on the Caldor and Pyramid separate law suits...if they won everyone would pick up the slack... MRS. ADAMSON-Asked for any other Article 7's that have been settled and the amounts of money that have been paid to the Attorney, since the Nov. 12th ones...I am trying to determine how much this is costing, whether is might not have been wiser to have settled more of these grievance then to force people into the kind of money that it cost them and the kind of money the town spent upon this...I understand Mrs. Potenza has been appointed the Chairman of the Assessment Comittee... SUPERVISOR BORGOS-This is the Assessment Committee of this Board... MRS. ADAMSON-So little assistance was given to the lake through the grievance day hearings, I have grave concerns about your going on with this assignment that you have been given, because I do not feel people were given a fair hearing. COUNCILMAN POTENZA-I think that is a judgement call, I think my Board did an excellent job. Reviewed the years she served on the Board-noted-that the Town now has 10,000 pieces of property we had 575 grievances I think that is a remarkable job that the Assessor and his people did. The job of the grievance board is to support Mr. LaRose's findings..it is your job to prove to the Board that he is wrong. COUNCILMAN MONTESI-You have to admit Mrs. Adamson that what ever the figure is, traditionally for the last eight or ten years the lake has been undervalued. SUPERVISOR BORGOS-I made the sole decision on who would service on the various committees of the Town Board, I did that based on the background of the individuals involved and in the case of that committee I selected Mrs. Potenza, she knows the system, knows how it works just as I did when I came on a few years ago I think it is important that people who know the system be there. Noted that the State has placed in effect very strict guidelines limiting the powers of the Board of Assessment review... MRS. ADAMSON-My request is that I be given the names of anyone else who has settled a claim and Mr. Mathias's fees related to this... Because of the increase in assessments on the Lake Area does all of the monies collected in that area for fire protection go to No. Qsby. Fire Dept.? SUPERVISOR BORGOS-Much to your benefit, it is a town wide fire protection emergency medical services tax which is collected throughout the town and then allocated throughout the Town based on the contractual negotiations...what the pyramid mall pays here goes into the same pool and then is split up to go town wide. If you check more than a " fair share goes to North Queensbury. COUNCILMAN MONAHAN-As a personal opinion I have looked over the tax rolls and have talked with people and I think you will find that this is not a problem just to North Queensbury. SUPERVISOR BORGOS-We are following up on the State Level, a lot of the things that you are asking for have to be done on the State Level we cannot regulate some of those laws and rules... MR. CHARLES ADAMSON-Assembly Point-Regarding the vacancies on the Board of Assessment Review, what has bothered me is, that, this is taxation without explanation ... I would like to suggest that the Board of Assessment do a full job, that form has room for comment, I would request that you appoint no one that is unwilling to sit down and make a comment as to why they made the decision the way he did it. You could extend that also to small claims...I missed the opportunity at the last County Board Meeting to make my feelings on what I suppose somebody could call the Warren County Republican Party Employment Office, I can understand why Lloyd Demboski voted for that, I can understand why Bill Barton did I don't understand why Ham Robertson didn't exercise his right not to vote I have a little bit of difficulty understanding how Mrs. Little who has been taken a strong position on the trash burning, very independent of the Republican hierarchy, and Steve I am not quite sure how... �y ! SUPERVISOR BORGOS-I have never met Mr. Meade in my life, I knew nothing about the `i appointment of a particular person until I read it in the paper, I did vote for the position because even here in the Town of Queensbury we have a full-time building and grounds supervisor with a smaller number of buildings and smaller amount of property, I think the County needs that kind of position I disagree entirely the way the position was filled but that was not the question before me to vote on. If I voted no I would be voting to say that I didn't believe that the position was a good one, and I do not agree with that, I voted yes because I think that the position is important. COUNCILMAN MONTESI-Mr. Adamson, I-hope that when the announcement goes out for the opening on the Assessment Review Board that you or your wife would consider coming in and applying for the position, we do need someone on the lake... SUPERVISOR BORGOS-Asked for further comments...OPEN FORUM Closed... RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 41, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board minutes of January S, 1988 be and hereby are approved. ff � ! Duly adopted by the following vote: 4_ Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION IN THE`14ATTB OF THE HILAND PARK SEVER DISTRICT IN THE TOINI OF 4UEENSSURY COUNTY OF WARREN, STATE OF NEM YORK PURSUANT TO ARTICLE 12-A OF THE TOW LAW FINAL ORDER RESOLUTION NO. 42, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has heretofore duly causd a general map, plan and report to be prepared by a competent engineer, duly licensed by the State of New York, which have been filed in the Office of the Town Clerk of said Town in relation to the establishment of a sewer district in said Town, to be known as The Hiland Park Sewer District, and WHEREAS, an order was duly adopted by said Town Board on the 8th day of December, 1987, reciting a description of the boundaries of said proposed sewer district, the - improvements proposed therefor, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the terms of a letter of intent regarding the construction and financing of such improvements, the fact that said map, plan and report were on file in the Town Clerk's Office for public inspection, and specifying the 22nd day of December, 1987, at 7:30 o'clock p.m., prevailing time, at the Queensbury Town Office Building, Bay & Haviland Roads, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same, and WHEREAS, such order was duly published and posted in the manner and within the time prescribed by Section 209-D of the Town Law and proof of such publication and posting has been duly presented to said Town Board, and WHEREAS, said public hearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were duly heard, and WHEREAS, following public hearing, and upon the evidence given thereat and upon the general map, plan and report.along with the Final Environmental Impact Statement for Hiland Park a Planned Unit Development hereto filed with the Town Board in accordance with the requirements of the State Environmental Quality Review Act discussing the establishment of the proposed Hiland Park Sewer District and the construction of the improvements proposed thereof, and WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duly adopted a resolution determining in the affirmative all 'of the questions set forth in Subdivision 1 of Section 209-e of the Town Law, and WHEREAS, following said public hearing, said Town Board also duly adopted a resolution approving the establishment of said sewer district and the construction of the improvements proposed thereof, said resolution expressly providing that it was subject to a permissive referendum as provided by Section 209-e of the Town Law, and WHEREAS, after the expiration of the time for filing a petition requesting that the matter be submitted to a referendum to the eligible voters of the proposed district, the Town Clerk duly filed a certificate stating that no petition requesting that the matter be submitted to a referendum had been filed with said Town Clerk, and WHEREAS, permission of the State Comptroller is not required because financing of the district will not occur by the issuance of bonds as evidence of indebtedness of said Town, now, therefore, it is hereby ORDERED, by the Town Board of the Town of Queensbury, Warren County, New York as follows, SECTION 1. A sewer district in the Town of Queensbury, Warren County, New York, to be known as the Hiland Park Sewer District, is hereby established in accordance with aforesaid order of the Town Board and is bounded and described as set forth in Schedule "A" attached hereto and made a part hereof. SECTION 2. The improvements proposed for said sewer district including original furnishings, equipment, or apparatus required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, are hereby approved. The entire cost of said improvement shall be paid by Hiland Park Corporation. The cost and expense of the applicable portion of the cost of the existing capital improvements of the Quaker Road Sewer District shall be payable in the first instance from the several lots and parcels of land within the Hiland Park Sewer;District which the Town Board of said Town shall determine and specify to be especially benefited thereby in the manner prescribed by subdivision 2 of section 202 of the Town Law. 1�1V SECTION 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the Office of the Clerk of Warren County, New York within ten (10) days after the adoption of this order by this Town Board and to file a certified copy thereof within that time in the Office of the State Department of Audit and Control, in Albany, New York, both pursuant to Subdivision l of Section 209-g of the Town Law. When so recorded, such order shall be presumptive evidence of the regularity of the proceedings for the establishment of said Hiland Park Sewer District, of the proceedings instituted for the construction of the improvements hereinbefore described and of all other action taken by said Town Board in relation thereto. SECTION 4. This order shall take effect immediately. f Duly adopted by the folTowing voter • Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None SCHEDULE A. BOUNDARY DESCRIPTION HILAND PARK SEWER DISTRICT Beginning at a point at the southerly side of Haviland Road across from the intersection of Haviland Road and Clearview Road; thence heading in a westerly direction a distance of approximately 1200' to the intersection of the south side of Haviland Road and a projection of the easterly lot line of Lot 46-1-7.1 of the tax maps of Warren County; thence in a northerly direction across Haviland Road along the easterly side of Lot 46-1-7.1 a distance of 1800 lineal feet in ,a northerly direction; thence northeasterly 6CO feet to the intersection of the west side of'Rockwell Road; thence a northerly distance of 850 feet to the southeast corner of Lot 54-3-14.2; thence along the southerly boundary of Lot 54-3-14.2 in a westerly direction to the southwest corner of Lot 54-3-14.2; thence along the westerly boundary of Lot 54-3-14.2 a distance of 800 feet to a point; thence in a westerly direction overlands of Hiland Park a distance of approximately 750 feet to a point at the intersection of the property line of Lot 46-1-3; thence in a southerly direction along the easterly boundary of Lot 46-1-3 a distance of 1400 -- lineal feet to a point at the southeast corner of Lot 46-1-3; thence in a westerly direction along the southern boundaries of Lots 46-1=3,48-3-51.1 and 60-1-1; thence in a southerly direction along the easterly bounds of Lot 60-1-1 to the intersection of the southerly bound of Haviland Road adjacent to Lot 60-2-21; thence in a easterly direction to the northeast corner of Lot 60-2-21; thence in a southerly and westerly direction along the east and southern bounds of Lot 60-2-21; thence in a southerly direction along the easterly, southerly and easterly lines of Lot 60-2-16.1 to the intersection to the southeast corner of Lot 60-2-16.1; thence in a westerly direction along the northern boundary of Lot 60-2-3.4 and 60-2-3.32; thence crossing Meadowbrook Road in an easterly direction to the eastern side of Meadowbrook Road; thence along the right-of-way of Meadowbrook Road to the northwest corner of Lot 46-2-4.1; thence easterly along the northern bounds of Lots 46-2-4.1 and 46-2-38; thence northerly along the western, northern, western, and northern sides of Lot 55-1-1 in a northerly, easterly, northerly and easterly direction; thence along the northern side of Lot 55-1-2.1 to the westerly side of Lot 54-5-11.1; thence northerly along the westerly line of Lot 54-5-11.1 and lot 54-5-17 to the northwest corner of Lot 54-5-17; thence easterly along the northerly side of Lot 54-5-17 to the intersection of the westerly line of Lot 54-5-6.6; thence in a northerly direction along the westerly line of Lot 54-5-6.6 to the point of beginning. All the above described property is included within the proposed district, excepting from said district Parcel 7.1, Block 1, Section 46 of said tax map, and Parcel 3, Block 1, Section 60 of said tax map, which are totally surrounded by lands of said district. RESOLUTION TO RETAIN ENGINEERS RESOLUTION NO. 43, Introduced by Mr. Ronald Montesi who moved for its adoption, seconed by Mrs. Marilyn Potenza: WHEREAS, there is a need for engineering work services for two extensions of the Central Queensbury Quaker Road Sewer District and WHEREAS, Kestner Engineers are. the designers of the sewer system and are most familiar with the project, NOW, THEREFORE BE IT !I I J RESOLVED, that the Town Board retain Kestner Engineers P.C. Troy, N.Y. to provide an Engineering Report for the formation of an extension to the Central Queensbury Quaker Road Sewer District north on Bay Road, extending 500' north of the Queensbury Town Office Building property line for a fee not to exceed $2,000.00 and the preparation of an engineering report for the formation of an extension to the Central Queensbury Quaker Road Sewer District west along Route 9 from Mr. B's Sub Shop to Sweet Road for a fee not to exceed $2,000.00 and be it'further RESOLVED, that this resolution is subject to permissive referendum in accordance with Section 209-b of the Town Law. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None DISCUSSION HELD-Councilman Montesi requested that the resolution reflect the title of the sewer district as being the Central Queensbury Quaker Road Sewer Dist....that this be referred to as an extension... a more specific district location was added to the resolution.... agreed to by the Town Board... RESOLUTION TO APPOINT NEALTH.OFFICER RESOLUTION NO. 44, Introduced by Mr. George Kurosaka who moved for it is adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the term of office of Dr. Robert Evans, D.O. of Cleverdale, Queensbury as Health Officer of the Town of Queensbury has expired as of December 31, 1987 and WHEREAS, the Town Board of the Town of Queensbury wishes to reappoint Dr. Robert Evans, D.O. to the position of Health Officer for the Town, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Dr. Robert Evans D.O. of Cleverdale, Queensbury to the position of Health Officer, term to begin on January 1, 1988 and expiring on December 31, 1991. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION MENDING RESOLUTION NO. 40 OF 1988 RESOLUTION NO. 45, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, by Resolution NO. 40 of 1988 the Town Board initiated the procedures for the tax levy for the Quaker Road Sewer District, and WHEREAS, revised tax bills have been prepared for those properties within the Quaker Road Sewer District and a new rate established therein, and WHEREAS, the exact mathematical computation of the new tax rate results in a total of $518,317.38 to be raised by real property taxes, and WHEREAS, Resolution No. 40 of 1988, prepared without computer assistance, established the sum of $518,117.00 to be raised by taxes, and WHEREAS, the amount of the tax levy and total of the tax bills should be consistent, NOW, THEREFORE BE IT RESOLVED, that Resolution No. 40 of 1988 is amended as follows: RESOLVED, that the Supervisor is hereby authorized to file an application with the County Director of Real Property Tax Services, on behalf of all owners of real property affected by the error setting forth the specifics of the problem and requesting that the tax levy to be raised from the Quaker Road Sewer District be revised form $937,117.00 to $518,317.38, and BE IT FURTHER RESOLVED, that the Town Board ratifies and confirms all remaining sections of Resolution No. 40 of 1988. Duly adopted by the following vote: t Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COMMUNICATIONS SUPERVISOR BORGOS-Regarding the proposed No. Qsby. Sewer Dist. we are very much aware of the potential tax impact, we are locking at all kinds of methods of calculating the sewer tax rates it doesn't have to be done on assessed valuation it could be done on usage it could be done on all kinds of other things, we are working on that. Unless the cost comes down within a range that is reasonable this will never be funded. This district would not be feasible without some kind of outside help. I have a number of announcements to make: 1. There are two vacancies on the Board of Assessment Review 2. These is also a vacancy on the Planning Board...(please address application to the Town Supervisor in both instances) 3. Quaker Road Sewer Dist.-corrected bills have been mailed out...refunds will be mailed on February 11, 1968 from Warren County for those that have already paid their Sewer Dist. Tax.(Warren County Board of Supervisors will have to approve a resolution in order to make the refund) The County Treasurer's Office has been extremely cooperative in helping this process along. 4. Pershing Ashley Coolidge Sewer Dist.-PAC -regarding the increase in the dollar amount for this district it is unver study...if we find an error we _ y will do whatever is necessary to correct that... 5. Lighting Dist. I have received many questions...if anyone would like a light in put in their neighborhood all we need is a letter from the individual with a notation of the pole # and we will take a look at it...each new street light costs us approximately $250, per year. -LTR. Nathan Proller-requesting a stop sign on Ft. Amherst Road...on file... This will be studied...noted that the City of Glens Falls will have to be consulted because half of the road is in the City... BID OPENING HIGHWAY DEPT. 1 TON 4x2 Orange Motors Albany. N.Y. Non. Col. attached $14,270.00 Ron Kuba Comstock, N.Y. Non. Col. attached $14,675.00 Quaker Ford Queensbury, N.Y. No Non. Col. $15.214.00 Ross Truck Cntr. Granville, N.Y. Non. Col. attached $14,539.00 -Ltr. Highway Dept. recommending the bid be awarded to Orange Motors, Albany. N.Y. on file... RESOLUTION TO ACCEPT BID RESOLUTION NO. 46, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Paul Naylor, Highway Supt. did recommend that we advertise for a One Ton Dual Rear Wheel Cab and Chassis, ar,d WHEREAS, four bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher and WEEREPS, Mr. Paul Naylor has recommended the bid be awarded to Orange Motors, Albany, N.Y. in the amount of $14,270.00, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby awards the bid to Orange Motors of Albany, New York in the amount of $14,270.00 and be it further RESOLVED, that the financing for such vehicle is included in the 1988 Highway Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i Noes: None Absent: None BID OPENING-HIGHWAY DEPT. -ONE TON 4 WHEEL DRIVE DUAL REAR WHEEL CAB AND CHASSIS Ron Kuba Comstock, N.Y. Non. Collusive attached $17,095.00 Quaker Ford Queensbury, N.Y. no non. collusive $16,862.00 Ross Truck Cntr. Granville, N.Y. Non. Collusive attached $16,324.00 -Ltr. Queensbury Highway Dept. Recommending the bid be awarded to Ron Kuba in the amount of $17,095.00 on file... RESOLUTION TO ACCEPT BID RESOLUTION NO. 47, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Paul Naylor, Highway Supt. did recommend that we advertise for a One � - Ton Four Wheel Drive dual wheel cab and chassis and WHEREAS, three bid were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher and WHEREAS, Mr. Naylor did recommend that the bid be awarded to Kon Kuba Ford Mercury of Comstock N.Y. in the amount of $17,095.00 listing the following reasons for not accepting the other bids:: 1. Ross Truck Center of Granville was low bid but did not meet engine specifications. 2. Quaker Ford of Glens Falls, N.Y. did not submit a non-collusive at the bid opening. NOW, THEREFORE BE IT RESOLVED, that the Town Board upon the recomrendation of the Highway Supt. hereby awards the bid to Ron Kuba Ford Mercury of Comstock N.Y, in the amount of $17,095.00 and be it further RESOLVED, that the financing for such equipment is in the 1988 Highway Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None 1 i Absent: None BID OPENING CONTRACT NO. 8A Pumping Station Emergency Power System Southworth Machinery Inc. Harts Lane - Menands Albany, N.Y. 12204 Non. Col. Attached $21,925.00 Bid turned over to Kestner Engineers for their recommendation. BID OPENING WATER DEPT. CHEMICALS Monarch. Chemical Utica, N.Y. Non. Col. Attached Caustic Soda 255.97 net ton Chlorine 491.50 ea. 1 ton Deposit 750.00 ea. Holland Company Adams, Mass. Non. Col. Attached Alum 187.20 net ton. Ltr.Water Dept. recommending that the bids be awarded to the low bidders. RESOLUTION TO ACCEPT BIDS RESOLUTION NO. 48, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, Mr. Thomas K. Flaherty did recommend that we advertise for bids for Water Dept. Chemicals and WHEREAS, two bids were received and opened at the specified time and place by the Director of Purchasing/Town Clerk Darleen M. Dougher and WHEREAS, by letter Mr. Flaherty has recommended that the bids be awarded to the lowest bidder, NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby awards the bids as follows Monarch Chemical, Utica, N.Y. Caustic Soda $255.97 net ton Chlorine 491.50 ea. 1 ton Deposit 750.00 ea. Holland Company, Adams, Mass. Alum 187.20 net ton and be it further RESOLVED, that the financing for such materials is included in the 1988 Water Dept. Budget. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None SPECIAL AUDIT OF BILLS i RESOLUTION NO. 49, Introduced by Mr. George Kurosaka, who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that Audit of Bills as appears on Abstract January (1987) and numbered 4445 and totaling $7,585.00 and Abstract January (1988) and numbered 29-31 and totaling $30,915.00 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION C4LLING FOR EXECUTIVE SESSION RESOLUTION NQ. 50, Introduced by Mr. George Kurosaka who moved for its adoption, seconded seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board hereby moves into executive session to discuss, Labor Negotiations, Personnel regarding salaries, possible land acquisition or sale, possible litigation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None On Motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. ROUGHER TOWN CLERK I {