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1988-04-26 tiQO . TOWN BOARD MEETING APRIL 26, 1988 7:30 P.M. MEMBERS PRESENT: MR. STEPHEN BORGOS-SUPERVISOR MR. GEORGE KUROSAKA-COUNCILMAN MRS. MARILYN POTNEZA-COUNCILMAN MR. RONALD MONTESI-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN TOWN COUNSEL WILSON MATHIAS TOWN OFFICIALS MR. PAUL NAYLOR, MR. RICK MISSITA, MR. THOMAS FLAHERTY PRESS: WBZA, WWSC, G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTEEZA PUBLIC HEARING-regarding Sanitary Rates and Regs.(pulled from Agenda) NOTICE SHOWN PUBLIC HEARING-Proposed Water Rate Increase NOTICE SHOWN Plinney Tucker-Please tell me why? Supervisor Borgos-Yes, essentially when we met as the water committee, we determined that we have been selling water substantially below the price that it has been costing us to produce the treated water and that it was time to try and recover that. The proposed rates are set so that those people who use little water at all, particularly retired folks on restricted incomes will have no increase based on the restructuring, and those people who use a lot of water would have a modest increase. The typical family who uses 80,000 gallons a year, if it were spread equally over the year, I believe the rate of increase would be $20.00 for the whole year. Bill Bodenweiser, owner of the Alpenhaus Motel on Route 9-I'm concerned about the point that you just brought up on the usage rates for places like ours. How would it reflect the many Hotels and Motels in the area? Tom Flaherty-The bottom line is that you will pay more. It is based on your meter rate, your rate per 1,000 gallons will be increased therefore your costs will increased. Mr. Bodenweiser-Sometimes in the electrical fees, if you use a great deal more, you can get a cheaper rate, but that doesn't seem to be so with the water rate. Supervisor Borgos-We do have a current rate structure, if you go over 10 million gallons a year, is that correct Mr. Flaherty? Mr. Flaherty-I believe that is what it is. We have a step rate structure, I believe there will be further discussion on that. I'm not satisfied that its the correct step rate structure, I think it was derived several years ago, many years ago and probably needs to be looked into also. We do not have a peak rate structure as you are referring to as the power and gas companies in the area. Councilman Montesi-One of the companies that you would think would use a tremendous amount of water is West Mountain when they make snow, and they don't qualify with the millions of gallons they use for the reduced rate either. I think the point that Steve was making was that there are a lot of small homes, single family homes, retired people that don't use a substantial amount of water, what we are trying to do with this rate structure was to say that if you fall below 48,000 gallons a year there would be a set fee of $17.00 per quarter. For anyone else who was up over 48,000 gallons you pay $17.00 plus the $1.20 per 1,000 gallons after that. Mr. Bodenweiser-I'm worried that one may escalate the other and then I'm faced with a sewer bill I can not handle. Councilman Montesi-Probably the sewer rate, part of the cost of the sewer will be based on flow. We are transporting to a sewer treatment plant so we need to address in part flow, to address in part the value of the property, and some cases the size of the property. Mr. Flaherty-What we are basically trying to do is reflect our increased operation cost. Our power bills have gone up over the past five years, our cost of chemicals, insurance, labor, we have absorbed that for the past 5 years, it has got to the point where we can not absorb it any longer. Supervisor Borgos-We have determined that it has been costing $1.06 per thousand gallons to treat and actually deliver this water. Above the basic rate, we have been charging 92t per thousand, so we are actually losing 14¢ per thousand gallons. The proposal is to take us to $1.20, about a 14t per thousand gallon cushion — above the basic charges. The thought again is, that it wouldn't have to be increased for two or three years. An average family of four people would occasionally use a thousand gallons per day, is that right Mr. Flaherty? Mr. Flaherty-The only time to expect a typical home to use something like that, is if they are using an awful lot of water during the summer months on their lawns. Supervisor Borgos-Built into the basic rate would still be 12,000 gallons per quarter, that would be for the $17.00 flat rate. Mr. Tucker-Are we selling water? Supervisor Borgos-Yes, we are selling to the Town of Kingsbury. Mr. Tucker-What are they paying? Mr. Flaherty-They pay $1.65 per thousand gallons. Mr. Tucker-How long is this agreement for? I Mr. Flaherty-I believe it is a five year agreement, but don't hold me to that. Councilman Montesi-I believe there is a specific amount of 400 thousand gallons per day. Supervisor Borgos-We are looking for other customers, and we have other people waiting. Mr. Tucker-Do I understand correctly that we are operating in the red, the Water Department. Supervisor Borgos-The Water Department altogether over all is alright, because there are several sources of income. But as far as the cost per thousand gallons we have actually been losing or operating in the red, a difference of 14d per thousand gallons. Mr. Tucker-Lets go back when this thing was established, it wasn't established to make a profit, it was established as a service to the community. You just said we are not operating in the red. Supervisor Borgos-I don't believe the Water Department is permitted to operate in the red overall. Mr. Tucker-Are they legally permitted to operate at a profit? Councilman Kurosaka-The Water Department is the only department within the Town Government that can be revenue producing. It will cover some of the costs for the new emergency power plant. Mr. Tucker-Where do we stand on the bond issue that was established to build this. Mr. Flaherty-We are still working on the original bond, but I don't have my papers with me, possibly 1990. What we are trying to do is cover operation and maintenance by strictly use. 202 Councilman Kurosaka-The other 14� were coming from people who were paying advalorem tax and not using the water. We are trying to equalize this so that the users are actually paying for the water. It is divided into two things, the water rent which you pay for using the water and the advalorem tax to pay for the cost to maintain the street, the fire hydrants and everything else involved. Mr. Tucker-Are we going through a cycle, the School Board just hit us with 16%. My County tax better than a $100.00 over a year. We used to leave some of the money from the sales tax to take care of the county tax, and that's all coming into the Town. Supervisor Borgos-The extra you are paying is actually below what it costs to produce, and that is not fair. It should be only pennies, and the only people who should be impacted are those who are using it a great deal. The bottom line _ is you need more money coming in, now is it better to sock it to one individual or spread it out? It seems like the fairest way is to spread it out among those people who are using the service. You have increased costs, labor, chemicals, and the utilities increase costs, some where you have to get the money to make up that, and it seems only fair to spread it out among the people who are using the service. PUBLIC HEARING II CLOSED 7:54 PUBLIC HEARING I-regarding Sanitary Rates and Regs. (pulled from agenda) NOTICE SHOWN Supervisor Borgos-Is there anyone who wishes to speak on behalf of the rates and regulations? Bill Bodenweiser, owner of Alpenhaus Motel-Sewer rates, are they established? Councilman Montesi-We should be able to go to the public at the next town board meeting. We have trying to work out an equitable rate structure that would be fair to all people. Based on when this sewer district was proposed four or five years ago, statements from the map of records, stated that the average home owner should pay somewhere between 450-500 dollars a year, sewer tax. Now, five years later, we have got our bonding, we are into construction and we are ready to start sending bills out, pipes are in the ground. How close are we, and if we are not, why aren't we? There are some variables, we don't treat the sewer, we send it to Glens Falls. There is an agreement with Glens Falls they we will pay operating and maintenance. How will that impact on our sewer tax, what's the flow of water per house and how does it effect it? We have discovered some homes that are using 150,000 gallons of water with two people living there. Do they realize how expensive that is if you are paying part of that in you sewer tax. What causes that kind of water flow? Sprinkling your lawn, it might be cheaper to put a well head in, these are some considerations. The original Queensbury Sewer District One tax rate for a hotel was $5,000.00, that was the original proposal, don't hold me to that. Supervisor Borgos-I think it would be less. Mr. Bodenweiser-The sewer connection cost, we must be having people coming into Town at the present time that are going to be licensed in some ways to make these connections. Mr. Flaherty-That was what the original hearing was tentatively set for, to discuss the regulations and requirements for the sewer connections for the contractors. We are having a workshop on Thursday the 28th at 2:00 P.M. at the Water Treatment Plant. It is for any sewer contractor who wishes to do work in the town and we will explain to them the requirements and they will have to meet certain qualifications, provide us with insurance and register with us so that we do know who is doing work. It will have to be inspected before the backfill. We are under contract with the City of Glens Falls to treat our sewage. Our sewage is metered as it goes into the City and we pay for whatever liquid that goes into the City. Whether it is ground water that has infiltrated into the sewer system or it is actually sewage to be treated. Were are also controlled over how many gallons or thousands of gallons of sewage delivered to the City, we don't want to use that up unless it is necessary. Mr. Bodenweiser-Will we have any control over the possibility of the sewer going in at the same time as the reconstruction of Route 9? Has there been a resolution to declare an extension in my area and how does it come about? Councilman Montesi-The sewer project contract for specifically your neighborhood, I think is Sewer District 6 for your road. Meeting with the contractor who was given that particular District was Shultz. Present were Nimo, Telephone, Gas lines, State of New York, DOT Paul Naylor, Water Department, anyone that has something in the ground or has some bearing on the road was present. The one that has the key bearing is the State of New York. They stated that the sewer line would not be in the roadway. They also stated that we will be resurfacing the road sometime this summer. In no case will they close a lane. Our Engineering firm, Kestner Engineering and Tom Flaherty have proposed an addition that will come before the Town Board within the next month, up to and including Robert Gardens. The engineer has been charged with drawing up a map plan of record to show what route he would take up Route 9. That should be coming back to us in the next 2-3 weeks, and we will start the process. Once we propose that sewer district, we have to wait 30 days to see if there is a permissive referendum. Within the next 1 112 I would hope we are on the road to these two extensions. PUBLIC HEARING III-regarding Unsafe Structure-Michael and Lorraine Zma NOTICE SHOWN Counsel Mathias-I have had some discussions with Mr. Zuma, I would recommend that I discuss the status of this under the heading of pending litigation with the board in executive session. Supervisor Borgos-Anyone here to discuss that further? It appears to be a lot more in depth than when originally presented. Councilman Montesi-This is an issue that has been stewing for a long time, I presume that pending litigation, it is something resolvable? Counsel Mathias-To discuss it a little further, what I spoke about with the Supervisor was to bring a proceeding in Town Court to enforce this, opposed to the more radical relief that would be achieved under the unsafe structure's law. I believe that this is another route that will achieve the same result. I PUBLIC HEARING CLOSED OPEN FORUM 8:00 Supervisor Borgos-Recognizes the Marcy Family and members of their neighborhood in regards to the trailbikes and noise occurring in their area. Asked the Town Counsel to brief us on what he has found. Counsel Mathias-Stated that one possible method may be to establish permits allowing this type of activity with certain standards, one of which would be a reasonable distance from residents. Stated that another possible method could be some type of Noise Ordinance. Stated that he would have by May 10, some form of local ordinance to deal with the situation. John Caffry, Representative for Big Cedar Swamp Collition-Stated, in reference to Earltown's Supplement Environmental Impact Statement, that they feel there are many key issues that are not addressed. Requesting that the Board, rather than schedule a public hearing and a comment period, that they send it back to Earltown until these key issues are addressed. Supervisor Borgos-Noted that he spoke with Mr. Caffry during the day on the phone. Also noted that one of those issues regarding the Iroquois Nation Indian's position on the two Archeological Sites that have been discovered there, has been addressed and Earltown will leave those two sites completely undisturbed. Stated that the comment period and public hearing is needed to get input from the public in order to discuss and address these issues. Edward Bartholomew, Representative for Earltown-Stated that the complete process that was taken with the Draft Impact Statement will again apply to the Supplemental Impact Statement. Noted that documents will be available at Adirondack Comrrunity College Library, Glens Falls Library, at the Town Hall and that it will also be distributed to all involved Federal and State Agencies as well as copies available 204 for the public. Noted that after the public hearing and comment period the Earltown Corporation will review those issues presented and take direction from the Town Board at that point. Would also like to note that the Final Impact Statement has to be available for public review and has to be distributed to all the Federal and State Agencies for public comment before the Town Board can take final action. Mr. Caffry-Stated that many of theses issues are legally required to be in the Draft EIS, if they are not in there, they are not fit for public comment and Earltown should not be allowed to pass off an incomplete document. Supervisor Borgos-Noted that Earltown came under the old rules and regulations, they supply the Supplement that is not legally required. Noted that there is no provision in the law that I can find to provide for a notice of completion of this Supplementary Information which is not by itself a Supplemental Draft Environmental Impact Statement. Noted that this is extra information, that is was entirely optional and asked for by the Board, not required and that Earltown opted to provide. Mr. Bartholomew-Noted that Earltown welcomes the opportunity for the public comment and hearing for a better project for the Town. Mr. Tucker, Division Road-Stated that there is a building which has been condemned on his street that is over taken by stray cats. Noted his concern of a health hazard he would like the building removed. Supervisor Borgos-Suggested that the proper step would be to call the Building Department to check if there are any violations to rules and regulations. Councilman Mathias-Noted that the best way for the Town Board to act in this instance is by recommendation from the Building Department. Supervisor Borgos-Noted that the next Town Board meeting will be held Tuesday, May 10 at 4:00 P.M. at the Town Office Building, instead of the regular 7:30 P.M. meeting time. Noted that it would be an experiment on a trial basis to hold the meetings at 4 in the afternoon every other meeting. Also noted that two days from now would be the 26th anniversary of the West Glens Falls Forest fire, April 28, 1962. OPEN FORUM CLOSED 8:44 P.M. RESOLUTION-OLD BUSINESS RESOLUTION TO UNTABLE RESOLUTION NO. 157, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board bring back on the floor Resolution No. 129 of 1988, "RESOLUTION AUTHORIZING LAND EXCHANGE Between TOWN AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING LAND EXCHANGE BETWEEN TOWN AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO. 129, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury has heretofore applied and obtained a permit from the New York State Environmental Conservation with respect to the performance of certain improvements to Hovey Pond located within the Town of Queensbury, and WHEREAS, in order to effectuate such plans, the Town is desirous of obtaining 4.05 certain property and riparian rights from the Queensbury Central Volunteer Fire Company, Inc., an adjoining property owner to Town lands situate on Hovey Pond, and WHEREAS, the Queensbury Central Fire Company, Inc., is desirous of obtaining additional frontage on Lafeyette Street across property currently owned by the Town of Queensbury, and WHEREAS, the Town of Queensbury has obtained the professional real estate appraisal opinion that the lands proposed to be exchanged are of approximately equal value, and WHEREAS, the Town Board of the Town of Queensbury finds that the proposed land exchange will benefit the residents of the Town of Queensbury by enhancing the development of the Hovey Pond recreational area by the Town of Queensbury and further enhancing fire protection for those residents served by the Queensbury Central Fire Company, Inc., NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury upon acceptable indicia of title, hereby authorize the exchange of properties more particularly described in the annexed descriptions, and the Supervisor is hereby authorized to execute a deed of the property described to the Queensbury Central Volunteer Fire Company, Inc., and BE IT FURTHER RESOLVED, that in accordance with Section 64(2) of the Town Law of the State of New York, the foregoing resolution shall be subject to permissive referendum. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan Noes: None Absent: None Abstained: Mr. Borgos _ All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of Lafayette Street at the most northerly corner of the lands conveyed to Queensbury Central Volunteer Fire Company, Inc. by deed dated December 31, 1987 and recorded in book 701 at deeds at Page 350; running thence northerly along said Lafayette Street, a distance of 90 feet, more or less to a point; thence running South 60 degrees and 57 minutes East on a line parallel to and 90 feet from said lands of Queensbury Central Volunteer Fire Company, Inc., a distance of 203 feet, more or less to other lands of said Queensbury Central Volunteer Fire Company, Inc,; thence running South 38 degrees and 39 minutes West, a distance of 91.28 feet to the most easterly corner of said lands of Queensbury Central Volunteer Fire Company, Inc. as conveyed by book 701 of deeds at page 350; running thence North 60 degrees and 57 minutes West along said lands, a distance of 180.61 feet to the point and place of beginning containing 0.40 acres of land, be the same more or less. Bearings given in the above description refer to the magnetic North. RESOLUTIONS-NEW BUSINESS RESOLUTION AUTHORIZING ACCEPTANCE OF LAND FOR RECREATIONAL PURPOSES FROM HILAND PARK RESOLUTION NO. 158, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. WHEREAS, on July 14, 1987 the Town Board of the Town of Queensbury by Resolution No. 212 of 1987 enacted Hiland Park Planned Unit Development, and WHEREAS, the enactment of the Hiland Park Planned Unit Development was conditioned in part upon the developer deeding to the Town of Queensbury 60 plus or minus acres of land on the Half Way Brook corridor for recreational purposes, and 206 WHEREAS, a map of the land supposed to be conveyed has been prepared by VanDusen and Steves describing a 78.63 acre parcel of land, and WHEREAS, a proposed deed for the property described in the survey has been offered for acceptance by the Town, a copy of which is annexed hereto and made a part of hereof, and NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby accepts conveyance of the real property described in the annexed deed in accordance with Resolution No. 212 of 1987, and I BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute any additional documents required to effectuate the transfer, and BE IT FURTHER RESOLVED, that the deed and conveyance is accepted subject to the further condition that two existing mortgages on the premises proposed to be conveyed are released or satisfied within 45 days from the date hereof and that no certificates of occupancy be issued for work performed within the Hiland Park Planned Unit Development unless and until such discharges or releases have been recorded. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None (Copy of deed on file) RESOLUTION TO APPOINT MEMBER TO THE CITIZEN'S ADVISORY COMMITTEE ON ENVIRONMENTAL ISSUES RESOLUTION NO. 159, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Richard Sage of Ridge Road Queensbury to the Citizens Advisory Committee on Environmental Issues, term to expire on 12-31-88. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPOINT MEMBER TO THE CITIZEN'S ADVISORY COMMITTEE FOR LAKE GEORGE RESOLUTION NO. 160, Introduced by Betty Monahan who moved for its adoption, seconded Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Robert Rourke of Kattskill Bay, Queensbury to the Citizen's Advisory Committee for Lake George, term to expire on 12-31-88. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO RESCIND RESOLUTION NO. 161, Introduced by George Kurosaka who moved for its adoption, 20'7 seconded by Marilyn Potenza. RESOLVED, that Resolution No. 24, 1988 entitled RESOLUTION DETERMINING FULL STANDARD WORK DAYS be and hereby is rescinded. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION DETERMINING FULL STANDARD WORK DAYS RESOLUTION NO. 162 Introduced by George Kurosaka who moved for its adoption, seconded Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury has determined that the positions of Town Supervisor, Deputy Supervisor and Town Councilmen are full time positions due to the considerable work increase and that a standard work day is eight (8) hours NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby determines that the positions of Town Supervisor, Deputy Supervisor and Town Councilmen are hereby considered to have full standard work days as per the requirements of the N.Y. State Retirement System and be it further RESOLVED, that this be retroactive to May 1986. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None I Absent: None 4 RESOLUTION TO AMEND RESOLUTION 86 OF 1988 RESOLUTION NO. 163, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board hereby amends Resolution No. 86 of 1988 entitled RESOLUTION TO ACCEPT STANDARD SPECIFICATION FOR SEWER CONNECTIONS as follows: Section 1.2 USE OF PUBLIC SEWERS A. add "to contract with a registered contractor" (add after the word expense) Section 1.5 REGISTRATION AND INSURANCE A. reword as follows "All installation must be made by a contractor registered with Sewer District. C. eliminate this section Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Councilman Monahan-Noted that the Insurer should be licensed in the State of New York. RESOLUTION TO ACCEPT HIGHWAY MOHAWK TRAIL RESOLUTION NO. 164, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. Resolution forthcoming from Town Counsel, to be found on page Z08 RESOLUTION TO SET PUBLIC HEARING ON RATER RENT INCREASE RESOLUTION 165, Introduced by Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town of Queensbury provides water services to many parts of the Town of Queensbury, and WHEREAS, the charge for water should reflect at least the actual cost of producing such treated water, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury will hold a public hearing on May 10, 1988 at 4:00 P.M. at the Queensbury Town Office Building at change the method of calculation of water rents. The proposed rate of structure will be as follows: Family Use (Kitchen,dishwasher,washing machine) 25.00 per quarter First Bath/Shower 25.00 per quarter Additional Bath/Shower 10.00 per quarter First Toilet 24.00 per quarter Additional Toilet 24.00 per quarter Shop 18.75 per quarter Garage 45.00 per quarter Office 45.00 per quarter Store/Hotel/Motel per unit 50.00 per quarter Restaurant 100.00 per quarter Bar 150.00 per quarter Hose-May and August 40.62 per quarter Hydrant Use - per month 50.00 minimum effective if passed May 1, and showing on the water rent billing of August 1, 1988, and be it further RESOLVED, that at such public hearing, all interested parties will be heard both in favor of and opposed to said rate change. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i Noes: None Absent: None Supervisor Borgos-Noted that these are adjustments to so called flat rate where there is no meter involved and it is meant to encourage people to hook up to the meters, which will be installed by the Town at no charge. RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT RESOLUTION NO. 166, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town of Queensbury deems it advisable to dispose of accumulated scrap metals of various types currently located at the Queensbury/Glens Falls Landfill, and WHEREAS, disposal is also needed for scrap metal that will be deposited in the future, and WHEREAS, R. Brown and Sons, Inc., of Colchester, Vt., has been removing scrap metals at no cost to the town and wishes to continue to do so, NOW, THEREFORE BE IT ' { RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is empowered to sign an agreement with R. Brown and Sons, Inc. to maintain their scrap metal removal service for a period of five years at no cost to the Town. It is understood that R. Brown and Sons, Inc. submit to the Town a certificate of insurance issued by an insurance company licensed in the State of New York in the amount of one million dollars naming the Town as an additional insured. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Supervisor Borgos-Noted that there is an escape clause and that at any time we may cancell or renegotiate. Councilman Montesi-Commended Mr. Jim Coughlin for discovering the Corporation of R. Brown and Sons. RESOLUTION TO DEPOSIT SCRAP METAL RESOLUTION NO. 167, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the entire United States is faced with a difficult problem of solid waste disposal, and WHEREAS, Warren County is also faced with the solid waste problem, and WHEREAS, the Town of Queensbury is attempting to resolve its solid waste problem and has recently contracted with the firm of R. Brown and Sons, Inc., of Colchester, Vt. to remove various scrap metals from the Queensbury/Glens Falls Landfill at no cost, and WHEREAS, the Town of Queensbury wishes to help all towns in Warren County to rid themselves of the scrap metal portion of solid waste, NOW, THEREFORE, BE IT RESOLVED, that beginning on May 15, 1988 any town in Warren County may deposit loads of scrap metals (excluding those listed as harmful or toxic) in a special location at the landfill for the purpose of transfer only. Each town accepting this offer must present proof of insurance from an insurance company licensed in the State of New York, with the Town of Queensbury listed as a named insured in the amount of One Million Dollars, and be it further RESOLVED, that participating towns will not be charged for this transfer service until and unless the dealer currently under contract imposes a fee for his services, and be it further RESOLVED, that it is expected that each town depositing metal for transfer will charge residents of that town for the service of transporting the materials, and be it further RESOLVED, that this resolution shall become ineffective if for any reason the market for the metal disappears. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: Mrs. Potenza Absent: None RESOLUTION INCREASING RESIDENTIAL USERS FEES RESOLUTION NO. 168, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the fee for use of the solid waste transfer stations at Luzerne Road and at the Ridge Road landfill site have been set at one dollar per car for several years, and WHEREAS, said fees were scheduled to increase to $1.50 per car on January 1 of this year, but did not because of mechanical difficulties with the automatic gate coin and bill collectors, and WHEREAS, the approved budget for the 1988 calendar year was constructed with the assumption of higher rates, and WHEREAS, the Town of Queensbury must soon face the cost of formal closure of the landfill, NOW, THEREFORE BE IT RESOLVED, that the fee for use of the transfer stations be increased to $2.00 per car on June 1, 1988. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO REJECT BIDS RESOLUTION NO. 169, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, on April 12, 1988 a bid opening was held on a 1988 Stationwagon for the Pine View Cemetery Dept. and WHEREAS, one bid was received NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby rejects the bid as submitted for the following reasons: A. Only one bid was received B. It would be more advantageous to select a vehicle from State Contract Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 4 Noes: None Absent: None RESOLUTION AUTHORIZING EXECUTION OF CROSSING RIGHTS AGREEMENT HIDDEN HILLS SUBDIVISION RESOLUTION NO. 170, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Marilyn Potenza: WHEREAS, the Town of Queensbury Planning Board has heretofore granted final approval to a subdivision of land off Dixon Road known as Hidden Hills Subdivision, and WHEREAS, within the said Hidden Hills Subdivision the Town of Queensbury has accepted certain real property as and for Town Roads within the said subdivision, and WHEREAS, Niagara Mohawk Power Corporation owns certain real property within the said Hidden Hills Subdivision for its Lake George-Glens Falls Feeder Dam Tap transmission line, and WHEREAS, the said transmission line and lands thereunder crosses certain of the Town's roadways within the said subdivision, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to execute the annexed crossing rights agreement for purposes of clarifying the use and occupation of certain lands within the Town Highway System and it is, FURTHER RESOLVED, that the Town of Queensbury accepts an assignments of crossing rights from Michael J. Woodbury and Ralph B. Woodbury copy of which crossing rights assignment is annexed hereto and it is FURTHER, RESOLVED, that the aforesaid crossing rights assignment and agreement be recorded in the Warren County Clerk's Office. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Abstain: Mr. Kurosaka RESOLUTION ACCEPTING SUPPLEMENT TO DRAFT ENVIRONMENTAL IMPACT STATEMENT RESOLUTION NO. 171, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Earltown filed an application for a Planned Unit Development with the Town of Queensbury on March 6, 1987, and WHEREAS, the Town of Queensbury referred this PUD application to the Queensbury Planning Boards, WHEREAS, the Town Board on March 10, 1987 determined themselves to be lead agency of this project, and WHEREAS, on April 28, 1987 a Determination of Significance was made by the Town Board, and WHEREAS, on May 7, 1987 a public scoping session was conducted by the Town of Queensbury in regards to this project, and WHEREAS, on July 13, 1987, Earltown filed a Draft Environmental Impact Statement with the Town Board of the Town of Queensbury, and WHEREAS, on July 28, 1987, the Draft Environmental Impact Statement was accepted as complete by the Town Board, and WHEREAS, a public hearing was held on September 2, 1987 at Queensbury Town Hall in accordance with SEQRA and pursuant to the provisions of Article 15 of the Town of Queensbury Zoning Ordinance for the purposes of obtaining public comment on the proposed PUD, and WHEREAS, a public comment period was conducted until October 9, 1987, and WHEREAS, a Supplement to the Draft Environmental Impact Statement has now been prepared by Earltown, and submitted to the Town Board of the Town of Queensbury NOW, THEREFORE BE IT RESOLVED, that a public hearing on the Supplement to the Draft Environmental Impact Statement will be held on May 16, 1988 at 6:00 P.M. at the Queensbury Elementary Cafatorium, Aviation Road, Queensbury, New York and be it further RESOLVED, that public comments on the Supplement to the Draft Environmental Impact Statement will be accepted until June 11, 1988 and it is further RESOLVED, notice of the public comment period and public hearing shall be published in the Glens Falls Post Star and it is further RESOLVED, that the Supplement to the Draft Environmental Impact Statement is k available for public review and comment at the following locations during normal business hours: Town of Queensbury Town Hall, Bay at Haviland Road, Queensbury, °-- New York; Crandall Library, Maple Street, Glens Falls, New York; and Adirondack Community College Library, Bay Road, Queensbury, New York and all involved agencies. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: Mr. Kurosaka 21ti Absent: None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT RESOLUTION NO. 172, Introduced Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, by Resolution No. 139 of 1988 entitled RESOLUTION APPROVING EDUCATION REQUEST the Town Board encourages Town employees to attend educational opportunities, NOW, THEREFORE BE IT RESOLVED, that Supervisor Stephen Borgos be and he hereby is authorized to contract with Adirondack Community College for a Data Base III Plus computer training program and be it further RESOLVED, that the twelve hour course not exceed $450.00 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Supervisor Borgos-Noted that the staff of the Planning and Code Department is required to attend this course. RESOLUTION TO CONDUCT CIRCUS RESOLUTION NO. 173, Introduced by George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Kiwanis Club of Lake George have requested permission to conduct a circus as follows: SPONSOR: The Lake George Kiwanis CIRCUS: Allan C. Hill Entertainment, Corp. PLACE: West Glens Falls Firemen's Field DATE: June 7, 1988 NOW, THEREFORE BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor subject to the following conditions: A. Receipt of proof of Insurance 1. The Insurance Company must be licensed in the State of New York 2. The Town of Queensbury must be named as an additional insured B. Inspections and Approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Fire Company C. There must be adequate parking and access for emergency vehicles. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION OF COOPERATIVE AGREEMENT RESOLUTION NO. 174, Introduced by the Entire Town Board. WHEREAS, the Town of Queensbury is attempting to properly plan for future growth, while at the same time resolving current issues, and WHEREAS, the Town Board has determined that in the interest of public health and safety, a Town road should be constructed across a small strip of land owned by Warren County at the site of the Warren County Municipal Center, and connecting with the residential subdivision known as Court House Estates, and WHEREAS, this roadway would greatly improve traffic safety and response time for emergency services, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury requests the Board of Supervisors of the County of Warren to adopt a resolution agreeing to the sale of the land in question at a price agreeable to the County Board, and in a form acceptable to the County Attorney. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COMMUNICATIONS Ltr.-International Arts and Culture Association-on file requesting fee to be returned on temporary sign permit... RESOLUTION TO RETURN FEE RESOLUTION NO. 175, Introduced by George Kurosaka who moved for its adoption, seconded by Betty Monahan. RESOLVED, the Town Board hereby return the fee for a temporary sign permit to the International Arts and Culture Association, Inc., 206 Glen St., Glens Falls, New York. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos i -- Noes: None Absent: None Quaker Ridge-Supplement to Draft Environmental Impact Statement(4-18-88)-on file BID OPENIN6-Highway Used Front End Loader Southworth Machinery Caterpillar 950B Wheel Loader $76,268.00 Albany, New York Non-Collusive RESOLUTION TO ACCEPT BID RESOLUTION NO. 176, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, Mr. Paul Naylor Superintendent of Highways did recommend that we advertise for bids for a Used Front End Loader, and WHEREAS, one bid was submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk M. Dougher, and such bid was turned over to Paul Naylor for his recommendation, and WHEREAS, Paul Naylor by recommendation that the bid be awarded to Southworth j I Machinery of Albany, New York in the amount of $ , . �--2�,-I �-- 74, 2to&:u1i NOW, THEREFORE BE IT (Z� -LAO-4 14 PV RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Southworth Machinery of above stated, and be it further RESOLVED, that this equipment is included in the 1988 Highway Budget. Duly adopted by the following vote: `z14 Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None BID OPENING-Highway (2) Single Axle Dump Trucks Wicker Ford 1988 Ford L8OOO $62,710.00 each Ticonderoga, NY Non-Collisive Ross Truck Center 1988 GMC Single Axle $126,690.00 (2) Granville, NY Non-Collisive (second alternate) 1988 GMC Single Axle $137,874.00 (2) Non-Collisive Latham Motors 1988 Ford L8OOO $66,215.00 each Latham, NY Non-Collisive $132,430.00 (2) Orange Motors 1988 Ford L8OOO $63,034.70 each Albany, NY Non-Collisive $126,069.40 (2) H L Gage Sales Inc. 2 New 1989 Inter. $67,847.00 each Highway is reviewing the Bids BID OPENING-Recreation 4 Wheel Drive Dump Truck Ross Truck Center 1988 GMC 1 Ton $20,280.00 Granville, NY Non-Collisive Latham Motors 1988 Ford F35O $20,370.00 Latham, NY Non-Collisive Dick Daly Chrysler 1988 Dodge W35 $20,095.00 Glens Falls, NY Non-Collisive Wicker Ford 1988 F35O $20,148.00 Ticonderoga, NY Non-Collisive RESOLUTION TO ACCEPT BID RESOLUTION NO. 177, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Mr. Harry Hansen Director of Parks and Recreation for the Town of Queensbury did recommend that we advertise for bids for a 4 Wheel Dump Truck and 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 such bid was turned over to Harry Hansen for his recommendation, and WHEREAS, Mr. Hansen has recommended that the bid be awarded to Ross Truck Center, Granville New York in the amount of $20,280.002 and WHEREAS, the two lowest bids were not accepted for the following reasons, Wicker Ford; rust proofing not stated, warranty, ring spring sizes, brake sizes, type of frame, type of windshield wipers, seats, mud flaps, did not meet specs., Dick Daly Chrysler; ring spring, frame, engine size and color, did not meet specs.. NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Ross Truck Center of above stated and be it further RESOLVED, that the cost of such equipment is included in the 1988 Recreation Budget. Duly adopted by the following vote: t _i5 Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None BID OPENING-Chairs, Tables, etc. for the Queensbury Center Ralph Shapiro 35 Folding Tables 3602 $54.00 each 9 Pine St. 4 Folding Tables 36x96 $64.00 each Glens Falls, NY Table Trucks $139.00 each i 200 Stacking Chairs $34.75 each (2" foam seat) $38.50 each 9_ 16 Chair Dollies $47.00 each second choice chairs $25.00 each " dollies $45.00 each Sampsonite folding tables 36x72 $64.00 each " " if " 36x96 $75.00 each 4-6 weeks delivery Non-Collisive RG Landry 35 Folding Tables 3602 $2,338.00 total 124 Glen St. 4 Folding Tables 36x96 $318.60 total Glens Falls, NY 2 Table Dollies $310.50 total 200 Stacking Chairs $4,958.42 total 16 Chair Dollies $908.05 total Non-Collisive $8,833.57 TOTAL G.F. Business Machines 35 Folding Tables 3602 $2194.50 total Dix Avenue 4 Folding Tables 36x96 $296.40 total Glens Falls, NY 2 Table Dollies $258.40 total 200 Stacking Chairs $4,830.00 total 16 Chair Dollies $714.40 total Non-Collisive $8,293.70 TOTAL Office Furniture 35 Folding Tables 36x72 $2765.00 total Super-Mart 4 Folding Tables 36x96 $376.00 total Albany, NY 2 Table Dollies $258.00 total 200 Stacking Chairs $6600.00 total 16 Chair Dollies $720.00 total Non-Collisive $10719.00 TOTAL RESOLUTION TO ACCEPT BID RESOLUTION NO. 178, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, Darleen M. Dougher Director of Purchasing/Town Clerk did recommend that we advertise for bids on tables, chairs and dollies and WHEREAS, four bids were submitted and received and opened at the specified time and place by the Director of Purchasing/Town Clerk, and WHEREAS, Darleen M. Dougher by recommendation that the bid be awarded to the lowest bidder, Glens Falls Business Machines of 32 Dix Avenue, Glens Falls, New York in the amount of $8,293.70, NOW, THEREFORE BE IT y RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Glens Falls Business Machines of above stated, and that payment for the above equipment will be made from the account H442351620.300. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO CHANGE MEETING TIME i 21f� RESOLUTION NO. 179, Introduced by Betty Monahan who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Town Board will hold its next regular meeting on May 10, 1988 at 4:00 P.M. at the Queensbury Town Office Building, Bay at Haviland Roads, Queensbury, New York. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: Mr. Montesi I i Absent: None PROCLAMATION-proclaiming "SAFE DRINKING WATER WEEK"-on file PROCLAMATION-proclaiming May 1st as "LOYALTY DAY"-on file RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO. 180, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that Special Audit of Bills as appears on Abstract April of 1988 and numbered 959 and totaling $423.00 be and hereby approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 181, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza. RESOLVED, that the Town Board moves into Executive Session to discuss litigation, and personnel matters. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None No action was taken, on motion the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY